I am to frustrated at our immigration system today. I was reappeal my petition for mykids and wife after california service center denied my application. They also sent me a form eoir and ask fro a minimal evidence like the proof o f my citizenship our marriage contract and the kids brth certificate. After more than five months havent heared anything from them. This is long time of waiting and i thought when you are a us citizen it is gonna be easy to bring your family here, it been a year now since i first file the application and been 5 months and 3 weeks now since i recieved the letter from uscis the reciept. I use this reciept to check the status of the cases. But nothing happened after more than 5 moths still in initial review. Is there anyone here had same situation like mine? Im tired of waiting and checking this case at the uscis website. It seem to me that nothing is gonna happen. Need help... Or any kind of advise
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I-130 re-appeal
- Thread starter trigon16
- Start date
Your post is a little confusing.
You filed how many I-130's and for whom?
If you are a USC, are your children USC's or did you just naturalize? IF you had filed while still with a greencard, then the spouse and children were all on ONE I-130. A USC MUST file individual petitions for spouse and each non-USC child.
What was denied and when and what was the reason?
An I-130 is appealled to the BIA and costs $110 BUT filing a new I-130 or a Motion to USCIS costs more.
If you provide a timeline and greater detail, perhaps you can get some help here.
You filed how many I-130's and for whom?
If you are a USC, are your children USC's or did you just naturalize? IF you had filed while still with a greencard, then the spouse and children were all on ONE I-130. A USC MUST file individual petitions for spouse and each non-USC child.
What was denied and when and what was the reason?
An I-130 is appealled to the BIA and costs $110 BUT filing a new I-130 or a Motion to USCIS costs more.
If you provide a timeline and greater detail, perhaps you can get some help here.
Jackolantern
Registered Users (C)
What was the reason for denial? Are the children yours? Or are they your wife's kids from a prior relationship? If they're yours (biologically), were you a US citizen at the time when they were born?
If you are a naturalized citizen, did you get your own GC via marriage?
If you are a naturalized citizen, did you get your own GC via marriage?
the kids are mine. i have four kids in a same mother. i didnt get my green card by marriage. my mom and dad petition me and i was here inad living in U.S for 10 years. I get my US Citizenship 3 years ago. the reason for denial of their I-130 is i was failed to established a proof of relationship with my kids and for my wife. the california service center needed a minamal reuirement from me to proof that i am the real father of this kids by means of thier birth certificate and me and my wife's marriage contarct. i already submitted that august 16 of 2010 together with form eoir-29 or the appelalled to BIA and costme 110 each form. so from august 2010 up to present i did hear anything from uscis. it take a long time of waiting. i thought its only 5 months of waiting nd they will give the result. but it is almost 6 months like two more week and its 6 months. everytime i check the case status it is always at initial review.
For an I-130 that has been denied based only on the lack of required evidence, USCIS will look it over first and if it can be approved, they will approve and NOT send it to EOIR.
IF they cannot approve it, USCIS will NOT send another RFE and WILL send it to the BIA. The BIA processing is an entirely different government Department and agency---the BIA.
Checking USCIS case status is a waste of time if the case went to EOIR.
SEE: http://www.justice.gov/eoir/statspub/eoiraila102809.pdf and skip down to item # 21 on page 17 and read on from there....
IF they cannot approve it, USCIS will NOT send another RFE and WILL send it to the BIA. The BIA processing is an entirely different government Department and agency---the BIA.
Checking USCIS case status is a waste of time if the case went to EOIR.
SEE: http://www.justice.gov/eoir/statspub/eoiraila102809.pdf and skip down to item # 21 on page 17 and read on from there....
Last edited by a moderator:
im sory my mistakes. the form number is eoir - 29 and the form title is NOTICE OF APPEAL FROM DECISION OF DISTRICT DIRECTOR. they only want a minimal document and the sign form G-325.
IF you did a good job is submitting ALL the required evidence, USCIS can treat the Appeal like a Motion and approve it and NOT send it to the BIA. It all depends on if you got it right.