回複:回複:你有律師幫你處理這個案子嗎?

來源: 863211 2013-03-04 03:17:20 [] [博客] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (2313 bytes)

按您說的拿給律師看了,律師建議可重新辦理!非常感謝您的指點!

-It seems the lawyer want to get more moeny from you and you not only pay more lawyer fee but also pay a lot of money for the new filing fee to USCIS.

It is very simple case and just file I-290B Motion to Reopen for the I-130 (not need to reopen the I-485 which will automcatically reopen after the I-130 reopen).

Read the following from:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=343df95c93228210VgnVCM100000082ca60aRCRD

Q. What is a motion to reopen?

A. A motion to reopen is a request to the original decision maker to review a decision. The motion must be based on factual grounds, such as the discovery of new evidence or changed circumstances, and “state the new facts to be provided in the reopened proceedings and be supported by affidavits or other documentary evidence.” See 8 CFR 103.5(a)(2).

If the underlying application or petition was denied due to abandonment (e.g. failure to respond timely to a request for evidence or a notice of intent to deny), a motion to reopen may be filed if it can be shown that:

  • The requested evidence was not material,
  • The required initial evidence was submitted with the application or petition,
  • The request for appearance or additional evidence was complied with during the allotted period, or
  • The request for evidence or appearance was not sent to the address of record. 

See this following website to file I-290B:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=621e2c1a6855d010VgnVCM10000048f3d6a1RCRD

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