I-130 & I-485 denied

[Denidev]

I-130 & I485 denied for a mom because office did not accept the affidavit of birth from India. Will file a Motion to Reconsider or Reopen. Meanwhile Mom needs to visit sick grandmother, and has multiple entry B-2 visa. Can she go back to India with appeal pending and return on b-2 visa? Appreciate any answer

 

[hazelickes]

Hi,

First, You need check why your I-130 & I-485 denial. Since she has a B-2 Visa with multiple visa, she can go back. After entering in to US on B-2 Visa, she can appeal for the reason for the denial of I-130, Petition for Alien relative & I-485, Application for the Adjustment of Status to Get a Green Card. You can also see the information about Family based immigration here.

Disclaimer: The information provided is of a general nature and is not intended to be construed as legal advice

I-130 & I485 denied for a mom because office did not accept the affidavit of birth from India. Will file a Motion to Reconsider or Reopen. Meanwhile Mom needs to visit sick grandmother, and has multiple entry B-2 visa. Can she go back to India with appeal pending and return on b-2 visa? Appreciate any answer

 

[nkm-oct23]

A letter of no record of birth is required from the muncipality. Did you provide it? It also helps of you have secondary evidence of birth like school records, voter records, ration card, etc.

I don't think she can return on a B2 visa, she won't be admitted since she has clearly demonstrated immigrant intent.

Did she get advance parole? Please provide more details of the situation and documentation filed.

 

[Triple Citizen]

Did you ever receive a notice of intent to deny and an RFE before the denail actually came through?

Can she go back to India with appeal pending and return on b-2 visa?