Urgent help on appealing the denial of the I-130

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passionatekiss

Registered Users (C)
Dear everyone,

One month ago, we have received a letter form USCIS asking for the required documents. However, when we received it, it was too late to reply with the documents as we need time to look for the additional documents. Meantime, out agent told me that she replied a letter, requesting for additional time. But recently I have checked the "Application Status", and it says "we have received your response and we resumed your application. We will reply our decision in 30 days, ..... ". Yesterday, we just received the letter which is the denial of the application.

But they gave us a chance to appeal against the decision before the final. But I have no idea how to appeal and what to write. My agent said that we should go with Lawyer. I am totally out of idea how to do....please someone help me before it's too late.


Thanks!
 
Why do i need a lawyer? Cant we just appeal by ourselves? I came up here to look for some advice on how to appeal on that matter.


Hope someone here could give me some piece of advice.
 
Appealing by yourself will bring a 95% chance of denial, especially if you don't know what you're going, as you have admitted. It is not a trivial process, and each appeal situation is different depending on the denial reason and the other circumstances of the case, so you're not going to find much information here.

What is the exact reason given in the denial letter? Depending on the reason, it may be better to reapply instead of appeal.
 
passionatekiss said:
But they gave us a chance to appeal against the decision before the final. But I have no idea how to appeal and what to write. My agent said that we should go with Lawyer. I am totally out of idea how to do....please someone help me before it's too late.
Thanks!
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EVEN your agent (not sure what you mean by that, BTW... paralegal? :rolleyes: ) said to get a lawyer. C'mon, this is critical, you can can screw up your card doing it yourself! Don't be greedy and look for free advices, get a lawyer!
 
Jackolantern said:
What is the exact reason given in the denial letter? Depending on the reason, it may be better to reapply instead of appeal.
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There is no specific reason stated in the letter. And why do you suggest me reapplying instead of appealing?
For I130 case, if i reapply, it takes another couple of years for the process.
 
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passionatekiss said:
There is no specific reason stated in the letter. And why do you suggest me reapplying instead of appealing?
For I130 case, if i reapply, it takes another couple of years for the process.
Click to expand...
Read it carefully, there should be a reason. Or just post it completely word by word here.
 
I'm sorry. I missed one letter attached in which the reasons are stated.

The reasons given are:

8 CFR 103.2(b)(8)(ii) states in pertinent part:
"Request for evidence.... if all require initial evidence is not submitted with the application or petition or does not demonstrate eligibility, USCIS in its discretion may deny the application or petition for lack of initial evidence or for ineligibility or request that the missing initial evidence be submitted within a specified period of time as determined by USCIS. Additional time may not be granted."

8 CFR 103.2(b)(8)(iii) states in pertinent part:
"Other evidence"... if all required initial evidence has been submitted but the evidence submitted does not establish eligibility, USCIS may: deny the application or petition for ineligibility; request more information or evidence from the applicant or petitioner, to be submitted within a specified period of time as determined by USCIS; or notify the applicant or petitioner of its intent to deny the application or petition and the basis for the proposed denial, and require that the applicant or petitioner submit a response within a specified period of time as determined by USCIS.

8 C.F.R 103.2(b)(11) states:
All evidence submitted in response to a Service request must be submitted at one time.
Click to expand...

So how could I appeal?
In fact, we did not have sufficient time to send the required documents back by the time we received the request letter.
 
passionatekiss said:
I'm sorry. I missed one letter attached in which the reasons are stated.

The reasons given are:

So how could I appeal?
In fact, we did not have sufficient time to send the required documents back by the time we received the request letter.
Click to expand...

Get a lawyer. All that can be told from that excerpt is that you screwed up your application and didn't submit proper evidence. There's not enough information for anyone here to advise you, so get a lawyer ASAP and do it right this time, whether you appeal or reapply.
 
please someone give me a good reason why I need a lawyer.

I did not do anything wrong. I have all the documents they requested for, just that there is no sufficient time. Cant I just write a appeal letter stating the reasons why I failed to send the evidence in time, and send the evidences together with the letter. What would USCIS deny me for?

What is the chance of appeal with lawyer?
 
passionatekiss said:
please someone give me a good reason why I need a lawyer.

I did not do anything wrong. I have all the documents they requested for, just that there is no sufficient time. Cant I just write a appeal letter stating the reasons why I failed to send the evidence in time, and send the evidences together with the letter. What would USCIS deny me for?

What is the chance of appeal with lawyer?
Click to expand...

Do you know how to write an appeal letter? Should you go with any additional form submitted together with it? Do you know where and to whom to write? I personally don't know. And I believe most of people on this forum don't either (as not too many people had this experience). That's why everyone (or almost everyone) here said to get a lawyer, because at least you will NOT make a wrong step, which can cost you a denial.
 
passionatekiss said:
There is no specific reason stated in the letter. And why do you suggest me reapplying instead of appealing?
For I130 case, if i reapply, it takes another couple of years for the process.
Click to expand...
I wasn't suggesting you should reapply, I was asking for the reason for denial in order to figure out if it might be better to reapply. Hence the phrase "Depending on..."

Some types of I-130 are usually completed in less than 6 months. You didn't state the specific category yours was in. And depending on the reason for the denial and the circumstances involved, an appeal might be useless.
 
I'm sorry. I missed one letter attached in which the reasons are stated.

The reasons given are:
8 CFR 103.2(b)(8)(ii) states in pertinent part:
"Request for evidence.... if all require initial evidence is not submitted with the application or petition or does not demonstrate eligibility, USCIS in its discretion may deny the application or petition for lack of initial evidence or for ineligibility or request that the missing initial evidence be submitted within a specified period of time as determined by USCIS. Additional time may not be granted."

8 CFR 103.2(b)(8)(iii) states in pertinent part:
"Other evidence"... if all required initial evidence has been submitted but the evidence submitted does not establish eligibility, USCIS may: deny the application or petition for ineligibility; request more information or evidence from the applicant or petitioner, to be submitted within a specified period of time as determined by USCIS; or notify the applicant or petitioner of its intent to deny the application or petition and the basis for the proposed denial, and require that the applicant or petitioner submit a response within a specified period of time as determined by USCIS.

8 C.F.R 103.2(b)(11) states:
All evidence submitted in response to a Service request must be submitted at one time.
Click to expand...
So how could I appeal?
In fact, we did not have sufficient time to send the required documents back by the time we received the request letter.
Click to expand...

Sorry again! some parts are left to type in:
A review of the record reflects that the petitioner did not initially submit sufficient documentation to establish the claimed relationship as required by federal regulation. Therefore, on Julyl 16, 2009, the USCIS requested the petitioner submit evidence in support of the instant petition.

On September 10, 2009, the petitioner responded with a request for additional time to comply with the abouve referenced request. As of this date, the USCIS has not received the necessary requested evidence to approve the case.

Per 8 C.F.R 103.2 (b) (8) (ii) and 8 C.F.R 103.2(b) (11), additional time may not be granted to respond to a request for evidence and additionally, it is the responsibility of the petitioner to submit all evidence requested by the USCIS at the same time. After review of the entire record, the USCIS concludes that the petitioner has failed to provide the evidence requested in support of the claimed relationship between the petitioner and beneficiary for purposes of immigration. Therefore, the petition is denied.
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The case is: "I-130, Petition for Alien Relative" (ADOPTED CHILD/SON/DAUGHTER OF A U.S CITIZEN OR LAWFUL PERMANENT RESIDENT)
 
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