My I-130 was denied. I hired an attorney to appeal it to BIA.

Asked over 1 year ago - Los Angeles, CA

My I-130 was denied. I hired an attorney to appeal it to BIA. But the lawyer did a mistake and used I-290 B to appeal instead of EOIR 29 form. It went to AAO and I got a denial letter from AAO stating the they don't have any jurisdiction over I-130. I spoke with the lawyer and he agreed on the mistake on his end, but he didn't suggest any remedy. So I am here to seek professional help on this. Do I have any options to appeal again to BIA since I already passed 30 day deadline because of wrong filing. Please suggest ?

Attorney answers (7)

  1. 13

    Lawyers agree

    Answered . Your lawyer should know how to approach this issue.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  2. 9

    Lawyers agree


    Answered . What happened to you is unfortunate. I will still advise you to find a more qualified attorney to assist you. Based on what you have stated it may be faster and cheaper for you to refile the I-130 with another atorney. All the best.

  3. 9

    Lawyers agree


    Answered . The logical remedy is to file a new I130. I am sure your lawyer knows this.

    Due to the nature of this forum, I often do not have all the information required to provide legal advice.... more
  4. 7

    Lawyers agree

    Answered . Refile

  5. 7

    Lawyers agree

    Answered . As my colleagues have pointed out, the best course of action to save you time, money, and inconvenience is to refile the I-130 petition. Consult with an experienced family based immigration lawyer who will be able to help you with the process and make sure all the documentation is filed properly.

    The information provided is intended for informational purposes only and should not substitute for the advice and... more
  6. 3

    Lawyers agree

    Answered . Sometimes it is just better to refile.

    Shah Peerally, Attorney at Law Phone (510) 742 587 President of Shah Peerally Law Group... more
  7. 1

    Lawyer agrees

    Answered . It's a shame you missed your filing deadline due to attorney error. It is unclear from your post who filed the I-130 petition on your behalf. If the I-130 was filed by your spouse and you are still living together, as others have suggested, you are better off re-filing a new I-130 petition with the assistance from a qualified attorney. But, if for some reason, you are no longer with the spouse who filed the petition on your behalf, re-filing would not be an option. The best course of action would depend on the reason for the I-130 denial. In this case, you should consult with an experienced immigration attorney to discuss other possible options or avenues for relief.

    This post is for informational purposes only and not for the purpose of providing legal advice. I recommend you... more

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