July 20, 2012
CELLA & ASSOCIATES WINS BIA APPEAL
USCIS Denial of I-130 Relative Petition Overturned By Board of Immigration Appeals (BIA).
July 13, 2012 – Falls Church Virginia
The Board of Immigration Appeals granted the appeal filed by CELLA AND ASSOCIATES, LLC and overturned a USCIS denial of an I-130 Marriage Petition, and remanded the case back down to the Immigration Service for further consideration. After the couple attended an interview with the Immigration Service in January, 2010, the Service issued a Letter of Intent To Deny, claiming certain inconsistencies at the interview. In response, CELLA AND ASSOCIATES prepared and submitted a rebuttal on behalf of the client, which addressed the alleged inconsistencies as well as the documentary evidence submitted to establish the reality of the marriage.
Despite the explanations and rebuttal evidence submitted, the District Director denied the petition, claiming that the Petitioner had not met his burden of proof.
CELLA AND ASSOCIATES then appealed to the BIA, which, after full review of the record, determined that the explanations and evidence submitted should have been addressed in greater detail by the Service, and remanded the case for a new decision.