I130 Case Denied after sending RFE | f2a & f2b, now appealing (merged)

[Going through 5,668]

1 hour ago, Nitas_man said:

The letter says a new petition is required.

 

This decision is based on the evidence you provided, and there is no opportunity to provide any new evidence.

 

My view:  You are wasting money and time filing an appeal here.

Many here advised refiling with the new DNA test as the better option to an appeal. 

 

OP's choice, though, of course.  He's already said money is no object, so paying new filing fees later on shouldn't be any problem if the appeal is denied.

 

On 11/27/2019 at 11:47 AM, Rasel_Cool said:

DNA sample delivered today

Just to clarify---All DNA tests have been completed and submitted , or just the one by your father in the US?

 

11 minutes ago, Rasel_Cool said:

The letter says if u disgree with the decision and more additional evidence that show the decision is incorrect u may appeal within 30 days.dont know where u saw the letter says u need a new petition. Weird  

As mentioned on Page 1 of this thread, an appeal is generally successful only if the applicant can prove that the decision was incorrect based on the evidence provided at the time of filing.  That's basically what the denial letter means when it states "if  you have additional evidence that shows THIS decision is incorrect.  USCIS was correct in denying the application based on the evidence they received at the time.  Appeals are generally not based on new evidence submitted entirely, but rather evidence showing the original submission was complete in all evidence sent and garnered an approval.  The original submission, based on the letter you received, was not complete in evidence/the evidence was not sustainable to the benefit sought....that's why many of us suggested that it was better to refile, in this instance.

 

Keep us updated on how it goes.

 

 

Edited November 29, 2019 by Going through

[Rasel_Cool 22]

5 minutes ago, Going through said:

Many here advised refiling with the new DNA test as the better option to an appeal. 

 

OP's choice, though, of course.  He's already said money is no object, so paying new filing fees later on shouldn't be any problem if the appeal is denied.

 

Just to clarify---All DNA tests have been completed and submitted , or just the one by your father in the US?

 

As mentioned on Page 1 of this thread, an appeal is generally successful only if the applicant can prove that the decision was incorrect based on the evidence provided at the time of filing.  That's basically what the denial letter means when it states "if  you have additional evidence that shows THIS decision is incorrect.  USCIS was correct in denying the application based on the evidence they received at the time.  Appeals are generally not based on new evidence submitted entirely, but rather evidence showing the original submission was complete in all evidence sent and garnered an approval.  The original submission, based on the letter you received, was not complete in evidence/the evidence was not sustainable to the benefit sought....that's why many of us suggested that it was better to refile, in this instance.

 

Keep us updated on how it goes.

 

 

Btw USICS review the appeal first  for 2 months and they can approve if they think everything alright.otherwise they forward to BIA. 

 

All dna test sample submitted. Imean everyone is done. 

 

We are gonna win Hopefully. We have provided almost 6 Additional documents. All of them are strong. It will be tough for atleast USICS to deny

[Nitas_man 3,100]

13 hours ago, Rasel_Cool said:

The letter says if u disgree with the decision and more additional evidence that show the decision is incorrect u may appeal within 30 days.dont know where u saw the letter says u need a new petition. Weird  

You see what Geo posted?  You have to prove they made an incorrect decision based on the evidence you presented.

They aren’t asking for more evidence here.  Either way good luck.  Your lawyer is terrible.  The time to make a “strong case” is when you are afforded the opportunity to present new evidence.  Instead he / she put together a weak case and got you officially and thoroughly denied.  Two whole pages of denied.

Edited November 29, 2019 by Nitas_man

[Rasel_Cool 22]

6 hours ago, Nitas_man said:

You see what Geo posted?  You have to prove they made an incorrect decision based on the evidence you presented.

They aren’t asking for more evidence here.  Either way good luck.  Your lawyer is terrible.  The time to make a “strong case” is when you are afforded the opportunity to present new evidence.  Instead he / she put together a weak case and got you officially and thoroughly denied.  Two whole pages of denied.

Changed the old lawyer already.

 

Tired  of replying same thing again and again. USICS will review the appeal for 2 months and then will forward to BIA. We have done DNA with additional 6 more evidence. Lets see what comes out. 

 

We couldhv refile again but we will wait for the appeal reply. If denied we will refile again 

[Rasel_Cool 22]

can someone read this PDF file and explain what it is trying to say. I am not a man of law its getting difficult for me to understand . SO please can u tell what exactly It is trying to say about new evidence ?

2015,0303-Whalen.pdf

[Rasel_Cool 22]

9 hours ago, Rasel_Cool said:

Changed the old lawyer already.

 

Tired  of replying same thing again and again. USICS will review the appeal for 2 months and then will forward to BIA. We have done DNA with additional 6 more evidence. Lets see what comes out. 

 

We couldhv refile again but we will wait for the appeal reply. If denied we will refile again 

What does it says? Could u pls explain in short? 

[Rasel_Cool 22]

16 hours ago, Nitas_man said:

You see what Geo posted?  You have to prove they made an incorrect decision based on the evidence you presented.

They aren’t asking for more evidence here.  Either way good luck.  Your lawyer is terrible.  The time to make a “strong case” is when you are afforded the opportunity to present new evidence.  Instead he / she put together a weak case and got you officially and thoroughly denied.  Two whole pages of denied.

 

On 11/29/2019 at 3:03 PM, Going through said:

Many here advised refiling with the new DNA test as the better option to an appeal. 

 

OP's choice, though, of course.  He's already said money is no object, so paying new filing fees later on shouldn't be any problem if the appeal is denied.

 

Just to clarify---All DNA tests have been completed and submitted , or just the one by your father in the US?

