I-130 and I-485 denied - A similar reason like Brucelene's case

[C0881 2]

I-130 and I-485 denied - A similar reason like Brucelene's case.

USCIS letter said they mailed request for further evidence. But neither did we or our lawyer received the copy. We are skeptical that both copies got lost in the mail. The deinal letter says my EAD been revoked even though it does not expire until this fall.........

We are going to appeal....

Thanks for watching this topic...

[crazytime 0]

I-130 and I-485 denied - A similar reason like Brucelene's case.

USCIS letter said they mailed request for further evidence. But neither did we or our lawyer received the copy. We are skeptical that both copies got lost in the mail. The deinal letter says my EAD been revoked even though it does not expire until this fall.........

We are going to appeal....

Thanks for watching this topic...

[Darnell 8,479]

kick the lawyer into action, for tuesday fax-o-rama.

Good Luck !

[crazytime 0]

Our I-130 and I-485 was also denied, but a lawyer advised us instead of fighting USCIS to wait to go in front of a judge! Then flask the judge for more time to prepare a good case! So we will see what's gonna happen.We pray God he will keep us together for our son and our love! Good luck to everyone

[C0881 2]

Our I-130 and I-485 was also denied, but a lawyer advised us instead of fighting USCIS to wait to go in front of a judge! Then flask the judge for more time to prepare a good case! So we will see what's gonna happen.We pray God he will keep us together for our son and our love! Good luck to everyone

I am not sure if I understand you correctly? You mean you are not gonna appeal the i-130 and just wait to go to your removal proceeding hearing resuled from the i-485 denial? If you don't at least appeal the i-130 first, the immigration judge at the removal proceedings will not have any ground to re-open the case because there will be no status change on the denied i-130. However if you file an appeal first for the denied i-130, then when you go to your removal proceeding hearing, you can show the judge that your spouse's peitition is being appealed therefore the judge hopefully could suspend your removal (or deportation or voluntary departure). If I have misunderstood you, please clarify. I am so sorry to hear another denial.....

[music678 0]

I am not sure if I understand you correctly? You mean you are not gonna appeal the i-130 and just wait to go to your removal proceeding hearing resuled from the i-485 denial? If you don't at least appeal the i-130 first, the immigration judge at the removal proceedings will not have any ground to re-open the case because there will be no status change on the denied i-130. However if you file an appeal first for the denied i-130, then when you go to your removal proceeding hearing, you can show the judge that your spouse's peitition is being appealed therefore the judge hopefully could suspend your removal (or deportation or voluntary departure). If I have misunderstood you, please clarify. I am so sorry to hear another denial.....

Hi C0881,

Sorry to hear that you were denied. When I heard about AWA in late 2009, I went to this site and saw your situation first. I was a little bit scared and my husband and I thought of leaving the US and live in my home country and start our lives there if worst things happen on my application. I research anything about AWA and went for infopass appointment to ask for our status coz in the uscis.gov site, it is not updated. I'm happy that we did infopass coz USCIS never stopped in reviewing our case. 60 days after we sent our NOID evidence, we received our notice for an interview. We already had our infopass appointment on the 63rd day from the time we sent our NOID evidence but we cancelled it coz we receive the Notice for an interview. We had our interview and it was really short interview, IO didn't ask anything about my husband's case, he just ask for joint accounts and that's it. We left the immigration office with lots of questions in our mind as the IO didn't say anything if we are approved or denied. This weekend and it's also holiday, no changes in my status in uscis.gov but this morning, I look it up again and it says, "ordered new card". This afternoon, i received in the mail the Notice of Action for I=130 addressed to my husband and it sayd that he is approved and is able to petition his wife. It takes us 10 months since we filed the adjustment of status.

We had sleepless nights thinking about our application. But now, we are happy that we are approved. I hope, you won't lose hope and fight for your family to be together whatever happens. Godbless always.

[siciliantizio1979 0]

We received the denial for the I-130 last Friday and were crushed. I didn't know what to feel, I just hugged my 18 month old son and called my husband as he was still working. I scheduled an appointment with my lawyer this week and we will discuss what we will do. For sure we will file an appeal. The letter said the EAD has been cancelled as well as the advance parole, which I never used anyway. We sent our reply to the NOID on July 19th and they took just one month with their decision. They said we did not provide enough proof that my husband poses no risk, we gave a polygraph test, letters from family and friends, background check that he has not had any other crimes, letters from his parole officer that he had expelary behavior, still DENIED! My husband was not required to take any treatment classes. I think they want us to spend all that money for him to go through something that the state did not ask him to do. It's just crazy. I'm still praying that there is a solution to this. We need to act quick if we are filing for an appeal.

