1-130 denied lawyer made mistake on application

[dollyhouse 0]

I am a USC and filed an I-130 for mother using a lawyer. It appears that the lawyer made a mistake on the application. As such, the name on the application did not match the birth certificates submitted for both me and my mother. I received a RFE last month and the lawyer went ahead and made the correction. However, I received a denial letter today stating that substantial evidence was not submitted. What do I do? Would appreciate your advice.

[Inky 1,111]

I am a USC and filed an I-130 for mother using a lawyer. It appears that the lawyer made a mistake on the application. As such, the name on the application did not match the birth certificates submitted for both me and my mother. I received a RFE last month and the lawyer went ahead and made the correction. However, I received a denial letter today stating that substantial evidence was not submitted. What do I do? Would appreciate your advice.

Fire the lawyer, start all over again sadly. Follow the guides on VJ, they are quite good.

[Hypnos 6,578]

If your lawyer cannot get a simple thing like that right then it's time to toss him to the curb.

[dollyhouse 0]

Fire the lawyer, start all over again sadly. Follow the guides on VJ, they are quite good.

Thank you for the response. I would really hate to re-file again, pay another $480 and have to wait for another 7-8 months to have application reviewed. The denial notice i received states I have 30 days to appeal. Do you think its worth filing an appeal instead?

[Waiting234 18]

Thank you for the response. I would really hate to re-file again, pay another $480 and have to wait for another 7-8 months to have application reviewed. The denial notice i received states I have 30 days to appeal. Do you think its worth filing an appeal instead?

If you do, use a different lawyer or try it yourself! I would try that first vice starting over... Make sure you enclose enough evidence. This site tells you everything you need in the "Guides section"

[Inky 1,111]

Thank you for the response. I would really hate to re-file again, pay another $480 and have to wait for another 7-8 months to have application reviewed. The denial notice i received states I have 30 days to appeal. Do you think its worth filing an appeal instead?

You can possibly attempt to appeal - fire the lawyer and do a very well worded letter as to the fact the lawyer messed up your application, that you have since fired the lawyer and include in the appeal all the evidence that you can.

[dollyhouse 0]

If you do, use a different lawyer or try it yourself! I would try that first vice starting over... Make sure you enclose enough evidence. This site tells you everything you need in the "Guides section"

Ok. Thank you. I will do as you suggested.

You can possibly attempt to appeal - fire the lawyer and do a very well worded letter as to the fact the lawyer messed up your application, that you have since fired the lawyer and include in the appeal all the evidence that you can.

Ok. Thank you. Will do that.

[dollyhouse 0]

I am a USC and filed an I-130 for mother using a lawyer. It appears that the lawyer made a mistake on the application. As such, the name on the application did not match the birth certificates submitted for both me and my mother. I received a RFE last month and the lawyer went ahead and made the correction. However, I received a denial letter today stating that substantial evidence was not submitted.

I have decided to re-file with the correct documentation this time and without using a lawyer. I am having my mom get an affidavit from the National population council to state that her name was abbreviated for ease of pronunciation and also getting a notarized affidavit from my grandmother and my aunt (mom's elder sister) to state the same thing. The problem is that my mom's name is abbreviated on my bc but written in full on her bc. Is this going to be enough evidence to show relationship? Please help.

[Gar9 5]

I am a USC and filed an I-130 for mother using a lawyer. It appears that the lawyer made a mistake on the application. As such, the name on the application did not match the birth certificates submitted for both me and my mother. I received a RFE last month and the lawyer went ahead and made the correction. However, I received a denial letter today stating that substantial evidence was not submitted.

I have decided to re-file with the correct documentation this time and without using a lawyer. I am having my mom get an affidavit from the National population council to state that her name was abbreviated for ease of pronunciation and also getting a notarized affidavit from my grandmother and my aunt (mom's elder sister) to state the same thing. The problem is that my mom's name is abbreviated on my bc but written in full on her bc. Is this going to be enough evidence to show relationship? Please help.

==========================================================================================================

Hi 'de-law' !

While I wish you good luck , shall appreiate if you could enlighten on the following points -

1.0 In the RFE you received , did they clearly inform you that there is (mother's - abbreiated) name problem or otherwise it was a vague querry . I am wondering as to why this was not taken care of while replying to RFE ?

2.0 Incase you could not submit appeal in the given period for some unforeseen reasons , god forbid , the petition will be rejected . Will this rejection be for ever or one can request a REVIEW ? The question is after how many months one can again initiate a new pettion ? Is there any gap period ?

Thanks in advance .

