Rasel_Cool

2 minutes ago, SusieQQQ said:

You don’t need to spam everyone individually to say the same thing but seeing as you quoted me - quite honestly, I am more surprised at the two approved than the one denied. The language of the denial was what i had expected for all of them. (Not sure if I missed it, but was there any difference between the cases on the timing of when the dna results came back, or anything else?)  As the letter says, the petition can be filed again. 

I want to know if i can apply for motion to reopen now? I am that kind of guy who will not give up u know

1 minute ago, SusieQQQ said:

You don’t need to spam everyone individually to say the same thing but seeing as you quoted me - quite honestly, I am more surprised at the two approved than the one denied. The language of the denial was what i had expected for all of them. (Not sure if I missed it, but was there any difference between the cases on the timing of when the dna results came back, or anything else?)  As the letter says, the petition can be filed again. 

everything was same. including additional evidence+ brief.  everything was same. 

On 3/4/2020 at 4:18 PM, osmosesnew said:

I used the I-290b to file a motion to reopen and gave them additional evidence including proof that DNA testing has been initiated. I pray it works.

did ur case get aporoved?

On 10/15/2019 at 1:04 PM, Paul & Mary said:

Yes

 

f2a may not be current once you get your petition approved. 

check my last comment

On 10/13/2019 at 6:38 PM, Going through said:

Just to clarify---since you said you sent all the other documents requested---was the RFE responded to on time?  That can also be a reason why a case is denied.

pls check my last comment

On 10/13/2019 at 8:48 PM, SusieQQQ said:

This is a good question. For all those piling on the OP for not doing dna, he did say it was voluntary not required, so maybe an error of judgement but the “you didn’t give them what they wanted” statements maybe a bit harsh in context. Remember most people (1) do not hang out on VJ all day (2) would think a lawyer knows what they’re talking about.

 

from OP’s earlier comments I am not entirely sure he understood “refile” means do everything over again for a brand new petition, but hopefully he realizes that now. And yes dna to help eliminate doubt this time is advisable.

check my last comment

12 hours ago, Rasel_Cool said:

As everyone know 2 of our appeal got approved. but only my brothers appeal got dismissed on 9th  june. what can we do now? can we file motion to reconsider?

 

 

On 5/25/2021 at 6:55 PM, Villanelle said:

Congratulations! 

pls check my last comment

As everyone know 2 of our appeal got approved. but only my brothers appeal got dismissed on 9th  june. what can we do now? can we file motion to reconsider?

On 12/9/2019 at 2:47 AM, jcracked52 said:

This thread is bogus. Sorry, OP,  I think you are trolling. 

 

First it's "one of my friends got denial letter" - and his DNA results were "99.96%" - What did his denial letter say? You never told us.

 

Then another friend is denied but hasn't gotten the denial letter and his DNA results were 99.9999999999996% but hasn't gotten the denial letter yet. 

 

If DNA test was legit and done through AABB laboratory, then there is no way I-130 was denied for your "friends"

 

Come on. 

 

doesnt matter. Appeal got approved. chill

On 12/15/2019 at 4:04 AM, SusieQQQ said:

Never stopped anyone before 

case approved 

On 3/2/2021 at 11:46 PM, Villanelle said:

I believe they have a general timeframe goal of 6 months (if you are detained and appealing), so I would assume if they strive for 6 months or less for those they consider 'urgent' you should expect apx 6 months or more. Due to the pandemic at government offices there is (or was) reduced staff and many offices either shut down for a bit or slowed down as they needed to install various safety methods (like plexiglass and those stickers on the floor telling you how far apart to stand as well as sanitizer dispensers, etc). So keep in mind many places have not been operating as normal which is going to add time to your wait... 

 

I am curious though - on the second image you uploaded you blacked out the persons name at the bottom and in doing so covered up part of the title of the person who signed it. Office of "?" USCIS, DHS. I am assuming it says Office of Chief Consul? Can you confirm thats what it says?

