Our I-130 was denied last year and we appealed with the local USCIS office as instructed in the denial. We just learned thru the INFOPASS apt that the local office sent the whole file to the National Benefits Center instead of the BIA. Is this normal, shouldn't it be sent to the BIA?
CIS has the option of 'reconsidering' a denial and they can use the NBC to 'track' where it is being processed.
Do you have a lawyer?
It's not too late ... this is serious and you should make sure you have professional help.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
No. Not normal.
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If your I-130 was denied, you really should retain a lawyer and get professional assistance. It appears that the matter is becoming increasingly complicated, and you will benefit considerably by getting a lawyer involved sooner rather than later.
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1 lawyer agrees
You should call the Immigration helpline (800) 375-5283, give them the I-130 receipt number, and see if they can get a response from the National Benefits Center. The NBC does not handle appeals, so it is curious as to why the file was sent to their office.
You should probably consult an attorney if you do not hear back soon.