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Thread: I-130 Denied Abandonment -- appeal ?

  1. #1
    I found out that my I-130 petition on behalf of my brother was denied when I casually visited the USCIS website about 2.5 years go. I called the USCIS several times and was told to do various things for about a year to record my permanent address with them Finally having to fill in a change of address form. I eventually received a letter from them telling me that the petition had been denied! At least they had the correct address now. Again I called several times to find the reason for the denial and finally was told that I would have to fill in a freedomn of information form and get the original letter from the National records office. This letter would explain the reasons. It took about 9 months to get the copy of the original denial letter which concluded that the denial was a result of abandonment and that I had 30 days from the date of the letter ( May 2005) to log an appeal. It also mentioned an enclosure M-188. Once again I called the USCIS to find out the next steps and that perhaps get the form(?) M-188 from them. I assumed that m-188 was a form for appeal. They said they did not have any m-188. I visited the local USCIS office and was told that they had never heard of m-188. Several calls to USCIS still resulted in my being told to go back to the National records office to get the m-188. I filled in more forms and waited for another 3 or so months and finally called the records office. They told me that there was no m-188 in the original letter.
    A call to the USCIS ofice today resulted in my concluding that they want me to start the process all over again. Of course they will not provide any guidance. This is a 12 year process and I have lost my place in the queue. I could file a motion of appeal ( $585), but I expect this will result in being told the same as I have heard already, that its too late to appeal. This does not seem a very fair way and is extremely frustrating for people trying to follow the rules. Is there any way around this ? It just seems USCIS is determined to apply any rules it can to keep legitimate people away from immigration benefits ? If other people have negotiated through this sort of situation, please help me.

  2. #2
    I found out that my I-130 petition on behalf of my brother was denied when I casually visited the USCIS website about 2.5 years go. I called the USCIS several times and was told to do various things for about a year to record my permanent address with them Finally having to fill in a change of address form. I eventually received a letter from them telling me that the petition had been denied! At least they had the correct address now. Again I called several times to find the reason for the denial and finally was told that I would have to fill in a freedomn of information form and get the original letter from the National records office. This letter would explain the reasons. It took about 9 months to get the copy of the original denial letter which concluded that the denial was a result of abandonment and that I had 30 days from the date of the letter ( May 2005) to log an appeal. It also mentioned an enclosure M-188. Once again I called the USCIS to find out the next steps and that perhaps get the form(?) M-188 from them. I assumed that m-188 was a form for appeal. They said they did not have any m-188. I visited the local USCIS office and was told that they had never heard of m-188. Several calls to USCIS still resulted in my being told to go back to the National records office to get the m-188. I filled in more forms and waited for another 3 or so months and finally called the records office. They told me that there was no m-188 in the original letter.
    A call to the USCIS ofice today resulted in my concluding that they want me to start the process all over again. Of course they will not provide any guidance. This is a 12 year process and I have lost my place in the queue. I could file a motion of appeal ( $585), but I expect this will result in being told the same as I have heard already, that its too late to appeal. This does not seem a very fair way and is extremely frustrating for people trying to follow the rules. Is there any way around this ? It just seems USCIS is determined to apply any rules it can to keep legitimate people away from immigration benefits ? If other people have negotiated through this sort of situation, please help me.

  3. #3
    Sunny_deol,

    Welcome to the wonderful world of unfairness. If you knew my story you'd probably black out and levitate. It's about 1 billion times worse than yours.

    As far as filing a "Motion to Reconsider" goes it costs, as you know $585. In your case the USCIS will take your money. They will then promptly send you a receipt for the fee's rendered. Then you'll wait............ months, upon months, during this time you'll remain optimistic. In fact your optimism will increase over time because you'll think they're working on your case. Wrong!

    Eventually you'll receive a notice of rejection regarding the motion you filed. This will be due to exceeding the 30 day toll posed upon the motion. In your case you're 2.5 years over the limit. The $585 will then be totally squandered.

    It would be much better to put the cash into the toilet and flush it down. Here's why.
    A. It will save you a trip to the post office.
    B. It will save you the extra cost of the money order.
    C. It will save you the postage fee.
    D. It will save you the cost of gas getting to the post office.
    E. It will save your finger nails from being bitten off with all the anticipation.
    F. Finally, it might be fun watching the money go down the toilet? It might plug the toilet. You could then call a plumber. The plumber will then retrieve your money from the toilet.

    Never tried that! I have in fact tried A. through E.

    In case your puzzled by all this, read my post "...constipated"

  4. #4
    Unique,

    What is your recommendation ? Can a lawyer help or should I just start all over again ?

    Like being "privledged" to drive in CA, I guess its a priveledge to be admitted to USA through a long and tortorous path ? Certainly does not seem so when I am paying all those taxes !

    Can a Senator be called upon for help ?

  5. #5
    Sunny_deol,

    A few questions first. You say "my I-130 petition on behalf of my brother" is it you petitioning for your brother, or visa versa? What are the terms of the petition? Is the petitioner a USC and how did they (you) become one? I want to help you, if I can. But I need to understand the whole story.

