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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4332
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I would like to get the answer on my case, as follow: 0)

Customer Question

Hi,
I would like to get the answer on my case, as follow:
0) I moved to Ridgecrest CA on December 28, 2013 and only had my mails forward to the end of June.
1) The petition I-130 was sent to me back in November 2014, requested for the additional information to provide evidence to establish the relationship with my sister. In this request, the USCIS gave me 84 days to provide the evidence.
2) In March 25, 2015, USCIS sent me letter of deny or notice of decision of deny of the petiton on the ground that I didnot respond to the item 1) above. They gave me 30 to file a motion to reopen the case.
3) Both items 1 and 2 were in the big pile of mails that were discovered from my home visit at the end of April 2015.
4) Upon opening items 1) and 2) leters, I discovered that the time already passed for submitting the additional information, as well as to file a motion, b/c I did not know the items 1) and 2) existed for me.
5) I then sent a letter to apologize to USCIS and called to see what I can do to reopen the case. They informed me that since the second letter in item 2) has passed the time limit of 30 days, they do not accept any motion to file and I have to resubmit the new petition for my sister.
6) My question is, is there anyway to file a motion to reopen this case due to my not knowing the requests from the USCIS?
Your help is greatly appreciated. I can be reached at(###) ###-####
Victor Vu
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 2 years ago.
Hello, my name is ***** ***** I will be the attorney helping you today.
Unfortunately I don't think that I'm going to have very good news for you with this question. I hope you can understand that I don't make the law and I am only here to explaint he law to you. I also cannot change it. Hope you can rate me based on the quality of my service and not whether I have good or bad news.
Once the time has lapsed for the Motion to Reopen to be filed, is if you had an attorney and you beleive that the attorney did not act in your best interest or made a grave error. If that is the case, you can try to have the petition reopened based on Matter of Lozada where you basically file a complaint against your previous attorney. You can read more here http://www.asistahelp.org/documents/resources/Arguing_Ineffecctive_Assistance_of__6F1DEECB743D7.pdf
However, if this had nothing to do with an attorney, then you could not use this. There is no other motion to reopen based only on the fact that you did not know about the requests from USCIS. In your case, unfortunately your only option is to re-file the I-130 petition.
I'm so sorry to tell you that. I wish I had better news.
Good luck to you during this process and I hope this answer has helped you!
Please kindly remember to issue a POSITIVE RATING now before you leave this page by choosing the Happy faces. This is very important since it is how I receive credit for my service from what you paid.
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Expert:  Jen Marie, Esq. replied 2 years ago.
Hello again Victor:
I see that you were able to view my answer today but you did not respond.
Is there any other question I can answer for you ? I want to make sure you are satisfied.
Also I kindly request that you please leave a positive rating when you have a chance. This is the only way that I receive credit from what you already paid.
Thanks!
Expert:  Jen Marie, Esq. replied 2 years ago.
Hello again Victor:
Have you been able to read my last message?

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