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Rasel_Cool

Our f2a and f2b cases are on appeal! can we do refile while case under appeal?

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Filed: FB-2 Visa Country: Brazil
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7 months ago our cases ( 1 is f2b and 2 is f2a) was denied due to not sending DNA to RFE.

 

We appealed its been 7 months no reply. 

 

We want to refile for our youngest brother who is 17 now. another f2a will convert into f2b as age is increasing. 

 

But my question is will new refiling create any negetive impact on appeal? like will they think or question " Why have they refiled there might be something doubtfull or anythng"

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Filed: Citizen (apr) Country: Morocco
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in your last OP you got the right answer

they denied you upon the RFE evidence you produced and to appeal it,  you would have to prove their decision was wrong -this is more than likely a furtile effort

and the person who responded said "Reapply"   and send them DNA (which you did not do according to your own words as it was not required but would have been added evidence

i took a long time just now reading thru the past posts

and best thing for you to do now ,  is reapply as you will not be able to prove they were wrong in the decision (based on what you provided)

and so sorry for the loss of the mother

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Filed: FB-2 Visa Country: Brazil
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3 minutes ago, JeanneAdil said:

in your last OP you got the right answer

they denied you upon the RFE evidence you produced and to appeal it,  you would have to prove their decision was wrong -this is more than likely a furtile effort

and the person who responded said "Reapply"   and send them DNA (which you did not do according to your own words as it was not required but would have been added evidence

i took a long time just now reading thru the past posts

and best thing for you to do now ,  is reapply as you will not be able to prove they were wrong in the decision (based on what you provided)

and so sorry for the loss of the mother

u answered to the wrong post. that post was about my frnd. His mom died.and this topic is about me.

 

i just want to know now will refiling create any impact on the appeal?

Edited by Rasel_Cool
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Filed: Citizen (apr) Country: Morocco
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1 minute ago, Rasel_Cool said:

u answered to the wrong post. that post was about my frnd. and this topic is about me.

 

i just want to know now will refiling create any impact on the appeal?

question was and is the same

 

REFILE

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Filed: FB-2 Visa Country: Brazil
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Just now, JeanneAdil said:

question was and is the same

 

REFILE

my frnds mom died not mine.

 

i know i can refile. but will it create any impact on appeal.  cause our lawyer is confident that we will win. 

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8 minutes ago, Rasel_Cool said:

my frnds mom died not mine.

 

i know i can refile. but will it create any impact on appeal.  cause our lawyer is confident that we will win. 

Is this the same lawyer who said you didn’t need to send dna though? I can’t read through the whole thread again myself

Anyway if you believe your lawyer that you will win...why are you asking if you should refile? 
by the way I agree with the poster above, you were advised all along to refile by people here because of the circumstances. It shouldn’t create a problem for appeal, either you win the appeal and waste the filing fee, or you file again and supply the dna when you get the RFE next time. (My understanding is that you can’t submit dna in advance with a new petition but the lab can send the same test results for new case number when you get it.)

 

36 minutes ago, Rasel_Cool said:

We want to refile for our youngest brother who is 17 now. another f2a will convert into f2b as age is increasing. 

Unlikely as he has 3-4 years to go and will have some CSPA protection. 

Edited by SusieQQQ
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Filed: Citizen (apr) Country: Morocco
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Ok,  i did an appeal and won my appeal (took little over 1 year)  and the decision for mine was 

the marriage is bona fida and you need to reapply

that is why i say reapply now

but you have a lawyer so take his advice as you are paying a lot to listen to him/her

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6 minutes ago, SusieQQQ said:

Is this the same lawyer who said you didn’t need to send dna though? I can’t read through the whole thread again myself

Anyway if you believe your lawyer that you will win...why are you asking if you should refile? 
by the way I agree with the poster above, you were advised all along to refile by people here because of the circumstances. I

 

Unlikely as he has 3-4 years to go and will have some CSPA protection. 

no diffrent one.

 

we will only refile for the youngest one.  

 

and for other 2 two f2b ( one is aging)cases of us we didnt and won't refile casue we planning to get married. we are 3 siblings ( 1 is f2a and two are f2b).

