I-130 DENIED WRONGFULLY

[immish 1]

30 minutes ago, David & Zoila said:

Sometimes you gotta put yourself in the CO's shoes.  The fact that you have a signed delivery receipt proves nothing.  The person signing might have gotten an empty envelope.  What I mean is having someone's signature on something doesn't prove anything other than an envelope was received.  The papers might have been lost in the shuffle.  There are many possibilities.  My advice...just surrender and continue with the process.  Get over the anger.  Get a second job like I did so I could afford the immigration process.  I'm sorry this happened to you but you should just move forward.  Good luck

 

 

wow you got a second job to throw money away?again, wow!! I refuse to do handouts!!! If they're going to deny my case, they better have a good reason, not just because they can and ask me to bring more money! This should never be allowed to happen! What stops them from denying every case and having everyone of us getting second jobs so we can file again just so they can get more money since they are "self" funded? Thanks for your suggestion but I refuse to just throw money away like you. I'll fight this till I get a full explanation of what happened. I have filed a case with  Ombudsman, waiting to see how things go.

[Villanelle 4,121]

So heres the thing In general, USCIS does not refund a fee regardless of the decision on the application unless there is a finding of USCIS error. 

 

So you can file the motion along with your supporting evidence and payment and ask for a fee refund later (or in your packet, but you will probably have to call again and request the refund once its been approved and determined to be their error. I wouldnt count on them processing the refund on their own).

 

Others (for different situations) have had success going to infopass with their motions and having it accepted there with out the fee. These were usually for issues like missing the interview and then denied. In that case it was someone in the local office who actually did the denial so I believe thats why they are able to accept the motion in the office and process it with out the fee. You are at a service center so I do not think this is an option. You can try an infopass though...

 

Finally as stated some have had success with the Obuds. The Obud is just basically a 3rd agency that plays moderator or mediator between the public and USCIS if needed. They may be able to get your motion submitted with out you laying out the fee similiar to how one would go to infopass when its from the local offices actions. They may not.

 

So its up to you what you want to do. You can lay out the money and get it back, or you can attempt to have the Obud or through infopass it accepted with no payment upfront.

 

 Im just more concerned with why you were denied and if it was actually USCIS error. I couldnt really understand your first posting about what the issue was (?) They wanted YOUR birth certificate correct? And you sent them what? 2 affidavits? That may not be acceptable. It depends on where you were born and if records are considered "readily available" from there. If they are then they usually do not accept alt evidence. Can you please elaborate on the issue?

[POA 175]

59 minutes ago, immish said:

Because I said I'll not throw money away like you did, I'll die young? ok ok

 

One thing though that I wished I didn't do though we received a refund is to file a new petition. Wait until Ombudsman received your case and have the decision. USCIS told us that withdrawn petition will not be refunded. We nay have been able to get the refund but that's because the USCIS customer service suggested to request for withdrawal of the second petition but their HEADQUARTERS said it should not be withdrawn as that is automatically ineligible for refund. You got to be careful and attentive on what they tell you so you to fight for this. 

[Ash.1101 1,755]

1 hour ago, Damara said:

 

 

 Im just more concerned with why you were denied and if it was actually USCIS error. I couldnt really understand your first posting about what the issue was (?) They wanted YOUR birth certificate correct? And you sent them what? 2 affidavits? That may not be acceptable. It depends on where you were born and if records are considered "readily available" from there. If they are then they usually do not accept alt evidence. Can you please elaborate on the issue?

I didn't even notice this.

It's possible that they are just ignoring the RFE information because they don't feel it satisfies the RFE, and so they're just denying it because the RFE wasn't satisfied.  The RFE can either not be satisfied because the documents sent weren't good enough, or not satisfied because they didn't receive anything.

Edited January 14, 2017 by Ash.1101

[TBoneTX 43,048]

Two overly heated posts have been removed.  Be patient and kind with one another.

[immish 1]

9 hours ago, Damara said:

So heres the thing In general, USCIS does not refund a fee regardless of the decision on the application unless there is a finding of USCIS error. 

 

So you can file the motion along with your supporting evidence and payment and ask for a fee refund later (or in your packet, but you will probably have to call again and request the refund once its been approved and determined to be their error. I wouldnt count on them processing the refund on their own).

