USCIS Denied I-130 petition need help

[Anthony72 0]

Hello everyone,

I'm a newbie, please help me out.

I filed petition I-130 for my daughter in February/2010. In June/2010, I received the RFE from USCIS request for an DNA testing and some more evidence to prove our relationship exist before my daughter 18 yrs old(she is now 13 yrs old). I have submited all of documents that they requested such as pictures, money transfer receipts, letters from my family members...included the DNA Result ( 99.99% match, sent to USCIS by LapCorp). But today, I received an email update from USCIS. The email said that USCIS just sent to me Denial Decision......I dont know why they denied this case? Does the USCIS system has something wrong? If no, what do I do next, after received Denial letter?

Thanks for help and sorry for my bad English.

[ghanagal 2]

Hmm not sure but I would call Marc Ellis he just got my husbands visa denial reaffirmed. He is the best.

www.marcellislaw.com

713-898-7091

[RightClicK 17]

Hello everyone,

I'm a newbie, please help me out.

I filed petition I-130 for my daughter in February/2010. In June/2010, I received the RFE from USCIS request for an DNA testing and some more evidence to prove our relationship exist before my daughter 18 yrs old(she is now 13 yrs old). I have submited all of documents that they requested such as pictures, money transfer receipts, letters from my family members...included the DNA Result ( 99.99% match, sent to USCIS by LapCorp). But today, I received an email update from USCIS. The email said that USCIS just sent to me Denial Decision......I dont know why they denied this case? Does the USCIS system has something wrong? If no, what do I do next, after received Denial letter?

Thanks for help and sorry for my bad English.

Hey

You need to send a request through USCIS and find the reason for the denial and if its a true news then you will need to apply for appeal .

Best regards

Sam

[Darnell 8,479]

it may be a mistake. call USCIS service center, get a human (not easy to do)

explain a bit about what's going on

and then

ask to speak to an immigration specialist. Ask them to review stuff on the computer, ask about evidence submitted, ask about any possibility of missing the RFE deadline, and then ask for an 'eyeball review' of the casefile.

The immigration specialist cannot actually do the 'eyeball review', but will make the request into the proper group.

Don't waste time on the first human that answers the phone.

Somethings wonky, maybe, and it's up to you to figure it out.

the letter with the 'denial decision', alas, contains the exact reasons why it was denied.

The email notification that you are GETTING this letter, alas, USUALLY does not contain the exact listings / items about the denial decision.

Edited August 26, 2010 by Darnell

[LIFE'SJOURNEY 970]

Hello everyone,

I'm a newbie, please help me out.

I filed petition I-130 for my daughter in February/2010. In June/2010, I received the RFE from USCIS request for an DNA testing and some more evidence to prove our relationship exist before my daughter 18 yrs old(she is now 13 yrs old). I have submited all of documents that they requested such as pictures, money transfer receipts, letters from my family members...included the DNA Result ( 99.99% match, sent to USCIS by LapCorp). But today, I received an email update from USCIS. The email said that USCIS just sent to me Denial Decision......I dont know why they denied this case? Does the USCIS system has something wrong? If no, what do I do next, after received Denial letter?

Thanks for help and sorry for my bad English.

Was everything sent within the correct time-frame? If they gave you 30 days to submitt the information, did you meet that time frame ?

[Anthony72 0]

Was everything sent within the correct time-frame? If they gave you 30 days to submitt the information, did you meet that time frame ?

Thanks to everyone for help me. I will try to explain my case with my bad English.

I received RFE on May 26/2010, deadline is August 9/2010. USCIS needs more evidence and DNA testing form me. I contacted DNA Lab a day after I've got RFE,the Lab under USCIS listed (AABB Member). I went to the lab to obtain my DNA sample on June 1, and the US Consulate in Vietnam got DNA kit for my child on June 1. But, they took too long to process. My child has appoitment to US Consulate to obtain DNA sample on July 28. It's only 10 days left to the deadline date. On August 3, I submit evidence as requested to USCIS and received email that USCIS got them on August 6. That's means my RFE submitted on time. I also wrote a letter to explain to them how the DNA result maybe late and tell them give me a litle extra time just in case if DNA result cannot be submit on time. And, according to the tracking number that LapCorp gave to me. The USCIS received DNA result on August 11. Two days late to the deadline date. As you know, the DNA testing is out of my control. It depends on how US Consulate process, in my case, it stuck 2 months at US Consulate. Plus the time for shipping DNA kit from here to Vietnam, time to returning DNA sample from Vietnam to the Lab in US, time to the lab testing, time for the lab mailling DNA result to USCIS...The 84 days for RFE is not enough for this. I'm very disapointed if the USCIS has denied my case by this reason.