  6. #6
    Service personnel are to furnish copies of the pamphlet called "Your Appeal or Motion under the
    Immigration and Nationality and Related Laws" (Form M-188) in the following instances:
    (1) With every unfavorable decision in an application, petition, exclusion, deportation, or other
    proceeding.
    (2) Upon request, for information purposes. (
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Sunny_deol:
    I found out that my I-130 petition on behalf of my brother was denied when I casually visited the USCIS website about 2.5 years go. I called the USCIS several times and was told to do various things for about a year to record my permanent address with them Finally having to fill in a change of address form. I eventually received a letter from them telling me that the petition had been denied! At least they had the correct address now. Again I called several times to find the reason for the denial and finally was told that I would have to fill in a freedomn of information form and get the original letter from the National records office. This letter would explain the reasons. It took about 9 months to get the copy of the original denial letter which concluded that the denial was a result of abandonment and that I had 30 days from the date of the letter ( May 2005) to log an appeal. It also mentioned an enclosure M-188. Once again I called the USCIS to find out the next steps and that perhaps get the form(?) M-188 from them. I assumed that m-188 was a form for appeal. They said they did not have any m-188. I visited the local USCIS office and was told that they had never heard of m-188. Several calls to USCIS still resulted in my being told to go back to the National records office to get the m-188. I filled in more forms and waited for another 3 or so months and finally called the records office. They told me that there was no m-188 in the original letter.
    A call to the USCIS ofice today resulted in my concluding that they want me to start the process all over again. Of course they will not provide any guidance. This is a 12 year process and I have lost my place in the queue. I could file a motion of appeal ( $585), but I expect this will result in being told the same as I have heard already, that its too late to appeal. This does not seem a very fair way and is extremely frustrating for people trying to follow the rules. Is there any way around this ? It just seems USCIS is determined to apply any rules it can to keep legitimate people away from immigration benefits ? If other people have negotiated through this sort of situation, please help me. </div></BLOCKQUOTE>

  7. #7
    I am a US citizen, through Naturalization in Dec 1999. I came to USA on an H-1 Visa in 1988 and then got the green card and Citizenship.

    I am petitioning on behalf of my brother who was born in India but now lives in Canada with his family, for the past 15 years or so.

    I am in California ( San Jose).

    Looks like the M-188 was just some information and wouldnot have helped me at all. This is what I suspected !

    This is another organization with Service in their name !

  8. #8
    Sunny deol,


    I'd like to say something to you with absolutely no intention of insulting you in any way. You are very lucky. I came to the US 10 years prior to you. I'm originally from Canada, all of my ancestors going back to 100+ years arrived, and were processed on Ellis Island NY, from the same place and origin as the vast majority of Americans. My Great Grandfather went to Canada because the railroad had not yet been built there. Some of his brothers remained in the US. One died in a war fighting for America. I applied for adjustment of status 1 year before you ever set foot on American soil. You have been a USC since 1999 I'm still an illegal alien. I have never had any trouble with the law and fully qualify for legalization. My immigration officer just happened to not like me. I believe it was because I have achieved several things that he was jealous of. At that point I made the FATAL mistake of reporting the abuse. Game over for me.

    As far as your bother is concerned, this has been a significant setback. Since it appears that you have not yet irritated the USCIS. You may still have a chance. If you irritate them they will put internal notes on your case, and you will be delayed indefinitely. Trust me I know this for a fact. Best thing to do is cough up some money and get yourself an attorney. Had I done that, I'd have been a citizen before you.

  9. #9
    Thanks Unique. I understand where you are coming from. My family ( my parents ) went to England in 1963 and I was there from 1965 to 1988. I am lucky, no doubt. My parents have actually paid the price of settling in a new country before me while spending many years without close relatives. They could not speak the language, had poor accomodation, worked around 80 hours per week and stayed away from most members of their immediate family until they could put some resources together for the plane tickets. Anyway, like the famous saying "I can see further becasue I stand on the shoulders of other giants". I am also benefitting from the sacrifices made by my parents. Anyway, we all strive to do better and become more successful. In my case I spent 20 years getting a higher level of education. I wish you a lot of luck and success; you are clearly the kind of person who tries to help other people.

    On the I-130, I am not sure what grounds the lawyer would file the appeal on. I will try to see a lawyer, but it looked like it would take an act of congress to get the USCIS to reconsider. Perhaps I should resubmit another I-130 in the meantime ?

  10. #10
    hi sunny, sorry to hear all of this but nothing new my friend,this is uscis and sorry to tell u that u can't appeal or reopen at all. its over , u have 30 days to appeal it(EOIR-29) and 15 for the motion (i-290b) and its wasting of time anyway, they will twist up the story and make u look like u never respond etc.. and u will lose the appeal , forget it and go ahead and file a new one unless if u wanna file a lawsuit againts them at the federal court and only if u have very good evidence

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