Legal Question in Immigration Law in California
I140 denied, I290B rejected due to untimely submition,
In Jan 23rd 2007 I had recived the denyed decision after interview on I485. I140 was denyied.
Our lower has the proof that the desicion was made not correct.
On Jan 31 2007 my lower submited the motion to reopen form I290B.
After that we've recive a recipt for that. Tha recipt date FEB 22 2007 on form I290B which was transfered to Appeal office for the decision.
On Jan 06 2009 we have recived a response that the appeal was rejected due to untimely filing they have recived it in 24 days instead of allowed 18.
The Appeal was submited on time but its some how reached late on the their end.
Now The appeal is rejected. The appeal is now transfered to Ca Service Center Director as a motion to reconsider for the Director to make a last decision.
Please advise what steps needs to be done.
Our Questions:
Do we need to submit motoin to reconsider or we need to wait?
Do we need to note AAO office that the appeal was submited on time?
When do you think is CA Service center will make a desicion?
Please advise.
2 Answers from Attorneys
Re: I140 denied, I290B rejected due to untimely submition,
Your matter is complex and you should get an attorney. If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation
Re: I140 denied, I290B rejected due to untimely submition,
You need a second opinion. To arrange that, you should gather as much of the documentation on your case as you have and contact an attorney like myself to review everything in order to provide you realistic odds of success given your current course, timing issues and other possibilities.
Has your lawyer discussed with you unlawful presence? If not, you need an appointment all the more. If you are unable to be successful with what you are doing, there are grave consequences to you which you must be made aware of. It may be time for a new lawyer.
Write to me at [email protected] or check me out at http://www.yardum-hunter.com.
Sincerely,
Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization
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