I130 Case Denied after sending RFE | f2a & f2b, now appealing (merged)

[SusieQQQ 11,586]

Who knows? Wait till you get the letter and see what it says about why they moved it.

[Rasel_Cool 22]

6 minutes ago, SusieQQQ said:

Who knows? Wait till you get the letter and see what it says about why they moved it.

hoping for the best

[Rasel_Cool 22]

On 10/14/2019 at 3:36 AM, Cathi said:

Well because you didn't send the DNA test that they requested, it is going to take a lot longer than 3 months. You have no appeal, you didn't send what they wanted. Now you have to start all over from the beginning. 

check latest update of my case

[Rasel_Cool 22]

On 10/15/2019 at 1:04 PM, Paul & Mary said:

Yes

 

f2a may not be current once you get your petition approved. 

check latest update of my case. anything good?

[Rasel_Cool 22]

On 1/15/2021 at 12:14 AM, SusieQQQ said:

Who knows? Wait till you get the letter and see what it says about why they moved it.

New notice came. please tell me someone what does it mean?

[Rasel_Cool 22]

On 12/4/2019 at 2:48 AM, Going through said:

That online lawyer suggested to refile again with the proper documentation if denied----so there's that option for you, as confirmed once more.

You can REQUEST that the old priority date be retained, as he suggested, however they are not obligated to.   

 

He seemed more concerned about getting a positive rating from you, nonetheless.

what does it mean

[Rasel_Cool 22]

On 10/16/2019 at 11:20 PM, Paul & Mary said:

It would be good to post the letter here.

new notice came pls check is it good bews

[Pinkrlion 2,718]

It is with the Director, and the Director will make the final decision.

[Rasel_Cool 22]

latest update. how many days will take now? any guess

[Villanelle 4,122]

I believe they have a general timeframe goal of 6 months (if you are detained and appealing), so I would assume if they strive for 6 months or less for those they consider 'urgent' you should expect apx 6 months or more. Due to the pandemic at government offices there is (or was) reduced staff and many offices either shut down for a bit or slowed down as they needed to install various safety methods (like plexiglass and those stickers on the floor telling you how far apart to stand as well as sanitizer dispensers, etc). So keep in mind many places have not been operating as normal which is going to add time to your wait... 

 

I am curious though - on the second image you uploaded you blacked out the persons name at the bottom and in doing so covered up part of the title of the person who signed it. Office of "?" USCIS, DHS. I am assuming it says Office of Chief Consul? Can you confirm thats what it says?

 

The general organization of these agencies are as follows:

 

DHS (covers)--->ICE, CBP, USCIS ----> appeals go to AAO (admin appeals office). 

 

DOJ ----> EOIR---> BIA (board of immigration appeals)

 

There are different ways to file a motion. You can ask for it to be handled by AAO only (so that is all handled under DHS, can be described as being handled internally by USCIS as in the Officer changing their decision or a higher up in DHS approving or maintain the denial) or for it to go to AAO first and if needed be passed to BIA- which seems like the path you are on. In those situations the field office reviews your appeal and prepares a ROP (record of proceedings) and sends it to the USCIS attny (Office of Chief Consul) who then prepares their argument for the BIA. (In the BIA you are on one side and the USCIS attny is on the other side). The ROP can be accessed by using the FOIA at some point in time if you want it but I believe during ongoing proceedings like this its not available, you would have to wait for the proceedings to end to be able to access it that way. 

 

The second image says at the top DOJ- BIA and references your case (in the matter of 'your name') and states DHS's response/position to the appeal DOJ BIA has in front of them now. DHS is saying they request the Board (BIA) to dismiss your appeal. There are various things they could have checked off as their reason for this mainly technical reasons like it wasnt filed correctly but they didnt check any of those. This (most likely) means the delay you had in submitting stuff was not an issue as it was speculated it might be. But with everything submitted they (DHS-AAO) still feel the BIA should 'not disturb the decision' meaning they denied it and want the BIA to agree with their denial (not change it). They say the record as a whole when reviewed will show they were correct in denying it and will rely on the BIA to review it as it is with out further briefing (meaning they are not sending anything additional for BIA to consider like a separate brief).

 

Imagine a scenario like Judge Judy. Judy is the Judge and will rule on the issue. That is the BIA. The two sides in front of her are you and your attny on one side and DHS-AAO represented by their attny- the Office of Chief Consul. Both sides get a chance to lay out their case. You did such in your appeal filings. Their side is presenting your record as a whole and basically saying 'we rest our case'. 

