Legal Question in Immigration Law in New Jersey

Petition for an F-2B Category - Ineligible

My mom filed a petition for the brother was NOT married and was approved and being processed by the NVC. However, when adding his 2 kids, the birth certificates stated that he was married. He has a court order, which stated that his marriage is NULL and VOID. We sent the court documents, including the birth certificates of his 2 children, to NVC. They acknowledged the addition and said that they would send us the ''bill'' for the 2 additions. After a few months, they sent his papers back to USCIS because he became ineligble for F-2b category due to the fact that he's married. Should an appeal be filed? If so, with an attorney or can it be done without a representative. Thanks.


Asked on 1/24/05, 3:21 pm

2 Answers from Attorneys
Baoqin Wang Law Office of Baoqin Wang

Re: Petition for an F-2B Category - Ineligible

If you have enough evidence to support that your brother is not married, your mother can file an appeal. Better seek attorney's help and meet the appeal deadline.

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Answered on 1/24/05, 5:30 pm
Deborah Frankel Deborah Frankel

Re: Petition for an F-2B Category - Ineligible

Why was his marriage null and void? His attorney should write to NVC and VSC arguing that he is still 2B since he was never married and explaining why and enclosing a copy of the court order.

Please let me or my immigration law colleague, Allen Kaye, know if we can be of further assistance.

Attorney Kaye's contact details are:

Allen E. Kaye, Esq.

Law Offices of Allen E. Kaye, P.C.

111 Broadway, 13th Floor

New York, New York 10006

Phone: 212-964-5858

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Answered on 1/27/05, 8:25 am


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