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

[Just Paul 4,595]

see the note 1 on the last page that you posted.  Was there an error in fact or in law?

[SusieQQQ 11,586]

If you want to file something else, go ahead but I’d be very quiet about the other two if I were you in case they decide to revisit them and find they were approved in error.

[Rasel_Cool 22]

4 minutes ago, Paul & Mary said:

see the note 1 on the last page that you posted.  Was there an error in fact or in law?

in note 1 they are talking about why the i130 got denied after rfe

[Rasel_Cool 22]

2 minutes ago, SusieQQQ said:

If you want to file something else, go ahead but I’d be very quiet about the other two if I were you in case they decide to revisit them and find they were approved in error.

is there actually an option to motion to reooen now? that's what i wanna confirm first

[arken 4,197]

8 minutes ago, Rasel_Cool said:

in note 1 they are talking about why the i130 got denied after rfe

No, Note 1 implies you provided new evidence (dna) during the appeal but they are rejecting it because you were provided that option during RFE and you chose not to do that, so it doesn't fall under the non-obtainable evidence during RFE for them to consider.

 

It seems there is no path for motion to reopen. The letter clearly says you have the option to start a new petition with all required evidences.

Edited June 14, 2021 by arken

[Just Paul 4,595]

3 minutes ago, arken said:

No, Note 1 implies you provided new evidence (dna) during the appeal but they are rejecting it because you were provided that option during RFE and you chose not to do that, so it doesn't fall under the non-obtainable evidence during RFE for them to consider.

 

It seems there is no path for motion to reopen. The letter clearly says you have the option to start a new petition with all required evidences.

This is my feeling exactly.   It does not preclude an new petition being filed.

[Rasel_Cool 22]

17 hours ago, Paul & Mary said:

This is my feeling exactly.   It does not preclude an new petition being filed.

ok. as motion to reopen has no deadline. and now we have direct result of DNA which supports 100% to establish the required relationship I am going to file a motion to reopen now. As far as I researched  motion to reopen has no deadline and supports new evidence so with this strong evidence of dna in hand i can have a try.

 

Share ur opinion please

17 hours ago, arken said:

No, Note 1 implies you provided new evidence (dna) during the appeal but they are rejecting it because you were provided that option during RFE and you chose not to do that, so it doesn't fall under the non-obtainable evidence during RFE for them to consider.

 

It seems there is no path for motion to reopen. The letter clearly says you have the option to start a new petition with all required evidences.

ok. as motion to reopen has no deadline. and now we have direct result of DNA which supports 100% to establish the required relationship I am going to file a motion to reopen now. As far as I researched  motion to reopen has no deadline and supports new evidence so with this strong evidence of dna in hand i can have a try.

 

Share ur opinion please

[Just Paul 4,595]

4 minutes ago, Rasel_Cool said:

ok. as motion to reopen has no deadline. and now we have direct result of DNA which supports 100% to establish the required relationship I am going to file a motion to reopen now. As far as I researched  motion to reopen has no deadline and supports new evidence so with this strong evidence of dna in hand i can have a try.

Good luck.   

First, No DNA test is 100% unless there is a known series of genetic mutation(s).  It is a statical probability of a relationship by looking at over 20 locations in the genome for various ethnic and regional sequences. Unless everyman in a ethnic group is tested then it can not be 100%.  The CPI is also an important number as it is the statistical number of samples that would need to be tested to rule out a match.  The higher number the better the chance the samples are father/child. Of course the only duplicate should be an identical twin.

 

Second, you had the opportunity to supply the DNA prior to the BIA appeal and it was not provided.  The BIA reviews evidence in hand and is not required to review evidence that was requested in previous step that was not provided (timely).   You did not provide that until the appeal.  This is what they are saying in note 1.   Appealing it now, with that evidence, is not allowed.

 

If you feel that @arken and I are mis reading this, then I would suggest consulting with an attorney that does BIA appeals so you are not wasting your time appealing when a new petition is the only option left. 

[arken 4,197]

32 minutes ago, Rasel_Cool said:

 

Share ur opinion please

ok. as motion to reopen has no deadline. and now we have direct result of DNA which supports 100% to establish the required relationship I am going to file a motion to reopen now. As far as I researched  motion to reopen has no deadline and supports new evidence so with this strong evidence of dna in hand i can have a try.

 

Share ur opinion please

You have already made up your mind so do what you plan to do.

I am simply repeating my 2 cents:

Motion to reopen is based on new evidence that was not available or could not be obtained at the time when you were supposed to provide that. Note 1 on the dismissed appeal says they looked at the new evidence (dna) but they aren't accepting it because you could have provided or at least initiated the process of getting that when USCIS asked for it but you chose not to. So in my opinion, they already looked at that option and still rejected it.
 

Whoever reviews the motion to reopen will have access to the dismissed appeal for sure. It'll be very unlikely one party simply overrides the decision of an appeal board unless there was a serious mistake made.

