CASE: I-130 Motion to Reopen Nunc Pro Tunc
CLIENT: U.S. Citizen Petitioner in California / Indian Beneficiaries in India
Our client is a naturalized U.S. citizen who resides in California. In August 2004, our client filed three I-130 petitions for her siblings who are in India. Shortly after the filing of the I-130 petitions, our client received a receipt notice from the USCIS. Since the time that our client filed the I-130s, she has never moved and has never received any Requests for Evidence or decisions in the mail.
After she filed the petition, for the next nine years, she has always called the USCIS Customer Service Center to inquire about the status of the I-130 petitions. The CIS customer service personnel have always told our client that there were all in process. Petitioner has contacted the USCIS Customer Service Center throughout the last 9 years (from 2004 to 2013), and the only answer she got from the USCIS was that the Petition was still pending.
In August of 2013, our client made an Infopass appointment with the local USCIS office and went. When she went to the Infopass appointment, the officer there informed her that one of her cases was denied due to abandonment in 2009 and two of her I-130 petition cases were administratively closed in 2009 as well.
Over the past 9 years, our client and her siblings were waiting for the CIS decision with regard to the I-130 petition. Our client timely filed all requested documents at the time of initial filing of the I-130. There were no Requests for Evidence or denial decisions received in the mail. Despite her efforts, our client never received any succeeding notice about the I-130 petition. Only in August 2013 did she find out about the real processing status of the 3 Petitions when she went for an Infopass.
Our client became so disappointed and sought legal assistance to resolve this matter.
She retained our office on September 18, 2013 and our office promptly prepared and filed a Motion to Reopen to the USCIS the three petitions and asked the Service to exercise its discretion in re-opening nun pro tunc the cases beyond the filing deadline since our client has never been served nor informed by the CIS with regard to the administrative closure of the I-130 petitions.
Moreover, our Motion requested the CIS to summarily approve the I-130 petition for our client’s siblings because our client and her siblings have been waiting for the CIS decision for more than 9 years, without any decision from the USCIS.
The Motion noted that it would be extremely unfortunate and unfair for our client and her siblings if she has to re-file the I-130 petitions again since the priority date will be moved and they would have to wait another ten years.
Our office filed the Motions with Form I-290Bs on September 24, 2013.
On February 17, 2014, the USCIS California Center informed us that the cases are transferred to National Visa Center.
On February 25, 2014, the USCIS moved to reopen the matter, and also approved the two of her three I-130s with the old priority date.
Two of client’s 9-year pending I-130 petitions finally got an approval, and once priority dates become current, her siblings can file an Immigrant Visa in India, without having to re-file another I-130 and wait 10 more years.