I-130 got denied

[Crazy Cat 42,332]

17 hours ago, Mariane said:

@geowrian

 

Well, USCIS asked for more supporting documents for a benefit that my brother can get (I'm guessing it's the CSPA law) and since my dad relocated a lot, he did not get any of the letters that USCIS sent. Thus, USCIS denied his case.

Not a good reason for appeal in my opinion.  Perhaps a good immigration attorney can help.

[Unlockable 7,315]

Sometimes you get the news you don't want to hear. Unfortunately, immigration is an extremely difficult process and ignorance (not knowing) is not forgivable by USCIS.

 

To even have a chance for an appeal she will have to show that USCIS may have been at fault. They weren't

 

It may have seem harsh but the OP has learned a valuable lessen. Anyone, including herself, that has active case(s) with immigration has the burden of responsibility to know all the laws, rules, and policies involved. Including directly informing USCIS of ALL address changes.

[jakelake 222]

23 hours ago, Mariane said:

Hi all,

 

I just want to share a story and see if anyone here has the same situation as my brother.

 

Our dad petitioned my brother who was 20 yrs old at the time (1998). Our dad relocated a lot and was not able to update his mailing address at USCIS. My brother's case was denied in year 2004. My question is, is it too late to file an appeal for his case? If we are to file again, it will take at least 15-10 years before his priority date becomes current even though he is not yet married and my dad is a US citizen. 

 

PS: My brother is in the Philippines and still not married but lives with his long time gf together with their 13 years old son.

 

No offense but it has been 13 years since the denial and 19 years since the petition was filed and now you and your family are wondering about that. The time to have appealed would have been 2004 or 2005.

 

The fact that the denial was 6 years later is an indication that USCIS probably sent letters and gave plenty of time to appeal.