As regards XXXXX XXXXX I-130 approval, can an appeal be directed to the BIA? If so, what form shall be used. Note that only the USCIS revoked the appoved petition. It is not coming from an immigration judge. Can I use I-129B? Is the fee $630.00? thanks a lot. xxx xxxxxxx
State/Country relating to question: Illinois
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What other info do you need from me to answ. my questions.What appearance form shall I submit, G-28 or EOIR. Note again that the decision did not come from an Immigration judge so it could no not be EOIR. Pls. reply. Thanks
Hello. Sorry for the delay in responding. I was hoping someone else would answer, but since it doesn't look like it, I will give it a try.
Why are you looking to go straight to the BIA?
Why was your I-130 denied?
Why straight to the BIA? I was planning on filing Motion to reconsider/reopen but isn't it said motion can be filed only within 15 days ? My 15 days have elapsed, so I have nochoice but to appeal to BIA. I would prefer the motion to rec./reopenb. Can I still file the motion? The I-130 was denied because USCIS did not believe as to the bona fides of the Marriage. It thinks it is a fraud. If to the BIA, what appeal form shall I use? What appearance form shall use, G-28 or EOIR. I think it could not be EOIR because the revocation was done by the USCIS not by an Immigration Judge. Pls. advise ASAP since time is running out on me.
xxxxxxxx xxxxxxxx xx.
It's actually 30 days. But why do they think it is fraud? Did something happen at the interview? What happened?
sir: Allegedly fraud because the parties did not allegedly establish the viability of the marriage. The petitioner , a natural born USC is in need of dialysis ASAP and it is only the wife who can drive her to dialysis center, the wife has not SSS no. and therefore could not get a driver' license. I was pleading for humanitarian reasons but still USCIS revoked the petition. There is alewady a NTA but no date as to hearing yet. i AM FILING SOMETHING, mo. to repoen or recon or BIA appeal as it appears on the decision revoking the pet. My concerns are: 1) If I file either of the motions (rec. and reopen), the inmstructions on the I129B state that the motions shall be filoed within 15 days from service. It elapsed already. So, I am thinking, I have no other choice buit wityhin trhe 30 day period to appeal to the BIA .
2) If appeal to BIA what form shall I use (appeal form and what appearance form).
What appears on the decision is that the pet. may appeal the matter to the BIA within 30 days, no mention about motions to reopen/recdonsider. But I am chosing to file motion first because the poet. needs im,mediate approval of the I-130 pet so his wife can get a drivir's license. The appeal to the BIA would be very much longer.
Please advise. Thanks
A. xxx xxxxxxxx xx.
Not sure where you are getting the I-129B because it is not easy to find, but look at the I-290B. That is the form that you use to appeal a decision of USCIS. You have 30 days from the date of denial to file that. You would not file with the BIA because the BIA does not have jurisdiction over the case. You can look for the form at www.uscis.gov/forms/. 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. I am not paid a salary. Clicking accept is the only way that I can get paid for helping you. When you click accept, you are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. 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.
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Mr. Senmartin: Regarding the same case. On the Notice of revocation of immigrant petition, the USCIs said: You may appeal this decision, through this office. Appeal in your case may be made to: (1) BIA; (2) AAU. Both within 30 days from service. The checked portion is number (1). I think this is a mistake because it is the USCIS who revoked the petition's approval, not an IJ. So shall I file the appeal to AAU through USCIS - the second option? Shall I file an appeal or a motion for recon. or reopen?
The I-290B instruction says that this form shall be filed within 15 days not 30. Am I out of time now (after 15 days but within 30 days)? Pls. reply ASAP. Thanks.
The case is not closed, so it is not a motion to reopen. It would be an appeal or a motion to reconsider. I think the AAU is the correct way to go.
By the way, here is the link for the I-290B instructions:
It says 30 days. Where you see 15 days is for a REVOCATION. This means that the I-130 was approved and then later the approval was revoked. If you were never approved, but just denied, then it is 30 days, or 33 days if in the mail.
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Sir: The I-130 was previously approved. USCIS revoked it and the I-485 was denied.So, it should be 15 days, right? I already passed the 15 days but stil within 30 days.
Am I in trouble? i will just go ahead and file the mO. TO RECONSIDER or appeal.
The instruction sayd if latre, the mo. MAY be denied. What are my chances for the late filing? I was acting in good faith because of the checked portion - within 30 days.
Then if it was revoked, you are in trouble. You cannot file the I-290B. I think you should just file a new I-130 by itself and try again. Nothing in the law prevents that and it would be cheaper and faster. Unfortunately, I am signing off for now and will not be able to answer your questions until I get back. Please let me know if you have any additional questions and please do not forget to click accept. Thank you.
Counsel: Your opinion is excellent. However, do you think I can just go ahead with the motion to reopen/reconsider and take my chance? If denied, then that will be the time for me to file I-130 by itself?Pls. reply by 2:00 PM ofTues. Thanks. JJ
Yes, you can file again after if it is denied. Just trying to save you time and money because an appeal can take a very long time.
Sir: I agree with you that filing an appeal will take time. However, if I refile the I-130 by itself without the I-485, and if the I-130 is approved, since there is an NTA already, can I just file the I-485 with the judge? Are you aware of the fastest way to have the beneficiary get an SSnumber, so she can drive the petitioner to the dialysis center. He is now badly in need of dialysis treatment. Without dialysis, he might die. There is really extreme hardship and humanitarian reasons. Since they are financially in trouble now, can she work so she can help her husband.
You will need the I-130 filed and approved before the judge will allow you to file the I-485. She can ask that the I-130 and everything else be expedited because of that reason, but there is no guarantee that they will do it. Here is a link:
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