USCIS Revoke a mistake?

[trini_prince 0]

I will like to know if my mother's i-130 can be reopened.

Based on an update from an administrative error service request sent out April 10th, 2015, it states her petition was revoked because NVC recieved a letter withdrawing the petition which she never did. USCIS seems to had never check the name and signature from the letter. They only admitted the reason for the revocation after repeated service request and calls.

What happened was I who is the beneficiary, mistakenly got bad advice and sent a letter to NVC asking them to temporarily withdraw the petition thinking it was needed to apply for a non immigrant visa. I was 17 at the time and the case was already at the National Visa Canter since they sent out forms to me. I only returned the choice of agent. I at the moment as well wasn’t ready to migrate. Did not know i could have just kept contacting NVC once a year.

Correct me if I am wrong, Under US Law, only a petitioner can withdraw an approved I-130. My mom never sent any withdrawal letter. USCIS was supposed to look at this upon the receipt of the petition returned to them from the National Visa Canter and issue a NOIR. She never got any. The case status online was and still stuck on September 2007, the Department of State sent us your case, Receipt Number EACxxxxxxx, for review. We are reviewing it, and will notify you by mail when we are done.

I am now over 21, 27 to be exact and still unmarried. My mom had filed for me in 2002 when she was an LPR and priority date had come current in 2005. After repeated service request at USCIS, they eventually admitted as to the reason why the case was revoked which wasin 2009. And no, my step father did not include me as a derivative beneficiary since they may have had no understanding of immigration law and those terms. She is now a US citizen.

Can this I-130 be reopened? If she refiles, it means having a new priority date and waiting years. Since finding out the reason for Revocation and no Notice of Intent to Revoke was ever sent, she has just opened a case with the USCIS ombudsman office and awaiting their response.

I can let her refile, but I read under immigration law, only if a petition was not revoked, then a priority date can be recaptured. Is this a USCIS error for not checking to see who sent a withdrawal letter? What are my options?

[apple21 953]

Your case died on its own.

Your mom has to file a new i130. Sorry.

[trini_prince 0]

Are you sure it died. Remember, it was returned upon the letter form myself who is the benficiary. It was not abandoned. I contacted NVC who said it was simply returned to NVC. I can understand if it was terminated for failure to apply under the one year limit. Under law, even on some US embassy websites I read, only the petitioner can withdraw a case. I as the beneficiary mistakely sent it. She never got any NOIR (Notice of Intent to Revoke). Think about it like this way, what if smeone forged a letter and sent to NVC using my name and information, upon reciept form NVC, they are suppose to issue you a NOIR to the petitoner. Guess we will have to awaite the Ombudsman reponse. Clearly I see no where on any site or forum where a beneficiairy can withdraw. Only a petioner. Anyone, can add to this.

Edited April 20, 2015 by trini_prince

[Hypnos 6,576]

You are correct. Only the petitioner can withdraw an application.

[trini_prince 0]

I agree, since for the past two years, my mom have been trying to get this case push foward. Over 5 service requests and one administrator error request took us to find out the case was revoked. Sadly, uscis in their own detailed letter, never said a NOIR was sent. Only that NVC recieved a withdrawal request and returned it for revocation. So who ever immigrant worker got the petition, may have never took time to see who the letter came from. Like I said, we have reported to the Ombudsman. We are also awaithing USCIS response to a servide request whwre my mother stated to them that the letter never came from her and she wants the case reoprned and sent to NVC. I will waite and see. USCIS have made errors in the past on other petitons that got reopened because of errors.

[trini_prince 0]

BUMP

[trini_prince 0]

Can anyone add to this USCIS reply.

After another service request in reply to USCIS that they revoked the petiton in 2009 because of a withdrawal request, she stated in the service request done online that she never sent a withdrawal letter and that USCIS needs to check the signature and who worte the letter. She then said that she never sent any withdrawal request and that her son which is I who is the beneficiary mistakingly sent a withdrawal letter thinking it was needed to apply for a non immigrant visa and that under US Law, only a petitioner can withdraw an immigrant petition. This is true, because from what I read, the only grounds for automatic revocation concerning a withdrawal request must come from the petitioner. Anyway, below is what they stated in their reply to the service rquest:

U.S. Department of Homeland Security
VERMONT SERVICE CENTER
75 LOWER WELDEN STREET
SAINT ALBANS,VT 05479

U.S. Citizenship and Immigration Services
Friday, April 24, 2015

Emailed to XXXXX@YAHOO.COM

Dear XXXXXXXX:

On 04/14/2015 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:

Caller indicated they are:
-- Applicant or Petitioner

Attorney Name:
-- Information not available

Case type:
-- I130

Filing date:
-- 05/17/2002

Receipt #:
-- EAC-XX-XXX-XXXXX

Referral ID:
SRXXXXXXXXXXXXVSC
Beneficiary (if you filed for someone else):
-- Information not available

Your USCIS Account Number (A-number):
-- Information not available

Type of service requested:
-- Outside Normal Processing Times


The status of this service request is:

We are sending your case for review. It is not necessary to submit multiple requests for corrective action. Your request for a review of this application or petition will be completed as quickly as our resources allow. Please allow a minimum of 60 days for this office to request, receive and review the file.

Does this mean they have finally decided to review the case?? Anyone???

[trini_prince 0]

Bump

[Hypnos 6,576]

As stated, wait for them to complete their review; hopefully they will see that they ###### up.

[Ryan H 3,790]

***Duplicate thread removed; do not start multiple threads on the same subject.***

[trini_prince 0]

In case anyone goes trough this. My mother eventually wrote to USCIS via email attaching a letter and within 3 weeks, the case was reopened and I got to keep my original priority date, It wAs then sent to NVC.

[trini_prince 0]

Your case died on its own.

Your mom has to file a new i130. Sorry.

YOU were wrong!! They reopened the petition eventually after sending letter with attachments in email to VSC.

[Darnell 8,478]

hey - coolness ! Congratulations ! Whatcha cooking, to celebrate ?

Good Luck, and GodSpeed with the NVC Doc Intake !