Colombian Mother Denied

[arken 4,197]

In an extreme rare chance, this appeal could only be approved if a very sympathetic immigration judge/s who never liked the uscis memorandum of denying cases without issuing an rfie or rfe first, rules in the petitioner's favor saying that they were never provided a chance . But again, wat's the probability?

Edited July 7, 2021 by arken

[Rocio0010 5,635]

Just now, arken said:

In an extreme rare chance, this appeal could only be approved if a very sympathetic immigration judge/s who never liked the uscis memorandum of denying cases without issuing an rfie or rfe first, rules in the petitioner's favor saying that now they were never provided a chance . But again, wat's the probability?

Not to be a party pooper, but in all my years with immigration, I've never seen something like that.

[Marieke H 2,523]

You seem to be holding on to this idea that your appeal will lead to some miraculous approval. It is not going to happen. Your wife did a terrible job submitting that I-130 and leaving out crucial evidence that is listed in the instructions. USCIS was right when they denied the petition. USCIS did not make a mistake, so appealing their decision is pointless.

 

Stop wasting time. Research the I-130 and file a proper petition with all the required documents. Withdraw the appeal because it will lead nowhere.

[SusieQQQ 11,587]

23 minutes ago, firecrew1 said:

The BIA is not civilian, it is part of the department of justice.

 

 

 

 https://www.justice.gov/eoir/board-of-immigration-appeals

 

 

 

Edited July 7, 2021 by SusieQQQ

[Rocio0010 5,635]

It all boils down to the I-130 instructions:

 

Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the General Requirements section of these Instructions. USCIS may issue a Notice of Intent to Deny (NOID) or a Denial Notice for

petitions filed without the required supporting evidence.

 

 

[SusieQQQ 11,587]

13 minutes ago, arken said:

In an extreme rare chance, this appeal could only be approved if a very sympathetic immigration judge/s who never liked the uscis memorandum of denying cases without issuing an rfie or rfe first, rules in the petitioner's favor saying that they were never provided a chance . But again, wat's the probability?

There is no onus on uscis to send RFEs; the petitioner is supposed to send in a complete petition. It almost sounded like nothing was sent in with this one (the attachment has been removed and I can’t check now), whereas if it had been just one missing piece they may have sent an RFE. In any case, back to the RFE issue, the policy guidance was published in 2018 well before this petition:

U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility. 

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-for-certain-requests-for-evidence-and-notices-of-intent-to-deny

[firecrew1 2]

Thanks for looking into it Susie. Yes when I saw the dept of justice I  thought of trouble then when I wrote to them and they never heard of our case I wrote back to the lawyer at uscis who said she sent our case to the dept of justice. Haven't received a reply. I'm sure we need to start over. 

[Rocio0010 5,635]

Just now, firecrew1 said:

Thanks for looking into it Susie. Yes when I saw the dept of justice I  thought of trouble then when I wrote to them and they never heard of our case I wrote back to the lawyer at uscis who said she sent our case to the dept of justice. Haven't received a reply. I'm sure we need to start over. 

OP, USCIS is heavily backlogged as it is, and they will not "hear" your case SIMPLY BECAUSE IT WAS RIGHTFULLY DENIED!!! So, start over, and get rid of that attorney, who clearly made a "mistake" in filing for an appeal. And yes, the "" was intentional because I doubt it was a mistake: some attorneys give you false hope as long as you pay them.

[firecrew1 2]

[firecrew1 2]

[Rocio0010 5,635]

5 minutes ago, firecrew1 said:

EOIR IS, in my understanding, a review board for immigration cases. You sent your appeal to them, right? Then if there is no case pending, it might very well be because they didn't even review your appeal, seeing that you didn't send the required documents AND IT WAS NOT THEIR MISTAKE. 

[firecrew1 2]

I never hired a lawyer. The lawyer I am talking about works for The Office of Chief Counsel USCIS. She sent my case to the Department of Justice

[arken 4,197]

22 minutes ago, SusieQQQ said:

There is no onus on uscis to send RFEs; the petitioner is supposed to send in a complete petition. It almost sounded like nothing was sent in with this one (the attachment has been removed and I can’t check now), whereas if it had been just one missing piece they may have sent an RFE. In any case, back to the RFE issue, the policy guidance was published in 2018 well before this petition:

U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility. 

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-for-certain-requests-for-evidence-and-notices-of-intent-to-deny

I know that i am saying if an immigration judge at BIA can make a decision based on what he/she interprets of the situation.

I said it may happen in an extreme rare case.

 

Remember a post by someone who went through appeal and one or two i130s were denied by uscis but overruled by BIA after DNA evidence was submitted with the appeal. In that case too, uscis was right to deny the petition but still the BIA overruled.

Edited July 7, 2021 by arken

[SusieQQQ 11,587]

9 minutes ago, firecrew1 said:

I can understand this all looks very frustrating but given you have about a snowball’s chance in hell of being successful in the appeal anyway I’d just let it go and file a new petition. Like, right now. Get off VJ and onto the uscis website, do it online, make sure you upload everything they ask for, then come back and tell us it’s successfully submitted.

[Marieke H 2,523]

From the denial letter: "The I-130 you submitted did not include any initial evidence or supporting documentation."

 

Why you think appealing this denial will lead to anything is beyond me. You submitted the form without any further documentation, so you were rightfully denied.