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PLEASE HELP!! My I130 Petition was dennied.

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  • PLEASE HELP!! My I130 Petition was dennied.

    The I130 petition for my wife living abroad was dennied by a BCIS Director. The Notice of Decision reads as follows:
    "The Bureau requested the following items:
    1.Proof of U.S. Citizenship of ...
    2.Termination of previous marriages between ....
    3.Marriage Certificate of .....
    4.G-325 (Biographic Information) for ...

    The Bureu received your response to our request for additional evidence which included items 1 through 3. Item 4 (G-325 Biographic Information) was not included in your response.

    Therefore, the beneficiary cannot be classified as your spouse, for immigration purposes. In view of the above, your petition is dennied.

    In visa petition proceedings, the petitioner bears the burden of establishing eligibility for the benefits sought. See Matter of Brantigan, 11I & N. Dec.493 (BIA 1966).

    If you desire to appeal this decision you may do so....."

    From my view point (I am not a Lawyer)it seems to be an easy case, but I have been told that majority of these Apeeals are not appreved. So, I have the following questions:
    1. Do I really need a Lawyer? Why? So far I have been able to handle thae case without paying the high cost of a Lawyer.
    2. If I hire a Lawyer, what are the chances to get an approval.
    3. If I decide not to hire a Lawyer, I understand the most sensitive part of the form EOIR-29 is point #2 where you specify the reasons for the appeal. I am unsure how to specify those reasons. Can I say I disagree with the Director Decision because the G-325 form was sent before when the I130 was filed? Would this be enough or should use more arguments like it was an unfortunate mistake that I lost the form when all the documents were put in the envelope at the Post Office? Can I try to get simpathy by telling them that It has been a long period of more than two years and detailing them all the actions I have performed to get to this point in the immigration process?

    Please give me any additional advise you might have. It would be devastating to loose this case after such a long wait and effort.

    Thank you in advance for any response.

  • #2
    The I130 petition for my wife living abroad was dennied by a BCIS Director. The Notice of Decision reads as follows:
    "The Bureau requested the following items:
    1.Proof of U.S. Citizenship of ...
    2.Termination of previous marriages between ....
    3.Marriage Certificate of .....
    4.G-325 (Biographic Information) for ...

    The Bureu received your response to our request for additional evidence which included items 1 through 3. Item 4 (G-325 Biographic Information) was not included in your response.

    Therefore, the beneficiary cannot be classified as your spouse, for immigration purposes. In view of the above, your petition is dennied.

    In visa petition proceedings, the petitioner bears the burden of establishing eligibility for the benefits sought. See Matter of Brantigan, 11I & N. Dec.493 (BIA 1966).

    If you desire to appeal this decision you may do so....."

    From my view point (I am not a Lawyer)it seems to be an easy case, but I have been told that majority of these Apeeals are not appreved. So, I have the following questions:
    1. Do I really need a Lawyer? Why? So far I have been able to handle thae case without paying the high cost of a Lawyer.
    2. If I hire a Lawyer, what are the chances to get an approval.
    3. If I decide not to hire a Lawyer, I understand the most sensitive part of the form EOIR-29 is point #2 where you specify the reasons for the appeal. I am unsure how to specify those reasons. Can I say I disagree with the Director Decision because the G-325 form was sent before when the I130 was filed? Would this be enough or should use more arguments like it was an unfortunate mistake that I lost the form when all the documents were put in the envelope at the Post Office? Can I try to get simpathy by telling them that It has been a long period of more than two years and detailing them all the actions I have performed to get to this point in the immigration process?

    Please give me any additional advise you might have. It would be devastating to loose this case after such a long wait and effort.

    Thank you in advance for any response.

    Comment


    • #3
      >1. Do I really need a Lawyer?

      If you're not going to be able to follow simple instructions such as include 4 parts, and you only include 3 -- of course you need a lawyer.

      You should've used a lawyer from the get-go, since you were too clumsy and didn't even include the simple 4 parts.

      Now go get a lawyer and pay big bucks for your mistake.

