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

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 ?

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Attorney answers 7


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.



You mean there isn't any option to appeal to BIA ?


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 as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


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. Accordingly, my responses on Avvo are intended as general and not legal advice.




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 counsel of an attorney. This information does not constitute legal advice. We ask that you consult with a lawyer, as your facts are unique and because each situation requires analysis from many different perspectives. We cannot be responsible if you rely on information based on this website without the consultation of an attorney.


Sometimes it is just better to refile.

Shah Peerally, Attorney at Law Phone (510) 742 587 President of Shah Peerally Law Group PC Newark CA Important: The above is provided for educational purposes only. You should not act or refrain to act solely based on the information provided. Cases differ and success in one case might not constitute guaranty of success in your case. We recommed to talk to a licensed attorney before you proceed. For more information on call us on 510 742 5887


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 consult an attorney in order to obtain accurate information that is appropriate for your particular situation.