 

The general organization of these agencies are as follows:

 

DHS (covers)--->ICE, CBP, USCIS ----> appeals go to AAO (admin appeals office). 

 

DOJ ----> EOIR---> BIA (board of immigration appeals)

 

There are different ways to file a motion. You can ask for it to be handled by AAO only (so that is all handled under DHS, can be described as being handled internally by USCIS as in the Officer changing their decision or a higher up in DHS approving or maintain the denial) or for it to go to AAO first and if needed be passed to BIA- which seems like the path you are on. In those situations the field office reviews your appeal and prepares a ROP (record of proceedings) and sends it to the USCIS attny (Office of Chief Consul) who then prepares their argument for the BIA. (In the BIA you are on one side and the USCIS attny is on the other side). The ROP can be accessed by using the FOIA at some point in time if you want it but I believe during ongoing proceedings like this its not available, you would have to wait for the proceedings to end to be able to access it that way. 

 

The second image says at the top DOJ- BIA and references your case (in the matter of 'your name') and states DHS's response/position to the appeal DOJ BIA has in front of them now. DHS is saying they request the Board (BIA) to dismiss your appeal. There are various things they could have checked off as their reason for this mainly technical reasons like it wasnt filed correctly but they didnt check any of those. This (most likely) means the delay you had in submitting stuff was not an issue as it was speculated it might be. But with everything submitted they (DHS-AAO) still feel the BIA should 'not disturb the decision' meaning they denied it and want the BIA to agree with their denial (not change it). They say the record as a whole when reviewed will show they were correct in denying it and will rely on the BIA to review it as it is with out further briefing (meaning they are not sending anything additional for BIA to consider like a separate brief).

 

Imagine a scenario like Judge Judy. Judy is the Judge and will rule on the issue. That is the BIA. The two sides in front of her are you and your attny on one side and DHS-AAO represented by their attny- the Office of Chief Consul. Both sides get a chance to lay out their case. You did such in your appeal filings. Their side is presenting your record as a whole and basically saying 'we rest our case'. 

 

Again since I can not see who signed this I am assuming it is was the Office of Chief Consul and this is where you are in the process. Everything has been sent to the BIA-EOIR hence the NOA and updated case status. You also blacked out the dates on the NOA but you did post the images in Jan. Sometimes the online case status system is slow to reflect things but it does take time for things to be sent from place to place- so it appears it took them from Jan to now (March 1) to actually physically get the case to BIA. You should probably start counting how long BIA may take to resolve this based on the latter date of it being given to them March 1. I suppose you could inquire using the phone number and address on the NOA with the BIA about the status and when they did actually receive the case but it wont change the fact that what you need to do now is wait.

 

If the BIA sides with DHS and upholds the denial you can pursue it further by appealing their decision to the Federal Circuit Court but that is an even more complicated process that will cost significant legal fees and you should only consider doing such if the attny feels you have a strong case and a positive outcome is likely. 

approved 

appeal approved

42 minutes ago, Villanelle said:

I believe they have a general timeframe goal of 6 months (if you are detained and appealing), so I would assume if they strive for 6 months or less for those they consider 'urgent' you should expect apx 6 months or more. Due to the pandemic at government offices there is (or was) reduced staff and many offices either shut down for a bit or slowed down as they needed to install various safety methods (like plexiglass and those stickers on the floor telling you how far apart to stand as well as sanitizer dispensers, etc). So keep in mind many places have not been operating as normal which is going to add time to your wait... 

 

I am curious though - on the second image you uploaded you blacked out the persons name at the bottom and in doing so covered up part of the title of the person who signed it. Office of "?" USCIS, DHS. I am assuming it says Office of Chief Consul? Can you confirm thats what it says?

 

The general organization of these agencies are as follows:

 

DHS (covers)--->ICE, CBP, USCIS ----> appeals go to AAO (admin appeals office). 

