5 minutes ago, zaback21 said:

Denial after appeal or denial after first RFE? 

Denial after the RFE (one of my frnds case. got denied yesterday. they even done DNA .result was 99.9999999999996%).. havnt got the denial letter yet . 

6 minutes ago, zaback21 said:

Denial after appeal or denial after first RFE? 

Denial after the RFE (one of my frnds case. got denied yesterday. they even done DNA .result was 99.9999999999996%).. havnt got the denial letter yet . 

7 minutes ago, ihsan said:

Hi, can you tell us why ,what was the reason of his denial . Thank you

Denial after the RFE (one of my frnds case. got denied yesterday. they even done DNA .result was 99.9999999999996%).. havnt got the denial letter yet . 

On 12/3/2019 at 11:39 PM, SusieQQQ said:

It's very strange for you to be double-checking your lawyer with online lawyers, and then coming here to (mostly) non-lawyers to double check what the lawyers that are double checking your paid lawyers are telling you. 

Just to inform u. One of my frnd got denial yesterday though he did dna testing result was 99.96%  

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.

Just to inform u. One of my frnd got denial yesterday though he did dna testing result was 99.96%  

1 minute ago, SusieQQQ said:

It's very strange for you to be double-checking your lawyer with online lawyers, and then coming here to (mostly) non-lawyers to double check what the lawyers that are double checking your paid lawyers are telling you. 

cause someone told me here not to listen lawyers always

On 12/2/2019 at 12:41 PM, SusieQQQ said:

And a lot of hedging, “it seems” because blah blah that “it may be ”.... nothing concrete at all before that smiley

Another lawyer opinion. Can old priority be retained?

4 hours ago, US-UK said:

Attorney Cann might consider reading a Warriner’s and running spellcheck on her professional website.

 

The free advice you received is fully hedged and, also, appears predicated on the DNA results being included in the appellate filing, which is not the case.

Another lawyer opinion. Can old priority be retained?

5 hours ago, Villanelle said:

Do you actually have a retainer with an actual attny or are you just using the justanswer ask an attny service>>??? Also its quite unprofessional for an attny to use a  at the end of their interaction with you... 

No. I have actual lawyer in USA. 

Im taking second opinion from JA

26 minutes ago, Nitas_man said:

People we help rarely if ever get denied.  
 

Once you send in a bad package and get an RFE we can help build the response.

After you send in a weak response and get soundly trounced with a two page denial, you are beyond our help.  The rules say a case is affirmed or denied based on the provided evidence, and can be appealed if the denial can be shown to be in error.  
 

Your denial, based on what you have stated (and well-explained on two pages) does not appear to have been in error.  
 

So:  you were advised to refile.  

 

If:  your online lawyer thinks there is a way to skirt that and get another chance go for it.  You haven’t read or listened to anything anyone has told you and have ignored probably 50 years of immigration experience (13 of them are mine) so regretfully I will re-iterate that in my opinion you do not have a basis for appealing this decision.  So let us know how it went.

Yah lets see what happens. 

Im actually taking second opinion from Just answer 

3 hours ago, zaback21 said:

In any case, I am not sure if it affects your appeal process,  which I don't think it does. If I were you, I would have submitted another petition just in case I get denied in 6-12 months,  at least I would be 6-12 months in advance in terms of Priority Date. 

 

Unless you are expecting a decision within 3 months, that's what I would have done. 

Chat with a lawyer

5 minutes ago, SusieQQQ said:

 

See this is why people get annoyed and say they’re done with this thread. You come on here expecting people to take serious time to read and explain stuff like this (even though you have a lawyer), then accuse people of being unhelpful when they don’t tell you what you want to hear....often followed with “but the lawyer said...[opposite]”. If you already have legal advice why do you keep asking questions, only to get angry when people tell you stuff you don’t like, and then you still expect people to run round in circles interpreting legal articles for you? Seriously, this is probably the most high maintenance OP I have seen on VJ to date.

Ok accept my mistakes. Apologying

3 hours ago, Going through said:

Twelve pages and you believe not one person left a comment that was even remotely helpful to you in any way?  Not one?  Really?

 

Perhaps you can retain their firm.  

 

Which part did they actually help? 

 Lets not talk abt THIS anymore. 

