USCIS denied my patition

[noman shahid 1]

Hi I am from Pakistan my US. Citizen sister apply my I 130 patition in oct 2021. Since then I was waiting to get  any response from USCIS on my petition. But unfortunately they send a RFE on Feb 2024 which I wasn't aware and my sister also so we miss that RFE request and in RFE they just ask for a foreign language birth certificate. So me and my sister miss that RFE request and on the 9 May they send case denied letter state that you didn't respond to RFE.now I need a help can I appeal to USCIS to not denied my case.can I respond to RFE please help 

[milimelo 4,597]

Your sister can file a new petition for you - make sure to include ALL required documents as part of the petition. It will be close to 20 years before you get an immigrant visa so keep that in mind. 

[noman shahid 1]

  On 6/3/2024 at 7:21 PM, milimelo said:

Your sister can file a new petition for you - make sure to include ALL required documents as part of the petition. It will be close to 20 years before you get an immigrant visa so keep that in mind. 

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But what about the fee and time we wait it will Wast money any time if she apply again we have to pay fee again and the time I wait will be wasted.is there any other way to continue same patition??

[milimelo 4,597]

It's not USCIS' fault you didn't provide everything needed for them to approve the petition and didn't respond to RFE. That's on the petitioner. You can try to fight it but that's $700 and given that it wasn't their fault it's just money down the drain. 

File a new petition and do it right this time. Yes, more $ and more wait time but hopefully this time you'll pay close attention to what all is needed so you don't get an RFE.

[SalishSea 18,372]

  On 6/3/2024 at 7:28 PM, noman shahid said:

But what about the fee and time we wait it will Wast money any time if she apply again we have to pay fee again and the time I wait will be wasted.is there any other way to continue same patition??

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With a 20+ year wait, an extra 3 years is not huge.   There is no refund for denied petitions due to errors or omissions.

[NorthByNorthwest 415]

  On 6/3/2024 at 7:28 PM, noman shahid said:

But what about the fee and time we wait it will Wast money any time if she apply again we have to pay fee again and the time I wait will be wasted.is there any other way to continue same patition??

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Appeals will typically not consider documents submitted after the denial decision was made so it is essentially useless to appeal a denial due to failure to respond to RFE.

 

As the others have said, your fastest option is for your sister to submit a new petition while discussing between the two of you why you missed the RFE. For example, did she move and failed to notify USCIS? You lost a few years in the queue, but since the total wait is likely to be 20+ years it will not have that big of an impact in the end.

[SalishSea 18,372]

  On 6/3/2024 at 7:44 PM, NorthByNorthwest said:

 

Appeals will typically not consider documents submitted after the denial decision was made so it is essentially useless to appeal a denial due to failure to respond to RFE.

 

As the others have said, your fastest option is for your sister to submit a new petition while discussing between the two of you why you missed the RFE. For example, did she move and failed to notify USCIS? You lost a few years in the queue, but since the total wait is likely to be 20+ years it will not have that big of an impact in the end.

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Just to add:  generally, appeals will not be considered when the error was not on the part of USCIS

[Sandra G. 5,084]

  On 6/3/2024 at 7:01 PM, noman shahid said:

Hi I am from Pakistan my US. Citizen sister apply my I 130 patition in oct 2021. Since then I was waiting to get  any response from USCIS on my petition. But unfortunately they send a RFE on Feb 2024 which I wasn't aware and my sister also so we miss that RFE request and in RFE they just ask for a foreign language birth certificate. So me and my sister miss that RFE request and on the 9 May they send case denied letter state that you didn't respond to RFE.now I need a help can I appeal to USCIS to not denied my case.can I respond to RFE please help 

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She needs to refile again, it was your/her mistake,not USCIS mistake. Prepare to wait 20 years to immigrate ok.

[KMG 176]

  On 6/3/2024 at 7:28 PM, noman shahid said:

But what about the fee and time we wait it will Wast money any time if she apply again we have to pay fee again and the time I wait will be wasted.is there any other way to continue same patition??

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 You don't get to blame this on USCIS. It sounds like you omitted a. basic document, to begin with- they had the courtesy to send an RFE to ask for it instead of completely denying you.   You didn't answer the RFE- so they denied you. They didn't waste your money or time.  If you refile I would recommend you keep on top of your case.

[WaterLeaf 201]

Can you keep track of documents and such through an online account with USCIS?

[powerpuff 6,749]

*** Thread moved form General Immigration discussion to Bringing Family members of US citizens as this is a sibling case ***