By Atty. Crispin Caday Lozano
Question: What can you do if the petition for your spouse is denied by USCIS?
Answer: You will receive a decision in the mail if your case is denied. In that decision it will tell you the basis of the decision and your right to appeal. The appeal must be filed within 30 days to the Board of Immigration. It must be received within 30 days from the date of the decision. Appeals must be mailed to the USCIS office that made the unfavorable decision and not to BIA directly.
Question: What form should I use on my appeal to BIA?
Answer: You should use EOIR 29 and pay the filing fee of $110. Only the petitioner may appeal the decision. If the petitioner is represented by an attorney, a signed EOIR 27 should be filed with the appeal.
Question: What is the scope of review by the BIA on denial of an I-130 petition by USCIS officers?
Answer: The BIA may review all questions of fact or law “de novo” or taking a new look on the case without taking into consideration the basis of the decision rendered by USCIS or DHS officers. If an immigrant petition Form I-130 is denied, the BIA may look at the application of law to the existing facts as if the petition is newly submitted to them for a decision.
Question: What are examples of error in application of law?
Answer: There are statutes, procedures and case law that must be applied to the facts of the case. If the precedent case law, statute or procedure is not followed then there is an error in the application of law. Example is when the petitioner satisfied the burden of proof by preponderance of evidence and still the USCIS denied the petition against the weight of the evidence.
Question: What should an alien do so that the case will have a better chance of getting approved on appeal?
Answer: If there are documents that need to be submitted such as declarations, affidavits and joint documents, these should be submitted on appeal. Cases on appeal are decided solely on the basis of the “record” in the case.
Note: This is not a legal advice.
Immigration News
1. The Ninth Circuit Court decided that the death of U.S. citizen parent will not be a hindrance to seek waiver of misrepresentation.
2. On July 7, 2010, we received an approval of a late amnesty application under the extended filing deadline.
3. Arizona immigration law is just the start of States legislating on immigration. It is time to work on your papers now.
4. On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before.
5. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
6. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D in Fresno, CA was approved by the Immigration Judge.
Tip of the Week
1. Petitioner’s death is not a problem if the beneficiary is in the U.S. when the petitioner died and at the time of adjustment of status.
2. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents.
3. Denied I-751 application to remove condition on residence may be renewed in Immigration Court.
4. Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. It is also needed by employers to charge to expense payment for contractual job. Our office assists clients in obtaining ITIN.
Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188. Visit our website at www.loanmodificationsupport.org/
Tumblr…
Tumblr just linked to this cool place…
Online article…
I just saw this really amazing post today….
[...]always a big fan of linking to bloggers that I love but don’t get a lot of link love from[...]……
[...]just beneath, are numerous totally not related sites to ours, however, they are surely worth going over[...]……
Great website…
[...]we like to honor many other internet sites on the web, even if they aren’t linked to us, by linking to them. Under are some webpages worth checking out[...]……
It is really really hard to find enough help…
My friend is regularly but annoyingly saying that truly its hard to easily find some quality honest help, but here is…
Hi…..
I have recently started a website, the info you offer on this website has helped me greatly. Thank you for all of your time & work. “It is no use saying, ‘We are doing our best.’ You have got to succeed in doing what is necessary.” by Sir Winston C…
Bing results…
While searching a bit Bing and Yahoo I happily found this page in the search results and I do not think it match…
Hey……
I have recently started a website, the info you offer on this website has helped me greatly. Thanks for all of your time & work. “You do ill if you praise, but worse if you censure, what you do not understand.” by Leonardo DaVinci….
Wow…..
I really appreciate this post. I’ve been looking all over for this! Thank goodness I found it on Bing. You have made my day! Thank you again! “All that is gold does not glitter not all those that wander are lost.” by J. R. R. Tolkien….
Yahoo News…
When reading a bit Google and Bing News just now I noticed this…
Tumblr…
Tumblr just linked to this cool place…
Hello…….
Hello, you used to write fantastic, but the last few posts have been kinda boring… I miss your super writings. Past few posts are just a little out of track! come on!”Partake of some of life’s sweet pleasures. And yes, get comfortable with yourself….
News…
I was reading quickly the AOL news and I saw this quite interesting and new topic…
Hi…..
I’ve recently started a site, the info you offer on this website has helped me greatly. Thanks for all of your time & work. “You do ill if you praise, but worse if you censure, what you do not understand.” by Leonardo DaVinci….
[...] that is the end of this article. Here you’ll find some sites that we think you’ll appreciate, just click the links over[...]……
[...] Every once in a while we choose blogs that we read. Listed below are the latest sites that we choose [...]……
abomasum…
My congratulations are flying to you, Thomas! Very well done)Jeanie recently posted..Free TV Channel Video Facebook Template…
Hey……
I have recently started a website, the information you offer on this site has helped me tremendously. Thank you for all of your time & work. “You do ill if you praise, but worse if you censure, what you do not understand.” by Leonardo DaVinci….
Hello…….
