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  1. #1
    Join Date
    Feb 2008
    Posts
    2

    Default I-130 And I-485 Denied - Case Abandoned

    My application for permanent residency (I-485) based on I-130 (marriage) was denied, because I-130 was denied. The petition was considered abandoned for the following reasons: They supposedly contacted us by phone to prove my husband's am. citizenship by providing a birth certificate "issued by a civil authority", stating that they only recieved a hospital certificate of birth.

    Is there any other birth certificate other than the one that your hospital provides for you when you are born, which is sealed with a stamp?
    Since they never asked for the "correct(?)" birth certificate (not even at the interview), how is it my fault of abandonment?
    There is no appeal from their decision...I may request a riview in deportation proceedings before an Immigration Judge.
    Do I have to file again?
    Is there any way to reopen the case? Is there any way to file a complaint?
    How many times can one apply for a green card and get denied?
    Thanks for any answers! Alabama

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I-130 And I-485 Denied - Case Abandoned

    A birth certificate is issued by the county government, not by the hospital.

    If the USCIS requests information and you fail to provide it, they will treat your case as having been abandoned.
    Quote Quoting skodovka
    I may request a riview in deportation proceedings before an Immigration Judge.
    You are being deported?

  3. #3
    Join Date
    Feb 2008
    Posts
    2

    Default Re: I-130 And I-485 Denied - Case Abandoned

    Thanks for your reply. The deportation proceedings have not been started yet. I know I am responsible for providing all the documents, but how was I supposed to know that they wanted another birth certificate (I just came from an immigration attorneys office whom I showed the birth certificate and he did not understand why they could not use it for my case) since they never asked us for it eventhough they say that they have - over the phone (!). The attorney reccomends to file again, but I feel like I was done wrong. Why should I pay for it? Thanks.

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