C0881, did you hear anything back about your appeal yet?

[C0881 2]

2010-6-24: our lawyer sent off the appeal package for the I-130 by overnight delivery. Packaged was received and signed on 6-25, right on the 30th day since the denial letter was issued.

2010-7-6: received lawyer phone call saying he received a letter from USCIS saying the appeal form he used is not the latest version and the appeal package was rejected. But lawyer said the appeal form he used was downloaded strict from USCIS website one day before he mailed the package out. So it is the current version. Lawyer resubmitted the same package again today asking USCIS not to reject.

2010-7-14: touched but no actual textual update

2010-7-15: touched but no actual textual update

2010-7-19: lawyer received a receipt from USCIS for the I-130 appeal.

2010-7-29: lawyer submitted his brief in support for the appeal and my affidavit for my husband. This brief is not to argue for approval, but to get our 87 days back for the RFE that USCIS claimed to have sent to us back in January while neither we or the lawyer received it.

2010-8-16: EOIR-29 form (appeal for I-130) touched on USCIS website. But no status update.

2010-8-27: received a counter brief from USCIS National Benefits Center towards our appeal for I-130. The brief from USCIS was addressed to BIA but copied us and lawyer in. In their brief, they still said that it was valid to reject our case because they did mail us a NOID or RFE (which we did not receive). They also said we filed an untimely appeal - which according to the certified mail delivery status on USPS, the appeal was delivered on time. Dirty trick on USCIS. They look like they wanted to fool BIA.

[kazuava 4]

2010-6-24: our lawyer sent off the appeal package for the I-130 by overnight delivery. Packaged was received and signed on 6-25, right on the 30th day since the denial letter was issued.

2010-7-6: received lawyer phone call saying he received a letter from USCIS saying the appeal form he used is not the latest version and the appeal package was rejected. But lawyer said the appeal form he used was downloaded strict from USCIS website one day before he mailed the package out. So it is the current version. Lawyer resubmitted the same package again today asking USCIS not to reject.

2010-7-14: touched but no actual textual update

2010-7-15: touched but no actual textual update

2010-7-19: lawyer received a receipt from USCIS for the I-130 appeal.

2010-7-29: lawyer submitted his brief in support for the appeal and my affidavit for my husband. This brief is not to argue for approval, but to get our 87 days back for the RFE that USCIS claimed to have sent to us back in January while neither we or the lawyer received it.

2010-8-16: EOIR-29 form (appeal for I-130) touched on USCIS website. But no status update.

2010-8-27: received a counter brief from USCIS National Benefits Center towards our appeal for I-130. The brief from USCIS was addressed to BIA but copied us and lawyer in. In their brief, they still said that it was valid to reject our case because they did mail us a NOID or RFE (which we did not receive). They also said we filed an untimely appeal - which according to the certified mail delivery status on USPS, the appeal was delivered on time. Dirty trick on USCIS. They look like they wanted to fool BIA.

Nutts! Playing tricks is a low behaviour for everybody, espessialy when it comes from a gov agency! It souldn't hold with BIA! Hope you will get what you want soon! Good bless.

[C0881 2]

Even though they are independent bodies in the government, at this point, I do not know what to expect. They both get paychecks from the government. To VJ moderator: this reply is not a political discussion. Please do not delete my post.

Also to other VJ users: I want this topic/thread to last so that other filiers can share status / information. Thank you for replying to this topic. I understand some other users's posts in the past (not this topic) got deleted by moderators. Please keep discussion within status/information.

[BINIBULE 0]

Hi there, any updates for all your case? my AOS I-130 is fall under AWA, my husband just had biometric appointment, so now we will start with the psychology evaluation and all those stuffs, i just want to know if there is still hope for us. 

please reply it will be helpful, facing this unfair problem alone is hard. thank you, i really appreciate it.

[TBoneTX 46,120]

No one in this thread has logged on to VJ since 2014.  Feel free to start a new topic.

Thread from 2010 is now closed to further comment.