EOIR 29 and I-290B for denied I-130 petition

[osmosesnew 17]

My mum filed I-130 (F2A) for my brothers. It took 3 years to process. One was approved and one  got denied on Nov 21 after we contacted NY senator to help. 

 

The second one was denied because birth certificate was issued 16 years after his birth and 2 years before filing the petition and we got RFE thats suggests  but unfortunately, we did not do DNA. We responded timely with other documents but seems they were only interested in DNA even though it was encouraged and not directly required.

 

We tried to do DNA testing after denial but 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 and waiting to hear back.

. Hoping for positive result.

We decided to appeal because my brother is now over 21 and new petition will put him in F2B category which will take almost 8 years.

 

We filed both EOIR 29 to BIA and I-290B to AAO.

 

Will use this thread to update our progress incase anyone is in similar situation.

[zaback21 28]

Good luck! Let us know how it goes. 

[osmosesnew 17]

UPDATE

 

EOIR 29 delivered Dec 20 (Deadline date).  New Case Number was sent and received Jan 3rd.

 On Jan 4th Date of Birth was updated.

 

Form i-290B delivered Dec 26th  New Case number received via text. Waiting for Notice in the mail.

 

 

[Liam2021 561]

One of my family members got the same situation because the birth registration is late( 3 year after the child was born). He responsed to the RFE without the DNA. His I-130 denied and he filed EOIR-29.However,look like USCIS only want the DNA test and the I-130 was denied based on lack of evidences. A month after he filed EOIR-29, a letter from USCIS's director arrived and because the lack of evidences, the denied is final, so there is no appeal .

[osmosesnew 17]

3 hours ago, H&T said:

One of my family members got the same situation because the birth registration is late( 3 year after the child was born). He responsed to the RFE without the DNA. His I-130 denied and he filed EOIR-29.However,look like USCIS only want the DNA test and the I-130 was denied based on lack of evidences. A month after he filed EOIR-29, a letter from USCIS's director arrived and because the lack of evidences, the denied is final, so there is no appeal .

Yes,  that is why we initiated the DNA testing process to overcome the issues in the denial. We are just having hard time to have the Local US Embassy to accept to collect DNA samples. I believe if DNA testing results can be submitted before the appeal is reviewed, we might stand a chance.

[Ziko17 0]

On 1/6/2020 at 11:28 PM, osmosesnew said:

Yes,  that is why we initiated the DNA testing process to overcome the issues in the denial. We are just having hard time to have the Local US Embassy to accept to collect DNA samples. I believe if DNA testing results can be submitted before the appeal is reviewed, we might stand a chance.

Hello there, i hope you were able to work out the DNA test. 

I just have a question here in case you experienced it,  we submitted EOIR-29 and received a notice from USCIS that it was received. Then we followed by sending the supporting document to backup the appeal, but we haven't received anything ever since. it's been 3 months now since we  delivered the documents . Do y'all know how log it takes to process the appeal? Is there is a way to track the processing time online? and  EOIR-29/ appeal status update? i wasn't able to find any link where i could track this. Your reply is much appreciated.

[osmosesnew 17]

On 4/17/2020 at 5:07 PM, Ziko17 said:

Hello there, i hope you were able to work out the DNA test. 

I just have a question here in case you experienced it,  we submitted EOIR-29 and received a notice from USCIS that it was received. Then we followed by sending the supporting document to backup the appeal, but we haven't received anything ever since. it's been 3 months now since we  delivered the documents . Do y'all know how log it takes to process the appeal? Is there is a way to track the processing time online? and  EOIR-29/ appeal status update? i wasn't able  to find any link where i could track this. Your reply is much appreciated.

I don't think there is a way to track it. From my research, it can take up to 12months to get a response. Ours is 4 months already. 

[jcracked52 55]

13 hours ago, osmosesnew said:

I don't think there is a way to track it. From my research, it can take up to 12months to get a response. Ours is 4 months already. 

For I-290B, you can look here: https://egov.uscis.gov/processing-times/historic-pt

 

Looks like it takes about 6-7 months.

[osmosesnew 17]

On 4/27/2020 at 9:45 AM, jcracked52 said:

For I-290B, you can look here: https://egov.uscis.gov/processing-times/historic-pt

 

Looks like it takes about 6-7 months.

Thank you. 

[kkc 0]

Anyone got any updates?

[osmosesnew 17]

On 6/6/2020 at 11:53 AM, kkc said:

Anyone got any updates?

Just an update on March 4 that says   Name/Date of Birth was updated....  for i290B.

 

Got same update for EOIR 29  back in January.

[Belladonalson 0]

Any updates?

[osmosesnew 17]

On 9/19/2020 at 4:53 PM, Belladonalson said:

Any updates?

The status of this service request is:

On 08/15/2020, you or your representative contacted USCIS concerning your Form I-130 to notify us that you would like to know the status of the EOIR29/BIA appeal.   Below is a summary of what we found and how the issue has been or may be resolved.

Thank you for your inquiry. Your case is currently pending review.  The current review period is six months to one year. Your appeal will be forwarded to the Board of Immigration Appeals once review is completed.

We hope this information is helpful to you.
 

[Belladonalson 0]

How do you request the status of your appeal?

[osmosesnew 17]

On 9/24/2020 at 2:52 PM, Belladonalson said:

How do you request the status of your appeal?

Submit a case enquiry request here.

https://egov.uscis.gov/e-request/Intro.do