 

DOJ ----> EOIR---> BIA (board of immigration appeals)

 

There are different ways to file a motion. You can ask for it to be handled by AAO only (so that is all handled under DHS, can be described as being handled internally by USCIS as in the Officer changing their decision or a higher up in DHS approving or maintain the denial) or for it to go to AAO first and if needed be passed to BIA- which seems like the path you are on. In those situations the field office reviews your appeal and prepares a ROP (record of proceedings) and sends it to the USCIS attny (Office of Chief Consul) who then prepares their argument for the BIA. (In the BIA you are on one side and the USCIS attny is on the other side). The ROP can be accessed by using the FOIA at some point in time if you want it but I believe during ongoing proceedings like this its not available, you would have to wait for the proceedings to end to be able to access it that way. 

 

The second image says at the top DOJ- BIA and references your case (in the matter of 'your name') and states DHS's response/position to the appeal DOJ BIA has in front of them now. DHS is saying they request the Board (BIA) to dismiss your appeal. There are various things they could have checked off as their reason for this mainly technical reasons like it wasnt filed correctly but they didnt check any of those. This (most likely) means the delay you had in submitting stuff was not an issue as it was speculated it might be. But with everything submitted they (DHS-AAO) still feel the BIA should 'not disturb the decision' meaning they denied it and want the BIA to agree with their denial (not change it). They say the record as a whole when reviewed will show they were correct in denying it and will rely on the BIA to review it as it is with out further briefing (meaning they are not sending anything additional for BIA to consider like a separate brief).

 

Imagine a scenario like Judge Judy. Judy is the Judge and will rule on the issue. That is the BIA. The two sides in front of her are you and your attny on one side and DHS-AAO represented by their attny- the Office of Chief Consul. Both sides get a chance to lay out their case. You did such in your appeal filings. Their side is presenting your record as a whole and basically saying 'we rest our case'. 

 

Again since I can not see who signed this I am assuming it is was the Office of Chief Consul and this is where you are in the process. Everything has been sent to the BIA-EOIR hence the NOA and updated case status. You also blacked out the dates on the NOA but you did post the images in Jan. Sometimes the online case status system is slow to reflect things but it does take time for things to be sent from place to place- so it appears it took them from Jan to now (March 1) to actually physically get the case to BIA. You should probably start counting how long BIA may take to resolve this based on the latter date of it being given to them March 1. I suppose you could inquire using the phone number and address on the NOA with the BIA about the status and when they did actually receive the case but it wont change the fact that what you need to do now is wait.

 

If the BIA sides with DHS and upholds the denial you can pursue it further by appealing their decision to the Federal Circuit Court but that is an even more complicated process that will cost significant legal fees and you should only consider doing such if the attny feels you have a strong case and a positive outcome is likely. 

We appealed back in 2019 october. still will take more 6 months? 

and cheif counsel

will we need any oral arguments? 

latest update. how many days will take now? any guess

4 hours ago, SusieQQQ said:

I would think that is a far more advisable route, yes. Are all the names correct on the education certificate?

yes all names are correct

15 minutes ago, SusieQQQ said:

So he wants to knowingly present a false date of birth to us immigration? Very bad move imo. 

can he do an affidavit for student visa that his edu cert was mistakenly put wromg birth date which is unchangable?

just got update from him. he hasn't chnaged his passoort or birth cert's dob yet. he is telling me he wanna change according to edu cert as he wanna apply for studnet visa

3 hours ago, SusieQQQ said:

It’s (very) strange to change official birth and passport records to match an education certificate. An education certificate is not an official record of birth date. I know many countries have discrepancies in names or dates on education certificates but usually those are the ones changed, or if they can’t be changed the discrepancy is just ignored because it is not an official biographic record. What is your friend’s actual date of birth? ...I’m going to assume the birth certificate and passport were correct?
 

 

yes birth cert n pass were correct. edu cert which is unchangable. ryt now he want to apply for student visa so that's what creating problem for him

just got update from him. he hasn't chnaged his passoort or birth cert's dob yet. he is telling me he wanna change according to edu cert as he wanna apply for studnet visa

1 hour ago, zaback21 said:

Is your friend from Bangladesh? If so, it's not hard to change educational certificate like SSC, HSC and even uni ones if passport, NID and birth certificate are same.

