Several questions about Motion to Reopen# Immigration - 落地生根
r*y
1 楼
See my previous post:
http://www.mitbbs.com/article_t/Immigration/32158647.html
My questions are:
1. A motion to reopen an application or petition denied due to abandonment
must be filed with evidence to show that abandonment was in error according
to DHS. I submitted my RFE on 11/14/2011 and they received the package on 11
/17/2011. The visa officer asked for my RSC or A # on 11/21/2011, which I
never received an email or call from them, of course. I received the notice
along with my RFE package postmarked on 11/30/2011 sending to my new address
. While on the same day, I also received the denial letter postmarked on 11/
29/2011 sending to my old address, then forwarding to my new address, one
day before the SRC# request. The case what is the error they made. Should I
claim I do respond RFE in a timely manner (within 87 days) or ashoud I claim
that I did not receive the SRC# request or other errors they made.
2. According to DHS, "Motions must be filed by the affected party, which is
defined as“…the person or entity with legal standing in a proceeding. It
does not include the beneficiary of a visa petition…”8 CFR 103.3(a)(1)(iii
)(B). Obviously I am the affected party, but i am also the beneficiary of a
visa petition. I am confused. It is no doubt that I should submit the motion
to reopen, right?
3. Where I should submit the motion to reopen. According to the introduction
to 290B, I should submit to Arizona, but my case was handled by TSC.
4. What else I should I submit beside fee and motion to reopen letter with
evidence. Should I also send my RFE together?
Thanks a lot!!
http://www.mitbbs.com/article_t/Immigration/32158647.html
My questions are:
1. A motion to reopen an application or petition denied due to abandonment
must be filed with evidence to show that abandonment was in error according
to DHS. I submitted my RFE on 11/14/2011 and they received the package on 11
/17/2011. The visa officer asked for my RSC or A # on 11/21/2011, which I
never received an email or call from them, of course. I received the notice
along with my RFE package postmarked on 11/30/2011 sending to my new address
. While on the same day, I also received the denial letter postmarked on 11/
29/2011 sending to my old address, then forwarding to my new address, one
day before the SRC# request. The case what is the error they made. Should I
claim I do respond RFE in a timely manner (within 87 days) or ashoud I claim
that I did not receive the SRC# request or other errors they made.
2. According to DHS, "Motions must be filed by the affected party, which is
defined as“…the person or entity with legal standing in a proceeding. It
does not include the beneficiary of a visa petition…”8 CFR 103.3(a)(1)(iii
)(B). Obviously I am the affected party, but i am also the beneficiary of a
visa petition. I am confused. It is no doubt that I should submit the motion
to reopen, right?
3. Where I should submit the motion to reopen. According to the introduction
to 290B, I should submit to Arizona, but my case was handled by TSC.
4. What else I should I submit beside fee and motion to reopen letter with
evidence. Should I also send my RFE together?
Thanks a lot!!