I filed an I-130 (green card petition for Alien relative) in 2002.
In 2003 I moved. I did send USCIS a change of address in 2003. In 2005, USCIS sent an RFE to my old address which obviously was returned to them. In Feb 2006 they denied my application and sent it wrong address and it was returned to them without my knowledge. In Sept 2007, I decided to check the status of application online and found that some correspondence had been returned. On further investigation with USCIS I found my application was denied and the petition is no longer on file - it has been sent to National Record Center. Under FOIA, I filed a request for a copy of it (form G-639). I was told it will take 1 year to get the information.
Unfortunately, I can't find any records of having sent USCIS a change of address record - I have misplaced the documents.
I am considering filing a motion to reopen which requires "new facts".
I have following questions:
1. Is there a standard/sample format for the brief that is filed? If someone has one, I would appreciate it.
In terms of "New facts" I want to state 2, 3, and 4 below
2. I did not respond to the RFE because I had moved and seems like there was an error in execution in change of address form I submitted in 2003. However since I lost my change of address record, what are my chances of reopening the file? I could file an affidavit stating I did it.
3. I am supposed to file an appeal within 30 days. Obviously more than 30 days have passed since Feb 2006 when the denial notice was sent. However, I haven't recieved a copy of it since it went to wrong address. Can I claim that I haven't recieved a copy and technically I am within 30 days?
4. Seems like RFE must have been request to prove the relationship. I had submitted affidavits (attesting to the fact about my sister), but I did not submit a letter from authorities saying that birth certiificate is not available. Would it make sense to attach an non-availability certificate along with affidavit as part of motion-to-reopen?
5. Would hiring a lawyer add a lot of value other than the obvious facts above?
In 2003 I moved. I did send USCIS a change of address in 2003. In 2005, USCIS sent an RFE to my old address which obviously was returned to them. In Feb 2006 they denied my application and sent it wrong address and it was returned to them without my knowledge. In Sept 2007, I decided to check the status of application online and found that some correspondence had been returned. On further investigation with USCIS I found my application was denied and the petition is no longer on file - it has been sent to National Record Center. Under FOIA, I filed a request for a copy of it (form G-639). I was told it will take 1 year to get the information.
Unfortunately, I can't find any records of having sent USCIS a change of address record - I have misplaced the documents.
I am considering filing a motion to reopen which requires "new facts".
I have following questions:
1. Is there a standard/sample format for the brief that is filed? If someone has one, I would appreciate it.
In terms of "New facts" I want to state 2, 3, and 4 below
2. I did not respond to the RFE because I had moved and seems like there was an error in execution in change of address form I submitted in 2003. However since I lost my change of address record, what are my chances of reopening the file? I could file an affidavit stating I did it.
3. I am supposed to file an appeal within 30 days. Obviously more than 30 days have passed since Feb 2006 when the denial notice was sent. However, I haven't recieved a copy of it since it went to wrong address. Can I claim that I haven't recieved a copy and technically I am within 30 days?
4. Seems like RFE must have been request to prove the relationship. I had submitted affidavits (attesting to the fact about my sister), but I did not submit a letter from authorities saying that birth certiificate is not available. Would it make sense to attach an non-availability certificate along with affidavit as part of motion-to-reopen?
5. Would hiring a lawyer add a lot of value other than the obvious facts above?
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