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Immigration Issues/I-130 petition denied

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Question
Last year, I applied for the I 130 for my son. In January of this year, USCIS sent a notice requesting for additional information and evidence. They gave 30 days for the information to be sent. Unfortunately, the 30 days elapsed and the evidence was not sent in by the due date. Is it possible for this case to proceed if I send in the information that is needed? They sent another notice explaining that the case is denied due to abondonment. What is the best way for me to continue with this case? I have all the information that was needed. Also, can an aunt who is a U.S. citizen apply for I 130 for a nephew? Does she have to adopt him or can just petition for him as an aunt? The nephew's parents died and he is living with his aunt.

Answer
Hi,

I recommend filing a new I-130 petition. A previous denial will not negatively effect the filing of a new petition. You will be required to pay the USCIS filing fee again.

An aunt cannot sponsor a nephew. The family sponsorship categories are noted here: http://h1b1.com/sponsor.htm

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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