Do I have to refile my I-130????

[Lopay 0]

I have a really complicated case, but I need to know how to get another appointment in CDJ.

I was told in July that my stepdaughter needed an I-212. We got home and started working on it and figured out that the I-212 would be useless. USCIS told us that it would take 18 months to process the I-212 and her ban end in about 10, so by the time they even look at the application, it will not be needed.

So I called CDJ and asked them about this. The guy said that it would probably be a waste of time to file an I-212. I asked him if I would have to re-file my I-130 to get another appointment. He told that I was correct.

I have been reading a lot and I am not sure this is correct. I have been to CDJ twice for the same stepdaughter, and both times my lawyer had me send the application to the Texas Service Center to get an appointment.

My stepdaughter is now 21. Her age is locked in I think at 19 or 20 because of the Child Status Protection Act under the current I-130.

So here are my questions:

1- Do I need to sent the I-130 again to the TSC?

2- If I do send it there, is there any chance it would hurt her status protection?

3- Is it normal to have to send in the I-130 everytime you need an appointment?

4- Can I just send in the DS-230 to CDJ to get another appointment?

5- Will they accept the DS-230 without the I-130 approval, being that they took it in July and should have it there?

6- Will getting an appointment keep the I-130 petition from being considered abandoned? I was told that just calling and talking with CDJ would keep my I-130 open, but that guy told me that the I-130 was cancelled next July.

Help?????

[Lopay 0]

I just got off the phone with the state department's visa hotline and this is what they told me:

(1) they asked me why CDJ told me to refile my I-130. She said that I had been using the same I-130 approval since 2002.

(2) I needed to mail CDJ a letter telling them to keep my petition open

(3) They also said that there would not be any point in filing the I-212 because of time.

(4) they told me that I just needed to call CDJ and request another appointment before a year had passed without any contact with CDJ.

So this is good news. I feel very relieved. So I am going to put a letter in the mail telling them to keep my case open, and then call after Christmas to get anther appointment.

Edited December 21, 2007 by Lopay