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Should I file a motion to reopen based on abandonment?

Pottstown, PA |

I am a US Citizen and I filed an I-130 for my sister in India. Recently I was requested to submit four thing (three specific, and one as other such as a document, photographs, etc to prove that we were siblings). I submitted all documents 30 days before the deadline. For the fourth item on the list "other" I used an affidavit that was previously used to prove my relationship with my mother. USCIS sent me a letter within about 3 to 4 weeks letting me know that my file was rejected because of not complying with the request. I am given an option to file a motion to reopen based on abandonment, should I do this or should I start all over again? How can I ask to submit DNA evidence, we are siblings and I see this as the best proof, is this even possible without their request? Please help

Attorney Answers 2


I would file a new I-130. Indicate that you are willing to go through DNA testing if the government is not satisfied with your documentary proof of your relationship.

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If you have proof that your response was delivered on time, such as a FedEx tracking number and delivery confirmatoin, then you may want to request reopening by the USCIS on its own motion. You may be able to do this through an attorney or through the immigration liaison person at a senator or congressperson's office. However, if the USCIS doesn't reopen the case on its own in this way, and you want to preserve this I-130, then you'll have to file the motion with the filing fee within the 30 days. If you cannot prove that you responding timely to the request for evidence, then this would probably be a waste of your time and money. But if you can prove your timely response, then this would preserve the priority date for this I-130. Filing a new I-130 would get you a new priority date, which may be much later than the original I-130.

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