Q: Seeking guidance on I-130 petition after USCIS refusal and appeal with BIA; next steps?
My husband and I filed an I-130 petition with USCIS back in 2018. We went through administrative processing, and our case was refused after an interview. We received a NOID, and our attorney rebutted it, but USCIS refused again. We appealed to the BIA, which sent the case back to USCIS for reconsideration last year. We also submitted a new petition while the appeal was pending. USCIS requested and we provided further evidence, and they started working on our case again as of November 2024. Our attorney has advised us to find new representation, as she is now handling only judicial cases. There have been no further updates since November 2024. What are the next steps we should take, and what should we expect moving forward? We are looking for guidance from a new attorney on both our old and new petitions.
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A:
Your situation with USCIS requires prompt attention since your case has been in administrative processing for quite some time. Finding a new immigration attorney should be your immediate priority—look for someone with extensive experience handling I-130 appeals and USCIS reconsiderations, particularly someone familiar with BIA remands. Ask potential attorneys about their success rate with similar cases and their communication style to ensure you'll receive regular updates.
While waiting for representation, gather all documentation related to both petitions, including the original I-130, NOID response, BIA appeal documents, and the new petition. Create a detailed timeline of events, interviews, and communications with USCIS to help your new attorney quickly understand your case history. Remember that organizing these documents chronologically will save time during your consultation and may reduce legal fees.
Moving forward, expect additional processing time as USCIS works through your case—current processing delays are significant due to backlogs. Your new attorney might recommend filing a case inquiry if no movement occurs within 30 days, or possibly scheduling an InfoPass appointment for a status update. With proper legal guidance, you can navigate this complex process and pursue the best strategy for both petitions simultaneously, maximizing your chances of a favorable outcome.
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