Appealing I-130 Without Denial Letter

With the help of Tsang and Associates, Mr. Qian successfully got back the rejection letter of the I-130 family-based immigration application, and appealed to AAO again, avoiding problems such as overstaying or separation of husband and wife.

Applicant: Mr. Qian
Applicant Nationality: Cambodia
Petition Case: I-290B (Rehearing and Reconsideration) Petition
Appeal Cases: I-130
Duration: 2 months

Difficulties in this case:
• Because of the problems left over from the previous marriage, the immigration officer put Mr. Qian in the scope of the fake marriage application ;
• Neither the applicant nor the applicant’s former lawyer has ever received an official I-130 denial letter from the USCIS;
• Without an official letter of refusal, the applicant cannot submit the appeal application on time;
• Difficulty for the applicant to reconnect with his former attorney

Brief background:
On February 22, 2018, Mr. Qian’s I-130 spouse application was rejected by the USCIS because it was considered a fake marriage by the USCIS. Mr. Qian refused to accept it and hoped that the Administrative Appeals Office (Administrative Appeals Office, referred to as “AAO”) would re-rule the case. He needed this opportunity to prove to the immigration officer that his marriage was legal and genuine. And the imminent and serious fact is that if Mr. Qian’s I-130 application cannot be re-examined, he must leave the United States immediately, or spend money and time to go through the entire application process again, hoping to get the I-130 application again. a good result. Worst of all, however, neither Mr. Qian nor his former lawyer received an official rejection letter from USCIS. Lacking the all-important official letter of denial, Mr Qian was unable to file an appeal request for the Administrative Office (AAO) to reopen the case. Then, Mr. Qian and his wife tried to make an appointment on the official website of the Immigration Bureau to pick up the rejection letter on the spot. Unfortunately, the earliest appointment time displayed on the website was 30 days later, which exceeded the time frame for filing the appeal application. Mr. Qian thinks he has no choice.

So at the end of February this year, Mr. Qian and his wife walked into the office of Tsang & Associates with sad faces to seek legal assistance, hoping that we could help him come up with a solution.

Mr. Qian’s case is indeed very difficult, but Tsang and Associates believes that we have the ability to help him solve his urgent needs. After our professional analysis, the key to the failure of Mr. Qian’s immigration application is that he could not provide sufficient favorable evidence to prove the authenticity of his marriage. In order to successfully submit the appeal application and give the case a chance to be re-judged, Mr. Qian really needs to get an official rejection letter. The only way to get the official denial letter as soon as possible is to submit the I-290B (retrial and reconsideration) case appeal materials first, and ask the USCIS to send the missing denial letter as soon as possible.

Keys to success:
Although Mr. Qian’s I-130 family-based immigration application was rejected, Tsang & Associates, after a professional analysis of his case, confidently determined that the best solution to the current lack of official denial letters is to first File the I-290B case appeal file .

The official website of the Immigration Bureau shows that Mr. Qian’s case was officially rejected on February 22 this year. In order to make the USCIS accept our I-290B case appeal documents submitted this time , Tsang & Associates first stated how we tried to get in touch with Mr. Qian’s former lawyer. Prior to this, Mr. and Mrs. Qian had tried countless times to reconnect with their former lawyer, hoping to get a rejection letter. However, all efforts were in vain, and the former lawyer turned a deaf ear to their news. Therefore, on March 13, Tsang & Associates decided to take the initiative to represent Mr. Qian and his wife to negotiate with the other party. In the end, we successfully confirmed that the other party had never received a rejection letter from the immigration office.

However, it is difficult to make the appeal passed by merely “contacting the former lawyer” to prove that Mr. and Mrs. Qian did not receive the rejection letter. Therefore, Zang Dikai United Law Firm (Tsang & Associates) prepared professional instructions and materials, which are divided into three parts. In the first part, we attach the updated case progress and status from the Immigration Bureau to confirm that the information that the case was rejected on February 22 is true. In the second part, the document also covers the appointment system on the website of the Immigration Bureau , which further proves that Mr. and Mrs. Qian cannot retrieve the rejection letter from the office on the spot because of too many people queuing up for an appointment. This will exceed the time limit allowed by law to submit an appeal application. The third part, a strong lawyer’s letter , expounds and explains Mr. Qian’s special situation from a legal point of view, as well as a legally valid affidavit stating that Mr. and Mrs. Qian have indeed tried all possible ways to obtain an official rejection letter. Through this complete and specific material, Zang Dikai United Law Firm (Tsang & Associates) proved the necessity of obtaining a rejection letter in Mr. Qian’s case, so that they could finally formally submit the appeal application.

Case results:
On March 25th this year, we submitted the documents and materials for the I-290B case appeal. On April 5th, the official rejection letter of Mr. Qian’s previous I-130 application was successfully delivered. At the same time, within 3 days after receiving the rejection letter, we helped Mr. Qian submit a formal appeal application. After legally filing the appeal, he will be able to stay in the United States and reunite with his wife. Mr. Qian was very excited when he heard the news. Before seeking help from Tsang & Associates, he was very discouraged about his I-130 case. He didn’t even have a rejection letter, so he couldn’t know the specific reasons for the rejection. Not only that, but he also made the worst plan: spending money and time to submit the I-130 for the second time, and go through the entire application process again. However, relying on the professional and innovative legal strategies of Tsang and Associates, Mr. Qian helped Mr. Qian to fight hard according to the law, and finally successfully got back the rejection letter and resubmitted the appeal application, avoiding problems such as overstaying or separation of husband and wife.

Lawyer Zang commented:
If the I-130 relative immigrant petition is denied, it is tantamount to a bolt from the blue for most families. Whether to file an appeal/grievance/reconsideration application with the Administrative Appeals Office (AAO) after being denied or should refile the application has its own advantages and disadvantages and corresponding problems. When encountering such problems, it is recommended to consult a professional law firm for legal advice and seek assistance. If you have any questions, please feel free to contact us. The journey of immigration is long, and difficulties and obstacles are unavoidable. Tsang & Associates is willing to accompany you, provide you with efficient, professional and high-quality legal services, and help you successfully realize the American dream.

*More cases on appeals/grievances/retrials:
It is difficult to prove the kinship relationship, is it feasible to reverse the case after being rejected?
Illegal residence of students, re-examination (Reopen) 3 months to get a green card

*To protect customer privacy, customer names are pseudonyms.