My i-130 was denied and i filed appeal and got approved apeal

[sam_khan 2]

hi,

My question is my lawyer filed appeal for i-130 denial and it got approved from appeal board  so  my lawyer is saying i have to file new i-130    is that true? i think if appeal is approved from board thats mean they should reinstate previous i-130 .

please guide me regarding this  should i wait for next step or should i file new i-130?

 

Thanks advance for replies

[Family 4,242]

Can you cross out personal info ( name case number, address ) and upload picture of the BIA decision 

[JeanneAdil 6,665]

19 hours ago, sam_khan said:

hi,

My question is my lawyer filed appeal for i-130 denial and it got approved from appeal board  so  my lawyer is saying i have to file new i-130    is that true? i think if appeal is approved from board thats mean they should reinstate previous i-130 .

please guide me regarding this  should i wait for next step or should i file new i-130?

 

Thanks advance for replies

i, also, appealed

u need to read the notice from with USCIS or Immigration court judge  (that was mine) to see what it says 

Mine from the court  said,  "appeal approved marriage is bona fida,  u r free to reapply"

Edited Saturday at 09:41 PM by JeanneAdil

[Family 4,242]

20 hours ago, sam_khan said:

hi,

My question is my lawyer filed appeal for i-130 denial and it got approved from appeal board  so  my lawyer is saying i have to file new i-130    is that true? i think if appeal is approved from board thats mean they should reinstate previous i-130 .

please guide me regarding this  should i wait for next step or should i file new i-130?

 

Thanks advance for replies

Even if you can’t upload decision, you do not have to refile the I-130 . It will be sent back / remanded to USCIS and petition reopened. 
They usually have the “ you’re welcome to reapply “ wording but that simply means you reapply for a denied I-485 or a re opened and updated DS-260 and pay IV visa fee for consular . You do not need to pay a new I-130 and waste time from beginning

 

I just wanted to confirm it was a decision from BIA ( after a successful EOIR-29). 
 

Edited Saturday at 10:48 PM by Family

[sam_khan 2]

14 hours ago, Family said:

Even if you can’t upload decision, you do not have to refile the I-130 . It will be sent back / remanded to USCIS and petition reopened. 
They usually have the “ you’re welcome to reapply “ wording but that simply means you reapply for a denied I-485 or a re opened and updated DS-260 and pay IV visa fee for consular . You do not need to pay a new I-130 and waste time from beginning

 

I just wanted to confirm it was a decision from BIA ( after a successful EOIR-29). 
 

Hi,

 I am uploading the pictures  of two letters  I got and on those letters not mentioned that I need to reapply

 

 

[Family 4,242]

They are going to reopen the I-130 , that part you don’t re file. 
Are in the US? Or home country ?

[sam_khan 2]

2 hours ago, Family said:

They are going to reopen the I-130 , that part you don’t re file. 
Are in the US? Or home country ?

I am in US 

[Family 4,242]

20 minutes ago, sam_khan said:

I am in US 

If you read it again , each paper paper says : 

This not the final BIA decision ( but you are winning ) and will get another notice, 

This what the opposition now thinks, send it back to Field Office Director to re open I-130

 

Now if the attorney had also filed an I-290B to preserve the I-485 , that is good. 
‘If not , you will just reapply for I-485 when you get BIA Final Decision Notice. 

 

Edited Sunday at 06:01 PM by Family