==========================================================================================================

Edited April 21, 2013 by Gar9

[Villanelle 4,122]

First of all- the lawyer DID NOT make a mistake with the names on the application per say. No matter how he filled it out he cant change the fact that your mother has 2 different names. One on your BC and one on her own.

What he couldve done is what you are suggesting you are going to do now (which I dont know if you have or not) is send in all the stuff now explaining the discrepancies in names.

Heres a basic overview of your options and the reasons why you MAY want to chose one option over the other. I dont know if deadlines have passed or not yet, or if you sent anything else in or not yet though.

Your first 130 got sent in and you got the RFE. You had a limited window to respond. That was the point where the stuff shouldve been submitted showing the discrepancy in names. It wasnt. Hence the denial. You now have another limited window to appeal that denial. The question is going to be can you win if you appeal the denial? The answer is maybe. Honestly with out knowing exactly what the lawyer submitted in response- but it sounds like it wasnt sufficient- they were correct to say it was insufficient. They may allow you to squeak by though in appeal if you submit the stuff they want in appeal as they have what they need or they may say- nope we were correct to deny you when we did, our denial stands (most likely whats going to happen) as the appeal to the denial is not a second shot at an RFE.

I believe the motion to appeal something like this is not going to be free or rather waived, and the only reason someone would seek it out would be if they were trying to hold on to a priority date from the first 130 as a last ditch effort. You as a citizen do not have a priority date, and since its most likely going to be denied, your best bet is to file the new 130.

(Unless you do believe the lawyer did submit enough stuff with the RFE and you think they shouldve approved it- then appeal it- but again it sounds like he didnt since you are mentioning now getting affs and proof of stuff)

So you probably want to send in the new 130 asap to get this moving again since you lost so much time already. I would send it in with as much proof as you can about the name discrepancy to avoid an RFE. If you get one, youd have to deal with it and see what else they are looking for as proof. Respond if it comes and if its denied still then youd have no choice but to go through the appeal process on that one as you did comply with the RFE.

[Gar9 5]

First of all- the lawyer DID NOT make a mistake with the names on the application per say. No matter how he filled it out he cant change the fact that your mother has 2 different names. One on your BC and one on her own.

What he couldve done is what you are suggesting you are going to do now (which I dont know if you have or not) is send in all the stuff now explaining the discrepancies in names.

Heres a basic overview of your options and the reasons why you MAY want to chose one option over the other. I dont know if deadlines have passed or not yet, or if you sent anything else in or not yet though.

Your first 130 got sent in and you got the RFE. You had a limited window to respond. That was the point where the stuff shouldve been submitted showing the discrepancy in names. It wasnt. Hence the denial. You now have another limited window to appeal that denial. The question is going to be can you win if you appeal the denial? The answer is maybe. Honestly with out knowing exactly what the lawyer submitted in response- but it sounds like it wasnt sufficient- they were correct to say it was insufficient. They may allow you to squeak by though in appeal if you submit the stuff they want in appeal as they have what they need or they may say- nope we were correct to deny you when we did, our denial stands (most likely whats going to happen) as the appeal to the denial is not a second shot at an RFE.

I believe the motion to appeal something like this is not going to be free or rather waived, and the only reason someone would seek it out would be if they were trying to hold on to a priority date from the first 130 as a last ditch effort. You as a citizen do not have a priority date, and since its most likely going to be denied, your best bet is to file the new 130.

(Unless you do believe the lawyer did submit enough stuff with the RFE and you think they shouldve approved it- then appeal it- but again it sounds like he didnt since you are mentioning now getting affs and proof of stuff)

So you probably want to send in the new 130 asap to get this moving again since you lost so much time already. I would send it in with as much proof as you can about the name discrepancy to avoid an RFE. If you get one, youd have to deal with it and see what else they are looking for as proof. Respond if it comes and if its denied still then youd have no choice but to go through the appeal process on that one as you did comply with the RFE.

====================================================================================

Hi !

As suggested by you " best bet is to file a new I-130 after denial " .

Would like to know if there is any gap period between the Ist and 2nd I-130 filing. ? Is there any limitation on no. of I-130s filed in one year or so ? Thanks

====================================================================================

Edited April 22, 2013 by Gar9

[Villanelle 4,122]

You can file as many 130s as youd like and can afford. (I guess) but why would want to is the question?

What to keep in mind- If you are an LPR- you have to watch the priority dates. The USCIS site explains it in technical language. In plain English- its the last one that counts. So if Im an LPR and I file one on Jan 1 and its accepted and my date is Jan 1 and then another on Feb 1 and my date is Feb 1 based on the second one/ My priority date is Feb 1.

