Denied application for an alien relative.

siromar

Registered Users (C)
I submitted my N-400 application a couple of months ago, and I have my interview on the 17th of December. I applied for my mother as I thought a permanent resident is permitted to submit an I-130.

Earlier today, I got a letter my the USCIS stating that the application had been denied because I had not yet become a citizen.

What is the procedure now? Can I appeal once I become a citizen? Or do I have to submit a new application with new fees? :(
 
Since a LPR cannot file for a parent, you must begin again; there is no grounds for appeal since you did not pay attention to US legal requirements. Since you improperly filed, you must pay all fees again. Review the extensive documentation on the USCIS website on family based immigration.
 
Technically speaking, it was my lawyer's paralegal who told me to go ahead and file. However, the mistake was made, and I have no problem owning up to it and paying the fees again. :)
 
You can always ask your lawyer to refund you the the I-130 fees. I highly doubt it, but worth a shot!

Technically speaking, it was my lawyer's paralegal who told me to go ahead and file. However, the mistake was made, and I have no problem owning up to it and paying the fees again. :)
 
I submitted my N-400 application a couple of months ago, and I have my interview on the 17th of December. I applied for my mother as I thought a permanent resident is permitted to submit an I-130.
A permanent resident is allowed to submit an I-130 ... but only for a child or spouse, not a parent or sibling. Did you say who you were planning to file for when you talked to the paralegal?
 
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