Form I-130 With Erroneous Decision from USCIS Los Angeles

  • On the I-130 Fact Sheet, USCIS indicated that an old priority date can be used only if USCIS agrees to reopen the petition (in most cases, based on CIS error). If a member becomes aware that an old I-130 was denied erroneously based on USCIS error, where should they go to request that the petition be reopened? Does this answer change depending on how old the petition is?

USCIS Response: if an erroneous denial of an I-130 is discovered after more than 30 days, the affected party or their attorney may email the Field Office Director requesting a review of the decision.  The email should be address to the Field Office Director of the office that made the latest decision unless the affected party has moved to a new jurisdiction. In that instance, letter should be sent to the Field Office Director having jurisdiction over the new geographical location. Please ensure that the letter includes the receipt number of the I-130, the name of the petitioner and beneficiary, a copy of the decision if available and a brief outlining why the decision was erroneous.

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