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

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. Ask the attorney who is handling the appeal.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. 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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. 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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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