 

We are just worrying abt the youngest 17 yr old one now. for f2b if we loose we get married and file f3 (my sister will apply) 

 

so my question is now. if we refile for our youngest brother will it create any impact on the appeal like will they think why refile if they think they can win the appeal? 

5 minutes ago, JeanneAdil said:

Ok,  i did an appeal and won my appeal (took little over 1 year)  and the decision for mine was 

the marriage is bona fida and you need to reapply

that is why i say reapply now

but you have a lawyer so take his advice as you are paying a lot to listen to him/her

he is saying not to refile cause it might create a question

Edited by Rasel_Cool
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4 minutes ago, Rasel_Cool said:

 

 

he is saying not to refile cause it might create a question

Why do you keep second guessing your lawyer’s advice and coming here then? I don’t understand tbh. 
 

 

4 minutes ago, Rasel_Cool said:

for f2b if we loose we get married and file f3 (my sister will apply) 

Your sister is a USC? Then it’s F4, not F3. F3 is married child of citizen. 

Edited by SusieQQQ
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Filed: FB-2 Visa Country: Brazil
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Just now, SusieQQQ said:

Why do you keep second guessing your lawyer’s advice and coming here then? I don’t understand tbh. 
 

 

Your sister is a USC? Then it’s F4, not F3. F3 is married child of citizen. 

Cause i wanna crosscheck. Cause if refiling doesn't harm then why not refile along with appeal.  would u pls answer if refiling create any prblem for them to judge the appeal?  

 

and yah USC so its f4. 

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3 minutes ago, Rasel_Cool said:

no diffrent one.

 

we will only refile for the youngest one.  

 

and for other 2 two f2b ( one is aging)cases of us we didnt and won't refile casue we planning to get married. we are 3 siblings ( 1 is f2a and two are f2b).

 

We are just worrying abt the youngest 17 yr old one now. for f2b if we loose we get married and file f3 (my sister will apply) 

 

so my question is now. if we refile for our youngest brother will it create any impact on the appeal like will they think why refile if they think they can win the appeal? he is saying not to refile cause it might create a question

then don't refile

what question did he say it would raise?

many people refile / it is faster and cheaper than a lawyer

i did my own appeal and won but like i said "it takes time to go thru the system  - the appeals court"  and now they are in limbo

but you are paying for the knowledge and experience of an attorney and all i can say is what happened to me and my appeal

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Filed: F-2A Visa Country: Iraq
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7 minutes ago, Rasel_Cool said:

 

and for other 2 two f2b ( one is aging)cases of us we didnt and won't refile casue we planning to get married. we are 3 siblings ( 1 is f2a and two are f2b)

married... to USC?

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2 minutes ago, Rasel_Cool said:

Cause i wanna crosscheck. Cause if refiling doesn't harm then why not refile along with appeal.  would u pls answer if refiling create any prblem for them to judge the appeal?  

 

and yah USC so its f4. 

I did answer it before already. My opinion is that of an anonymous internet poster. You’re paying a lawyer. Bear that in mind.

 

Long wait. 

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3 minutes ago, JeanneAdil said:

then don't refile

what question did he say it would raise?

many people refile / it is faster and cheaper than a lawyer

i did my own appeal and won but like i said "it takes time to go thru the system  - the appeals court"  and now they are in limbo

but you are paying for the knowledge and experience of an attorney and all i can say is what happened to me and my appeal

Question for you, was your appeal after a denial following RFE when you did not include specifically recommended evidence in your response to RFE?

Edited by SusieQQQ
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Filed: Citizen (apr) Country: Morocco
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3 minutes ago, SusieQQQ said:

Question for you, was your appeal after a denial following RFE when you did not include specifically recommended evidence in your response to RFE?

i got an RFE for the original petition / it was the 4 page and weigh 25 pounds to return / i was not denied for the RFE

lawyer at that time was shocked to see denied at the interview after all this RFE support documents (i had to send things like my dad's and his dad's death certificates-stupid requests)  so,  we were denied and i made my appeal (without lawyer as he wanted thousands of dollars more)

Letter from Court of Appeals said " marriage is bona fida -reapply"

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