Legal Question in Immigration Law in Florida

My wife filed an I-130 for her mother, wife is a USC but was born in Venezuela so her birth cert is in Spanish. We paid to have it translated and certified but received a letter from USCIS denying the I-130 due to not submitting a certified translation. My wife thinks she could have forgot to include the 2nd page of the birth cert translation which contained the certification language and notory stamp. My question is can we appeal the denial using form EOIR-29 and include the full certified translation as the grounds for the appeal? Thanks.


Asked on 9/21/15, 11:07 am

2 Answers from Attorneys
Philip Eichorn Hammond Law Group

You can file a motion to reopen or refile the I-130. An appeal is indicating there is USCIS error in deciding the matter. Based on what you've put forth, USCIS did not err. If you file the MTR there is no known time frame for a response and it is more expensive than filing a new I130. I usually recommend filing a new I-130 for these situations.

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Answered on 9/21/15, 12:29 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600 to discuss your case and matters. Kind regards, RDM

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Answered on 11/07/15, 2:46 pm


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