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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 99981
Experience:  Private practice in several areas, including immigration
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USCIS sent the withdrawal letter for the i-129f petition.

Customer Question

USCIS sent the withdrawal letter for the i-129f petition. However, it was clearly their error. I called and requested it. They said giving them 30 days to review the file. What could be the possible resolution to this? Thanks
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What do you mean they sent a "withdrawal letter?" What did the letter say? What did you initially file and what are you hoping to achieve here? Please provide a little background, thanks!

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 4 months ago.
we filed I-129f in August 2015. We waited until March 2016. We then sent in the withdrawal letter to withdraw the August 2015. However, they denied that one on March 17th 2016.At the same time, we filed a new I-129f posted March 9th for the same person. ON june 13th, they sent the letter of withdrawal confirming the withdraw of the petition on March 2016.I have called in the asked to have the case processed since this is USCIS error. They asked to give them 30 days to review the file. A few more days when this 30 days is due. We need to know what can be expected at the end of 30 days. Will they approve, deny, or ask for RFE?
Expert:  Ely replied 4 months ago.

" However, they denied that one on March 17th 2016. "

What do you mean that they denied your withdrawal letter? They cannot deny you a withdrawal of an application.

And why did you end up attempting to withdraw, and then, refile on the same person? What was the reason behind that?

Customer: replied 4 months ago.
They denied the August 2015 petition after I had sent in the withdrawal letter on Feb 22, 2016.They used that same letter to withdraw our March 2016 petition.
Customer: replied 4 months ago.
We realized the timing to file i-129f was wrong. It was over 2 years period since last time we met.
Expert:  Ely replied 4 months ago.

Ah, okay. Oops by USCIS, then.

Once the error is understood by USCIS, then they should "undo" their action proceed to process to the I-129(f), ultimately either allowing it, denying it, or sending the RFE if they need more information. But I doubt that there would be an RFE from this mistake alone.

If it makes you feel better, USCIS makes mistakes like these all the time. They will simply process the application as though they did not deny it (by accident) and make their decision then.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 4 months ago.
what will be their response at the end of the 30 day waiting period? We are not sure if we will get a letter stating they will begin to work on our case again and continue to wait? or we will get an update on the case with approval, denial or RFE? Thanks
Expert:  Ely replied 4 months ago.

I am sorry, but I cannot predict what their reply will be. The decision will be based on the merits of the March 2016 application. So in other words once they caught themselves making the mistake, they should simply continue to process the application. Sorry, I cannot predict what USCIS will decide, of course.

"Give us one month" normally means give them one month to review. Either they will (1) make a decision, (2) send and RFE, or, (3) send an I-797 which is a notice that they have reinstated the application but are still considering it, i.e. "we're still working on it."

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.