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mfmukhtar786

Notice of Decision: Petition Denied Due to Abandonment

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Hello,

I am writing this on behalf of my Mom. She is a US Citizen and had petitioned for a visa for her sister. USCIS sent her a letter asking for additional evidence, the marriage certificate of my mom's parents. Thinking this had been a mistake or that it had nothing to do with her sisters case, the documents were never sent to USCIS. Yesterday, she received a letter of denial due to abandonment. The letter states that the case has been abandoned and that the decision cannot be be appealed.

However, it does say that we can file a motion to reopen in accordance with title 8. The motion has to meet one of the following three categories:

1. The requested evidence was not material to the issue of eligibility;

2. The required initial evidence was submitted with the application or petition, or the request for initial evidence or additional information or appearance was complied with during the allotted period; or

3. The request for addional information or appearance was sent to an address other than that on the application.

Clearly, 2 and 3 are not the case. My question is, can I file a motion to reopen the case because I feel the requested evidence was not material to the issue of eligibility. I am not certain why USCIS asked for a marriage certificate of my mom's parents for a petition concerning her sister.

Please, I can use any help from someone familiar with this. Thank you so much.

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If they were half sisters, no. If they weren't, yes.


:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

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I sorry, I'm a little confused. They are not half sisters. Does that mean I can file the motion to reopen the case?

According to USCIS requirements I don't think they had to ask for the marriage certificate either... so I would consider filing the motion to reopen.. It takes so long to go through this process that I think it would be worth a try.

http://www.uscis.gov/family/family-us-citizens/siblings/bringing-siblings-live-united-states-permanent-residents


:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

event.png

event.png

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According to USCIS requirements I don't think they had to ask for the marriage certificate either... so I would consider filing the motion to reopen.. It takes so long to go through this process that I think it would be worth a try.

http://www.uscis.gov/family/family-us-citizens/siblings/bringing-siblings-live-united-states-permanent-residents

Thank you so much, I will go ahead and file it today.

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Not quite - parents' marriage certificate shows familial relationship between sisters (same parents) in certain cases not clearly obvious from birth certificates. From I-130 instructions:

5.
A Brother or sister:
Submit a copy of your birthcertificate and a copy of your brother's or sister's birth certificate showing that you have at least one common parent. If you and your brother or sister have a common father but different mothers, submit copies of the marriage certificates of the father to each mother and copies of documents showing that any prior marriages of either your father or mothers were legally terminated. If you and your brother or sister are related through adoption or through a stepparent, or if you have a common father and either of you were not legitimated before your 18th birthday, see also numbers 8 and 9 below.
Edited by milimelo

Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Not quite - parents' marriage certificate shows familial relationship between sisters (same parents) in certain cases not clearly obvious from birth certificates. From I-130 instructions:

5.
A Brother or sister:
Submit a copy of your birthcertificate and a copy of your brother's or sister's birth certificate showing that you have at least one common parent. If you and your brother or sister have a common father but different mothers, submit copies of the marriage certificates of the father to each mother and copies of documents showing that any prior marriages of either your father or mothers were legally terminated. If you and your brother or sister are related through adoption or through a stepparent, or if you have a common father and either of you were not legitimated before your 18th birthday, see also numbers 8 and 9 below.

This should help my case they both have the same father and mother. I don't see why USCIS would need the parent's marriage certificates since both their names are on the birth certificates of both sisters already.

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