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Thread: I-130 denial Appeal

  1. #1
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    I-130 denial Appeal

    Hello,

    My I-130 was denied back on july of 2008. This denial is based on false allegation from my ex-wife.
    by the end of July we have appealed this decision.
    My lawyer told me that we have to send the appeal form and wait for USCIS to ask for the brief and more evidence.
    we have received a letter stating that our appeal form was received on time but since then we have not heard anything back.
    My question is : does anyone here knows or have had a similar issue? and what is the timeline for this kind of appeal? Please help thanks you

  2. #2
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    ummm, normally for an appeal, even if you timely send the form, you have to send the brief and/or additional evidence within 30 days...can you clarify this with your lawyer?

    someone will correct me if i'm wrong!

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    Thank you pen1137,

    I have checked with my lawyer back then and he told me that:
    the USCIS should route the appeal form to the BIA, When the form reachs the BIA they will send us a request asking for our brief and more evidence??? Any input on this will be appreciated Thanks All

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    i do apologize, the 130 denial does use a different appeal form...hope you get some more input!

  5. The Following User Says Thank You to pen1137 For This Useful Post:

    osmm (04-17-2009)

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    Thank you Pen1137,

    I do hope so
    Edit:
    I just want to add that I've contacted my local USCIS through an infopass and was told that my I-130 denial appeal has been forwarded to the BIA but I was not able to trace it to the BIA via the 1-800 number.
    Any input will be appreciated thanks all
    Last edited by osmm; 04-17-2009 at 01:49 AM. Reason: Automerged Doublepost

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    Just an update on this.
    I received a letter from my USCIS office saying that the denial appeal has been forwarded to the BIA. I spent last two days trying to get to talk with someone from the BIA and finally succeeded. They told me that they did not receive any appeal and they advised me to call the USCIS. I called the 1800... number and spent about 30 min with a representative trying to figureout what has happened to my appeal. he then informed me that the folder is still at the USCIS office in Seattle. Please advise me on what will be appropriate to expediate this appeal. I have the feeling that the officer who is responsible of the denial in first place is just wasting time by holding my folder at the local office. Please help

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    Sorry to hear that...at this moment i guess you need to keep calling the local office until your file/appeal gets to BIA for a decision...Good Luck!

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    Angry How far with the I-130 appeal..

    Hi Osmm,
    I was wandering how u'r I-130 appeal is going. My attorney just filed mine too.
    If u don't mind, please reply me so that We can share some ideas since we have similar case here. My own journey with AOS started in 05', interviewed in 06', EAD approved and in 08' I-130 denied. I wish u all the best!

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    Hi Jerry,

    Sorry for the late response. I've been away from this forum for a while.
    I hope that things will go well for your case. A quick update on my case:
    I've been trying to trace my I-130 appeal after three to 4 months I was able to find out that my application is not being routed to the BIA and instead is still at the local USCIS office. I start another effort to figure out why they did not route the appeal to the BIA as They should do and was told that the application is within the processing time and that they are aware of it. so apparently they will send it when they like to send it
    Good luck and please keep me posted

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    Hi Osmm,
    Thanks for the reply!!! Any updates yet? I hope our appeals doesn't take too long before we get a response. My Lawyer forwarded the briefing to Bia in July. How is yours moving along? Lets keep our hopes alive! take care!
    Edit:
    Also Osmm, What number did u call to get the status from Bia? tnx!
    Last edited by jerry2011; 08-30-2009 at 03:05 AM. Reason: Automerged Doublepost

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