Form I-130 Reopened and Approved: Winning Cases of Immigration Relief

Immigration cases involving the denial of family petitions can feel discouraging, especially when the path to permanent residence seems blocked due to past complications or errors made by the immigration agency. However, with the right legal guidance, even the most difficult cases can be overturned.

In the case of Principe v. Moore (2021), Mrs. Principe, a U.S. citizen, faced the denial of her Form I-130 petition due to her husband's previous immigration history, which the U.S. Citizenship and Immigration Services (USCIS) mistakenly found to involve immigration fraud. Despite the challenges, Alex filed a lawsuit on behalf of the Principe family in federal court, arguing that USCIS failed to conduct a proper analysis of the evidence. The court’s intervention led to the reopening and subsequent approval of the Form I-130, allowing Mr. Principe to secure lawful permanent resident status in the United States.

Similarly, in Matter of F.Y. (2020), a U.S. citizen mother faced abandoned petitions due to USCIS’s failure to update her address. After several years of setbacks, Alex filed to reopen the cases, and USCIS responded by reinstating the Forms I-130 for two of her children, giving them the chance for permanent residence.

Successful Cases: Form I-130 Reopened & Approved

FORM I-130 REOPENED AND APPROVED Principe v. Moore, Case No. 2:21-cv-00636-GMN-VCF (D. Nev. 2021)

Mrs. Principe is a citizen of the United States who filed a Petition for Alien Relative (“Form I-130”) on behalf of her husband Mr. Principe. U.S. Citizenship and Immigration Services (“USCIS”) denied the Form I-130 on the basis that Mr. Principe was forever barred pursuant to section 204(c) of the Immigration and Nationality Act from becoming the beneficiary of a family-based petition because of the agency’s prior finding that he attempted to evade the immigration laws by entering into a prior marriage with a U.S. citizen several years before.

Mr. and Mrs. Principe hired Alex after an unsuccessful appeal to the Board of Immigration Appeals. On their behalf, Alex filed a Complaint for Declaratory and Injunctive Relief in the U.S. District Court for the District of Nevada raising three causes of action: (1) first, that in adjudicating Mrs. Principe’s Form I-130, USCIS did not properly observe the procedure required by law insofar as the agency failed to conduct an independent analysis of the evidence; (2) second, that USCIS’s adjudication of Mrs. Principe’s Form I-130 was not in accordance with the law insofar as the record did not include “substantial and probative” evidence that Mr. Principe’s prior marriage was entered into for purposes of evading the immigration laws; and (3) third, that even assuming the record did contain “substantial and probative evidence” that Mr. Principe’s prior marriage was entered into for purposes of evading the immigration laws, USCIS’s adjudication of Mrs. Principe’s Form I-130 was not in accordance with the law insofar as the agency failed to recognize that Mr. and Mrs. Principe did successfully rebut USCIS’s finding of marriage fraud.

Shortly after suit was filed, USCIS reopened the Form I-130 and subsequently approved it. The adjustment application that was premised on that Form I-130 was likewise reopened and approved. Mr. Principe is now a lawful permanent resident of the United States.

ABANDONED FORMS I-130 REOPENED BY USCIS Matter of F.Y. (2020)

F.Y., a citizen of the United States, had filed a Petition for Alien Relative (“Form I-130”) for each of her four children in the Philippines. Since the filing, she had moved to a new address and submitted the proper correspondence to U.S. Citizenship and Immigration Services (“USCIS”) to update her address on each of the four cases. The agency, however, failed to update its records for two of the four cases. The upshot was that F.Y. did not receive certain correspondence from USCIS and when USCIS failed to receive the responsive materials requested, it deemed the Forms I-130 abandoned. F.Y. sought Alex’s assistance several years after the fact. Alex moved to reopen pursuant to 8 C.F.R. § 103.5(a)(1)(iii)(C). USCIS ultimately reopened the Forms I-130 in those two cases in which it had failed to properly update F.Y.’s address.

If you've faced setbacks or delays in your immigration process, don't give up. The Law Office of Alexander R. Vail is here to help you navigate the complex process of reopening and securing approvals for family petitions. Call us today at (725) 221-5998 or contact us online to schedule a free consultation. Let us work to make your immigration goals a reality.