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

Las Vegas, NV |

I have pending appeal for I-130 at the BIA, while the appeal at the BIA, CIS send interview appointment letter in regard to the I-130 before the BIA issue a decision.
the question, is CIS have jurisdiction over the I-130 while its pending at the BIA?

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Attorney answers 3


They could be working 'together'.

When were you thinking of hiring an immigration attorney?

I suggest you hire one today.

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.

Alexander Joseph Segal

Alexander Joseph Segal


Good day, Mr. Capriotti.


As new one? Yes. I think, what happened to you is that BIA probably remanded your case to CIS or CIS bureaucracy malfunctioned. No, they do not have jurisdiction over a petition pending with BIA.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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.



Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.