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

[Rasel_Cool 22]

12 minutes ago, Going through said:

 

Pity the lawyer they were using didn't think it wise to send in what USCIS was specifically requiring in the RFE along with the DNA results ---- likely they have the option to refile.

Thats upto them. Still not finding why they denied actually 

[Rasel_Cool 22]

1 minute ago, SusieQQQ said:

So your friend sent absolutely nothing himself?

Nothing. Only the DNA. Which was sent from lab

[SusieQQQ 11,585]

 

1 minute ago, Rasel_Cool said:

Nothing. Only the DNA. Which was sent from lab

Not even an explanation letter ?  Sheesh. 

 

by the way is this the same friend you said doesn’t want to set up his own VJ account? Normally when people drift away from the original poster's question they get told they can’t hijack but I guess if you’re hijacking your own thread on behalf of your friend it’s ok. Hopefully you are learning something from it.

 

 

[Rasel_Cool 22]

1 hour ago, SusieQQQ said:

 

Not even an explanation letter ?  Sheesh. 

 

by the way is this the same friend you said doesn’t want to set up his own VJ account? Normally when people drift away from the original poster's question they get told they can’t hijack but I guess if you’re hijacking your own thread on behalf of your friend it’s ok. Hopefully you are learning something from it.

 

 

Nothing. Only the DNA.

 

And Its ok. My thread has nothing new to  update now. Thts y updating abt my frnd's case.

 

And yes he is the one dont wanna open a vj cause he is not good in English 

 

 

[SusieQQQ 11,585]

1 hour ago, Rasel_Cool said:

Nothing. Only the DNA.

 

And Its ok. My thread has nothing new to  update now. Thts y updating abt my frnd's case.

 

And yes he is the one dont wanna open a vj cause he is not good in English 

 

 

Never stopped anyone before 

[jcracked52 55]

Based on the information you have posted, I think it is clear USCIS made a mistake. I hope your friend is now lawyered up. Don't recommend your previous lawyer, though. Also, I hope your friend sends in some additional evidence along with DNA test results.

[Rasel_Cool 22]

1 hour ago, jcracked52 said:

Based on the information you have posted, I think it is clear USCIS made a mistake. I hope your friend is now lawyered up. Don't recommend your previous lawyer, though. Also, I hope your friend sends in some additional evidence along with DNA test results.

Can he send additional evidence if he do motion to repopen  

[osmosesnew 17]

On 11/13/2019 at 2:47 PM, Rasel_Cool said:

Update: 

 

On october 28 my father gave dna(in usa) and we are still waiting to be called by dna lab in our country. 

 

On 6th november we have appealed with dna compliance letter,dna lab reciept , Primary school letter, marksheet letter,  remittance reciept, family pictures which were not given before,more birth affidavits  (this time my aunt and uncle who lives in usa gave affidavit),  nikahnama of parents, birth certificate and in a letter explaining why we couldn’t give dna earlier and why it will take time to get the dna result done. 

 

 

The appeal was was received  8th november. Will wait for the appeal reply.

 

If anyone knows how long it takes an appeal to reply kindly let me know. Thanks

 

 

My lawyer is confident that we will win the case as we are genuine son and daughter of our father   and sooner or later the dna result will get reached to USCIS. 

 

Lets hope for the best. Thanks everyone  

I just read your entire thread. One of my siblings is in similar situation (My mum filed, F2A), i130 took 3 years to process. It got denied on Nov 21 after we contacted NY senator to help. 

It was denied because birth certificate was issued 16 years after his birth and 2 years before filing and we got RFE...just like your case, we did not do DNA. We responded timely with other documents but seems they are only interested in DNA even though it was encouraged and not directly required.

 

But unlike you, the DNA lab in New York refused to do DNA testing because local embassy may not schedule appointment for sample collection as they only give appointment to pending cases. They insisted that our case is not pending any longer since it was denied. We filed appeal last week. Hoping for positive result. Appeal is much better in our case because of the priority date. My brother is now over 21 and new petition will put him in F2b which takes longer. Still panful we did not do DNA.