 

Good luck.

[Rasel_Cool 22]

3 hours ago, arken said:

You have already made up your mind so do what you plan to do.

I am simply repeating my 2 cents:

Motion to reopen is based on new evidence that was not available or could not be obtained at the time when you were supposed to provide that. Note 1 on the dismissed appeal says they looked at the new evidence (dna) but they aren't accepting it because you could have provided or at least initiated the process of getting that when USCIS asked for it but you chose not to. So in my opinion, they already looked at that option and still rejected it.
 

Whoever reviews the motion to reopen will have access to the dismissed appeal for sure. It'll be very unlikely one party simply overrides the decision of an appeal board unless there was a serious mistake made.

 

Good luck.

i hve made up my mind. as  many suggested before not to appeal.  we appealed and won 2 cases. and now i will file motion to reopen because cspa age will be over and waiting time will be more. so i will just have a try. main thing is we were always confident cause we are the real children of our father. so why would we be not confident. mistake was we didn't provide things when it was needed and  i took over the situation late. If i handled it before it wouldn't have gone so far. 

 

lately is this group there is oots of succes of motion to reopen. so why would anyone not suggest or encourage to do it i dont understand.

3 hours ago, Paul & Mary said:

Good luck.   

First, No DNA test is 100% unless there is a known series of genetic mutation(s).  It is a statical probability of a relationship by looking at over 20 locations in the genome for various ethnic and regional sequences. Unless everyman in a ethnic group is tested then it can not be 100%.  The CPI is also an important number as it is the statistical number of samples that would need to be tested to rule out a match.  The higher number the better the chance the samples are father/child. Of course the only duplicate should be an identical twin.

 

Second, you had the opportunity to supply the DNA prior to the BIA appeal and it was not provided.  The BIA reviews evidence in hand and is not required to review evidence that was requested in previous step that was not provided (timely).   You did not provide that until the appeal.  This is what they are saying in note 1.   Appealing it now, with that evidence, is not allowed.

 

If you feel that @arken and I are mis reading this, then I would suggest consulting with an attorney that does BIA appeals so you are not wasting your time appealing when a new petition is the only option left. 

i hve made up my mind. as  many suggested before not to appeal.  we appealed and won 2 cases. and now i will file motion to reopen because cspa age will be over and waiting time will be more. so i will just have a try. main thing is we were always confident cause we are the real children of our father. so why would we be not confident. mistake was we didn't provide things when it was needed and  i took over the situation late. If i handled it before it wouldn't have gone so far. 

 

lately is this group there is oots of succes of motion to reopen. so why would anyone not suggest or encourage to do it i dont understand.

[SusieQQQ 11,586]

This thread will be a third as long if you didn’t feel the need to repeat the same thing over and over … you know you can quote a few posts and just give your comments once, right?

 

good luck with your motion to reopen. I really hope you don’t stir the hornets nest by inadvertently getting them to reconsider the previously approved cases. 

[Rasel_Cool 22]

4 minutes ago, SusieQQQ said:

This thread will be a third as long if you didn’t feel the need to repeat the same thing over and over … you know you can quote a few posts and just give your comments once, right?

 

good luck with your motion to reopen. I really hope you don’t stir the hornets nest by inadvertently getting them to reconsider the previously approved cases. 

i m requiting cause i want them to reply. without quouting i didn't get reply from them. 

 

Now i think u all are annoyed of me. 

 

is there option to delete this thread? 

[Just Paul 4,595]

It you want someone's attention just tag them use the @ and user name like >>>>>  @Rasel_Cool

 

Like @SusieQQQsaid - try not to shoot yourself in the foot.  Get a consolation with an immigration attorney that does BIA appeals.  Pissing off DHS and DOJ isn't a good plan even if you THINK you are right and a few veterans here (that you keep tagging) say your case is dead in the water.

[Rasel_Cool 22]

15 minutes ago, Paul & Mary said:

It you want someone's attention just tag them use the @ and user name like >>>>>  @Rasel_Cool

 

Like @SusieQQQsaid - try not to shoot yourself in the foot.  Get a consolation with an immigration attorney that does BIA appeals.  Pissing off DHS and DOJ isn't a good plan even if you THINK you are right and a few veterans here (that you keep tagging) say your case is dead in the water.

just finished talking to a lawyer. After reviewing everything he said he is gonna file motion to reopen and with the evidence i have provided he is confident the case will reopen. 

 

Thanks all I will update 

[Future Us Citizen 1]

First question is, did you submit what they asked you for on the rfe they sent you? Because you stated you sent them..If you did then yes you can appeal with the proof of postal date and copy of the items you sent in...If you file another i130 you will have a new priority date and you are back in the line for the visa as a new 2021 applicant..it's a ways of time and money...what did the letter they sent you asked for you to send in? And what did you send in?