Legal Question in Immigration Law in California

If you are the petitioner, and you now have a copy of your naturalization certificate, then the decision can go either way. If the officer reviewing your I-290B is conservative, he/she may require the proof that you sent out for the copy of your certificate. Additionally, they may question why you didn't follow up on your naturalization certificate, if you knew there was a deadline in which to submit that document to the USCIS and you had not received it.

As a result, it may be more beneficial to just re-file your petition. However, this may depend on how the beneficiary is related to you, and whether that beneficiary is in the U.S. and is currently in status.

To discuss your specific options further, please contact me directly at 714 288 0574 or at [email protected]. Our office offers a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

I am assuming that you may have received a request for evidence from the USCIS, and you in turn, submitted a copy of your naturalization certificate in response to the RFE. But, it appears that your mail to the USCIS did not get matched up with your I-130 file. If this is the case, then perhaps you did not send in the response with the proper original blue form that the USCIS had initially sent (with directions as to how to submit the form). Since you do not have proof of sending the information, it is difficult to say what your chances are of trying to make a motion to reopen, as it depends on the officer reviewing the case. Since you do have a naturalization certificate, and you could draft an affidavit explaining that the information was sent in before the deadline, they may grant it. However, without more details, it doesn't seem like a very strong case (i.e., you don't have proof that it was USCIS error, proof that it was sent in, etc.) . If you can pay the fee and take the time to prepare the response, it may be worth the effort to try (at least to keep the priority date).

Otherwise, you may just opt to submit a new I-130 petition with the proper documentation.

We would be happy to discus other options or assist you in this matter. Please feel free to call our law offices at 415-387-1364 or email off line at [email protected].