Hello, you used to write excellent, but the last few posts have been kinda boring… I miss your great writings. Past few posts are just a bit out of track! come on!”To be content with what one has is the greatest and truest of riches.” by Cicero….
Hey……
I’ve recently started a site, the information you offer on this site has helped me tremendously. Thanks for all of your time & work. “The murals in restaurants are on par with the food in museums.” by Peter De Vries….
Hey……
I have recently started a web site, the information you offer on this website has helped me tremendously. Thank you for all of your time & work. “It is no use saying, ‘We are doing our best.’ You have got to succeed in doing what is necessary.” by …
Hiya…..
Nice read, I just passed this onto a colleague who was doing some research on that. And he actually bought me lunch since I found it for him smile So let me rephrase that: Thanks for lunch! “We strain to renew our capacity for wonder, to shock ourselv…
Google…
[...]Sites of interest we have a link to[...]…
Hello…….
Hey, you used to write great, but the last several posts have been kinda boring… I miss your great writings. Past several posts are just a little out of track! come on!”The smaller the understanding of the situation, the more pretentious the form of e…
Make my hair grow…
simple strategies to grow your…
Hello…….
Hello, you used to write wonderful, but the last few posts have been kinda boring… I miss your super writings. Past several posts are just a little bit out of track! come on!”The smaller the understanding of the situation, the more pretentious the for…
Hi…..
I have recently started a website, the info you provide on this web site has helped me greatly. Thank you for all of your time & work. “You do ill if you praise, but worse if you censure, what you do not understand.” by Leonardo DaVinci….
[...] that is the end of this article. Here you’ll find some sites that we think you’ll appreciate, just click the links over[...]……
[...] Every once in a while we choose blogs that we read. Listed below are the latest sites that we choose [...]……
[...] that is the end of this article. Here you’ll find some sites that we think you’ll appreciate, just click the links over[...]……
[...] Every once in a while we choose blogs that we read. Listed below are the latest sites that we choose [...]……
Google…
[...]below you?ll uncover the link to some web pages that we assume you ought to visit[...]…
[...]The information mentioned in the article are some of the best available [...]……
[...]below you’ll find the link to some sites that we think you should visit[...]……
britax frontier 85 onyx…
[...]we came across a cool website which you could possibly take pleasure in. Take a appear in case you want[...]…
Hi……
Thank you for sharing excellent informations. Your web-site is very cool. I’m impressed by the details that you’ve on this blog. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for more articles. You, my …
Wow…..
I really appreciate this post. I’ve been looking everywhere for this! Thank goodness I found it on Bing. You’ve made my day! Thx again! “That which does not kill us makes us stronger.” by Friedrich Nietzsche….
Hi……
Thank you for sharing excellent informations. Your site is so cool. I am impressed by the details that you’ve on this site. It reveals how nicely you perceive this subject. Bookmarked this web page, will come back for more articles. You, my friend, RO…
Great website…
[...]we like to honor many other internet sites on the web, even if they aren’t linked to us, by linking to them. Under are some webpages worth checking out[...]……
Awesome website…
[...]the time to read or visit the content or sites we have linked to below the[...]……
[...]The information mentioned in the article are some of the best available [...]……
[...]below you’ll find the link to some sites that we think you should visit[...]……
Websites you should visit…
[...]below you’ll find the link to some sites that we think you should visit[...]……
Online Article……
[...]The information mentioned in the article are some of the best available [...]……
Sources…
[...]check below, are some totally unrelated websites to ours, however, they are most trustworthy sources that we use[...]……
Websites we think you should visit…
[...]although websites we backlink to below are considerably not related to ours, we feel they are actually worth a go through, so have a look[...]……
Superb website…
[...]always a big fan of linking to bloggers that I love but don’t get a lot of link love from[...]……
Websites we think you should visit…
[...]although websites we backlink to below are considerably not related to ours, we feel they are actually worth a go through, so have a look[...]……
Hi……
Thank you for sharing excellent informations. Your website is very cool. I am impressed by the details that you have on this site. It reveals how nicely you perceive this subject. Bookmarked this web page, will come back for more articles. You, my pal,…
Related……
[...]just beneath, are numerous totally not related sites to ours, however, they are surely worth going over[...]……
Hi…..
I have recently started a web site, the information you provide on this web site has helped me tremendously. Thanks for all of your time & work. “It is no use saying, ‘We are doing our best.’ You have got to succeed in doing what is necessary.” by …
Hi……
Thank you for sharing superb informations. Your site is so cool. I am impressed by the details that you have on this web site. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for more articles. You, my frie…
Hmm…..
Great write-up, I am normal visitor of one’s website, maintain up the excellent operate, and It’s going to be a regular visitor for a long time. “He who seizes the right moment is the right man.” by Johann von Goethe….
Hi…..
I have recently started a site, the info you offer on this website has helped me greatly. Thanks for all of your time & work. “The murals in restaurants are on par with the food in museums.” by Peter De Vries….
My opinion is ……
I genuinely prize your work , Great post….