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I-140和RFE回复均为自己准备(DIY),最终收到Deny。
准备提交I-290B申请Motion to Reopen。查阅USCIS网站,却没搞明白是否可以自己提
交申请。
USCIS网站信息如下:
Q. I am the beneficiary of a visa petition. Can I file an appeal or motion?
A. Only the visa petitioner can file an appeal or motion in a visa petition
case. Thus, if you are the beneficiary, you cannot file an appeal or motion
, unless you are both the petitioner and the beneficiary (申请人和受益人为
同一人情况下可以?)(for example, you are a VAWA self-petitioner, the widow(
er) of a citizen, or otherwise authorized to file a visa petition for
yourself),
但是在I-290B的instructions里却有一段说明
Who May Not File Form I-290B?
If you are the beneficiary of a visa petition or the beneficiary's attorney
or representative, you may not file an appeal or motion.
另外在USCIS网站的一个PPT里有一段说明
Who Can File a Motion?
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 (不可以?)...” 8 CFR 103.3(a)(1)(iii)(
B) ; see also 103.5(a)(1).
The affected party may be represented by attorney or representative in
accordance with 8 CFR 292 (G-28).
If the motion is not filed by the affected party, it will be dismissed.
如何理解这些说明。我自己可以做Motion to Reopen吗?还是必须要找个律师?
准备提交I-290B申请Motion to Reopen。查阅USCIS网站,却没搞明白是否可以自己提
交申请。
USCIS网站信息如下:
Q. I am the beneficiary of a visa petition. Can I file an appeal or motion?
A. Only the visa petitioner can file an appeal or motion in a visa petition
case. Thus, if you are the beneficiary, you cannot file an appeal or motion
, unless you are both the petitioner and the beneficiary (申请人和受益人为
同一人情况下可以?)(for example, you are a VAWA self-petitioner, the widow(
er) of a citizen, or otherwise authorized to file a visa petition for
yourself),
但是在I-290B的instructions里却有一段说明
Who May Not File Form I-290B?
If you are the beneficiary of a visa petition or the beneficiary's attorney
or representative, you may not file an appeal or motion.
另外在USCIS网站的一个PPT里有一段说明
Who Can File a Motion?
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 (不可以?)...” 8 CFR 103.3(a)(1)(iii)(
B) ; see also 103.5(a)(1).
The affected party may be represented by attorney or representative in
accordance with 8 CFR 292 (G-28).
If the motion is not filed by the affected party, it will be dismissed.
如何理解这些说明。我自己可以做Motion to Reopen吗?还是必须要找个律师?