2 minutes ago, Villanelle said:

Because this is a public forum any one can comment/post anything they want. It doesnt have to be accurate and it can be biased with their personal views. There are many dedicated users who invest a lot of time here trying to keep it as accurate as possible though. 

 

For your situation- where theres a general opinion of 'this is not possible' when in fact it actually is possible... well that makes it even more important to be posted and discussed as the goal of VJ is to have accurate information. 

 

 

 

 

https://www.hoppocklawfirm.com/it-never-hurts-to-ask/

10 minutes ago, Villanelle said:

Please do not stop updating! I am interested in what happens and Im sure others are as well. You had just seem distressed that some did not want to participate in your thread so I offered an explanation as to why. What you are doing with the appeal is allowed even if some people dont like it. For those that do not like it they can write their congressperson to ask for change in the appeal system so that new evidence is simply not allowed if they wish. But because it is allowed you are within your rights to do so.

I was just updating simply because I wanted to help ones who will face the same problem as me. If I win they can follow these steps. If I loose they can know they should nt follow what I have done. Nothing more nothing less.

If u look at this thread no one actually helped. After getting their negetive replies I researched and researched and found out Most  of them were commnting without knowing a lot of things. 

Everytime I talk to any lawyer they  say we have big chance to win this case. Everytime I post  here someone new comes up nd says you are wasting ur money. 

Im only updating to help people who will face the same.otherwise why im keep updating every single details after so many demotivated comment? Do u find any other reason?

3 minutes ago, Villanelle said:

Basically what its saying is in general new evidence is not suppose to be submitted with an appeal. It talks about priority dates- which in some cases are very important as the wait is so long. Because of the long wait many people send incomplete packets to get a spot in line. USCIS does not like this. No one really likes that. So if someone doesnt have everything they need they can not file to get a place in line and then plan to use the RFE system to submit evidence later or tries to use the appeal system to submit it. Thats not what the RFE/appeals system is for. The appeals system is suppose to be used for reviewing a decision again, not a process for submitting evidence you should have submitted prior. Some people also abuse the system by filing frivolous appeals or petitions. 

 

It also talks about how they are not completely heartless and understand by not accepting your evidence they are sending you back to the front of the line - and they dont want to do that either. But if the new evidence is something they already RFE'd you for (which in your case they did ask for DNA and you just chose to not submit it at that point) then they are more free to deny you the chance to submit it on appeal whereas if they didnt ask for it they can give you a second chance. 

 

Bottom line is they have discretion. They can accept your new evidence but they do not have to. 

 

You have to understand that this issue is taken extremely seriously by some users. You didnt submit the proper documents, you failed to respond to the RFE with proper documents, now you are asking on appeal for a 3rd chance.  Some people find that offensive and will not want to help you with this. 

 

I guess i should stop updating then.thanks

20 minutes ago, Nitas_man said:

I have no further comment on this case.  Good luck.

What about it

 https://www.hoppocklawfirm.com/it-never-hurts-to-ask/

1 minute ago, Nitas_man said:

I have no further comment on this case.  Good luck.

Why brother?

16 hours ago, Nitas_man said:

You see what Geo posted?  You have to prove they made an incorrect decision based on the evidence you presented.

They aren’t asking for more evidence here.  Either way good luck.  Your lawyer is terrible.  The time to make a “strong case” is when you are afforded the opportunity to present new evidence.  Instead he / she put together a weak case and got you officially and thoroughly denied.  Two whole pages of denied.

On 11/29/2019 at 3:03 PM, Going through said:

Many here advised refiling with the new DNA test as the better option to an appeal. 

 

OP's choice, though, of course.  He's already said money is no object, so paying new filing fees later on shouldn't be any problem if the appeal is denied.

 

Just to clarify---All DNA tests have been completed and submitted , or just the one by your father in the US?

 

As mentioned on Page 1 of this thread, an appeal is generally successful only if the applicant can prove that the decision was incorrect based on the evidence provided at the time of filing.  That's basically what the denial letter means when it states "if  you have additional evidence that shows THIS decision is incorrect.  USCIS was correct in denying the application based on the evidence they received at the time.  Appeals are generally not based on new evidence submitted entirely, but rather evidence showing the original submission was complete in all evidence sent and garnered an approval.  The original submission, based on the letter you received, was not complete in evidence/the evidence was not sustainable to the benefit sought....that's why many of us suggested that it was better to refile, in this instance.

 

Keep us updated on how it goes.

