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The Law Office of
Scott A. Mossman 1611 Telegraph Ave
Suite 1100
Oakland CA 94612

Tel: (510) 835-1115
Fax: (510) 835-1116

Representation For Denied or Revoked Immigrant Petitions for Relatives (Spouses, Fiancees, Children, Parents, Siblings)

I represent clients in cases where USCIS has denied or revoked the I-130 or I-129F or where it has notified the petitioner that it intends to deny or revoke. Form I-130 is a petition to classify a noncitizen as a spouse, parent, child, or sibling of a citizen of the United States or the spouse or child of a permanent resident. Form I-129F classifies a noncitizen as the fiancee/e of a U.S. citizen.

A denial is where USCIS never approves the I-130 or I-129F due to apparent ineligibility or lack of evidence. This may occur with or without an interview at a USCIS office. Revocation occurs when USCIS cancels a previously approved petition after it receives new facts. This often results from an unsuccessful visa interview at an embassy or consulate abroad.

Denial or revocation is most common where the petition is for a husband or wife because immigration and consular officers often suspect that a marriage is just for immigration purposes. A petition may also be denied or revoked in other cases, especially if the case involves adoption, a step-relationship, or a father who never married the child's mother.

If USCIS denies the petition, then the petitioner has the right to appeal that decision to the Board of Immigration Appeals (for I-130's) or the Administrative Appeals Office (for I-129F's). An appeal may be appropriate if the USCIS officer made a legal error, ignored important evidence, relied upon the wrong standard of proof, or simply reached the wrong conclusion.

I offer representation on appeal after USCIS has denied or revoked a petition. It usually is better, though, if you contact me earlier in the process when you first receive a Request for Evidence (RFE), Notice of Intent to Deny (NOID), or Notice of Intent to Revoke (NITR) from USCIS. That way, I can help you gather additional evidence to bolster your case and perhaps avoid the lengthy delay caused by appeal.

In cases where the beneficiary has applied for a visa abroad, I may be able to intervene while the case is still at the embassy or consulate--if you contact me immediately. If caught early enough, it may be possible to avoid the lengthy delay that results from transfer of the case back to USCIS in the United States.

If your petition is transferred back to USCIS from an embassy or consulate, it may take 18 to 24 months before USCIS decides whether to revoke or reaffirm your petition. If successful, the petition is reaffirmed and your relative must reapply for a visa and wait for a new visa appointment at the embassy or consulate.

I may be able to help you reduce the amount of waiting time for the first stage of this process by a year or more by filing a lawsuit against USCIS. This type of case is known as an action for mandamus (sometimes referred to as a petition for a writ of mandamus). An action for mandamus is filed in the local federal district court, and it alleges unreasonable delay by the government.

To learn more about appeals in general, visit Appeal FAQ's.

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Scott Mossman is a licensed attorney and active member of the State Bar of California.