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San Jose, CA 95112
(408) 975-9321
staff@luulaw.com
Motion to Reopen a Denial Decision GRANTED without filing I-290B form
Feb 02, 2019
In late 2018, a client came to our office seeking professional help with the denial of his I-130 Petition and I-485 Application to Adjust Status for his wife.
Client and his wife married in their home country one year before. Right after their wedding, the couple traveled to the U.S. for their honeymoon. Client subsequently filed a petition for his wife to adjust her status from a B1/B2 tourist visa to a Permanent Resident. They relied on the assistance of a document preparer to submit their petition.
After waiting for one year, an interview was scheduled, but client did not attend the interview because he did not receive the interview notice. With his document preparer’s limited assistance, his I-130 and I-485 Petitions were subsequently denied.
When client retained our office, we immediately filed a Motion to Reopen Sua Sponte with USCIS via a dedicated channel for immigration attorneys WITHOUT filing form I-290B Motion to Reopen and paying the $675 filing fee.
After an in-person meeting with a USCIS Supervisor, we received an approval of our Motion to Reopen Sua Sponte just 6 weeks after filing our motion. USCIS withdrew its previous denial decision, reopened the I-130 and I-485 petitions, and scheduled the new interview just within a few weeks.
We assisted the clients with the preparation of their interview. We conducted mock interviews and prepared witness statements and supporting documents to prove bona fide marriage as the document preparer did not submit any documentation.
During the interview, we were able to convince the USCIS officer the merits of our clients’ marriage and the petition was approved immediately at the interview. Client received their approval notice just within 10 days after the interview in February 2019.
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