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 ?
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.
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.
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