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

[Rasel_Cool 22]

1 hour ago, Villanelle said:

What kind of appeal did you file? There are 2 types, one is a motion to reopen and the other is a motion to reconsider. Regardless it seems your attny is continuously giving you bad advice and subsequently collecting money to fix issues they didnt address properly. First they advise you to not do the DNA and now they are charging you to file an appeal to try to submit DNA but didnt actually submit the DNA with the appeal- just a note saying its being done! 😮

 

The motion to reconsider is filed when theres a claim of incorrect policy. Motion to reopen is when you are presenting new facts. You did not actually present any DNA (yet) so all your motion contains is the affidavits and school records. Depending on how the new affidavits were written and the quality of the other evidence you did send you may be successful but I cant say the odds are high for it being successful. I agree with Goingthrough that they are not going to hold your appeal until you get the DNA results. They will consider your appeal with only the items you sent with it and not consider promises of DNA being sent nor wait until you do send them. 

Perhaps the mods can edit your thread title to something that reflects an appeal was filed?

Eior 29 to BIA. (Appealed)

 

About dna report: what would u do? Dna takes 1and half months to be done from our country. Would u wait for the report to come and then appeal? They gave us 30 days deadline. We had no option.    

Edited November 15, 2019 by Rasel_Cool

[Rasel_Cool 22]

19 hours ago, Going through said:

A letter/receipt that one of you has paid for a DNA test is a bit useless since there are no DNA results to show on that letter for them to further process your case.  Also, as you said, you haven't done a DNA test yet ----- only one party has so far, with no results back yet.

Hopefully the 2 other affidavits sent in are not "boilerplate" like the other ones (as was stated on the RFE you received regarding the past affidavits sent in).

 Nikah nama of the parents is not evidence that establishes parent-child biology since you weren't born at the time of your parents' ceremony...but will be perhaps useful when matching up to school records, child medical records, etc.

Photos are not evidence of parent-child biology---even if you are the spitting image of them.

 

USCIS needs the DNA test results---which were not sent in with the appeal.  They are generally not in the habit of putting aside the case and just waiting for the results to get to them later on (when they clearly only gave 30 days for you to appeal with the evidence they needed).  It will be interesting to see what they do with the "evidence" you submitted at this point, and it's always good to have a Plan B---so you should be prepared to refile all over again.  On the plus side, you'll have the DNA results back by then to go forward with a new filing, if that's what happens in the end.

 

If you have to refile/when you do refile---I would suggest seeking out the advice of a new lawyer.  

Oh comon now u want a new lawyer. By listening to ur suggestion i have changed my old lawyer. Now if i want to refile u want me to hire a new one. Seems like none is good then  

[Going through 5,671]

1 hour ago, Rasel_Cool said:

Oh comon now u want a new lawyer. By listening to ur suggestion i have changed my old lawyer. Now if i want to refile u want me to hire a new one. Seems like none is good then  

Consultations, or getting references with immigration lawyers are always a good idea before deciding on one.  It's up to you or not whether you want to use the old lawyer or get a new one, or not use a lawyer at all, as it's your immigration journey.  It was only a suggestion considering your previous lawyer didn't seem to prepare your initial package well enough.

 

1 hour ago, Rasel_Cool said:

About dna report: what would u do? Dna takes 1and half months to be done from our country. Would u wait for the report to come and then appeal? They gave us 30 days deadline. We had no option.

In hindsight, one option would have been DNA was done before filing the first package considering the lack of primary evidence you had on hand to submit.  Affidavits were secondary evidence.  Unfortunately your lawyer didn't deem DNA necessary, or perhaps thought it could be sent in later on. 

 

Keep us updated on what happens with your appeal.

 

 

[Rasel_Cool 22]

6 minutes ago, Going through said:

Consultations, or getting references with immigration lawyers are always a good idea before deciding on one.  It's up to you or not whether you want to use the old lawyer or get a new one, or not use a lawyer at all, as it's your immigration journey.  It was only a suggestion considering your previous lawyer didn't seem to prepare your initial package well enough.

