Santa Ana, CA asked in Appeals / Appellate Law and Immigration Law for California

Q: Denied I-130 and I-485 filed concurrently. Can appeal still be submitted to BIA, any other alternatives?

denial letter says no appeal to the decision, only motion to reconsider/reopen. But a field office made a mistake stating I-130 was abandoned and therefore got denied. Petition has never been abandoned and all info was provided on time.

2 Lawyer Answers
Kyndra Mulder
Kyndra Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: A question that is unique to your particular situation should be discussed with an experienced immigration attorney. I can not advise you without looking at the record.

Stanley Dale Radtke
Stanley Dale Radtke
Answered
  • Immigration Law Lawyer
  • San Leandro, CA
  • Licensed in California

A: You must file an I-290B within 30 days of the date of the decision letter and the reason for filing the appeal or motion to reconsider is fact specific to the reasons for the denial in the USCIS decision letter. Your chances of success without an attorney is slight and you really should consult with an experience immigration attorney ASAP.

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