"When a petition is filed to classify a beneficiary as a parent under section 201 ((2)(A)(i) of the Act, the petitioner must establish that he/she once qualified as the beneficiary's child as defined in section 101 ( (1) of the Immigration and Nationality Act".

"section 101 ( says:

(1) the term child means an unmarried person under twenty-one years of age who is a child born wedlock"

Should I be under age?? I am 28-years old, so I can't apply for my mother??? Then, they said:

"the petitioner has not submitted sufficient documentary evidence to establish the claimed relashionship. As such the petitioner has failed to qualify the beneficiary for classification as a parent within the meaning of section 201 ( (2)(A)(i). Therefore, the petition was denied.



They said I can appeal. But WHAT SHOULD I DO???

Please clarify, are you the parent or child?

A parent who holds a green card can petition for a child.

But a son or daughter who wants to petition to bring a parent to the USA needs to first be a Citizen of the USA (Naturalize), a green-card holder cannot petition to bring a parent to the USA. Also a US Citizen cannot petition for an in-law.

Is the same procedure as if bringing a brother or sister to the USA only a parent has first preference.

See guides for siblings:

http://www.visajourney.com/forums/index.ph...&page=ussib
http://www.visajourney.com/forums/index.ph...p;page=ussibpet

I am a U.S citizen, child!!!!!!!!!!!!!!!!!!!!

Do you have a birth certificate showing your parent on it?

Sounds like they are saying you did show show the evidence they needed to see to prove the relationship of child and mother. What evidence did you submit? Was there some disconnect in the documents linking you to her. I would assume your birth certificate would have her name listted as your mother.

I did send my birth certificate. My mother's name is there The prolem is that in the birth certificate it shows her married name. Now, my mother uses her maiden name. But I also sent a copy of a document showing that she has changed her name.

I think they didn't read all the documents....


how long it takes an appeal?

Thank you!

Hi,

do you know what this means?:

"the term child means an unmarried person under twenty-one years of age ". If am not under 21 , can I still apply? If so, why do they say this

You have to be over 21 to sponsor a parent.

I am 28




I know what happened.

They asked my birth certificate as additional evidence and my husband sent my mother's birth certificate instead. I was terrified yesterday and didn’t read everything.
They denied because we sent the wrong birth certificate.


It was a terrible error!!!
We are appealing.
Does anyone know how long it will take?

Probably better to start again.

What birth certificate did you send?

I think she send her Mom Birth Certificate.

I sent my mother's birth certificate instead.
They asked the petitioner's birth certificate not the beneficiary. My husband got confused and thought my mother was the petitioner! I was in Brazil when all this happened.

I'd call USCIS 800 number and explained the sutustion you have. You should be eligible to reopen the case with $110 fee. Good luck!

Is this a joke?

But the good news is that the denial was based on not having the correct evidence and you can fix this- either with an appeal or refiling. Hang in there and good luck!

For the first time ever, an immigrant takes full responsibility for his/her own mistake.



And your parents were?

Umm . . . how 'bout cause she was NOT there. She said she was in Brazil when all of it happened.

The OP's home country is Brasil.

The OP was in Brasil when all of this happened.

The OPs parents had to be in some other country then.

Her husband sent it - she was not with him. Sure looks her husband was in the US and she was in Brazil.

See How do I appeal the denial of my petition or application You will also find two links in the top right corner that pertain to appeals.

All the best to you and I hope you can get this back on track soon.

ahem...

Why would "lipslikesugar" (I wonder what she means by that), a USC herself, have her husband, also a USC, take care of the paperwork?

because that is how they did it... what is wrong with him doing it? she was out of the country and he just did it for her...

and it doesn't say anywhere on this thread that her husband is a USC.. unless she mentions it somewhere else...

Even less of a reason for her to let him do her mother's paperwork!

Oh yeah, btw, I ran into Santa Claus last night.

I think you'd be spinning your wheels in an appeal and it would be quite lengthly until it was settled... I would just refile again with the correct documentation...

[Last week I got another notice.
It said my father's petition was DENIED due to abandonment of the case.
They said they didn't receive the birth certificate at all and I can't appeal.




I went to a local office (USCIS) and they told me it was an error. They sent a notice asking for more evidences on 09/11 and DENIED the case 09/21. (I had 90 days to submit the birth certificate).

Now, I have to wait....

---
What Are the Processing Times on I-130 Appeals ?

Again.. I think you'd be wasting your time and energy with an appeal. There is nothing preventing you from filing the I-130 again with the correct documentation.

Why you said that? it takes that long???

I am contacting the senator!

you would be much faster just starting again..... sad but true..

Hope you get it all sorted out..

I was told by an immigration officer that it should not take more than 30 days

Approval notice sent (I-130 )



Both, my father's and my mother's application were approved!!!!!!!!!

it was the senator's help!!!!!

I am soooooooo happy!!!!!!!

thank you God!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Congratulations on the approval

Congratulations..... I am glad it worked out ok for you all....

Kez