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Appealing a Denial of an I-130 Petition for Relative

Appealing a Denial of an I-130 Petition for Relative

Posted by: ScottMond Law Firm
May 03, 2013
Topic: Family Law & Immigration

When adjusting status to that of a Legal Permanent Resident in the United States, a variety of problems from the past may arise. For instance, this blog article discusses when an I-130 petition for a spouse is denied due to a prior marriage which "went bad" in the midst of a prior filing with U.S. Citizenship and Immigration Services ("USCIS").

Both an I-130 and I-485 (application to become a U.S. Permanent Resident) may be filed at the same time when based on marriage to a U.S. Citizen. However, the I-130 must be approvable before the I-485 Green Card application is adjudicated. An I-130 may be denied if the prior U.S. Citizen spouse stated derogatory information to USCIS, or USCIS is not clear that prior marriage(s) and petitions by the previous spouse are terminated. (especially in the case of Consular filings abroad). Many clients come to us after such a denial and are confused.

The first step, is to understand the I-130 denial may indeed be appealed to the BIA, but the time and expense may be exhausting. The best option may be to refile the I-130 with legal counsel and satisfy the deficiencies in the first application through a new filing. Alternatively, an appeal to the BIA, also needs to include a request to "Remand" which is a critical step experienced immigration legal counsel can explain.

If you or someone you know is in need of a consultation on this immigration topic, or any other immigration matter, our attorneys may be contacted at [email protected] or you may call us at one of our office telephone numbers conveniently listed at


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