Unbelievable! I-130 Approval has been WITHDRAWN!

[Brenglen]

So im begining to think i should be giving up on this case, i mean everytime i present something they automaticly find something else just to hold against me. My i-130 was approved back in April of 2007, however my I-485 was not due to my status not being cleared when i moved back to canada from my mom's previous divorce. My mom met someone else in 2000, got married in 2003 and their still married. My step-father and my mom filed for a divorce in 2004, it never went through cause they were mad at eachother at the time and felt it was stupid to get a divorce because of it. My mom filed the I-130 in 2003 but then canceled it when crossing the border for her family one day and decided to live in Canada cause of family reasons, she would cross the border almost every weekend to see my step-father (he would do the same) and they also had a child together too for visiting rights. in 2005, my mom was banned from the U.S. cause they found OLD u.s. mail in her car and suspected her living here illegally and she never got a fair trial. my stepfather has been saving his money so he can get a lawyer to reducer her ban and to file the i-130 however with Michigan's eccomony so bad, its hard to find work and yet save up money, so at this point were saving and yet prolly wait til her ban is done.

My lawyer is on vacation, i have 30 days to appeal this and yet my lawyer wont be back in town by the time my 30 days are up. i have to do this by myself then and prove the i-130 should be approved or w/e I really dont know what to give so I have provided the letter i received today and some of the things are FALSE!

1.) I have never said we filed the I-130, we said were in the process of doing it when my step-father can afford it.

2.) They NEVER filed a divorce twice, only in 2004.

3.) At the first interview, we DID say my mom was banned from the U.S. but apparently we never said that.

4.) My step-father did say THEY NEVER FILED A DIVORCE, so yes that is true it can be listed as a lie however he never thought about the 2004 case and also didn't think it would come up on record because he withdrew it about 15 days after he filed.

So I need some advice, What kinda of surport evidence should i provide. They wanna send this appeal to the "The Board of immigration appeals in falls church, Virginia." however I think they want me to send the appeal to my district office because it says "Do Not send your appeal directly to the board please direct any questions you may have to the uscis officer nearest your residence". They also provided on the back form EOIR-29 which asked me "Do you desire oral arguement before the board of immigration appeals?" does that mean i can go to my nearest local direct office and argue my case?? cause id do that in a heartbeat.

Id appreate it if someone out there can help me and give me a response, i have scanned the letter i received so u can get a better picture of the case and more understanding.

Thank you.

Note:Mrs and Colleen is my mother. This letter was sent to my step-father the sponser

Page 1
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Page 2
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Page 3
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Appeal form
http://img.photobucket.com/albums/v52/wingnutfan2k3/appealform.jpg

 

[senowen]

You didn't provide the first page.
Anyway, the appeal is to the Board of Immigration Appeals in Falls Church, VA. Moreover, you cannot file an appeal. Only the person who filed the I-130 can appeal. That means you cannot appeal for yourself, nor can an attorney appeal for you. Only your step-father can appeal.
If your step-father wishes to appeal he, or an attorney, can fill out the form and bring it to the local office. You will have to pay a fee of $110.
I strongly urge you to find an attorney to do the appeal. I can't give you legal advise, but I can tell you that I think the district director made some grave errors in this case.

 

[Brenglen]

You didn't provide the first page.
Anyway, the appeal is to the Board of Immigration Appeals in Falls Church, VA. Moreover, you cannot file an appeal. Only the person who filed the I-130 can appeal. That means you cannot appeal for yourself, nor can an attorney appeal for you. Only your step-father can appeal.
If your step-father wishes to appeal he, or an attorney, can fill out the form and bring it to the local office. You will have to pay a fee of $110.
I strongly urge you to find an attorney to do the appeal. I can't give you legal advise, but I can tell you that I think the district director made some grave errors in this case.

Oh ya it says "Page 2" cause thats the attachment, the first page is really statiing that its been denied and that it will go to Virgina..etc.

So he would have to MAIL the EOIR-29 to the Detroit distrct office and select oral argument and provide evidence??? like divorce papers and stuff??

thank you for your response btw .

 

[senowen]

Oh ya it says "Page 2" cause thats the attachment, the first page is really statiing that its been denied and that it will go to Virgina..etc.

So he would have to MAIL the EOIR-29 to the Detroit distrct office and select oral argument and provide evidence??? like divorce papers and stuff??

thank you for your response btw .

Yes, assuming the I-130 was denied at the Detroit district office, your step-father or his attorney would need to either personally deliver or mail the Form and fee to the Detroit District Office. The most important thing is that you need a legal argument about why the decision was wrong. If you have evidence to support your argument, that would also help. The BIA almost never grants oral arguments, so it doesn't really matter if you check yes.

 

[Brenglen]

Yes, assuming the I-130 was denied at the Detroit district office, your step-father or his attorney would need to either personally deliver or mail the Form and fee to the Detroit District Office. The most important thing is that you need a legal argument about why the decision was wrong. If you have evidence to support your argument, that would also help. The BIA almost never grants oral arguments, so it doesn't really matter if you check yes.

Okay, yeah cause my lawyer is gone away for 3/4 weeks and well thats the time being to appeal... so best advice to do is present the divorce papers, write something down on paper (which ive done so many times), I mean Im trying to figure out where I can find evidence that we never said half of those stuff at the interviews. Also the evidence that should be shown is that the marriage of my mother and my step-father is real and still together??