 

Edited December 23, 2019 by osmosesnew

[ihsan 7]

8 hours ago, osmosesnew said:

I just read your entire thread. One of my siblings is in similar situation (My mum filed, F2A), i130 took 3 years to process. It got denied on Nov 21 after we contacted NY senator to help. 

It was denied because birth certificate was issued 16 years after his birth and 2 years before filing and we got RFE...just like your case, we did not do DNA. We responded timely with other documents but seems they are only interested in DNA even though it was encouraged and not directly required.

 

But unlike you, the DNA lab in New York refused to do DNA testing because local embassy may not schedule appointment for sample collection as they only give appointment to pending cases. They insisted that our case is not pending any longer since it was denied. We filed appeal last week. Hoping for positive result. Appeal is much better in our case because of the priority date. My brother is now over 21 and new petition will put him in F2b which takes longer. Still panful we did not do DNA.

 

Hope you hear good news about your appeal,  all the best.  Did the deny letter says that you can appeal ? what other options were you given ? it may help me or some others, Thank you. I also got the RFE about the late birth certificate but i sent them the DNA but unfortunately the DNA result was sent to them late not on time,  15 days late. I was given 84 days to respond, the lab made a mistake. anyway now its been 65 days i haven't heard anything from them ,  on the RFE letter it was given 60 days for USCIS to hear response back , so i called them yesterday and they told me to wait 10 days more.

[Rasel_Cool 22]

9 hours ago, osmosesnew said:

I just read your entire thread. One of my siblings is in similar situation (My mum filed, F2A), i130 took 3 years to process. It got denied on Nov 21 after we contacted NY senator to help. 

It was denied because birth certificate was issued 16 years after his birth and 2 years before filing and we got RFE...just like your case, we did not do DNA. We responded timely with other documents but seems they are only interested in DNA even though it was encouraged and not directly required.

 

But unlike you, the DNA lab in New York refused to do DNA testing because local embassy may not schedule appointment for sample collection as they only give appointment to pending cases. They insisted that our case is not pending any longer since it was denied. We filed appeal last week. Hoping for positive result. Appeal is much better in our case because of the priority date. My brother is now over 21 and new petition will put him in F2b which takes longer. Still panful we did not do DNA.

 

you appealed without DNA testing ?

[osmosesnew 17]

1 hour ago, Rasel_Cool said:

you appealed without DNA testing ?

Yes....Motion to ReOpen. We gave them other evidence and also prove that we tried to get DNA done.

[osmosesnew 17]

1 hour ago, ihsan said:

Hope you hear good news about your appeal,  all the best.  Did the deny letter says that you can appeal ? what other options were you given ? it may help me or some others, Thank you. I also got the RFE about the late birth certificate but i sent them the DNA but unfortunately the DNA result was sent to them late not on time,  15 days late. I was given 84 days to respond, the lab made a mistake. anyway now its been 65 days i haven't heard anything from them ,  on the RFE letter it was given 60 days for USCIS to hear response back , so i called them yesterday and they told me to wait 10 days more.

Yes. It said we can appeal within 30 days with additional evidence.

[ihsan 7]

1 hour ago, osmosesnew said:

Yes. It said we can appeal within 30 days with additional evidence.

Thank you for the reply.. wish you all the best. after submitting the RFE how long it took  the response you got from USCIS

Edited December 23, 2019 by ihsan

[osmosesnew 17]

2 hours ago, ihsan said:

Thank you for the reply.. wish you all the best. after submitting the RFE how long it took  the response you got from USCIS

RFE delivered September 8, we heard back November 21.

[ihsan 7]

Just now, osmosesnew said:

RFE delivered September 8, we heard back November 21.

i get  it, thank you,  so i should expect to hear from them in 10 days,  i am worried what if they deny my case for sending late RFE. lets see what happens.