 

As mentioned on Page 1 of this thread, an appeal is generally successful only if the applicant can prove that the decision was incorrect based on the evidence provided at the time of filing.  That's basically what the denial letter means when it states "if  you have additional evidence that shows THIS decision is incorrect.  USCIS was correct in denying the application based on the evidence they received at the time.  Appeals are generally not based on new evidence submitted entirely, but rather evidence showing the original submission was complete in all evidence sent and garnered an approval.  The original submission, based on the letter you received, was not complete in evidence/the evidence was not sustainable to the benefit sought....that's why many of us suggested that it was better to refile, in this instance.

 

Keep us updated on how it goes.

 

 

What does it says? Could u pls explain in short? 

[Nitas_man 3,100]

I have no further comment on this case.  Good luck.

[Rasel_Cool 22]

1 minute ago, Nitas_man said:

I have no further comment on this case.  Good luck.

Why brother?

[Rasel_Cool 22]

20 minutes ago, Nitas_man said:

I have no further comment on this case.  Good luck.

What about it

 

 https://www.hoppocklawfirm.com/it-never-hurts-to-ask/

[Villanelle 4,121]

Basically what its saying is in general new evidence is not suppose to be submitted with an appeal. It talks about priority dates- which in some cases are very important as the wait is so long. Because of the long wait many people send incomplete packets to get a spot in line. USCIS does not like this. No one really likes that. So if someone doesnt have everything they need they can not file to get a place in line and then plan to use the RFE system to submit evidence later or tries to use the appeal system to submit it. Thats not what the RFE/appeals system is for. The appeals system is suppose to be used for reviewing a decision again, not a process for submitting evidence you should have submitted prior. Some people also abuse the system by filing frivolous appeals or petitions. 

 

It also talks about how they are not completely heartless and understand by not accepting your evidence they are sending you back to the front of the line - and they dont want to do that either. But if the new evidence is something they already RFE'd you for (which in your case they did ask for DNA and you just chose to not submit it at that point) then they are more free to deny you the chance to submit it on appeal whereas if they didnt ask for it they can give you a second chance. 

 

Bottom line is they have discretion. They can accept your new evidence but they do not have to. 

 

You have to understand that this issue is taken extremely seriously by some users. You didnt submit the proper documents, you failed to respond to the RFE with proper documents, now you are asking on appeal for a 3rd chance.  Some people find that offensive and will not want to help you with this. 

 

[Rasel_Cool 22]

3 minutes ago, Villanelle said:

Basically what its saying is in general new evidence is not suppose to be submitted with an appeal. It talks about priority dates- which in some cases are very important as the wait is so long. Because of the long wait many people send incomplete packets to get a spot in line. USCIS does not like this. No one really likes that. So if someone doesnt have everything they need they can not file to get a place in line and then plan to use the RFE system to submit evidence later or tries to use the appeal system to submit it. Thats not what the RFE/appeals system is for. The appeals system is suppose to be used for reviewing a decision again, not a process for submitting evidence you should have submitted prior. Some people also abuse the system by filing frivolous appeals or petitions. 

 

It also talks about how they are not completely heartless and understand by not accepting your evidence they are sending you back to the front of the line - and they dont want to do that either. But if the new evidence is something they already RFE'd you for (which in your case they did ask for DNA and you just chose to not submit it at that point) then they are more free to deny you the chance to submit it on appeal whereas if they didnt ask for it they can give you a second chance. 

 

Bottom line is they have discretion. They can accept your new evidence but they do not have to. 

 

You have to understand that this issue is taken extremely seriously by some users. You didnt submit the proper documents, you failed to respond to the RFE with proper documents, now you are asking on appeal for a 3rd chance.  Some people find that offensive and will not want to help you with this. 

 

I guess i should stop updating then.thanks

[Villanelle 4,121]

Please do not stop updating! I am interested in what happens and Im sure others are as well. You had just seem distressed that some did not want to participate in your thread so I offered an explanation as to why. What you are doing with the appeal is allowed even if some people dont like it. For those that do not like it they can write their congressperson to ask for change in the appeal system so that new evidence is simply not allowed if they wish. But because it is allowed you are within your rights to do so.

[Rasel_Cool 22]

10 minutes ago, Villanelle said:

Please do not stop updating! I am interested in what happens and Im sure others are as well. You had just seem distressed that some did not want to participate in your thread so I offered an explanation as to why. What you are doing with the appeal is allowed even if some people dont like it. For those that do not like it they can write their congressperson to ask for change in the appeal system so that new evidence is simply not allowed if they wish. But because it is allowed you are within your rights to do so.

I was just updating simply because I wanted to help ones who will face the same problem as me. If I win they can follow these steps. If I loose they can know they should nt follow what I have done. Nothing more nothing less.

 

If u look at this thread no one actually helped. After getting their negetive replies I researched and researched and found out Most  of them were commnting without knowing a lot of things. 

 

 

Everytime I talk to any lawyer they  say we have big chance to win this case. Everytime I post  here someone new comes up nd says you are wasting ur money. 

 

Im only updating to help people who will face the same.otherwise why im keep updating every single details after so many demotivated comment? Do u find any other reason?

Edited November 30, 2019 by Rasel_Cool

[Villanelle 4,121]

Because this is a public forum any one can comment/post anything they want. It doesnt have to be accurate and it can be biased with their personal views. There are many dedicated users who invest a lot of time here trying to keep it as accurate as possible though. 

 

For your situation- where theres a general opinion of 'this is not possible' when in fact it actually is possible... well that makes it even more important to be posted and discussed as the goal of VJ is to have accurate information.