Case Denial for my sister

J

JerseyGuy76

Registered Users (C)
hello gurus pls help here..
my sister is US citizen and she applied for rest of the sisters and brothers. We had the RFE for 3 sisters and we sent the required documents. Now they approved two cases but denied one sisters case on the grounds of not enough evidence presnted to establish parentage etc. We submitted almost the same documnets for all three and I dont know how come they approve 2 and reject one similar case. INS also sent the appeal form if we need to appeal the decision. I have few questions if some one can help please.
1. If we appeal the case(and we'll definatly do) , will it efect the priority date or something, It's not like the case will start from the begining and have 2 wait another 8 yrs.
2. what supporting documents should we present. Should we send the same documnets or ask them for what else they need.
3. If we give the reference for the other 3 cases that that wre approved and tell them that they are all sisters.. it's not gonna efect the approved cases right?
4. should we go with a lawyer or send it by ourself

Please sare of someone has gone through same experience and what's the outcome. Thanks in advance
 
JerseyGuy76,
can you tell what kind of additional evidence uscis ask to provide ? A friend of mine goes though the same situation.
Did your sister included copies of original birth certificates hers and siblings when applied or had included sworn affidavits from relatives and doc's that they didn't have birth certificates and a statement from the appropriate civil authority certifying that the document is not available ?
Thanks .
 
We didnt have the original birth certificates, because at hat time it wasnt reported,so we submitted the affidavite and also the no-entry record from the municipal offfice. The affidative was from the sister side whos case is applied. Also they asked for the school records and we sent that but uscis said that school records only show fathers name no the mother name.

anmn, what did your friend did and how did the apeal process go. Does they need to send more evidence?
 
JerseyGuy76, my friend just started to deal with it and she decided to go with DND tests. There's an issue with location because my friend lives in the USA and her sibling in the native country but there are a few companies that can provide the service in this kind of situation.
Best of luck to your relatives.
 
One question I have.. Do we have to send the supporting documents again with the appeals form. This "Notice of Appeal to the Board of Immigration Appeals from a Decision of a USCIS officer" is new to me. Does anybody have any idea what to write in it.
The case for my 2 other sisters and a brother is approved with almost the same supporting documnets. But the case for 1 sister is denied. Please help and is it a good idea to get more supporting documnet like affidavites and other forms from the country.??
 
Also if I mention in my appeals form the approved cases of my other sisters and brothers as a support , will it effect the approved cases.?? They are not going to reverse the decision on the approved cases? I'm confused that should I make a case that the cases of my other brother n sisters is approved with almost the same supportive document.?
Any sugfgestion on this matter will b appriciated..thankx
 
hi, I sent the form EOIR29 to the USCIS Vermont office @ 75 Lower Welden ST but the form came back saying that your papers are not reviewed and if you wish to file it again you have two option.. either file form I-290B with $585 or file reopen/reconsider form with $110 . I dont know which address to sent because there's no mentioning of the address on EOIR 29 form.. please help what should we do next... any suggestion or the right mailing address for EOIR29 form??
 
thanks jack, I'm thinking of sending the form EOIR-29 back to the USCIS Vermont to the improper rejection department with same documnets. what do u think?
Also if you know any good lawyers who deal with these kinda situations please let me now.
Anyone else have this kinda experience.. please advise..
 
hi,
I sent the EOIR form to the wrong address.. Instead of sending it to Nebraska office , I sent to Vermont office. Now the 30 days time is over and i;m sending it to correct address. will they accept my form or deny the case altogether please advise if I should be sending some other form as well so the case for my sister dont get denied.
 
JerseyGuy76 said:
One question I have.. Do we have to send the supporting documents again with the appeals form. This "Notice of Appeal to the Board of Immigration Appeals from a Decision of a USCIS officer" is new to me. Does anybody have any idea what to write in it.
The case for my 2 other sisters and a brother is approved with almost the same supporting documnets. But the case for 1 sister is denied. Please help and is it a good idea to get more supporting documnet like affidavites and other forms from the country.??
Click to expand...

I am not trying to be disrespectful, but your posting remind me that comment made by Einstein that two things are unlimited :)

First and foremost, have you ever heard about a thing called "immigration attorney"? Being in appealing process should be complicated enough to reach for attorney. C'mon! its not like you need divorce attorney but need to stay cheap! this matter here is about your family and your sister, no attorney should be expensive enough.

As of appeal, Board give you strict 30 days and not 1 day more. Its real strict deadline -- Boar has rejected cases in the past that UPS/FedEx hevicle could not delivery on time and delivered a day later - result: appeal rejected.

As of your case, just because they approved two sisters does not mean that the third one should be approved. You could have 100 sisters and 99 approved -- they still will be looking at 100th sister separately. I dont know the details of your case, I dont know what is the groun INA Act based on your sister case being denied. Some cases denied base on immigration fraud does not let you open another I130. Some other do. Most likely you need to get stronger evidence for your third sister and reapply for I130. This will, of course start entire process upfront and put your sister at the end of the line. Appeal, on the other hand takes from 1.5 year up to 3 years of waiting. your two other sisters vere approved, you appeal only from the one that was denied.


I am not an attorney though -- my "knowledge" cannot be bonding -- you act on your own.
 
JerseyGuy76 said:
thanks jack, I'm thinking of sending the form EOIR-29 back to the USCIS Vermont to the improper rejection department with same documnets. what do u think?
Click to expand...
File the simpler MTR. You will lose the EOIR appeal without at attorney, and the appeal takes longer. Normally the appeal is filed only after the MTR has failed.
 
can you share about your I-130 petition timeline for your sister

Hello,

can you share about your I-130 petition timeline for your sister.When you filed and when you received receipt number?

thanks in advance

JerseyGuy76 said:
hello gurus pls help here..
my sister is US citizen and she applied for rest of the sisters and brothers. We had the RFE for 3 sisters and we sent the required documents. Now they approved two cases but denied one sisters case on the grounds of not enough evidence presnted to establish parentage etc. We submitted almost the same documnets for all three and I dont know how come they approve 2 and reject one similar case. INS also sent the appeal form if we need to appeal the decision. I have few questions if some one can help please.
1. If we appeal the case(and we'll definatly do) , will it efect the priority date or something, It's not like the case will start from the begining and have 2 wait another 8 yrs.
2. what supporting documents should we present. Should we send the same documnets or ask them for what else they need.
3. If we give the reference for the other 3 cases that that wre approved and tell them that they are all sisters.. it's not gonna efect the approved cases right?
4. should we go with a lawyer or send it by ourself

Please sare of someone has gone through same experience and what's the outcome. Thanks in advance
Click to expand...
 
You must log in or register to reply here.
Top