Re: Help filing complaint: I-130 visa denial
Posted by Dilbag Pannu on 7/17/08

I read about the denial of an I130 on the USCIS website. Of
course it had no explanations. This was in November 2005.
Apparently, a letter from the USCIS was returned to them
undeliverd. A follow on letter was also returned undelivered.
After many calls with the USCIS customer service, I was told
to go to the National Records office to get the denial letter.
I am not sure what the first letter was all about but the case
was denied for "abandonment". The denial letter mentioned form
M-188 but the records office could not locate it. Anyway, now
almost 3 years later, I was told that the decision cannot be
appealed because I would have had to make the appeal within
thirty days of the denial letter, which was never delivered !
My only course of action is to re-apply and wait perhaps
another 12 years before possibly getting approval. This is
totally redicoulus for a genuine immigration petition case. Is
there another avenue which may allow me to keep my original
priority date ?

Any help would be most appreciated.


On 9/25/07, Susan wrote:
>
> You file an appeal within 30 days to the Administrative
> Appeals Unit of CIS. You do not file a civil complaint
anywhere.
>
> On 6/26/07, Martina wrote:
>> I only recently began working in immigration law and was
>> asked to file a complaint regarding the denial of two I-130
>> visas for a client's children. I had initially put the
>> Secretary of STate and the Secretary of Homeland Security as
>> the defendants, but now I'm thinking it's just the Secretary
>> of State who is the appropriate defendant. I've looked at
>> INA 104 but that actually makes me think that the SoS is NOT
>> the person since he is specifically not charged with the
>> enforcement duties conferred to the consular offices
>> relating to the granting or refusal of visas.
>>
>> Any assistance would be greatly appreciated.
>>
>> Thanks!

Posts on this thread, including this one

• Help filing complaint: I-130 visa denial, 6/26/07, by Martina.
• Re: Help filing complaint: I-130 visa denial, 9/25/07, by Susan.
• Re: Help filing complaint: I-130 visa denial, 7/17/08, by Dilbag Pannu.