Successful I-290B Motion to Reopen Helped F2B-Category Applicant Retain Initial Priority Date
We would like to share another successful case of our firm with you today.
The client filed an I-130, Petition for Alien Relative, but USCIS requested more evidence. After failing to submit the supplemental documents as requested, the case was denied. With our help, the client reopened the I-130 by submitting I-290B and reopened the case successfully.
The client showed us the Request for Evidence (RFE) issued by the USCIS. Now let's look at the reasons provided in the RFE letter. The letter stated that "if you submit a document in any language other than English, the document must be accompanied by a full and English translation. The translator must certify that the translation is accurate, and he or she is competent to translate from that language to English. If you submit a foreign language translation in response to this request for evidence, you must also include a copy of the foreign language document."
The letter further explained that in the cases of permanent residents of the United States apply for unmarried adult children, the children must be unmarried and under the age of 21 and have the legally required relative relationship with the United States permanent resident. In this case, the child's birth certificate and its English translation submitted by the client did not meet the USCIS requirements to prove their relationship.
After analyzing the client's situation, we believe that the client did not correctly understand the RFE letter, rather than unable to provide the correct supporting documents. Therefore, we believe filing an I-290B (Motion to Reopen) is the best plan to solve the problem.
Four months later, the Motion to Reopen was approved. The client's rejected I-130 petition was reopened and sent back for further review, and USCIS gave the client another opportunity to resubmit the requested evidence.
Now, let us introduce you to the relevant information about Form I-290B. Generally, after the immigration application is denied, the applicant has the right to submit an I-290B form to challenge the denial decisions. I-290B includes three types of motions, Motion to Reopen, Motion to Reconsider, and a combination of Motion to Reopen and Reconsider.
A motion to reopen is based on documentary evidence of new facts. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision.
In this case, an important note to point out is that for the F-2B category application, which is for permanent residents who apply for unmarried adult children, is subject to a cap and has a priority date. If the client resubmits a new I-130 petition, his priority date would restart and they would have to wait longer before the new priority date is current.
After careful consideration, we decided to file an I-290B motion for the client to reopen their case. In this way, the client could resubmit the requested evidence and maintain their previous priority date. With our help, the client's case was successfully reopened and approved.
If you, or somebody you know, find yourselves in a similar situation, and you need immediate assistance, our offices are here to help.