Is it better to reapply or file the motion to reopen if I got a VAWA denial?

Asked 11 months ago - Spokane, WA

The reason for denial was not providing proof of my spouse's citizenship plus mentioning that he was an immigrant himself. Though his birth certificate ( i have it now) doesn't state that and the USCIS checked his immigration records and found no record of him entering the US.

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

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    Answered . Talking to an immigration attorney would be best.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  2. Maria J. Marty

    Pro

    Contributor Level 17

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    Answered . Refiling is usually quicker. Make sure you can cure whatever was the basis for denial. I can't tell by your posting if he is an immigrant or born in the U.S. If the only reason for denial was that you didn't provide evidence of his USC, and you now have his U.S. birth certificate, then refile.

    Due to the nature of this forum, I often do not have all the information required to provide legal advice.... more
  3. Alison Yew

    Pro

    Contributor Level 12

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    Answered . Not sure what went wrong and whether it was USCIS's error or yours; birth certificates do not say people's immigrant status so I don't understand the relevance about what his birth certificate doesn't state. Generally, if USCIS was correct in its determination and you can re-file to correct that error then re-file. If USCIS was wrong either with facts or law then an attorney should be able to discuss with you the pros/cons of re-filing or appealing.

  4. Giacomo Jacques Behar

    Pro

    Contributor Level 20

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    Answered . One always needs to exhaust the appeals. Filing a new VAWA self-petition will not resolve the underlying issue, whether it is an issue with good faith marriage or the presence of abuse. You must retain a competent immigration attorney who can sift through and identify the pertinent issues in your case and advise you regarding the appealable errors of facts or law made by USCIS.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  5. Norma Lorenzo

    Contributor Level 15

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    Answered . Hi hope that you are well. You should go see an attorney and get a consult. Make sure that you take the denial decision to her so that she could review it. Based just off what you are saying I would lean towards appealing but please remember that there is a deadline for that so please don't delay. Good luck!

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