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Mazaq

I-130 denied, appeal underway

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Hi,

I submitted an I-130 for my mother to immigrate to the US last year. I received a RFE and due to the wars in my country (Liberia) I had lost all other documentary evidence that I would have used to verify the relationship between my mother and I, so I opted to submit DNA evidence as was stated in the instructions from USCIS.

I requested the DNA test but due to the Ebola outbreak in West Africa at the time of the submission, all DNA testing at the US Embassy in Monrovia was suspended for fear that the DNA samples being sent back to the US might contain the Ebola virus. I informed USCIS of the suspension of DNA testing at the embassy and tried to submit affidavits. On April 1, 2015, I got a denial letter with the option to appeal the denial within 30 days. Luckily DNA testing had resumed at the Embassy in Monrovia on February 16, 2015. My mother was able to have her DNA sample taken on April 23, 2015 and the sample is being sent to the lab here in the US. I appealed the decision of USCIS on April 28. The DNA Labs here in the US usually send the results directly to USCIS.

My question is that will USCIS receive/accept this evidence while my appeal is going on or should I have the lab send the results to me and then include it in my documentary evidence when I submit my brief later next week.

Thanks!

Mazaq

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As far as I know, the appeal will need to be dealt with before you can submit more evidence.,


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Usually to win an appeal you need to show that USCIS' decision was flawed, and they made an administrative error or an error in law. It looks like you were properly denied (they did not believe your evidence as credible), and so I suspect your appeal will be denied.

You can then re-file the I-130, this time including the DNA evidence.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Thank you Queen Penguin and Hypnos for your good responses. @Hypnos, I wanted to avoid paying the application fee of $430 all over again. The decision was made without prejudice and I know I can re-apply.

My appeal is based on the fact that I paid for the DNA test but it was the US Government's action through the embassy in Monrovia that prevented the DNA sample from being taken. My failure to include the DNA results is through no fault of mine and the officer making the decision should have taken the extraneous situation into account by either extending the evidence collection window, giving greater weight to other evidence (affidavits) that I provided or providing some other alternative. This denial decision is causing undue hardship to me. I provided evidence that the DNA test was paid for and that the Embassy was the one preventing the test from being taken.

If I loose the appeal, I'll just follow your advice and include the DNA evidence in another filing of a new I-130. The immigration law is meant to prevent fraud and not create undue burden to applicants. The decision made by this USCIS officer ignored the ramifications of said decision.

In my opinion this decision is flawed! Don't penalize me for what you are controlling.

These are my thoughts!

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Certainly you can appeal, but I would not be overly hopeful. It may ultimately work against you time-wise, as it will likely be several months for the appeal to be considered. I've actually read of cases where it took about a year for the appeal to be processed, and most appeals are denied.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Its up to you to decide to re-fiie or appeal (appeal may take time)

however the burden is on you to prove that's your mom, but do not

take the evidence in your possession have it send to USCIS, also

that was not your fault you should maybe ask a good immigration

atty about choices

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So I actually chose to appeal the decision to deny my case since it was not my fault the dna evidence was delayed by the embassy in Monrovia. About a couple of months after filling the appeal with uscis, the embassy resumed dna testing in Monrovia and my mother was able to be tested. I had the results sent to USCIS. USCIS received the results, re-opened the case on their own volition and changed their original decision from denied to approved. My Mother is now in the process of immigrating to the US. The appeal kept my case open and allow additional time for the dna results to come in.

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