Expedite Request Denied, what can I do?

[JaimeRachel 0]

My mother-in-law filed an 1-130 for adult child of a permanent resident in October 2019.  On November 19, 2019, she filed a request to expedite, which she recently received a denial.  She filed the expedite request primarily due to current problems in the country (Bolivia) as result of the recent elections.  The country has fallen into anarchy and the violence is unimaginable.  Followers of the ex-president have resorted to extreme violence and are targeted anyone associated with the other political parties, and worse towards people that have any connection to the United States.  My brother-in-law falls into both categories.  He is the brother of a US citizen and son of a permanent resident.  On top of that he is an anit-MAS (MAS is the controlling political power, Movimiento al Socialismo [Movement Towards Socialism]) internet activist.  He has been threatened multiple times, had people shot in front of him, seen people insert fire cracker up dogs but then release the poor things in crowds.  Even the US embassy evacuated all non-essential personnel and the families.  On top of everything, he already has a job offer here.  We submitted evidence of these with the expedite request and it was still denied.  What can we do?  We have contacted our congressman, his prospective employer inquired with theirs.  Can you appeal the decision?

Also, he does have a valid tourist visa.  Would bringing him here as a tourist and filing the 485 while the I-130 is in process be a viable option?  My mother-in-law and husband are beside themselves.  Any help would be greatly appreciated.

[payxibka 10,045]

5 minutes ago, JaimeRachel said:

My mother-in-law filed an 1-130 for adult child of a permanent resident in October 2019.  On November 19, 2019, she filed a request to expedite, which she recently received a denial.  She filed the expedite request primarily due to current problems in the country (Bolivia) as result of the recent elections.  The country has fallen into anarchy and the violence is unimaginable.  Followers of the ex-president have resorted to extreme violence and are targeted anyone associated with the other political parties, and worse towards people that have any connection to the United States.  My brother-in-law falls into both categories.  He is the brother of a US citizen and son of a permanent resident.  On top of that he is an anit-MAS (MAS is the controlling political power, Movimiento al Socialismo [Movement Towards Socialism]) internet activist.  He has been threatened multiple times, had people shot in front of him, seen people insert fire cracker up dogs but then release the poor things in crowds.  Even the US embassy evacuated all non-essential personnel and the families.  On top of everything, he already has a job offer here.  We submitted evidence of these with the expedite request and it was still denied.  What can we do?  We have contacted our congressman, his prospective employer inquired with theirs.  Can you appeal the decision?

Also, he does have a valid tourist visa.  Would bringing him here as a tourist and filing the 485 while the I-130 is in process be a viable option?  My mother-in-law and husband are beside themselves.  Any help would be greatly appreciated.

Using a nonimmigrant entry with the express purpose of circumventing immigration law is a big no no

[Going through 5,671]

5 minutes ago, JaimeRachel said:

Would bringing him here as a tourist and filing the 485 while the I-130 is in process be a viable option? 

Would be immigration fraud---you cannot cross the border as a tourist with the intent to stay and adjust status within the US.

 

What was the reason for denial?

[JaimeRachel 0]

The reason for the denial was that his situation was not urgent enough

[Boiler 45,486]

 Nothing to expedite, PD not current.

[aaron2020 11,651]

Sorry.  There is nothing you can do. 

There is no way to expedite an F2b case.  Your BIL will have to wait for his Priority Date to become current in order to benefit from the I-130 petition filed by his mother in October 2019.  There is no way around having to have a current Priority Date.  There is nothing for you to appeal since USCIS properly followed the law.  

 

It's visa fraud to use a non-immigrant tourist visa to enter the US with the intent to immigrate.

 

Your BIL can not adjust because he would not have a current PD.

 

 

[payxibka 10,045]

2 minutes ago, JaimeRachel said:

The reason for the denial was that his situation was not urgent enough

He has a 5 year wait before a immigrant Visa number will be available 

[Boiler 45,486]

Once the PD is current then you can file for an expedite.

[Going through 5,671]

16 minutes ago, JaimeRachel said:

We have contacted our congressman, his prospective employer inquired with theirs.

Honestly, I don't see how congressmen can help in this situation.  Granting an expedite is solely at USCIS's discretion, so they cannot force their hand.

 

Do let us know if you hear anything from either of them as to what info (if any) they were able to find out....but don't be too surprised if the congressmen receive a rather generic response in return stating their decision was final.

[Boiler 45,486]

6 minutes ago, Going through said:

Honestly, I don't see how congressmen can help in this situation.  Granting an expedite is solely at USCIS's discretion, so they cannot force their hand.

 

Do let us know if you hear anything from either of them as to what info (if any) they were able to find out....but don't be too surprised if the congressmen receive a rather generic response in return stating their decision was final.

There is nothing to expedite.

[Nitas_man 3,100]

No application to skip the line

[geowrian 22,337]

To clarify, one can expedite the I-130. But you cannot expedite the PD. So there is no benefit in expediting the I-130 unless it takes longer to process than it takes for the PD to become current (not like there).

Edited November 28, 2019 by geowrian

[portorusa 431]

Unless OP’s brother from Bolivia files for asylum on the basis of political unrest and life danger.

[aaron2020 11,651]

16 minutes ago, portorusa said:

Unless OP’s brother from Bolivia files for asylum on the basis of political unrest and life danger.

Yeah, good luck with that.  

 

[Eric&Mirella 367]

2 hours ago, portorusa said:

Unless OP’s brother from Bolivia files for asylum on the basis of political unrest and life danger.

Venezuelans do it all the time, it’s not that simple.