 

Again since I can not see who signed this I am assuming it is was the Office of Chief Consul and this is where you are in the process. Everything has been sent to the BIA-EOIR hence the NOA and updated case status. You also blacked out the dates on the NOA but you did post the images in Jan. Sometimes the online case status system is slow to reflect things but it does take time for things to be sent from place to place- so it appears it took them from Jan to now (March 1) to actually physically get the case to BIA. You should probably start counting how long BIA may take to resolve this based on the latter date of it being given to them March 1. I suppose you could inquire using the phone number and address on the NOA with the BIA about the status and when they did actually receive the case but it wont change the fact that what you need to do now is wait.

 

If the BIA sides with DHS and upholds the denial you can pursue it further by appealing their decision to the Federal Circuit Court but that is an even more complicated process that will cost significant legal fees and you should only consider doing such if the attny feels you have a strong case and a positive outcome is likely. 

[Rasel_Cool 22]

42 minutes ago, Villanelle said:

I believe they have a general timeframe goal of 6 months (if you are detained and appealing), so I would assume if they strive for 6 months or less for those they consider 'urgent' you should expect apx 6 months or more. Due to the pandemic at government offices there is (or was) reduced staff and many offices either shut down for a bit or slowed down as they needed to install various safety methods (like plexiglass and those stickers on the floor telling you how far apart to stand as well as sanitizer dispensers, etc). So keep in mind many places have not been operating as normal which is going to add time to your wait... 

 

I am curious though - on the second image you uploaded you blacked out the persons name at the bottom and in doing so covered up part of the title of the person who signed it. Office of "?" USCIS, DHS. I am assuming it says Office of Chief Consul? Can you confirm thats what it says?

 

The general organization of these agencies are as follows:

 

DHS (covers)--->ICE, CBP, USCIS ----> appeals go to AAO (admin appeals office). 

 

DOJ ----> EOIR---> BIA (board of immigration appeals)

 

There are different ways to file a motion. You can ask for it to be handled by AAO only (so that is all handled under DHS, can be described as being handled internally by USCIS as in the Officer changing their decision or a higher up in DHS approving or maintain the denial) or for it to go to AAO first and if needed be passed to BIA- which seems like the path you are on. In those situations the field office reviews your appeal and prepares a ROP (record of proceedings) and sends it to the USCIS attny (Office of Chief Consul) who then prepares their argument for the BIA. (In the BIA you are on one side and the USCIS attny is on the other side). The ROP can be accessed by using the FOIA at some point in time if you want it but I believe during ongoing proceedings like this its not available, you would have to wait for the proceedings to end to be able to access it that way. 

 

The second image says at the top DOJ- BIA and references your case (in the matter of 'your name') and states DHS's response/position to the appeal DOJ BIA has in front of them now. DHS is saying they request the Board (BIA) to dismiss your appeal. There are various things they could have checked off as their reason for this mainly technical reasons like it wasnt filed correctly but they didnt check any of those. This (most likely) means the delay you had in submitting stuff was not an issue as it was speculated it might be. But with everything submitted they (DHS-AAO) still feel the BIA should 'not disturb the decision' meaning they denied it and want the BIA to agree with their denial (not change it). They say the record as a whole when reviewed will show they were correct in denying it and will rely on the BIA to review it as it is with out further briefing (meaning they are not sending anything additional for BIA to consider like a separate brief).

 

Imagine a scenario like Judge Judy. Judy is the Judge and will rule on the issue. That is the BIA. The two sides in front of her are you and your attny on one side and DHS-AAO represented by their attny- the Office of Chief Consul. Both sides get a chance to lay out their case. You did such in your appeal filings. Their side is presenting your record as a whole and basically saying 'we rest our case'. 

 

Again since I can not see who signed this I am assuming it is was the Office of Chief Consul and this is where you are in the process. Everything has been sent to the BIA-EOIR hence the NOA and updated case status. You also blacked out the dates on the NOA but you did post the images in Jan. Sometimes the online case status system is slow to reflect things but it does take time for things to be sent from place to place- so it appears it took them from Jan to now (March 1) to actually physically get the case to BIA. You should probably start counting how long BIA may take to resolve this based on the latter date of it being given to them March 1. I suppose you could inquire using the phone number and address on the NOA with the BIA about the status and when they did actually receive the case but it wont change the fact that what you need to do now is wait.

 

If the BIA sides with DHS and upholds the denial you can pursue it further by appealing their decision to the Federal Circuit Court but that is an even more complicated process that will cost significant legal fees and you should only consider doing such if the attny feels you have a strong case and a positive outcome is likely. 

