My case status and ...what to do next?

[satome 0]

Hi VJs,

My case was so hectic...instead of receiving NOIR after case return to USCIS for review, I've received a EOIR-29 (Notice of Appeal to the Board of Immigration Appeals) instead, I was just returned from Vietnam because my wife has given birth to my daughter. I've come to VJ and asked around regarding my rebuttal and thanks you many of you, I have carefully prepared my rebuttal package and sent them right away. In addition, I've also contacted my senators and congressman involved, in March 2011, I received a very bad news from USCIS and their decision was: In Visa Petition Revocation Proceedings(exact words on letter that have a checked box next to it) and my case will be forwarded to the Board of Executive Director for final decision. I was so depressed and also contacted my state's senators and congressman for help but they couldn't get involve. So at this time I was hopeless, I've decided to take my mind of things here and bought plane ticket to visit my wife and daughter in Vietnam.

Then in October 2011, I've received a shocking notice from the Board of Director, it was 2 pages describing about how I didn't receive NOIR/NOID (because they sent it to my representative on March 15,2010) since my representative moved and lost contact, I never received my NOIR/NOID letter and never have a chance to respond and so the Director's decision was sent directly to my address. From the letter: The Board usually does not accept evidence submitted for the first time on appeal, particularly where a petitioner has already been put on notice of a deficiency in the evidence and has been given an opportunity to respond to that deficiency. See Matter of Soriano, 19 I&N Dec. 764 (BIA 1988); see also Matter of Obaigbena, 19 I&N Dec. 533 (BIA 1988). However, given the particular circumstances of this case, we will remand the record to give the Director an opportunity to review the evidence submitted on appeal and issue a new decision. And they've told me a time frame of 60 days for the decision.

So from what I've understand is that they will treat my appeal along with submitted evidences as a NOIR/NOID instead of EOIR-29, and review it. At this point that I was shocked when they mentioned my NOIR/NOID was sent to my representative...Even so, I took a month vacation to Vietnam and visit my family.

Everyday, I went on USCIS.gov to check my case status and surprised to see this:

On December 14, 2011, we mailed you a notice that we have approved this EOIR29 NOTICE OF APPEAL FROM DECISION OF DISTRICT DIRECTOR. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

So what do I do now? I've submitted all my documents and evidences regarding the CO's finding along with my rebuttal package to USCIS. Do I get them back or they will sent the whole thing to NVC or Dept. of State? Right now, I'm just collecting all the chat logs, airline tickets, receipts etc...

Thank you VJ members here and I'm very grateful for all your help.

LimΧ

[luckytxn 2,264]

Have you called the customer service number on that letter?

[satome 0]

Oh I've received the NoA from USCIS yesterday. So should I call NVC/Dept. of State to confirm or USCIS?

[joenlemy 2]

If you recieved the NOA stating your petition has been reaffirmed. It should be on its way to NVC. They will only keep it a short time, and send it to the embassy. The embassy will schedule the appointment this time. They will send you wife a letter( package 3)Your wife will need to do a new DS230 part 1 ,and a DS2001.

[satome 0]

Thanks for the info joenlemy.

So now I will just wait for their notice then.

Have a great holiday and happy new year.

[joenlemy 2]

You can call NVC and ask if they have recieved your petition. Once they recieve it, you can keep track of when they sent it to the consulate. Once the consulate has it you can contact DOS for updates.

Best Of luck to you. and have a happy holiday