I'm not receive the Denial letter yet, but I hope it will be Approval Notice like some people said they received the letter form USCIS diffirent in what they saw on USCIS online status. For example, they received Finger Print letter, but the USCIS online status shows the case has been denied.

Any ideas? Thanks again

[Darnell 8,479]

any ideas? yup - http://www.visajourney.com/forums/topic/271475-uscis-denied-i-130-petition-need-help/page__view__findpost__p__4156409

and then plead with the immigration specialist to accept the results past the deadline.

[Harsh_77 718]

I think you can call USCIS and talk to someone, maybe even floor manager (I hope they have one I have never talked with one) I am sure they would be able to accomodate you for 2 days.

If that was the only reason they denied your I-130.

[boilermaker 1]

if they denied you because they didn't receive proof before deadline, then you might have to submit another application with the DNA evidence you have now; or request appeal/ hearing. Whichever is cheaper. Nothing stops you to submit another application. How long did it take you to get denial notice from time you submitted application?

[Anthony72 0]

Thanks for your reply.

I'm still waiting for denial letter from USCIS. After a day searching over Internet, I can guess that the reason is my child's birth certificate delayed. In RFE, USCIS requested more explain and evidence for that. I wrote the letter to USCIS to explain how the birth certificate delayed and included her school record as they mentioned. Does everyone think is that enough or this is the reason of denied?

- I submitted RFE on Aug 03, USCIS received them on Aug 06 (deadline on Aug 09)

- USCIS received DNA Result directly from the Lab on Aug 11.

- I've got Email case update on Aug 25.

Also, I need to know how long it takes if I file Motion to re-open this case? Please someone help me out.

Thanks

[Darnell 8,479]

i smell nothing wrong with my plan. it takes some finagling over the telephone. Let me know if you have any issues with my plan?

The thing you need to avoid, is to have any 'refile' or 'request to re-open' - as it adds in an inordinate amount of time.

OK, I get it - the items arrived late. Big Deal. You need to convince an immigration specialist at USCIS (not the first human you speak to, btw) that although it's a bit late, you DID get all handled , and you DID notify them, in writing, that some of the things would be arriving late. AND THEN (big breath) - you will need to convince an immigration specialist, over the phone, to send in the order to re-evaluate all of the evidence submitted and waive the cut-off date. This can happen, over the phone, but ya gotta be persistent, and not take no for any answer.

Good Luck !

Edited August 28, 2010 by Darnell

[Anthony72 0]

I haven't receive denial letter yet. So stressful now, I dont know what happened, something wrong with case update system or ......It's been 6 days already, I normally received letters from USCIS within 3 days

PS : The system updated my case everyday. The first, when I received the email notifying my case update, the system shows the case updated on Aug 25. Next day it shows updated on Aug 26. and the next was on Aug 27, and today it shows updated on Aug 30. Is it normal?

Edited August 30, 2010 by Anthony72

[Darnell 8,479]

Anthony - those are 'touches' - it's hard to really forecast what's going on, based on a touch.

It is possible to understand what's going on, though, when you talk to a Tier 2 Immigration Service Officer (ISO) at USCIS.

please, if you won't take my advice, and actually make the phone call into USCIS -

would you at least READ this --> http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

and get some understanding of what Tier1 vs Tier2 is, and the usefulness of contacting an ISO ?

Thanks in advance !

[Anthony72 0]

Anthony - those are 'touches' - it's hard to really forecast what's going on, based on a touch.

It is possible to understand what's going on, though, when you talk to a Tier 2 Immigration Service Officer (ISO) at USCIS.

please, if you won't take my advice, and actually make the phone call into USCIS -

would you at least READ this --> http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

and get some understanding of what Tier1 vs Tier2 is, and the usefulness of contacting an ISO ?

Thanks in advance !

Thank you very much, you're very nice to me. I will do as you advised.

[Anthony72 0]

Finally, I've got the denial letter today. The letter said that USCIS denied my case with 2 reasons

1/ They didn't received the DNA Result (According to Fedex tracking number, the USCIS received it on Aug 11, I dont know why they said they didn't)

2/ The school record that I submitted was not enough to prove the Birth Certificate delayed.

They gave me an option to re open this case within 30 days from Aug 25. And the fee will be pay for that is $110.

I contacted the Lab where is sent the DNA Result to USCIS. They just gave me the proof that USCIS received DNA Result on Aug 11 as I saw on tracking number. They said that they are unable to resolve this issue and tell me contact to USCIS(???)

I'm so stressful now, someone please help me what I need to do with this problem. Thank you very much