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

[Rasel_Cool 22]

13 minutes ago, Future Us Citizen said:

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?

please read full thread comments. its a detail thread from the beginning 

[Rasel_Cool 22]

Catagrory f2b.

 

i130 case was denied 2.5 years ago. Then appealed. Appeal got dissmissed 1 month ago. 

 

Now i want to know Can i file motion to reopen now ?

 

i130 was denied due to not sending enough evidence to establish a relation.

 

now we have more than enough evidence including DNA. 

 

So can we file motion to reopen after 2.5 years of case denial and appeal dismissal? 

 

Note: Money is not issue here. We are ready to spend.  So dont say everything will be exoensive.We already refiled. but it will take anothrr 7-8 years. where running case already 5 years.  so dont wanna wait again. We want to try if we can reopen this case. 

[JeanneAdil 6,498]

i can not answer about reopening the case 

but i see the time here would be considerable for your case already ,  so is the green card holder near applying for citizenship as that could be the way to go if you have DNA and all  /  just thinking out loud

[arken 4,197]

Commenting while pretending not knowing your previous posts:

1. You cannot file motion to reopen regarding uscis denial as its already 2.5 years.

2. You can file motion to reopen or reconsider regarding the dismissed appeal. 

 

[Ontarkie 14,221]

~~Related topic merged. PLease keep all related question to one thread. members need to know the whole story to give you the best possible advice.~~

[Blaise 2]

On 10/13/2019 at 6:09 AM, Rasel_Cool said:

Yah. Lawyer said not needed dna

Considering the reason for your denial, it was due to lack  enough evidence to prove the relation which could have been prevented through a DNA. I filed for my mom and was ask if I will like to do voluntary DNA and I accepted specially because my mom date of birth contradict. This will also minimize the chances of her being refused of a visa. In most case, when they ask of Voluntary DNA, it because they have seen something not adding up. Before now, I file for my kids without a lawyer and they were granted visa without requesting for voluntary DNA because all the evidence were cleared.  I do not trust lawyers because some of them just take your money but do nothing to really check your document to avoid contradiction. I did my citizenship by myself as well. 

 

my advice is that do not appeal because there is the rick of being denied again. It is better to apply again and  to do DNA.

[Just Paul 4,595]

On 6/17/2021 at 1:37 PM, Rasel_Cool said:

now we have more than enough evidence including DNA. 

The time to provide it was when it was requested.  As noted once it gets to the BIA doing DNA isn't an option because you chose not to do it before.  You had to file it at the directors appeal.

On 6/15/2021 at 11:39 AM, Rasel_Cool said:

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 

Do the lawyer

On 6/17/2021 at 1:37 PM, Rasel_Cool said:

Note: Money is not issue here. We are ready to spend.  So dont say everything will be exoensive.We already refiled. but it will take anothrr 7-8 years. where running case already 5 years.  so dont wanna wait again. We want to try if we can reopen this case. 

good because you can spend it.

On 6/17/2021 at 1:37 PM, Rasel_Cool said:

So can we file motion to reopen after 2.5 years of case denial and appeal dismissal? 

 

No you can not reopen.  You appeal but you have to follow the rules and there has to have been a misinterpretation of the law.

 

On 6/16/2021 at 11:14 AM, Rasel_Cool said:

please read full thread comments. its a detail thread from the beginning 

You really have made the thread so hard for anyone to read.  Hopefully you have learned to tag others rather than re-quoting yourself over and over.

 

If you had retained an attorney much earlier you would have saved so much grief and misunderstanding.  You could have re filed and probably have it done by now.

 

 

[osmosesnew 17]

On 6/14/2021 at 2:50 PM, Rasel_Cool said:

did ur case get aporoved?

yes

[Rasel_Cool 22]

New update: 

 

we filed A new motion to reopen  and re consider for the decision of appeal denied. this time with the result of DNA which scientifically proves the relationship. 

 

in appeal they didn't consider dna report though we sent the receipt saying result will be there within few days. seems they totally ignored new evidence for one case and sent it to appeal jurisdiction.

 

Now we filed motion to reopen and reconsider for this appeal decision.

 

Hope that gets approved. Everyone pray for us. Thanks 

Edited July 12, 2021 by Rasel_Cool

[SusieQQQ 11,586]

2 hours ago, Rasel_Cool said:

seems they totally ignored new evidence for one case

You realize they are entitled to do this, right? Good luck with the MTR, anyway.

[Rasel_Cool 22]

On 7/13/2021 at 3:24 AM, SusieQQQ said:

You realize they are entitled to do this, right? Good luck with the MTR, anyway.

good news coming?

[Rasel_Cool 22]

On 7/13/2021 at 3:24 AM, SusieQQQ said:

You realize they are entitled to do this, right? Good luck with the MTR, anyway.

good news coming? 

[Rasel_Cool 22]

On 6/15/2021 at 2:10 AM, Paul & Mary said:

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

what does it mean? pls check my last comment

 

On 6/15/2021 at 8:14 PM, 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.

what does it mean? pls check my last comment

On 6/18/2021 at 3:05 AM, arken said:

Commenting while pretending not knowing your previous posts:

1. You cannot file motion to reopen regarding uscis denial as its already 2.5 years.

2. You can file motion to reopen or reconsider regarding the dismissed appeal. 

 

what does it mean? pls check my last comment

On 6/20/2021 at 6:49 PM, osmosesnew said:

yes

what does it mean? pls check my last comment

[Rasel_Cool 22]

 

Despite of tons of advise discouraging not to appeal or not to file motion. We did appeal and got dissmissed and then filed motion against appeal and now all our cases are reopened. If you are honest enough nothing is impossible. Peace!

[Rasel_Cool 22]

Where are all the people now?