QUESTION
What does EOIR29 NOTICE OF APPEAL FROM DECISION OF DISTRICT DIRECTOR, was reopened indicate?
Asked on Dec 07th, 2012 on Immigration - California
More details to this question:
I have a difficult case dues to my husband behavior, cheating and threatening to get me deported since we file the I130, I485 together. I-130 was denied but I file EOIR 29 with the BIA explaining everything. On November 3rd 2012, three months after, the Board of Immigration Appeal (BIA) wrote me a letter and it states, “The revocation of your previous visa petition has been vacated. We have remanded the case back to DHS.”
4 ANSWERS
Rebecca T White
From what you describe it sounds as though the I-130 has been sent back to the DHS for adjudication.
Answered on Dec 11th, 2012 at 11:35 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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The notice you received means that BIA agreed with you and sent your case back to the Citizenship & Immigration Service for reconsideration. At this point, USCIS might approve your case. Or it might deny it, again, with a different reasoning. Adjudication of I-130-based applications for adjustment of status often turns on technical details; and providing an additional document or submitting a short legal brief can make the difference between approval and denial. Get a competent immigration attorney to review your case and submit to USCIS any papers he/she would deem necessary. At this point, it should not be too expensive - and worth every penny by lessening the risk of a new denial, with the aggravation and the expenses of a new appeal to the BIA.
Answered on Dec 11th, 2012 at 11:30 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It means you won the appeal and your petition has been sent back to DHS for further processing.
Answered on Dec 11th, 2012 at 3:59 AM
It means that the case was sent back to USCIS because the grounds for denying the petition were not good enough. USCIS must determine again whether the petition can be approved.
Answered on Dec 10th, 2012 at 11:15 AM