 

In hindsight, one option would have been DNA was done before filing the first package considering the lack of primary evidence you had on hand to submit.  Affidavits were secondary evidence.  Unfortunately your lawyer didn't deem DNA necessary, or perhaps thought it could be sent in later on. 

 

Keep us updated on what happens with your appeal.

 

 

Yes previous one messed up thats why changed him. Now new one have appealed and if u still say lawyer is taking us in wrong direction    then i simply dont know what to Say.   

 

 

And i keep asking/telling u about my current sutiation and u keep going back to my old mistakes. Whats gone is gone. Tell me what would u do if u had 30 days appeal deadline and u knew dna report  would take more then 45+ days?

Edited November 15, 2019 by Rasel_Cool

[Going through 5,671]

9 minutes ago, Rasel_Cool said:

Tell me what would u do if u had 30 days appeal deadline and u knew dna report  would take more then 45+ days?

What would I have done?  I would have not appealed and instead swallowed the fee, completed the DNA and refiled from the beginning.  A few of us suggested that earlier in this thread when you were questioning whether USCIS would accept your appeal without DNA results.  

Edited November 15, 2019 by Going through
Double posted instead of editing when system timed out

[Rasel_Cool 22]

1 minute ago, Going through said:

What would I have done?  I would have not appealed and instead swallowed the fee and instead refiled from the beginning.

I asked what if u wanted to appeal. I didnt ask whats the best option. 

 

Plus we can refile anytime. Its not like we cant refile now. Let us loose the appeal first .   An appeal is worth trying cause we are genuine son and daugheter.. Plus when they ask rfe they mention that u can send dna recipt and compliance if dna report is not done but if u hve to reply them back in time..  Same thing applies to appeal as well.  They even gave 30 more days after appealing for support breifeing. I dont know if u are a lawyer or not but u should research a lot     

[Going through 5,671]

6 minutes ago, Rasel_Cool said:

I asked what if u wanted to appeal. I didnt ask whats the best option. 

Your question to someone else was what if they wanted to appeal.  Your question to me wasn't "what if you wanted to appeal" but "what would you do if you had 30 days to appeal..."  Hence, my answer was that I wouldn't appeal, and would have refiled instead.

 

I understand you are frustrated---but people here are trying to help you whether you realize it or not.  No one here (not even the best lawyer) can predict exactly how it will all play out in the end.  Hope the results get back in time and that USCIS will put the case on hold until then.  Best of luck with the appeal and let us know how it goes.  

[Rasel_Cool 22]

7 minutes ago, Going through said:

Your question to someone else was what if they wanted to appeal.  Your question to me wasn't "what if you wanted to appeal" but "what would you do if you had 30 days to appeal..."  Hence, my answer was that I wouldn't appeal, and would have refiled instead.

 

I understand you are frustrated---but people here are trying to help you whether you realize it or not.  No one here (not even the best lawyer) can predict exactly how it will all play out in the end.  Hope the results get back in time and that USCIS will put the case on hold until then.  Best of luck with the appeal and let us know how it goes.  

Again I would like to ask what if u "decided" to appeal and u have 30 days deadline what would u do with the DNA. 

 

I decided to to appeal and i had no option left other then just sending dna recipt and copliance letter and other 4-5 supporting docs.

 

I would never refile in 1st attempt cause (my family is not thinking about money now. We are willing to spend fees and all) I have option to refile again later . If we win, we can save some years but if we refile after 6 month(imagine if our appeal takes 1 yr to respond and denied again),  It will cost us 6 months delay overall  to refile       

Edited November 15, 2019 by Rasel_Cool

[SusieQQQ 11,586]

You came on here asking for advice. No need to get rude to posters who are answering to the best of their ability and their own opinions - that’s what a forum is, not free legal advice - and it’s not anyone’s fault here your lawyer messed up. Take it out on them, not us. 

[Rasel_Cool 22]

1 hour ago, SusieQQQ said:

You came on here asking for advice. No need to get rude to posters who are answering to the best of their ability and their own opinions - that’s what a forum is, not free legal advice - and it’s not anyone’s fault here your lawyer messed up. Take it out on them, not us. 