 

 

What does it says? Could u pls explain in short? 

9 hours ago, Rasel_Cool said:

Changed the old lawyer already.

 

Tired  of replying same thing again and again. USICS will review the appeal for 2 months and then will forward to BIA. We have done DNA with additional 6 more evidence. Lets see what comes out. 

 

We couldhv refile again but we will wait for the appeal reply. If denied we will refile again 

What does it says? Could u pls explain in short? 

can someone read this PDF file and explain what it is trying to say. I am not a man of law its getting difficult for me to understand . SO please can u tell what exactly It is trying to say about new evidence ?

2015,0303-Whalen.pdf

6 hours ago, Nitas_man said:

You see what Geo posted?  You have to prove they made an incorrect decision based on the evidence you presented.

They aren’t asking for more evidence here.  Either way good luck.  Your lawyer is terrible.  The time to make a “strong case” is when you are afforded the opportunity to present new evidence.  Instead he / she put together a weak case and got you officially and thoroughly denied.  Two whole pages of denied.

Changed the old lawyer already.

Tired  of replying same thing again and again. USICS will review the appeal for 2 months and then will forward to BIA. We have done DNA with additional 6 more evidence. Lets see what comes out. 

We couldhv refile again but we will wait for the appeal reply. If denied we will refile again 

5 minutes ago, Going through said:

Many here advised refiling with the new DNA test as the better option to an appeal. 

 

OP's choice, though, of course.  He's already said money is no object, so paying new filing fees later on shouldn't be any problem if the appeal is denied.

 

Just to clarify---All DNA tests have been completed and submitted , or just the one by your father in the US?

 

As mentioned on Page 1 of this thread, an appeal is generally successful only if the applicant can prove that the decision was incorrect based on the evidence provided at the time of filing.  That's basically what the denial letter means when it states "if  you have additional evidence that shows THIS decision is incorrect.  USCIS was correct in denying the application based on the evidence they received at the time.  Appeals are generally not based on new evidence submitted entirely, but rather evidence showing the original submission was complete in all evidence sent and garnered an approval.  The original submission, based on the letter you received, was not complete in evidence/the evidence was not sustainable to the benefit sought....that's why many of us suggested that it was better to refile, in this instance.

 

Keep us updated on how it goes.

 

 

Btw USICS review the appeal first  for 2 months and they can approve if they think everything alright.otherwise they forward to BIA. 

All dna test sample submitted. Imean everyone is done. 

We are gonna win Hopefully. We have provided almost 6 Additional documents. All of them are strong. It will be tough for atleast USICS to deny

1 hour ago, Nitas_man said:

The letter says a new petition is required.

 

This decision is based on the evidence you provided, and there is no opportunity to provide any new evidence.

 

My view:  You are wasting money and time filing an appeal here.

The letter says if u disgree with the decision and more additional evidence that show the decision is incorrect u may appeal within 30 days.dont know where u saw the letter says u need a new petition. Weird  

11 minutes ago, ihsan said:

That was quick , now lets hope everything goes ok.

Q.  What happens when I file an appeal to the AAO?

A.  When you appeal a decision to the AAO, the USCIS office that made the original decision will first review the appeal to determine whether to take favorable action and grant the requested immigration benefit. During this “initial field review,” the reviewing office will either treat the timely appeal as a motion to reopen or a motion to reconsider and approve the application or petition; or forward the appeal and the related record of proceedings to the AAO to issue a new decision.

DNA sample delivered today

On 11/22/2019 at 1:47 AM, Going through said:

The processing would have started around the 7th when they received your appeal package.  Best of luck with it.

I found it in this forum 

1 minute ago, Going through said:

 

They updated the date of birth info for your case.

 

 

I mean i know that. But it was always the same. Why have they updated now? Does it mean case process started or something like that?   

On 11/16/2019 at 2:11 AM, Going through said:

I agree---considering the amount of time you've waited thus far to get to this point, another 6-8  months will feel like a walk in the park, so to speak.  Hopefully it all works out, if not the option to refile is there.

What does it mean

Update: Got Received Mail 

 

Case Was Received

On November 7, 2019, we received your Form EOIR-29, Notice of Appeal from Decision of District Director, Receipt Number WAC*************************, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by December 7, 2019, contact the USCIS Contact Center at www.uscis.gov/contactcenter. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.