Our f2a and f2b cases are on appeal! can we do refile while case under appeal?

[Quarknase 1,072]

4 minutes ago, JeanneAdil said:

i got an RFE for the original petition / it was the 4 page and weigh 25 pounds to return

You’re a warrior and I applaud you! We received 5 page RFE and replied with 8lbs of evidence and I thought we were on the massive side but you’re in your own league 😃

[JeanneAdil 6,510]

I Have read thru all your posts and when you are "not talking about a friend"  you say you did not submit the DNA as it takes 5 months to get a response

this being said "how can you win an appeal when they based the denial on the evidence you did send?"  you can't say your RFE had wrong evidence and give new at this time

the appeal has to prove immigration is wrong on their findings and should not have denied you

Edited May 31, 2020 by JeanneAdil

[JeanneAdil 6,510]

all this being said,  the paper sent to you for the denial to appeal said "an appeal can take as long as 2 years"

if you did not see this and the lawyer did,  ask to see a copy / USCIS sends this colored paper for an appeal telling how to do it, what to pay and where to send

and the Court of Appeals handles thousands and thousands of cases as they have to look at all the appeals for illegals too  / the process is not fast as you already have seen

 

and sorry,  but to the original question I disagree with your laywer and i don't think (my opinion only because you asked here)  that refiling would hurt (mostly because that is what the appeals court told me to do )

Edited May 31, 2020 by JeanneAdil

[SusieQQQ 11,586]

43 minutes ago, JeanneAdil said:

I Have read thru all your posts and when you are "not talking about a friend"  you say you did not submit the DNA as it takes 5 months to get a response

this being said "how can you win an appeal when they based the denial on the evidence you did send?"  you can't say your RFE had wrong evidence and give new at this time

the appeal has to prove immigration is wrong on their findings and should not have denied you

From my recollection this is why poster was advised to refile rather than appeal in the prior thread.

 

i guess I’m a little frustrated here as this poster spent pages and pages on the old thread, ignored almost all the advice received here, and now is back asking for more.

Edited May 31, 2020 by SusieQQQ

[Quarknase 1,072]

Just now, SusieQQQ said:

From my recollection this is why poster was advised to refile rather than appeal in the prior thread.

Yup that’s what I recall as well. And that all the good advise was always negotiated and argued with like if changing everyone’s opinion would impact the case.

[JeanneAdil 6,510]

12 minutes ago, SusieQQQ said:

From my recollection this is why poster was advised to refile rather than appeal in the prior thread.

 

i guess I’m a little frustrated here as this poster spent pages and pages on the old thread, ignored almost all the advice received here, and now is back asking for more.

same to me

i read thru all and i mean all his posts and he talked about DNA and not sending it as it took 5 months or more but then he says some of it is a friends' case 

so he and a friend have the same issues? and same case types? 

anyway, all i can say is my opinion on appeal and refiling and it could be worthless as he has a lawyer who did the appeal and knows more of the case than i do

[Rocio0010 5,579]

3 hours ago, JeanneAdil said:

same to me

i read thru all and i mean all his posts and he talked about DNA and not sending it as it took 5 months or more but then he says some of it is a friends' case 

so he and a friend have the same issues? and same case types? 

anyway, all i can say is my opinion on appeal and refiling and it could be worthless as he has a lawyer who did the appeal and knows more of the case than i do

Quick question: how do you read all the previous posts? Thanks.

[SalishSea 17,836]

12 minutes ago, ra0010 said:

Quick question: how do you read all the previous posts? Thanks.

Two ways:  click on the user's profile to see recent content, or search on the username to see older content.

[Rocio0010 5,579]

1 minute ago, Jorgedig said:

Two ways:  click on the user's profile to see recent content, or search on the username to see older content.

Thank you! Mercy! Gracias!

[JeanneAdil 6,510]

12 hours ago, ra0010 said:

Quick question: how do you read all the previous posts? Thanks.

you hit the post (his VJ  ID )  to see his page and everything he wrote is there unless it was sent in a personal message to one person

his one post has about 13 pages referencing this very issue 

and i have time to read as retired early

Edited June 1, 2020 by JeanneAdil

[Rocio0010 5,579]

10 minutes ago, JeanneAdil said:

you hit the post (his VJ  ID )  to see his page and everything he wrote is there unless it was sent in a personal message to one person

his one post has about 13 pages referencing this very issue 

and i have time to read as retired early

Thank you! I just read it, and it's frustrating because he kept on existing with appeal instead of doing what people suggested him to do (refile)!

Edited June 1, 2020 by ra0010