Rasel_Cool

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 ?

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  

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 

1 minute ago, SusieQQQ said:

So your friend sent absolutely nothing himself?

Nothing. Only the DNA. Which was sent from lab

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 

14 minutes ago, SusieQQQ said:

 

So your friend lives in Brooklyn (NY), but the response to the RFE was sent from Fairfield Ohio?

curiouser and curiouser said Alic

Lab send DNA reporrt to usics. Not any petitioner or beneficiaries 

8 minutes ago, ihsan said:

i think the DNA was sent from ohio, becuase the AABB accredited facility directly ship the DNA result to USCIS. i mean the lab .. 

U got it

4 hours ago, jcracked52 said:

Also, the denial letter unique number does not match the unique number from RFE letter at bottom left. Stop wasting our time, OP. 

 

This thread is one of the strangest ones ever. 

Look.  Same name in rfe and denial letter. Unique code is diffrent though 

https://ibb.co/JQRRpdT
https://ibb.co/CJTnVKM

12 minutes ago, SusieQQQ said:

Is this a friend you know in person, or some “friend” on the internet?

I know him in person. Look rfe and denial got same name. But rfe and denial unique code is diffrent though 

https://ibb.co/JQRRpdT
https://ibb.co/CJTnVKM

7 minutes ago, 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.  

They Only did dna

1 minute ago, Going through said:

I'm pretty sure your friend would have told you that straightaway, since it's their denial letter they received, right?  Surely they would notice if the letter didn't state their own name at the top?

Let me clarify these things with Him. Give me some time

1 hour ago, SusieQQQ said:

 

Are you saying he is showing us letters from two different cases and pretending they are the same case?

Why would i do that. Those are given by my frnd who got denied. 

3 hours ago, jcracked52 said:

Also, the denial letter unique number does not match the unique number from RFE letter at bottom left. Stop wasting our time, OP. 

 

This thread is one of the strangest ones ever. 

It might be usics sent the  denial to wrong person. 

21 minutes ago, Going through said:

Next step is your friend should call USCIS and ask to be transferred over to a L2 officer (who can look into his actual case details---don't just deal with the regular customer service person who answers the phone), and explain the situation at hand---and hopefully the L2 officer can let your friend know the case status, and if the response was actually received by them.

The option I would follow personally, is for your friend to follow the instructions in the denial letter as clearly written, and send in proof that the RFE was responded to in time.

 

All that being said, however, if what he sent in the RFE was NOT exactly what USCIS was asking for (in other words, if USCIS was asking for an actual birth certificate/school records/etc. and he instead chose to just send DNA test results done on his own accord---when the letter never mentions DNA testing) then they likely would have denied the case anyhow based on insufficient evidence sent in reply to the RFE.

 

With RFEs it's very important to send them at least one or more of the document choices USCIS gives in the letter---there's really no option of "well, I'm going to send this instead of specifically sending what they are requesting".

 

Good luck to your friend.

21 minutes ago, Going through said:

 

This was his rfe 

https://ibb.co/r4NNPhP
https://ibb.co/SvGyQpZ

15 minutes ago, Going through said:

You didn't answer the question I asked:

 

"Alternatively, If your friend has proof that the RFE response was delivered in time, he can send evidence of that (as explained in the letter).  Did he get tracking/delivery confirmation on the RFE response he sent?  Most do with important documents/when dealing with the government....certainly the lawyer he is using would have done that."

 

4 minutes ago, Going through said:

You didn't answer the question I asked:

 

"Alternatively, If your friend has proof that the RFE response was delivered in time, he can send evidence of that (as explained in the letter).  Did he get tracking/delivery confirmation on the RFE response he sent?  Most do with important documents/when dealing with the government....certainly the lawyer he is using would have done that."

 

he checked in the website with the tracking number. It was received 

1 hour ago, SusieQQQ said:

 

 

🤦‍♀️

anything u would like to say ?

11 hours ago, Going through said:

To me, it looked more like 6 than an 8 ?

He did respond . infact if u look at the request for evidence days it is "26th September 2019". so the deadline was 26th December.

19 hours ago, Unlockable said:

Everything is explained in the letter. The denial was due to not responding to the RFE. As you can see, it says you can not appeal. But you can request to try to have the case reopened based on evidence you have that he, in fact, sent the evidence.

He did respond . infact if u look at the request for evidence days it is "26th September 2019". so the deadline was 26th December.

18 hours ago, Going through said:

It says why right in the letter.  Your friend was given a time limit to respond to the RFE and they have no record of a response being sent within that time.  It was therefore deemed abandoned, and denied (as stated in the letter).

 

What he can do is also explained in the letter.  He cannot file an appeal.  He CAN file a motion to reopen (which is different than an appeal), ONLY IF he can prove the denial was in error due to being able to prove at least one of the criteria 1-3 was met at the time the original application was filed.

