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Immigration Law Quesition: Can my I 130 petition still be opened?

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  • Immigration Law Quesition: Can my I 130 petition still be opened?

    The request for reinstatement of petition of deceased petitioner to do substitution was denied and we were given 30 days to file i290b.
    the lawyer suggested that we file a new request with new evidences to fall under humanitarian instead of filing an appeal or filing a 290b.
    USCIS closed my case. Is there a way this can be re-opened?
    Is the attorney working on my case was at fault for not filing within 30 days?
    please tell me what to do now. Thanks.
    Vim2007

  • #2
    The request for reinstatement of petition of deceased petitioner to do substitution was denied and we were given 30 days to file i290b.
    the lawyer suggested that we file a new request with new evidences to fall under humanitarian instead of filing an appeal or filing a 290b.
    USCIS closed my case. Is there a way this can be re-opened?
    Is the attorney working on my case was at fault for not filing within 30 days?
    please tell me what to do now. Thanks.
    Vim2007

    Comment


    • #3
      The post has been deleted by the administrator for violating the discussion board rules.

      Comment


      • #4
        It's unlikely you would be able to re-open if the appeal wasn't filed, but you should get a second opinion from a reputable attorney.
        **************************************
        The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

        Comment


        • #5
          continuing validity (or reinstatement) of the visa petition filed by her deceased father, and to substitute the original I-130 Petitioner is permitted under 8 CFR 205.1(a)(3)(i)(C).
          Vim2007

          Comment


          • #6
            Another lawyer said i should file a complain to the State or somewhere because the other lawyer inadvertently advised the wrong action. Instead of filing I290b to prevent the case to be closed.

            Is this a good advice? Why make enemies especially to an immig lawyer.
            Vim2007

            Comment


            • #7
              So long as he's no longer your lawyer and you have all the paperwork relating to the case, a complaint will have no bearing on your situation.

              Did the other attorney suggest any course of action regarding your options with USCIS?
              **************************************
              The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

              Comment


              • #8
                The other lawyer said that the only way the case can be reopened is to show that I had an ineffective counsel and was advised not to file the 290b within the prescribed period of 30 days. Then refile the request for re-opening of the case either to the appeals board or 290b board whereever that is.
                note. the 290b was filed after 8 months from date of denial. prior to that a new request was filed.

                thank you so much for the inputs.
                Vim2007

                Comment

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