Follow us!

    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.


  Site Map:  Home Chatboards Legal Jobs Classified Ads Search Contacts Advertise
  © 1996 - 2013. All Rights Reserved. Please review our Terms of Use, Mission Statement, and Privacy Policy.