 

Others (for different situations) have had success going to infopass with their motions and having it accepted there with out the fee. These were usually for issues like missing the interview and then denied. In that case it was someone in the local office who actually did the denial so I believe thats why they are able to accept the motion in the office and process it with out the fee. You are at a service center so I do not think this is an option. You can try an infopass though...

 

Finally as stated some have had success with the Obuds. The Obud is just basically a 3rd agency that plays moderator or mediator between the public and USCIS if needed. They may be able to get your motion submitted with out you laying out the fee similiar to how one would go to infopass when its from the local offices actions. They may not.

 

So its up to you what you want to do. You can lay out the money and get it back, or you can attempt to have the Obud or through infopass it accepted with no payment upfront.

 

 Im just more concerned with why you were denied and if it was actually USCIS error. I couldnt really understand your first posting about what the issue was (?) They wanted YOUR birth certificate correct? And you sent them what? 2 affidavits? That may not be acceptable. It depends on where you were born and if records are considered "readily available" from there. If they are then they usually do not accept alt evidence. Can you please elaborate on the issue?

 

 

Sorry for the birth certificate misunderstanding. So when i sent the petition in, I sent a birth certificate with it, but according to them, the birth certificate was issued 3 years after I was born (I hadn't even noticed this about my birth certificate before). 

 

So they gave me a long list of things that I could submit to compensate for the birth cert. Things like early school records, OR church baptism records OR census records, OR AFFIDAVITS from 2 different people who knew about my birth. I went with the 2 affidavits, My denial notice clearly said I was denied for abandonment because I never responded to their RFE which I did. The evidence must not have made its way to the person in charge of my case, I just personally think they should have sent a mail before denial. Personally, I dont think people go through the process of filing a petition and have it abandoned.

[immish 1]

On 1/13/2017 at 1:22 PM, POA said:

 

My case was denied too due to abandonment and we fought for it. We proved it that it was their fault and they re-opened our case for free and refund the second petition that we filed because of their wrongful denial. If you believe and can prove that they wrongfully denied you, you can contact the ombudsman for review. THEY ARE VERY HELPFUL. USCIS on the other hand will try their best to not help you. During our dealings with them, they even told the ombudsman the opposite of what they told us just to show that it was our fault when it was theirs. It would be a long and stressful fight but victory is worth it.

 

Just thought I'd give an update!!! Thanks to everyone that responded with possible solutions. I went ahead and filed with the ombudsman for review. Took them over a month to respond to me. During that time I grew impatient, and contacted my Congressman's office for help. They got in touch with USCIS but they got the usual AUTO message USCIS sends to millions of people. "This case was denied for abandonment, if the petitioner believes this denial is wrong, he can file a motion to reopen the case along with the FEE" bla bla bla!!!!! I thanked my congressman's office for trying.

 

Two weeks later, I finally get an email from Ombudsman that they have contacted the USCIS on my behalf, and would keep me updated. The next day I get another email from them asking me to send in my denial letter and the contents of the RFE which I sent to USCIS. I wasn't sure how to send them, so I responded to the email asking for direction and a HUMAN actually responded to my email! Unlike USCIS, someone responded telling me that I could just scan and attach the documents via email! I did that right away and didn't hear back for another week! However, I checked my case yesterday, and it said my case was reopened! I got an email from the ombudsman office today that a decision had been made on the 27th of February and because of that, my case with them is now closed. So, I went ahead and checked my case again and it was approved!!!

 

I can't imagine how many people have had to pay twice because of a USCIS mix up! As far as I am concerned, this should not be happening, when you make people pay for things then you should be available to give them the best service!!! I know some people see this as some form of benefit, I beg to differ, it is definitely not a benefit to the petitioner. When I pay for something, it is not a benefit, I see my self as a customer and should be treated right. 

 

Thanks again guys, looking forward to the next steps

 

 

Edited March 3, 2017 by immish

[jakelake 222]

I'm not sure that I understand the timeline for your case.

Are you saying that you sent the I-130 in November 2015 and then called USCIS in December 2016?

If you sent your I-130 on November 2016, why would you expect a response by December 2016?
For the most part, people get a NOA2 in 4-6 months.