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CanTex

Appeal Denied

By CanTex in IMBRA Special Topics

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CanTex Explorer

CanTex   1

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted (edited)

Our Appeal was filed, by our lawyer, July 2013. In March it was sent from USCIS to AAO. Just received the letter yesterday from AAO that our application and appeal are denied.

We could not fight the AWA part, as it did fall under the Act. We provided pysch evals, letters, Affidavits, etc. It all came down to that because of those 3 cases from the summer that AAO is not able to get involved in this part of the Appeal. It is solely the discretion of the Secretary.

Our lawyer had filed a 2nd I130 back in August, in case our Appeal was denied. Does anyone know if we have to file Adjust mentof Status forms and the EAD and AP for this new I130? I can't think that the old one would still be active if our original I130 has been denied, but again not sure.

Everyone that has their Appeals sitting at AAO, good luck.

Edited by CanTex
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kazuava Contributor

kazuava   4

Posted
Filed: AOS (pnd) Timeline
Posted

You don't have to file AOS and AP because until they approve the I130 they will not grant those two, but USCIS will cash the check. The fees for AOS rose significantly - there is no reason to pay it right now. I believe you will have to submit new AOA and pay new fee for it.

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