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

[osmosesnew 17]

On 9/7/2021 at 9:58 AM, SusieQQQ said:

Excellent, so the lessons of the story are:

 

1. Most important (you guys could have avoided all of this hassle) by a full response to the initial RFE including DNA

2. If you haven’t done that, use a motion to reopen because that allows new evidence to be submitted

 

Is that right?

Spot on. I had similar issue and we filed Motion to Reopen and EOIR 29 together. The MTR was treated first and case was reopened. This took about a year. (The EOIR29 never updated).  We only submitted evidence that DNA was initiated. We are still waiting for final DNA results to have the case approved. (Lagos Embassy had not scheduling  sample collection since last year January.)

First lesson is to go through DNA when such RFE is received. If you fail to provide DNA Motion to Reopen might be an option with DNA evidence. 

Not all cases require you to start over. My mother filed for my sibling and he was almost 21 by the time his case was denied. Only an appeal could keep his case active and have him qualify for CSPA. Starting over would put him in F2b category which is about 7 years wait.

[Rasel_Cool 22]

7 hours ago, osmosesnew said:

Spot on. I had similar issue and we filed Motion to Reopen and EOIR 29 together. The MTR was treated first and case was reopened. This took about a year. (The EOIR29 never updated).  We only submitted evidence that DNA was initiated. We are still waiting for final DNA results to have the case approved. (Lagos Embassy had not scheduling  sample collection since last year January.)

First lesson is to go through DNA when such RFE is received. If you fail to provide DNA Motion to Reopen might be an option with DNA evidence. 

Not all cases require you to start over. My mother filed for my sibling and he was almost 21 by the time his case was denied. Only an appeal could keep his case active and have him qualify for CSPA. Starting over would put him in F2b category which is about 7 years wait.

We were lucky we could finish the dna. And all 3 cases are approved. Your case inspired me to file mtr later Against appeal dissmissal.  Thanks alot

[kkc 0]

On 5/24/2021 at 2:22 PM, Rasel_Cool said:

appeal approved

Hi @Rasel_Cool!! was your case approved after it was sent to Executive Office of Immigration review?

Edited October 1, 2021 by kkc

[Shane25 0]

On 10/13/2019 at 7:21 AM, Unlockable said:

 

I agree with @Andy & Val. Just give them what they ask for. I know DNA is expensive and time consuming but if you what to immigrate, you simply do as they say. I joking say that even if they ask for your 3rd grade school report on snails, just give it to them. But there is still some truth to that joke. 

 

Doing it right the first time will save a lot of time and money and stress.

After 2 years of my I-130. I recieved a letter asking for a DNA, they will send you a contract  that approved by uscis. I paid $680 for DNA kits and shipping to the Philippines + another $40 on the facility where i took the DNA. It took almost 1 month for the whole process.  That was 2019 when there was no COVID yet.