The first form is pretty much cancelled out by the second one. I lost my date of Jan 1 by filing the Feb 1 form. USCs dont have priority dates per say. They get a date immediately. So in the OPs situation it doesnt matter. He didnt lose his date because a new date will become immediately available when he files again. (If he was an LPR he may have wanted to pursue the appeal to retain the date of the initial 130- I dunno, he wouldve had to decide that for himself based on a lot of factors, but again its not relevant here)

The only other thing to consider when filing multiple 130s is the fact that you are in fact filing multiple petitions of the same kind and it can trigger a fraud alert on you. Forms are not free and there is no reason to file more then one. (esp if you put different variations of info on them) They are going to see the variations and be like ####### is up with this? So expect them to look a bit harder at them and take a bit longer to sort through them, but as long as you are not committing fraud- theres no issue.

But again that bring you back to the original question of why would you submit multiple 130s? People dont do it for fun. Theres always some other deeper issue.

[Gar9 5]

You can file as many 130s as youd like and can afford. (I guess) but why would want to is the question?

What to keep in mind- If you are an LPR- you have to watch the priority dates. The USCIS site explains it in technical language. In plain English- its the last one that counts. So if Im an LPR and I file one on Jan 1 and its accepted and my date is Jan 1 and then another on Feb 1 and my date is Feb 1 based on the second one/ My priority date is Feb 1.

The first form is pretty much cancelled out by the second one. I lost my date of Jan 1 by filing the Feb 1 form. USCs dont have priority dates per say. They get a date immediately. So in the OPs situation it doesnt matter. He didnt lose his date because a new date will become immediately available when he files again. (If he was an LPR he may have wanted to pursue the appeal to retain the date of the initial 130- I dunno, he wouldve had to decide that for himself based on a lot of factors, but again its not relevant here)

The only other thing to consider when filing multiple 130s is the fact that you are in fact filing multiple petitions of the same kind and it can trigger a fraud alert on you. Forms are not free and there is no reason to file more then one. (esp if you put different variations of info on them) They are going to see the variations and be like ####### is up with this? So expect them to look a bit harder at them and take a bit longer to sort through them, but as long as you are not committing fraud- theres no issue.

But again that bring you back to the original question of why would you submit multiple 130s? People dont do it for fun. Theres always some other deeper issue.

============================================================================================================

Hi !

I meant "Filing of 2nd I-130 with ADDITIONAL DOCS/INFO , only if the Ist I-130 is rejected for insufficient evidence " .

No one will file multiple I-130s only for fun . Thanks

===================================================================================================================

[Villanelle 4,122]

I think we are kind of going around in circles a bit here--

Ive given you lots of information- take from it what you need. Every situation is different. Youre asking filing another 130.. Okay.

So you file a 130. You get an RFE. Your are denied. (Assuming because you failed to meet the RFE). Well now your case is closed. You no longer have any business with the USCIS. To them you no longer exist. You can file again whenever you like. You dont have multiple petitions going like above where priority dates can cancel each other out- because well- like I just said- your prior case was closed.

But as in the post above they will go back when your second 130 comes in and look at your first 130. Just like they look at previous visa applications, just like they look at the intending immigrant to see what visas they applied for in the past. Theres a record of everything you ever submitted to them. It never goes away or gets shredded. If your second 130 just contains additional docs and info- great. If your second 130 contains conflicting docs or info then the first 130- youre going to have a problem.

(I think maybe what you are asking is if the 130 is like the K1? If you can trigger a need for a waiver if you file too many in a short period of time? The answer would be no.)

As I explained you just have to watch if your an LPR that if you have active petitions you dont cancel out priority dates unintentionally, and if youre submitting multiple petitions it can trigger fraud indicators on you- which basically is a false red flag. Its an auto detect built into the system.

A guy who is up to no good may submit a 130 showing certain info and then attempt to rectify it by sending in another with different info. He thinks, I can get away with this because I canceled the first one by sending in the second one. He wont because he gets the 'multiple petition flag'.

You sent in your 130. Got denied for failing to meet the RFE. Sent in the same 130 with the correct docs. Guess what. You get the same flag. The flag works. You wont notice the flag on your end, you wont even notice the delay of the flag (hopefully) Unless you call up and find out your case is with an adjudicator and they are working on it, you wont even know how long its taking them to sort through it and look at your previous petitions. But again, youre not committing fraud, so you have nothing to worry about.