i130 denied filing appeal help needed

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nadiriqbal

Registered Users (C)
hi friends i filled my parents i130 and today i got approval for my mother and father they says he was us citizen since 1997 so this is totally shocking for me because he been never any where out side of his country so uscis write me to appeal with in 30 calendar days so i am requesting your help what i need to write them last time they asked me for RFE and i provide both my parents DNA report and now they denied my father application .
my another question is if they approved my appeal i still have to file i130 from starting or they will just approve my father i130 and transfer case to NVc for further actions

thank you.
 
Not being outside his country does not mean that he is not a US citizen -- he could have gotten US citizenship from a parent at birth, for example.

If your appeal is successful, they will approve the I-130.
 
my father never come to america since he born he was living in pakistan so how they determine he is us citizen so in this case what i need to tell them thank you
 
nadiriqbal said:
my father never come to america since he born he was living in pakistan so how they determine he is us citizen so in this case what i need to tell them thank you
Click to expand...
Again, people can be US citizens without ever having been to the US. Did they tell you why they think he's a US citizen?
 
Not sure if I’m misunderstanding something but if they think he’s a citizen, why doesn’t he get a US passprt?
 
here is letter quote
upon consideration it is ordered that your petition be denied for the following reason
the beneficiary is citizen of the united states according to our records name xxxxxx naturalized on February 27,1997 in new York there is no provision under the immigration and nationality act to accord the status to a citizen of the united states.
In visa petition proceedings the petitioner bears the burden of establishing the eligibility for the benefits sought .See matter of brantigan11 1 &n DEC.493 BIA1966.


IF YOU DISAGREE WITH THIS DECISION OR IF YOU HAVE ADDITIONAL EVIDENCE THAT SHOWS DECISION IS IN CORRECT YOU MAY APPEAL THIS DECISION TO BOARD OF IMMIGRATION APPEALS.IF AN APPEAL IS NOT RECEIVED WITH IN 30 DAYS OF THE DATE OF THIS NOTICE DECISION WILL BE FINAL.

what other evidence i can provide them ?they totally have wrong information
 
nadiriqbal said:
here is letter quote
upon consideration it is ordered that your petition be denied for the following reason
the beneficiary is citizen of the united states according to our records name xxxxxx naturalized on February 27,1997 in new York there is no provision under the immigration and nationality act to accord the status to a citizen of the united states.
In visa petition proceedings the petitioner bears the burden of establishing the eligibility for the benefits sought .See matter of brantigan11 1 &n DEC.493 BIA1966.


IF YOU DISAGREE WITH THIS DECISION OR IF YOU HAVE ADDITIONAL EVIDENCE THAT SHOWS DECISION IS IN CORRECT YOU MAY APPEAL THIS DECISION TO BOARD OF IMMIGRATION APPEALS.IF AN APPEAL IS NOT RECEIVED WITH IN 30 DAYS OF THE DATE OF THIS NOTICE DECISION WILL BE FINAL.

what other evidence i can provide them ?they totally have wrong information
Click to expand...
Then it does seem like it's a mistake. To be naturalized you must be in the US. Someone who got citizenship from parents wouldn't be "naturalized". Maybe they confused him with someone of the same name and birth date? I am not sure what evidence you can present to show that he is not a citizen -- it is difficult to prove a negative, and it is usually the burden of the party claiming that someone is a citizen to prove it. The fact that he hasn't been in the US could disprove the claim that he naturalized, but, again, I am not sure what evidence you can present to prove that he hasn't been in the US.
 
I'd send any evidence of his home country domicile on or about February 1997 to prove he was not in New York that day.
 
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