Legal Question in Immigration Law in Illinois

Received letter from Immigration Service. What I have to do?

My husband received letter from Immigration Service:

This refers to the above noted application. The record shows that you were given 87 days in which to submit additional evidence in support of the application. A response was not received by the required date.There is no appeal from this decision. However, you may file a new application with a new fee. You may also file a motion to reopen within 30 days of this decision. A motion to reopen an application denied due to abandonment must be filed with evidence that the decision was in error becouse:

a)The requested evidence wasn't material to the issue of eligibility;b)The required initial evidence was submitted with the application, or the request for initial evidence or additional information or appearance was complied with during allotted period;or c)The request for additional information or appearance was sent to an address other than that on the application of representation, or that the applicant advised the Service, in writing, of a change of address to filing and before the Service's request was sent, and the request didn't go to the new address.

My husband didn't received any request for additional information, and didn't change address. What he have to do?

Asked on 2/18/02, 2:50 pm

1 Answer from Attorneys

Pia Menon Law Office of Pia Menon

Re: Received letter from Immigration Service. What I have to do?

The best way to resolve the problem is to file a Motion to Reconsider the denial. You can set out the facts as you have done in your question and request that INS reconsiders it's decision and reinstate the petition. There is a filing fee for the Motion and it must be filed within thirty days of the decision.

Good luck

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Answered on 2/18/02, 7:50 pm

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