Immigration Issues/I-130 denial

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Question
I filed for my sister in 2005, who resides in INDIA . I received letter to submit evidence. I submitted her & my birth certificates in July 09. I received another letter  asking for more evidence in Aug09 & that time submitted school certificates (Knowing my & her school certificates has same father name). After submitting all the documents never received any documents from USCIS. Because of no feedback from USCIS, almost year later in April 2010, I check with local office & they informed that application has been denied. I wrote letter to USCIS in April 2010 & they sent me copy of denial letter in April 2010. Original letter suggested to fill out EOIR-29 form. While I received denial letter first time in 2010, I submitted EOIR-29 but USCIS did not accepted application saying I did not meet deadline. MY question to you is What should I do? I was thinking about refilled I-130 form. If you can advise me I really appreciate it.

Answer
Hi,

Yes, another I-130 should be filed. However, you will not be able to maintain the earlier priority date. Information about priority dates is here: www.h1b1.com/visawaiting.htm

Sponsoring a sibling requires considerable evidence showing relationship, esp. if the birth certificates are issued recently by the appropriate authority, or do not mention both parents' names, etc.

You can contact our law firm at 212-268-3580 during business hours, or email info@h1b1.com for guidance and legal fee quote for representation.

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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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