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.
- Re: Help filing complaint: I-130 visa denial, 6/24/09, by Ron.
- Re: Help filing complaint: I-130 visa denial, 10/06/10, by John Pablo.
- Re: Help filing complaint: I-130 visa denial, 11/06/12, by Thuy Linh Tran Nguyen.
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