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Options to respond Notice of Appeals

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  • Options to respond Notice of Appeals

    When a I-130 is dennied I understand I have several options: Answer the Notice of Appeal. Do not answer it and file a Motion to reopen or to reconsider or start the whole process again. I will appreciate answering the follwoing questions:

    - The BCIS Website defines differently a Motion to Reopen than a Motion to Reconsider. It says: "A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or BCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made". Because there are no forms for these options, where can I find information to guide me how to prepare one of them?

    - There are two appellate jurisdictions, the Administrative Appeals Office (within the BCIS) and the Board of Immigration Appeals (within the Department of Justice). If based on the Notice of Decision I have to appeal to the BIA (however I shoould be filed ar BCIS), can I still file a motion in BCIS?

    - If I file a motion in the BCIS, should I just ignore the Notice of Appeal by not answering it? Is there something specific I need to do about it?

  • #2
    When a I-130 is dennied I understand I have several options: Answer the Notice of Appeal. Do not answer it and file a Motion to reopen or to reconsider or start the whole process again. I will appreciate answering the follwoing questions:

    - The BCIS Website defines differently a Motion to Reopen than a Motion to Reconsider. It says: "A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or BCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made". Because there are no forms for these options, where can I find information to guide me how to prepare one of them?

    - There are two appellate jurisdictions, the Administrative Appeals Office (within the BCIS) and the Board of Immigration Appeals (within the Department of Justice). If based on the Notice of Decision I have to appeal to the BIA (however I shoould be filed ar BCIS), can I still file a motion in BCIS?

    - If I file a motion in the BCIS, should I just ignore the Notice of Appeal by not answering it? Is there something specific I need to do about it?

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