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Rasel_Cool

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

    in Bringing Family Members of Permanent Residents to America

    Posted

    On 12/15/2019 at 12:42 AM, 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.

     

     

    check my latest update on last comment latest update.  what goonna be next

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

    in Bringing Family Members of Permanent Residents to America

    Posted

    On 12/10/2020 at 11:03 PM, osmosesnew said:

    Hello, I have news. The  i-290B motion to reopen that I filed for my brother has been approved. It took almost a year. They have now sent us another request for evidence. I remember the denial letter only asked to filed EOIR-29 but after some research I filed the i-290b and I am glad I did. i have heard nothing on the EOIR-29. I will probably withdraw that at this time. See the timeline here

     

     

    brother same mail came to u b4 approving? 

    Screenshot_20210114-114413__01.jpg

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

    in Bringing Family Members of Permanent Residents to America

    Posted

    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. 

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

    in Bringing Family Members of Permanent Residents to America

    Posted · Edited by Rasel_Cool

    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

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

    in Bringing Family Members of Permanent Residents to America

    Posted · Edited by Rasel_Cool

    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?

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

    in Bringing Family Members of Permanent Residents to America

    Posted

    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"

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

    in Bringing Family Members of Permanent Residents to America

    Posted

    On 12/15/2019 at 12:42 AM, 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.

     

     

    Can anyone confirm if we can refile for my younger brother while his case is on appeal? 

     

    will it create any impact on running appeal?

    On 12/14/2019 at 11:14 PM, Going through said:

    The RFE clearly states that DNA evidence can be an optional piece to send IN ADDITION to the required secondary evidence they listed above that (school records,  medical records, government records, etc.)  Along with the voluntary DNA that you said your friend sent, did he also send what they were actually asking for?

     

    Interesting.  

    Can anyone confirm if we can refile for my younger brother while his case is on appeal? 

     

    will it create any impact on running appeal?

    My friends mother died in usa. She was the petetioner. case was f2b. case not approved yet. Can his father take over the case?

    in Bringing Family Members of Permanent Residents to America

    Posted · Edited by Rasel_Cool

    f2b catergory. 

     

    Priority date 27th february 2017.

     

    Mother  applied for him. But unfortunately  she died few days ago

     

    case is not approved yet.

     

    Can his father take over this case so that everything  remains same and not to start again  from the beginning and his priority date stays same.

     

    pls advice

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

    in Bringing Family Members of Permanent Residents to America

    Posted

    4 hours ago, osmosesnew said:

    You may be right but the 290B gives us additional 30days after filing it to send in more evidence. So we are trying to get DNA testing done by tomorrow and send in letter of compliance. If we are lucky and the result is ready before they looked at the 290B application then we may get approved right away.

    Dna takes 1-1.5 months to result get sent.  I dont think they will apprv right away no matter what. It will take thrm 3 to 6 months max 1yr to respond

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

    in Bringing Family Members of Permanent Residents to America

    Posted · Edited by Rasel_Cool

    5 hours ago, jcracked52 said:

     

    I could be wrong, but I believe they (service center who made the decision) consider EOIR-29 as a Motion to Reopen first. So I am not sure if you had to file 290B. I could be wrong though. 

    I think the same according to my research . They can treat the appeal as motion to reopen 

    4 hours ago, osmosesnew said:

    You may be right but the 290B gives us additional 30days after filing it to send in more evidence. So we are trying to get DNA testing done by tomorrow and send in letter of compliance. If we are lucky and the result is ready before they looked at the 290B application then we may get approved right away.

    No. If u file eior 29 they give u extra 30 days aftr appeal to send brief with additional documents.  I mean u hv to appeal within the initial deadline woth or without briefing. If u choose to appeal with briefing and additional documents u wont get extra 30 days. But if u just appeal and tick mark on brief later u get extra 30 days.   

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