CIS didn't sent complete pack to the BIA!

Asked over 1 year ago - Phoenix, AZ

On Oct. 2009 I filed I-290B & EOIR-29 at the same time, On Dec. 2009 I filed a supplement to the EOIR-29, all filing were sent to the local CIS. Last month CIS deny the MTR I-290B and forward the EOIR-29 to the BIA, CIS deny that they received our supplement!! now the BIA doesn't have the supplement which include important allegations, the Q. can I send the supplement pack direct to the BIA? my concern is if I re-send it to CIS they may not send the supplement to the BIA and hold it for 3 years as they did with the MTR!

Also, 2 weeks ago I filed a new EOIR-29 for the last month denial.

Please Advice.

Additional information

Original its I-130 denial

Attorney answers (3)

  1. Jeffrey Adam Devore

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . As my colleagues have intimated, it appears that you are in (perhaps considerably) over your head here. A few points to consider:

    1) On an I-130 denial, you can supplement (i.e. submit additional evidence) the record on a motion to reopen. You cannot supplement it on an appeal to the BIA. Thus, it appears that the fact that the BIA will not receive your a "supplement" does not result in any prejudice to you. The BIA can only review what was used by USCIS to make it's decision (note you said you filed a supplement to your appeal not MTR)..

    2) The process of appealing the denial of an I-130 is extremely slow. It is often better to file a new I-130 and start with a clean record. You are not prevented from filing another I-130 just because an appeal is pending. Moreover, obtaining an adverse decision from the BIA can actually hurt you if you want to try this in the future.

    3) The fact that this has gone on for 3+ years (not including the time the I-130 was originally pending) is excessive. Depending on the fact of your case, however, it may be useful in obtaining a remand from the BIA.

    How best to proceed in your case will depend upon its specific facts. The fact that you have let this go on for 3+ years is not promising. I recommend that you consult with an experienced immigration attorney who can review your case and advise you how best to proceed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  2. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . I know this may seem obvious but ... why do I see you saying that "I" sent this and "I" sent that?

    This is not something you should do yourself.

    Find an attorney ... as-soon-as-possible.

    If you are low income go here: www.justice.gov/eoir/probono/states.htm or http://www.immigrationlawhelp.org/

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Jose Antonio Moreno

    Contributor Level 15

    2

    Lawyers agree

    Answered . I STRONGLY agree.

    I doubt you cut your own hair.....most people don't. However, an argument can strongly be made that your entire future, which is dependent on your immigration filing, is way more important to you than a haircut. Also, hair studios near me do not require 7 years of post high-school education to be able to practice the profession. So, if you won't cut your own hair because you are likely to mess it up, I urge you to take your immigration issue and apply the same logic starting today. Your likely to find we're more valuable than you may have once thought, considering my example and your experience supra. (that's a cool term I picked up somewhere in my training) Your DIY immigration hat needs to be retired, immediately. Cheers, and good luck!

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