NIW denied, asking for emotional reopen

W

way

Registered Users (C)
My NIW was denied in Vermont. I decided to ask for emotional reopen. Could you share some information with me regarding the reopening the case?
(1) Is the emotional reopen same as appeal?
(2) During reopen, can I submit the updated documents such as papers, citations, and recommendation letters?
(3) How long does it take for emotional reopen in Vermont at this time?

Thanks.
 
way said:
My NIW was denied in Vermont. I decided to ask for emotional reopen. Could you share some information with me regarding the reopening the case?
(1) Is the emotional reopen same as appeal?
(2) During reopen, can I submit the updated documents such as papers, citations, and recommendation letters?
(3) How long does it take for emotional reopen in Vermont at this time?

Thanks.
Click to expand...
Sorry to hear about your denial. I guess the appeal goes to the AAO, only if the vsc immi officer is still undecided on case adjudication after the MTR, (motion to reopen) first goes to VSC. Please refer to the below thread which would give you idea of approximate time frame regarding this.
http://www.immigrationportal.com/showthread.php?t=148944
also refer/read the various posts by members like Joo77, compass and others who have gone thru this. I beleive you could submit new evidence/citations etc when you submit application to reopen, it makes an added advantage.
If possible/comfortable,would you kindly post your last update changes, or if your case status was updated on internet, and your denial receipt details.
Best Wishes, Heavens Bless us..
 
Details Please

Hi Way,

When did you applied for NIW, and what is your area of research.
Finally what is the reason they gave for denial. Please post the details and I will also try to get some info for you on this.
 
way,
My NIW was denied (CSC) and my lawyer filed appeal, which was approved about 6 months later. Please see details in my former postings.
Note that you have limited time to file appeal.
Good luck!
 
lamonte said:
What's an "emotional reopen"?
Click to expand...
I suppose it is a "motion to reopen" (MTR); I think if I-140 is denied one can file an appeal, and I am not sure when one can file MTR - if I-485 is denied?
 
Thanks guys. First of all, the deny letter stated New York State Transportation case. Two big points were made 1. Establishment of internatiol reputation, 2. NIW is negatively affect if a labor certification were required. I do not think my lawyer did enough job when we filed the application.

I talked to different lawyers, some said I could not include new evidence, some said OK! I definately got confused.

Regarding motion reopen, do you guys know whether INS decided you should go with motion reopen or appeal? Because in my case, INS mentioned appeal but not motion reopen, does that mean I could not ask for motion reopen except appeal?

Regarding labor certification, how can I put some words in the new recommendation letters? Because my lawyer said I have no way to put some words regarding this matter.
 
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