 

From what you've said so far about your friend's case, he would not meet criteria #1 as the evidence they requested was obviously material.  He wouldn't be able to meet criteria #2 unless he can undoubtedly prove that he sent the documents in with the initial filing (how does one prove what was actually inside an envelope?), OR prove that he responded to the RFE on time (proven with proof of tracking or delivery---a receipt from the post office only showing that it was mailed out is not going to be sufficient).  He would not be able to meet criteria #3 unless he can prove the RFE request was sent to the wrong address (again, how would he prove that?...another friend simply saying "oh it got sent to my house by mistake" won't work if he thinks that will).  They want proof.

 

Alternatively, If your friend has proof that the RFE response was delivered in time, he can send evidence of that (as explained in the letter).  Did he get tracking/delivery confirmation on the RFE response he sent?  Most do with important documents/when dealing with the government....certainly the lawyer he is using would have done that.

 

 

He did respond . infact if u look at the request for evidence days it is "26th September 2019". so the deadline was 26th December.

12 hours ago, jcracked52 said:

Something does not add up. The letter says RFE was issued September 26, 2019 and looks like it says 84 days were given (8 is cut off in the letter). I am assuming it says 84 days since that is the standard time for RFE reply. It still hasn't been 84 days yet from September 26th. 

yah. He did respond . infact if u look at the request for evidence days it is "26th September 2019". so the deadline was 26th December.

On 12/9/2019 at 9:55 AM, SusieQQQ said:

Hmm, but that link also says "DNA testing reliability has advanced to the industry-accepted standard of 99.5 percent" which makes me think it's outdated vs the other one. Anyway if it is a factual case it would be more enlightening if the OP mentioned if that rejection happened in the same situation as his, that is, originally not bothering to do the test and then trying to submit it late. In which case it's not the DNA itself that is the issue but the lackadaisical response to the RFE.

My friend's denial letter came.  What was the reason for denial? Would anyone pls explain and what should he do?

On 12/10/2019 at 12:14 AM, Villanelle said:

Seems most likely there is only one friend and the 99.999999999999996 extra 9s were added for emphasis. Anyway not sure why its assumed they were denied for the percentage when its much more logical that they didnt respond to the RFE properly. Wonder if they used the same lawyer that failed to respond to the OPs RFE properly as well. 

My friend's denial letter came.  What was the reason for denial? Would anyone pls explain and what should he do?

On 12/10/2019 at 3:58 AM, Going through said:

Without knowing  your friend's full case details/history,  (ie. immigration history and timeline what was submitted with their initial package, any red flags beforehand, etc.) going to be hard to comment on and/or compare his outcome with what may happen in your situation---I can see why you want to update us with  your friend's info though....probably better to focus on what's happening to you and how to resolve any issues you face, rather than your friend's outcome...no two cases are going to be identical in all aspects.

 

Perhaps your friend can start a thread if he's also a VJ member, about his situation?  This way the thread can stay relevant with your situation and not get confusing/conflicting advice about two separate cases entirely.

My friend's denial letter came.  What was the reason for denial? Would anyone pls explain and what should he do?

6 hours ago, Going through said:

Without knowing  your friend's full case details/history,  (ie. immigration history and timeline what was submitted with their initial package, any red flags beforehand, etc.) going to be hard to comment on and/or compare his outcome with what may happen in your situation---I can see why you want to update us with  your friend's info though....probably better to focus on what's happening to you and how to resolve any issues you face, rather than your friend's outcome...no two cases are going to be identical in all aspects.

 

Perhaps your friend can start a thread if he's also a VJ member, about his situation?  This way the thread can stay relevant with your situation and not get confusing/conflicting advice about two separate cases entirely.

Ok will not update anything about his case. 

And no,he Doesn't want to open a vj account.

6 hours ago, SusieQQQ said:

Read 14 pages of this stuff all over again? On behalf of the poster you aimed that at, are you freaking kidding? 

Also this is not a cellphone text, please use full words. Forum etiquette. 

Doesnt need to read 14 pages. I mentioned to read everything in the last commment AGAIN ( thats mean i told him to re read what he has already read to have a better idea).. 

11 minutes ago, Villanelle said:

Seems most likely there is only one friend and the 99.999999999999996 extra 9s were added for emphasis. Anyway not sure why its assumed they were denied for the percentage when its much more logical that they didnt respond to the RFE properly. Wonder if they used the same lawyer that failed to respond to the OPs RFE properly as well. 

Not the same same lawyer. They responded within the deadline. Dna was submitted. Still case was denied. Leta wait for his denial letter. Will update

21 hours ago, 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. 

 

Read everything again. U will understand. One of my frnd got his i130 case denied 2 days ago  u shud know denial letter comes after 3-7 days. U can check status with reciptt number online. Thats how he have seen that case is denied. He showed me the dna result. And it was 99.9999999996% ( reason i write more than two 9s is dna results always comes like this.I forgot  exactly  how many 9s dna report used so pressed the 9 for a long time. Peace.

And for ur info there is no other frnd. There is Only one frnd that i have mentioned. And still he hasnt received denial letter. Once he gets it. I will update.

Just now, zaback21 said:

This is very strange. What exactly is the reason and what exactly are they looking at. It will be hard to make any comment without knowing his full case. 

will update once he gets denial letter