We appealed back in 2019 october. still will take more 6 months? 

 

and cheif counsel

 

will we need any oral arguments? 

[Villanelle 4,122]

 

On 3/2/2021 at 1:33 PM, Rasel_Cool said:

We appealed back in 2019 october. still will take more 6 months? 

Yes. You should expect the BIA to take apx 6 months from the time they got it to review it and issue a decision. 

On 3/2/2021 at 1:33 PM, Rasel_Cool said:

 

and cheif counsel

 

will we need any oral arguments? 

I dont expect you would but I cant say for sure. IF they request such you/your attny would be notified of a hearing being set and you would have to discuss with the attny how to prepare. 

[Rasel_Cool 22]

appeal approved

[m mizan 0]

9 hours ago, Rasel_Cool said:

appeal approved

 

[Rasel_Cool 22]

On 3/2/2021 at 11:46 PM, Villanelle said:

I believe they have a general timeframe goal of 6 months (if you are detained and appealing), so I would assume if they strive for 6 months or less for those they consider 'urgent' you should expect apx 6 months or more. Due to the pandemic at government offices there is (or was) reduced staff and many offices either shut down for a bit or slowed down as they needed to install various safety methods (like plexiglass and those stickers on the floor telling you how far apart to stand as well as sanitizer dispensers, etc). So keep in mind many places have not been operating as normal which is going to add time to your wait... 

 

I am curious though - on the second image you uploaded you blacked out the persons name at the bottom and in doing so covered up part of the title of the person who signed it. Office of "?" USCIS, DHS. I am assuming it says Office of Chief Consul? Can you confirm thats what it says?

 

The general organization of these agencies are as follows:

 

DHS (covers)--->ICE, CBP, USCIS ----> appeals go to AAO (admin appeals office). 

 

DOJ ----> EOIR---> BIA (board of immigration appeals)

 

There are different ways to file a motion. You can ask for it to be handled by AAO only (so that is all handled under DHS, can be described as being handled internally by USCIS as in the Officer changing their decision or a higher up in DHS approving or maintain the denial) or for it to go to AAO first and if needed be passed to BIA- which seems like the path you are on. In those situations the field office reviews your appeal and prepares a ROP (record of proceedings) and sends it to the USCIS attny (Office of Chief Consul) who then prepares their argument for the BIA. (In the BIA you are on one side and the USCIS attny is on the other side). The ROP can be accessed by using the FOIA at some point in time if you want it but I believe during ongoing proceedings like this its not available, you would have to wait for the proceedings to end to be able to access it that way. 

 

The second image says at the top DOJ- BIA and references your case (in the matter of 'your name') and states DHS's response/position to the appeal DOJ BIA has in front of them now. DHS is saying they request the Board (BIA) to dismiss your appeal. There are various things they could have checked off as their reason for this mainly technical reasons like it wasnt filed correctly but they didnt check any of those. This (most likely) means the delay you had in submitting stuff was not an issue as it was speculated it might be. But with everything submitted they (DHS-AAO) still feel the BIA should 'not disturb the decision' meaning they denied it and want the BIA to agree with their denial (not change it). They say the record as a whole when reviewed will show they were correct in denying it and will rely on the BIA to review it as it is with out further briefing (meaning they are not sending anything additional for BIA to consider like a separate brief).

 

Imagine a scenario like Judge Judy. Judy is the Judge and will rule on the issue. That is the BIA. The two sides in front of her are you and your attny on one side and DHS-AAO represented by their attny- the Office of Chief Consul. Both sides get a chance to lay out their case. You did such in your appeal filings. Their side is presenting your record as a whole and basically saying 'we rest our case'. 

 

Again since I can not see who signed this I am assuming it is was the Office of Chief Consul and this is where you are in the process. Everything has been sent to the BIA-EOIR hence the NOA and updated case status. You also blacked out the dates on the NOA but you did post the images in Jan. Sometimes the online case status system is slow to reflect things but it does take time for things to be sent from place to place- so it appears it took them from Jan to now (March 1) to actually physically get the case to BIA. You should probably start counting how long BIA may take to resolve this based on the latter date of it being given to them March 1. I suppose you could inquire using the phone number and address on the NOA with the BIA about the status and when they did actually receive the case but it wont change the fact that what you need to do now is wait.

 

If the BIA sides with DHS and upholds the denial you can pursue it further by appealing their decision to the Federal Circuit Court but that is an even more complicated process that will cost significant legal fees and you should only consider doing such if the attny feels you have a strong case and a positive outcome is likely. 

approved