      -= nav =-

      Comment


      • #4
        No you don't need any attorney, but you do need to follow the instructions. It's not up to BCIS to keep dealing with an incomplete application and you will get no where taking issue with the Director. File the appeal and provide all the documentation they require and don't get nasty. They are just following their rules - you need to do the same. Good luck.

        Comment


        • #5
          You may file Appeal, but you will loose it [100%] without a doubt. Because, you don't have any legal ground to file appeal or challenge BCIS's decision, since BCIS's position is right in accordance to immigration laws in your case. You can not file the appeal just because you don't like the ruling or decision of BCIS, instead there must be a legal ground to argue such as that BCIS failed to apply the laws correctly, or that BCIS overlooked important facts or doucuments that might have great impact on the decision etc. But in yr case, you are in complete fault being so careless in submitting an application without its full requirement. Appellate Courts won't change the decision for you for the mistake you made. In addition, you will be wasting your time on appeal because appeal takes years to complete. It will cost you huge money- because even though you will appeal by yourself without the help of any attorney, you will still be spending big money like you need to file so many copies of each and every documents that you had submitted to BCIS with your initial application, as well lots of briefs with special coversheads requirements, and lots of other things that are associated with appeal procedure, which includes filing fees for appeal itself. Can you file appeal without the help of immigration attorney because you do need to research laws and cases that would be applicable to your situation to support your claims or arguments.

          Now, the best option for you in yr case is- file a 'Motion for Reconsideration' with BCIS, wherein you need to submit the whole application [the copy of previously filed I-130] again with its full documentary requirements, but without its filing fees. But you do need to pay fee for this Motion though. BCIS will review your case again within 60 days of filing this motion, and will approve it without any problem, that is. But, you need to file that motion within 33 days of denial of your I-130. This motion would be written on a simple piece of paper, wherein you will be requesting to BCIS that you previously filed this application without biographic forms [G-325A] for both of you, that why it was denied [you need to include denial letter], but you want to request to reconsider your [BCIS] decision again in the view of new evidence/document that you are submitting with it with its full requirement. You need to submit the copy of I-130 that you previously sumbitted to them with all its documents again, instead of new I-130.

          Somehow, if they would deny it again, which I highly doubt it, then you should file the application all over again. Because, this application is denied 'without prejudice', which means-you are allowed to refile it as many times you want if you can fullfill all its requirement, but you must have to wait in number again to get your turn for its processing. Filing the appeal would be worthless because you won't win, and will waste your time, money and energy for nothing.

          [This message was edited by SAMMY on October 16, 2003 at 12:05 AM.]

          Comment


          • #6
            My short answer is that I would not agree that " so far (you) have handled this case this case without the high cost of a lawyer. You failed to include the most basic of supportnig documents with your original petition, and then you ignored part of the RFE (or you lost the form at the post office?)--w hich was your second chance. However, most immigration petitions *are* handled without a lawyer, I believe. I believe the majority of immigration attorneys know and respect that, and many will be happy to meet with you for just a consultation where they can explain carefully exactly what you need to do to handle your case. However if these types of slipups are common in your handling of these types of things, I might suggest you have an attorney handle the motion.

            I recommend you pay for a consultation, and take careful notes as to what you need to do. If not, follow Sammy's advise carefully. The fee is $110., which must be sent with the motion to reconsider. Needless to say you will also need to send the 325! I would also send new pictures and everything requested in the RFE.

            Comment


            • #7
              Sammy,

              Thank you very much for your advise. I now understand why so many people ask for your help. I just would like to make some clarifications to your recommendations. They are:
              - The BCIS Website defines differently a Motion to Reopen than a Motion to Reconsider "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". So, I assume you probably were refrring about the Motion to Reopen, instead of a Motion to Reconsider.

              - There are two appellate jurisdictions, the Administrative Appeals Office (within the BCIS) and the Board of Immigration Appeals (within the Department of Justice). In my case, I have to appeal to the BIA. Does this makes any difference? Can I still file a motion in BCIS?

              - If I file a motion in the BCIS, should I ignore the Notice of Appeal by not answering it or should I advise somehow that I am filing a motion?

              Thank you in advance for your response,

              Comment

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