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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106313
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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The I-130 got denied and we submitted a Notice of Appeal (EOIR-29)

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The I-130 got denied and we submitted a Notice of Appeal (EOIR-29) to the local USCIS Center that issued a denial as was instructed. But now we finish supporting statement for the Appeal, do we need to send it also to the local USCIS Center that denied the petition or do we send it directly to BIA? Also can I submit copies of supporting documents with the supporting statement?

USCIS made the denial, so you need to send it to the USCIS office that made the denial. It is difficult to understand because it is not explained very well, so I had some difficulty myself when I recently had to do the same thing for a client of mine, but the BIA did not make the decision on the case, so the appeal goes to the USCIS office issuing the decision. And yes, it is better if you submit everything with the appeal. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge, if not, please do not forget to click accept or I do not get credit for my assistance to you. You are not charged again. If you would like to request me in the future, just put my name on the subject line. Positive feedback for my service to you (not the state of the law as it is) is always appreciated as well as any bonus if you think I deserve it. Thank you.

Customer: replied 6 years ago.
Thank you, XXXXX XXXXX by far the best attorney I've talked on this website! I really appreciate your input! I want to make one more clarification, can we submit it in a form of supporting statement or do we need to make it look like a brief (with 2 spaces, names of the parties, etc.), also the denial said that we can submit the EOIR-29 within 30 after the denial, which we did and the supporting statement within 30 days after filing the appeal. Is that correct? Also according to instructions we have to submit one copy our the supporting statement to the opposing councel - do we need to send copy of the statement only or copies of the supporting documents as well? And finally do we need to send them (USCIS) extra copy for them to time stamp it and return back to us?

I just noticed that you have 4 asked questions and no accepts. Remember that we experts only get paid if you click accept and they only pay us from the money that you already deposited so you are not charged again. So please do not forget to click accept.

 

As to your question, I would have sent everything with the EOIR-29 but it is too late for that but yes, just follow the instructions and if the instructions allow you 30 days after filing the EOIR-29, then follow those instructions. As far as the format of the statement, I would make it look like a brief and make it easy to read as well, double spaced, etc. In this case there isn't an opposing party other than USCIS. So you just send a copy to USCIS and yes, you should send a copy to be stamped in and sent back to you as proof that you filed it. You would need to include a self-addressed stamped envelope for that. Normally I take it in person to the local USCIS office and stamp it in at the window. Please let me know if you have any additional questions. Thank you.

Is there anything else that I can do for you? If not, please do not forget to click accept so that I can get credit for my assistance to you. You are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!
Customer: replied 6 years ago.
So let me make it clear, I have to send an original and two copies of the supporting statement to the USCIS, one copy for them as for the oposing party and another copy for them to time stamp it?
Really it is just an original and a copy. There is no opposing party other than them at the moment. That more deals with IF it were before the BIA (which it is not), the BIA gets a copy, the Service (USCIS) gets a copy because they are the opposing party, and you would send a copy (to each, actually) so that you get the stamped copy back. Sometimes I explain too much. Just send the original and a copy for them to stamp and send back to you in a self-addressed stamped envelope. It also doesn't matter if you send an original and two copies. So don't worry about sending too much. Just worry about not sending enough.
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