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An I-130 form is a document used to establish a qualifying relationship between the United States Citizen applicant and one of their eligible relatives who wish to come to or stay in the United States permanently and apply for a green card. An eligible relative includes an immediate relative, the fiancé of a U.S. citizen, or other qualifying relative of a lawful permanent resident under the family-based preference categories. (for more information regarding green card eligibility through family, see https://www.uscis.gov/green-card/green-card-eligibility-categories).
Key Takeaways:
While receiving a rejection on your I-130 petition may leave you feeling defeated, there may be a few options available to you. There are several common reasons why your I-130 Petition may be denied. These include:
- Your application did not include complete documentation;
- Your relative is not eligible to receive a green card; or
- You failed to meet some other specific requirements.
Here are some steps you should follow when thinking of what to do next:
- Review your application for any potential errors: oftentimes when the applicant takes a second glance at the completed I-130 form, the error or omission can be pretty obvious;
- Review your notice of denial: United States Citizenship and Immigration Services (USCIS) should have sent you a notice of denial regarding your rejected I-130. This notice will contain an explanation as to why your I-130 was rejected.
After you have reviewed your application and notice of denial and you wish to continue with your application, there are two choices:
Refile your I-130
If you feel that appeal would be unsuccessful, you may attempt to file a second I-130 regarding the same immigrant. This time, be sure that all supporting evidence is included and that your relative meets the eligibility requirements for a green card.
Appeal the Decision
If you feel you have a solid understanding as to why your denied I-130 petition for arriving aliens failed after reviewing your application as well as your notice of denial, the next step may be to file an appeal. This is the best decision if the I-130 does not have any fatally flawed Decisions on I-130 forms are appealable within 30 days, but the deadline may be longer or shorter depending on what is indicated in your notice of denial.
To file an appeal on a rejected I-130, the applicant must file on Form EOIR-29 Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer. Do not file an I-290B Notice of Appeal or Motion. Appeals on I-130 forms are made to the Board of Immigration Appeals (BIA), not the USCIS Administrative Appeals Office (AAO). If you file an I-290B Notice of Appeal or Motion on your I-130, it will go unanswered, and you risk running out of time to appeal using the proper form. While you may submit a brief containing supporting evidence and arguments alongside your appeal, it is not necessary. You may submit the brief anytime within 30 days after filing the appeal.
A link to the form is available here, as well as on the USCIS website. To complete the form, you will need to know the title of your DHS Officer, the office where the DHS decision was issued, and the date of the decision (these should be available in your notice of denial). The form will allow you to elect whether you want an oral argument before the BIA regarding your petition or not. If you intend to file a separate written brief or statement after filling out the notice of appeal, you must state so on the EOIR-29, Be sure to follow all of the general instructions listed on the EOIR-29 form.
In the event your appeal is denied, you may then seek a judicial decision regarding the I-130 petition.
Other Options
If you feel you have hit a dead end with respect to your I-130 petition, there may be other alternatives to successfully allowing your relative to immigrate. An employment-based petition using form I-485, a student visa petition using DS-160, or a humanitarian-based petition may all be available depending on your circumstances. If you need more information regarding your case before moving forward, you can contact USCIS at one of their local field offices and schedule an appointment.
If you have had your I-130 petition denied and are thinking of appealing or refiling, the experienced attorneys at O’Flaherty Law may be able to help you. Feel free to give our office a call at 630.324.6666.
Sources:
U.S Citizenship and Immigration Services, I-130, Petition for Alien Relative
U.S Citizenship and Immigration Services, Questions and Answers: Appeals and Motions
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