Yah but if everyone keep saying change lawyers when i have changed already makes me confused. How many times should i change lawyer? They should go through all comments properly. Plus im trying to update everything i m going through. Some comments make me disappointed cause they keep dragging back old stuffs   

Edited November 15, 2019 by Rasel_Cool

[SusieQQQ 11,586]

7 minutes ago, Rasel_Cool said:

Yah but if everyone keep saying change lawyers when i have changed already makes me confused. How many times should i change lawyer? They should go through all comments properly. Plus im trying to update everything i m going through. Some comments make me disappointed cause they keep dragging back old stuffs   

So you want everyone to re-read 9 pages of thread before they give you a new answer, as well as not referring to older stuff at some undetermined cut-off point because it doesn’t suit you? This is quite a high maintenance thread anyway, possibly one of the most I’ve seen here in fact, what with demands you made on moderators etc. Most posters are more understanding of the fact that people here are volunteering their own time to try help others, even if they don’t always like the responses they get.... just saying. 

[Liam2021 583]

You better file a new I-130 with DNA test result. One of my family member was in the same situation: He not send enough evidence with I-130, USCIS send RFE and asked for more evidence or DNA test. He reply for RFE, 2 month later got a denied letter. Filed EIOR-29 but received a letter from USCIS director that the decision is final, so no appeal.

[Rasel_Cool 22]

47 minutes ago, H&T said:

You better file a new I-130 with DNA test result. One of my family member was in the same situation: He not send enough evidence with I-130, USCIS send RFE and asked for more evidence or DNA test. He reply for RFE, 2 month later got a denied letter. Filed EIOR-29 but received a letter from USCIS director that the decision is final, so no appeal.

Thanks for ur reply. How did they appeal and what other documents did they send when appealed? And after how many days they got their appeal reply?   Would love to hear back from u 

Edited November 15, 2019 by Rasel_Cool

[Rasel_Cool 22]

48 minutes ago, SusieQQQ said:

So you want everyone to re-read 9 pages of thread before they give you a new answer, as well as not referring to older stuff at some undetermined cut-off point because it doesn’t suit you? This is quite a high maintenance thread anyway, possibly one of the most I’ve seen here in fact, what with demands you made on moderators etc. Most posters are more understanding of the fact that people here are volunteering their own time to try help others, even if they don’t always like the responses they get.... just saying. 

Thats what i said anyway to moderator that kindly edit my post and paste the new thread here (the one got merged). So that everyone dont hv to go thru every single comment. Anyway lets see what happens. Dont u think im volunteering here too? I could simply not update anything here cause everyone suggested me to not appeal. But i kept updating so that anyone else facing the same problem can b benifited from my thread. Ok im saying sorry if any of my comment sounded rude to anyone.

   

Edited November 15, 2019 by Rasel_Cool

[Villanelle 4,122]

It wouldnt matter if the mods let you create a new thread about this, or linked the old thread, or cut and pasted it in the way you would have preferred. You have an expectation that commenters should do their due diligence before replying - thats simply not how forums work! Yeah it would be great if everyone read the posters history very carefully and did research and then only give accurate and relevant answers- but thats not reality. If you need specific personalized advice you have to pay for it with an attny. Otherwise you take the advice your given and need to sort through it disregarding what does not apply and pursuing further what does. 

 

Anyway, it seems you are saying you checked the option on the appeal to submit a brief later correct?  Well if I understand it correctly you need to submit your brief with in 30 days. However it seems you can send a request for more time (with in those 30 days) as long as you have a good faith reason for needing more time to submit the brief. So it may be possible for you to get an additional extension on the brief needed in order to get the DNA done and submitted. In most cases you also CAN submit another 130 right now while the appeal is pending. In many cases attnys file both a new 130 and the appeal. Did the attny say you cant file another 130 or is not recommending you file it? Did they give a reason?

 

The eoir 29 usually takes about 6 months but can take up to 2 years. If you are delaying it by sending a brief and then asking for more time to send the brief logic tells you to add that additional time to the 6 month estimate, as that estimate is for completed packets. So realistically you would be looking at closer to 8 months. If you are able to get the DNA submitted as part of the appeal then you have a good chance of being approved.