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I130 has been closed because of change of address issue how can reopen the file with same priority date?

Orlando, FL |

I-130 was filed for two married sisters in 02/05/2002. Because of address change issue and uscis sent some papers in august 2009 and we never received these documents to our current address and 12/2009 all these documents were sent back to uscis. unfortunately, I-130 HAS BEEN CLOSED. HOW CAN I RE-OPEN MY SISTERS' FILE?

Attorney Answers 2


  1. If the I-130 was never approved, and the reason it was denied is because you did not update your address with the USCIS in order to respond to a request for evidence, then you have to file a new I-130 and get a new priority date.


  2. To reopen the cases you would have to file two separate motions to reopen, with two separate filing fees, with the Immigration office that denied the petitions.

    To have any chance of getting the petitions reopened you will have to show that your failure to respond to the request for evidence that was sent out was due to circumstances outside your control (e.g., you notified Immigration of the change of address, but they sent it to the old address anyway). Your best hope of getting these motions granted and the cases reopened is to hire an attorney since an attorney will know what Immigration is looking for.

    It may also take 6-12 months (or more) before you learn if the motions to reopen are granted or denied. If denied, you will have lost all that time.

    My advice is to file new ones. You can also file new ones and also file the motions to reopen. This is more expensive, but it will give you a chance of preseving the 2002 priority date without losing a year or more if the motions are denied.

    We would be happy to help you with this.

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