Colombian Mother Denied

[firecrew1 2]

My wife (Colombian) now US Citizen filed an I -130 on July 5th 2019. She didn't include all the required paperwork and it was denied on April 29th 2020. I filed an Appeal May 16th 2020 and submitted all the required documents. May 26th 2020 received a Receipt on Form I 797C then on 7-21 2020 she received Form I 797C notice of Action which Transferred her case to the Potomac Service Center. On May 28th 2021 Received a letter from Office of Chief Counsel USCIS dated April 30th 2021; Notice to Petitioner Appeal has been forwarded to the Board of Immigration Appeals. To check the status of your appeal write to US Department of Justice in Falls Church Va. 

Office of Chief Counsel USCIS included an A number so I wrote to the Dept of Justice June 5th 2021 including a copy of the letter I received from USCIS and they wrote back June 11th 2021 No record of the "A" number and No Record of a case pending.  The wife’s mother has a visitor’s Visa and has been in the USA three times never over staying or working. 

Any advice would be helpful. 

[PaulaCJohnny 713]

What was the document that was not included on the first time?

[Mike E 11,742]

9 minutes ago, firecrew1 said:

She didn't include all the required paperwork and it was denied on April 29th 2020.

What was missing paper work?

 

You can write the person who said BIA had the case but you might find this has gone beyond a DIY case.  

Edited July 7, 2021 by Mike E

[PaulaCJohnny 713]

15 minutes ago, firecrew1 said:

My wife (Colombian) now US Citizen filed an I -130 on July 5th 2019. She didn't include all the required paperwork and it was denied on April 29th 2020. I filed an Appeal May 16th 2020 and submitted all the required documents. May 26th 2020 received a Receipt on Form I 797C then on 7-21 2020 she received Form I 797C notice of Action which Transferred her case to the Potomac Service Center. On May 28th 2021 Received a letter from Office of Chief Counsel USCIS dated April 30th 2021; Notice to Petitioner Appeal has been forwarded to the Board of Immigration Appeals. To check the status of your appeal write to US Department of Justice in Falls Church Va. 

Office of Chief Counsel USCIS included an A number so I wrote to the Dept of Justice June 5th 2021 including a copy of the letter I received from USCIS and they wrote back June 11th 2021 No record of the "A" number and No Record of a case pending.  The wife’s mother has a visitor’s Visa and has been in the USA three times never over staying or working. 

Any advice would be helpful. 

The last time you post something people asked you for more information about the case and you didn’t answer. If you really want help here you need to be honest and share more about the case.

When did your wife became  an US citizen?

Edited July 7, 2021 by PaulaCJohnny

[Marieke H 2,523]

On what grounds did you file an appeal? Normally you would appeal a decision if you believe USCIS made a mistake when they denied you. If your petition was incomplete, it really was your own fault that it was denied, and the best way to resolve it would be to file a new, complete petition.

[PaulaCJohnny 713]

5 minutes ago, Mike E said:

What was missing paper work?

 

You can write the person who said BIA had the case but you might find this has gone beyond a DIY case.  

Looks like he or his wife didn’t provide a proof of citizenship but he didn’t give more information. OP needs to share more about it. Something is missing… 🥸

 

Edited July 7, 2021 by PaulaCJohnny

[carmel34 3,650]

I'm only somewhat familiar with the I-130 petition denial/appeal process, but from what you wrote, I would wait a little longer before doing anything else, as the I-130 appeal process takes a long time.  Others in your situation have decided to just send a new I-130 petition because of all the delays in trying to appeal.  Maybe try contacting the Dept. of Justice again in a month or two, or just wait and see if they find the file and eventually make a decision on the case.  Knowing the reason for the initial denial would be helpful, so that if you choose to start over again with a new I-130 package, you can overcome the reason with additional documents as needed.  This may be one of those cases where an experienced US immigration attorney would be helpful.  You can also try to get your senator or congress representatives involved, but wait a few more months to give the slow-moving US government system time to make a decision.  Good luck!  

[firecrew1 2]

I'm not sure what she failed to include and she says she can't remember. It was 2 years ago now.  I'm positive I included everything required for the Appeal. 

I failed to say that I copied to the USCIS lawyer the letter I sent  to the Dept of Justice as she requested then my last letter was to USCIS lawyer on June 15th 2021 explaining what the Justice Dept said.  No response so far. 

[Marieke H 2,523]

Just now, firecrew1 said:

I'm not sure what she failed to include and she says she can't remember. It was 2 years ago now.  I'm positive I included everything required for the Appeal. 

I failed to say that I copied to the USCIS lawyer the letter I sent  to the Dept of Justice as she requested then my last letter was to USCIS lawyer on June 15th 2021 explaining what the Justice Dept said.  No response so far. 

Again, if she failed to submit a complete petition, an appeal is pointless. USCIS did not make a mistake when they denied the petition.

[Mike E 11,742]

@firecrew1 in your other thread (which you abandoned) the missing document was proof of US citizenship.  
 

Was the request for your proof of US citizenship or your wife’s?

 

If your wife’s, what document did she send?

 

If your own proof of US citizenship, then that is strange, and suggests USCIS reviewed your original I-129F and/or I-485  that you filed for your wife and found an issue with your evidence of US citizenship.  Do you have any idea why USCIS would suspect a problem?

[firecrew1 2]

My wife became a US Citizen January 16th 2015 

[Marieke H 2,523]

2 minutes ago, firecrew1 said:

I'm not sure what she failed to include and she says she can't remember.

From now on, make sure to keep copies of everything you send to USCIS.

[PaulaCJohnny 713]

2 minutes ago, firecrew1 said:

I'm not sure what she failed to include and she says she can't remember. It was 2 years ago now.  I'm positive I included everything required for the Appeal. 

I failed to say that I copied to the USCIS lawyer the letter I sent  to the Dept of Justice as she requested then my last letter was to USCIS lawyer on June 15th 2021 explaining what the Justice Dept said.  No response so far. 

I advise you to or know better about the case or ask her to create her own profile here. Is hard to give any good advice with missing information 

[arken 4,197]

As already said, your motion to appeal will very likely be denied. It will only be approved if it is proven USCIS denied the petition due to their mistake. Your own posts says it wasn't their mistake.

 

You would have saved time and money by just filing a new i130. You can still do so.

[Marieke H 2,523]

That decision letter states that she did not include any evidence. Did she submit an I-130 without any other documents? If she did, USCIS was correct in denying the petition and, as I have said before, an appeal is pointless.