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.
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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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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.