I-130 got denied

[Mariane 1]

Hi all,

 

I just want to share a story and see if anyone here has the same situation as my brother.

 

Our dad petitioned my brother who was 20 yrs old at the time (1998). Our dad relocated a lot and was not able to update his mailing address at USCIS. My brother's case was denied in year 2004. My question is, is it too late to file an appeal for his case? If we are to file again, it will take at least 15-10 years before his priority date becomes current even though he is not yet married and my dad is a US citizen. 

 

PS: My brother is in the Philippines and still not married but lives with his long time gf together with their 13 years old son.

[geowrian 22,335]

What would be the basis for appeal? What mistake was made by USCIS? Without a compelling reason to re-open after so long, I highly doubt they will do so.

[Mariane 1]

@geowrian

 

Well, USCIS asked for more supporting documents for a benefit that my brother can get (I'm guessing it's the CSPA law) and since my dad relocated a lot, he did not get any of the letters that USCIS sent. Thus, USCIS denied his case.

[geowrian 22,335]

Just now, Mariane said:

Well, USCIS asked for more supporting documents for a benefit that my brother can get (I'm guessing it's the CSPA law) and since my dad relocated a lot, he did not get any of the letters that USCIS sent. Thus, USCIS denied his case.

Alright. I think it would be very tough to show that USCIS incorrectly denied the case at this point - he would basically need to show that either USCIS didn't send the letter(s) or sent them to the wrong address (and that his correct address was on file).

[Mariane 1]

Thanks @geowrian

 

At the time, our dad filed for my sister and my brother. Luckily, my sister's case went to NVC and was on F1 at first but then became IR2 after the CSPA law was passed. I just don't understand why my brother's did not make it to NVC. Per Uscis status check, his case was approved on Nov 1998.

[NigeriaorBust 4,087]

  It was your fathers responsibility to update his address each time he moved.  He failed to do so .  USCIS is not to blame for your father not caring enough to keep his correct address on file.

[aleful 1,905]

hi

 

sorry but it's your dad's fault, he is supposed to keep his address up to date, especially when you have a case pending

 

there is no basis for an appeal immigration didn't do anything wrong, plus usually immigration give you time to appeal.

 

a new petition must be filed.

[aleful 1,905]

he should have been on top of your brother's case, call the uscis, office, call the nvc

 

if needed be, file the i824 to transfer the i130 to the nvc

[Mariane 1]

@aleful @NigeriaorBust

 

Thanks for the response! I was just hoping that I can find someone here with the same situation. I'm not sure if dad will file again since my brother is now happily contented. We are just hoping that he can join us here. 

[Springrain22 427]

9 hours ago, Mariane said:

@geowrian

 

Well, USCIS asked for more supporting documents for a benefit that my brother can get (I'm guessing it's the CSPA law) and since my dad relocated a lot, he did not get any of the letters that USCIS sent. Thus, USCIS denied his case.

This is your dad's fault, not USCIS.

[Yeonin 127]

Mannnn  would all the people that respond with it's her dad's fault just quit, she only asked for similar experiences and guidance . I'm pretty sure they know that there's been a level of neglect. Please if anyone knows how, please provide guidance instead of acting like she's on jury trial. Didn't we all need guidance & support at one point?

 

@Mariane good luck, I hope someone can be of better help or else I advise you to have your dad seek legal help. Stay blessed. 

[geowrian 22,335]

3 minutes ago, Yeonin said:

Mannnn  would all the people that respond with it's her dad's fault just quit, she only asked for similar experiences and guidance . I'm pretty sure they know that there's been a level of neglect. Please if anyone knows how, please provide guidance instead of acting like she's on jury trial. Didn't we all need guidance & support at one point?

It's against the VJ TOS to tell members not to respond.

 

I can't and won't speak for others, but the advice I've provided is that if she wants to appeal then she needs to show that the case was denied due to a mistake by USCIS. Given the information provided, it doesn't sound like it was mistakenly denied...and even if it was, it's been too long to prove it. An MTR would be a waste of the $675 fee. A new petition is recommended.

[Yeonin 127]

21 minutes ago, geowrian said:

It's against the VJ TOS to tell members not to respond.

 

I can't and won't speak for others, but the advice I've provided is that if she wants to appeal then she needs to show that the case was denied due to a mistake by USCIS. Given the information provided, it doesn't sound like it was mistakenly denied...and even if it was, it's been too long to prove it. An MTR would be a waste of the $675 fee. A new petition is recommended.

I follow rules very well and if you read well I was aiming at the pointing out there was fault, I did not tell anyone not to respond, so just park it right there. People learn more from being positively approached then trying to point out the negative. And mind you  I don't need advise, so spare me your sermon. I am myself a legal aid, always trying to enlighten or educate others that's what I went into law for. If you provided advise good for you, i didn't comment of those that provided advise. Have a good day. 

[geowrian 22,335]

1 minute ago, Yeonin said:

I follow rules very well and if you read well I was aiming at the pointing out there was fault, I did not tell anyone not to respond, so just park it right there. People learn more from being positively approached then trying to point out the negative. And mind you  I don't need advise, so spare me your sermon. I am myself a legal aid, always trying to enlighten or educate others that's what I went into law for. If you provided advise good for you, i didn't comment of those that provided advise. Have a good day. 

"...would all the people that respond with it's her dad's fault just quit"

 

I reiterated my advice to the OP. No sermon there, and definitely nothing directed towards you. I'm not sure what the hostility is for.

[Shauneg 762]

1 hour ago, Yeonin said:

Mannnn  would all the people that respond with it's her dad's fault just quit, she only asked for similar experiences and guidance . I'm pretty sure they know that there's been a level of neglect. Please if anyone knows how, please provide guidance instead of acting like she's on jury trial. Didn't we all need guidance & support at one point?

 

@Mariane good luck, I hope someone can be of better help or else I advise you to have your dad seek legal help. Stay blessed. 

Nope, I didn't...

 

Can I say it's her dad's fault?