 

If I were him/her, I won't even think of asking USCIS if I can change my date of birth as it will raise lots of red flags. And on top of that, your friend will now need to change date of birth on his/her passport which is currently quite difficult plus it raises more issues than simply changing date of birth on educational certificate. But if your friend is happy to go through the process and take the risk, I guess it's his/her choice. 

in bangladesh u cant change dob after 2 years of passing.  so its unchangeable 

11 minutes ago, Villanelle said:

So this is a question about your case correct? 

 

Some general info- F2B is for USC or LPR to petition for their child, son, or daughter. (child is either gender unmarried under 21 and son/daughter is for those over 21 and/or married).  The first step in the process is for the parent to submit the 130 package. It includes proof of the parents status as well as proof of the relationship to the child amongst other things. If it is the mother who is petitioning she needs to show the birth certificate. If its the father they also need to show the birth certificate and proof of marriage to the mother (or other evidence to show a legitimate relationship- this can end up with needing DNA as you are aware). 

 

So the big question is where exactly is this discrepancy in the date and how did it happen?? The 130 should have been filled out with the correct date of 1995 and the evidence attached to it like the birth certificate would show the same date of 1995. Its unlikely they would have accepted a 130 with a date of 1994 and the attached birth certificate says 1995. 

 

You were also very specific in your post to state school certificate and passport have the date of 1995 but said nothing about the birth certificate date. Are we to assume the birth certificate has a date of 1994 on it? And for whatever reason your other documents do not match that?

 

I understand the forums have not been kind to you in the past. If you want advice you need to post specific details and be ready for negative comments. (anything offensive or that violates TOS you can report but remember the truth can hurt). In general it is possible to correct incorrect information entered on the forms (to an extent) but the changes need to be done in a timely fashion (before a benefit is issued) and the error needs not to have been 'malicious'. Spelling a name wrong or entering a wrong number is usually not a big deal BUT if you have IDs with varying DOBs on them you absolutely need to fix that and they need to match. 

 

Its one thing to change the date on the form from 1994 to 1995 if the birth certificate says 1995 but a whole other situation if the birth certificate you submitted does actually say 1994 and was wrong. 

its an on behalf post. one of my frnd has this problem. Anyway I dont regret about the past cause one my fb frnd's appeal got accepted few days ago with same reason of denial. so no worries. even in thia forum total of two appeal got approved.  so whoever is appealing and if they are genuine they are getting approved.  lets see. 

Right so my frnds problem is his education certifictae has 1995 so according to certifictae he changed everything passport, id, birth cert and all. because he cant change education certificate DOB. now he want to chnge usics dob. can he do it?

ofcourse that's not my case. u all know my case still in appeal process

9 hours ago, Villanelle said:

Are you posting that in addition to the issue with the appeal and late DNA and whatever that all was that you ALSO have the wrong DOB on your papers?

no actually that is a problem of one of my frnd 

6 hours ago, Jorgedig said:

No wonder your case has so many red flags....

That is my frnd's problem i posted on behalf

My Date of birth is 1995 in school certificate,passport.  but in uscis 1994. can i change date of birth now?  

pd 2016 dec f2b

On 10/16/2019 at 11:20 PM, Paul & Mary said:

It would be good to post the letter here.

new notice came pls check is it good bews

On 12/4/2019 at 2:48 AM, Going through said:

That online lawyer suggested to refile again with the proper documentation if denied----so there's that option for you, as confirmed once more.

You can REQUEST that the old priority date be retained, as he suggested, however they are not obligated to.   

 

He seemed more concerned about getting a positive rating from you, nonetheless.

what does it mean

On 1/15/2021 at 12:14 AM, SusieQQQ said:

Who knows? Wait till you get the letter and see what it says about why they moved it.

New notice came. please tell me someone what does it mean?

On 10/15/2019 at 1:04 PM, Paul & Mary said:

Yes

 

f2a may not be current once you get your petition approved. 

check latest update of my case. anything good?