Legal Question in Immigration Law in Ohio

I am a U.S. Citizen and I filed I-130 petition for my mother but it was denied because I don't have a birth certificate only an affidavit and a document from my country's national registry. I have to file an appeal within next 30 days and provide more evidence. What should I do?


Asked on 8/04/15, 5:42 pm

2 Answers from Attorneys

Philip Eichorn Hammond Law Group

Call our kffice. We can review the USCIS decision to determine if an appeal is the best course of action or if filing a new petition may be in your best interest. Appeals are limited to the evidence previously provided. You may not have submitted the best evidence to win your petition but if you did then an appeal is appropriate. Otherwise filing a new petition is the better course of action.

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Answered on 8/05/15, 5:55 am
Michael Brandabur Brandabur Law, LLC

You should submit documentation in the proper form to explain the non availability of the birth certificate. The type of documentation depends on the country and circumstances in question. If it is not available, you need the appropriate government agency to state that, as well as explain why, such as all records from that time period were lost in a fire, or whatever the explanation is. I would then also provide the secondary forms of evidence with your response. That is a list of evidence and documentation that is available on the USCIS web site, as well as in your paperwork. If you are not sure how to proceed, then I would recommend you retain the services of a knowledgable immigration attorney. Your issue is not uncommon, and is one that should be resolved in your favor. It will just require some time and expertise.

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Answered on 8/05/15, 6:13 am


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