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I-751 filed as abused spouse denied after a Pro se mandamus action can I appeal late?

Asked almost 3 years ago - Los Angeles, CA

I-751 filed as abused spouse denied after 2yrs with the pressure of a Pro se mandamus forcing to adjudicate, they didnot send any RFE , or NOID during these 2yrs, I-751 denial came with NTA only charge I-751 denied, I am already in removal and didnt file an appeal timely, just wondering if I can file a late appeal to AAO mentioning the fact that the denial letter didnot mention how to appeal and was only talking about the burden of proof in front of the judge, also play on the fact that they never sent any RFE and NOID and denied the I-751 by ignoring all the elements of abuse.. doable? or too late as USCIS lost their adjudication since the proceeding started?

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I already passed the deadline of 30 days appeal by 6 month now so I know Its almost impossible but just wanted to know as I honestly didnt know about the appeal to AAO up until recently, lawyers that I hired never mentioned that to me and they didnt even know that VAWA does apply to men, I could have had an I-360 filed 2yrs ago along the I751 but because of bad lawyering I had to file it 6 month ago by myself, I d rather to take the matter in my own hand bc having bad counsels really damaged me, thanks for the reply.

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Alan James Brinkmeier

Reputation Level 20

Answered almost 3 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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You simply must get an appellate lawyer to look over the record and give you advice based on the law. You have rights but you have to act upon them to save your rights. A review of this and other websites is a good place to begin. Call your local bar association for referrals. Get an attorney quick because deadlines on such matters are very very strict. This is an important situation and it is good that you and he are finally recognizing you and he need a lawyer as an advocate.

Without a close study of the appellate record, no further observation by me from what you posted online is possible.

Good luck to you.

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