Legal Question in Immigration Law in California

My brother's I-130 case filed in 2005 recently got denial, USCIS claims that I didn't respond to a RFE notice. If I-130 for my parents has completed and they lived here already, would my father's household registry still a material evidence to this case? I lost the RFE notice so I called USCIS within allotted period to request a re-issued one, I called a second time since I didn't receive it in a month then I got it. I mailed my documentation the next day, which is the same day CIS issued the denial. The return recipt shows my mail delivered but I called today and found out they are not working on it. Would such a delay be a good cause for a motion to reopen the case and worth trying? I need to prove either the evidence is not material or I sent it in timely. Or I need to refiled I-130 (USC) or my parents(grean card) for my divorced brother over 21(have a son)?


Asked on 12/04/09, 4:51 am

2 Answers from Attorneys
Michael Harris Law Offices of Kravitz and Guerra, P.A.

More information is needed to evaluate whether a Motion to Reopen may be possible. Did your parents file the original I-130 for your brother? Again, more information is needed in order to recommend options for you. This will be essentially because of the Priority Date that your brother may be able to benefit from, depending on whose petition is more favorable.

Note, most out-of-state attorneys can legally help you because we are permitted to practice federal immigration law outside of our state of jurisdiction. Please feel free to contact me for a free initial consultation.

Sincerely,

Michael A. Harris, Esq.

Associate Attorney

LAW OFFICES OF

KRAVITZ & GUERRA, P.A.

800 Brickell Avenue, Suite 701, Miami, Florida 33131

Please view my contact information for more information about my professional background.

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Answered on 12/09/09, 10:57 am
Jennifer Brill

To best determine if a motion to reopen is warranted and/or whether to refile I-130, we would need to review all your documents that you or your parents submitted, including the I-130 receipt notice, documents submitted in support of the petition, etc. I would be happy to assist you in this matter, and may phone 415-387-1364 or email [email protected] to better assess the situation.

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Answered on 12/09/09, 1:13 pm


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