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Relief for Denial of I-130?

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  • Relief for Denial of I-130?

    Does anyone know what the procedure is to get relief from a denial of an i-130?

  • #2
    Does anyone know what the procedure is to get relief from a denial of an i-130?

    Comment


    • #3
      I don't know what you mean by saying "relief" from the denial of I-130... But if it is denied you (actually the petitioner) have the right to appeal to that.

      INS will show cause why they denied it, or even before denial, they can send a notice called intent to deny... There you need to explain why it can not be denied and you need to enter documents/evidence/argument against the grounds of denial... If they are adequate, the I-130 will automatically be approved.

      Good Luck

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      • #4
        By "relief" I meant is there anything I can do if the I-130 was denied.

        Do you now whatthe deadline is for appealing or better yet where I can find the information (the cite or authority).

        Thank you.

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        • #5
          Can you explain why your I-130 was denied? Usually I-130s do not get denied, but on very rare ocassions...

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          • #6
            well, im not sure that it definitely was denied because we never received the notice, but the i-485 was denied b/c the client used a fraudulent birth certificate

            Comment


            • #7
              well, im not sure that it definitely was denied because we never received the notice, but the i-485 was denied b/c the client used a fraudulent birth certificate

              Comment


              • #8
                Following info is from the INS website...

                Denials:
                If the Center Adjudications Officer finds that a case should be denied, the denial is written and forwarded to the Clerical unit for printing. The printed denial is then given to the supervisor for review and then returned to the Clerical unit for updating and mailing. In the case of a denial, all material is usually retained in the file.

                Denials (other than Legalization/SAW cases) are held in the Records Division of the Center until the time limit for filing an appeal has been reached. Material clearly marked as an appeal will be directly routed to the Records Division to be connected to the appropriate file and then forwarded to the Adjudications Division for processing. Legalization/SAW denials are held in the Legalization records area. Clearly marking the material as an appeal will expedite the time it takes to get the material to the Adjudications Division.

                If any evidence and/or argument submitted with an appeal overcomes the grounds of the denial, the case will be treated as a Motion to Reopen and the application/petition will be approved, without forwarding the case to the Administrative Appeals unit, the Legalization Appeals unit or the Board of Immigration Appeals.

                For more, check out this link...

                http://www.ins.gov/graphics/fieldoff...al/index.htm#E

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