Legal Question in Immigration Law in Missouri

What are my options if my I-130 denied?

I received a denial letter stating that my I-130 was denied because the immigration officer did not believe the marriage was bona fide. Can I appeal this or should I reapply?


Asked on 1/18/09, 3:26 pm

2 Answers from Attorneys

Rebecca White Law Office of Rebecca White

Re: What are my options if my I-130 denied?

There may be options for either appeal or refiling, but I would need more details - is your spouse in the US now, the date of the denial, and so forth.

Please email or call my office if you would like to set a time to discuss your situation.

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Answered on 1/18/09, 3:58 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: What are my options if my I-130 denied?

When you received your denial, you should have also received an appeal form to appeal your case. Must do it within 30 days of the decision. So you can appeal. But you ask whether you can appeal or should you reapply? It depends. If the immigration officer denied your I-130 for bad reasons, that is, you and your spouse provided good documentation to show your marriage is real, and you are wiling to fight them off -- usually it's good to fight if you believe they are wrong. If you reapply, the problem is that the denial for the first one will sit in the file -- and invariably the officer will simply deny you again because the first one did. (Remember, we do not pay the government to "think" so don't be disappointed when government agents don't -- think, that is.) Please call my office if you want further information because then you can give me an idea of the denial. In any case, good luck!

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Answered on 1/18/09, 10:05 pm


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