Will USCIS immigration services have jurisdiction over the I-130 while appeal is pending at the BIA?

Asked about 1 year ago - Scottsdale, AZ

I have sued the CIS due to extremity delay in forwarding the appeal to the BIA (3+ years) finally they forward the appeal to the BIA, while the appeal at the BIA, CIS send interview appointment before the BIA issue a decision.
the question, is CIS have jurisdiction over the application while its pending at the BIA?

someone may think that CIS want to help me and process the case, but my question is more about a legal status if legally they can call for interview while the appeal is pending at the BIA or not!

Thank you

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . Ask the attorney who is handling the appeal.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Are you the same person who recently asked a question about conflict of interest and has filed a lawsuit pro se?

    If so, hire a lawyer.

    If not, talk to your lawyer.

    If you don't have a lawyer, hire one.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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