I-130 approved, did not follow through, is it possible to reopen?

[gcson]

My sister's application for her unmarried son was approved around 2018. But son did not follow through with the application because his girlfriend (only child in her family) at the time did not want to come. The family thought the petition was terminated and planned to reapply. Son regretted. Recently, sister received a letter from USCIS saying that she could reopen the case by filing I-290B within 30 days. Sister is planning to file I-290B and use the recent law changed in China as a reason. Is it possible? What is the normal justification for filing I-290B? TIA

[verbose]

I-290B is a very generic form and as such there is not one or a few “normal justifications” to file it. The specific justification would depend on the specifics of the case.

You did not provide enough details in your question:

• Was an adverse decision made about the I-130? If yes, specifically what?
• Did your sister receive reminders from USCIS about the possible adverse decision? Was there an option for her to respond explaining why there should not be an adverse decision and why the approval should be extended ? Did she respond?

Depending on the above, would suggest including appropriate explanation in the response to overcome the presumption that the I-130 was frivolous.

From your question, looks like it will be a Motion to Reopen to be filed with USCIS using I-290B.

• What is the recent law change in China she wants to cite as the reason?
• Is it the real reason or merely that the beneficiary changed his mind and has now requested her to file for the benefit again?

To me, the latter seems justification enough and as the petitioner, it is a situation that she doesn’t have much control over.

The fact that USCIS asked her to reopen the case is a good sign, and as an indication of serious intent, I’d suggest including a statement describing the personal and professional plans and intents of the beneficiary and how they are best met by being a resident of the United States, alongwith a description of how these circumstances are now different from before so reopening the petition is beneficial.

[gcson]

Not sure what you meant by adverse decision. The I-130 was approved without problem. Just that his former girl friend was an only child and did not want to leave. He did not follow through to get the immigration visa. After a year and then 2 years, they received a letter that it was terminated. They were surprised to receive a recent letter to ask them to file I- 290B. I think it is a standard procedure and did not think that it is a good sign or not (but they do think it is). The recent changed in law is the security law, which people in Hong Kong believed "It is set to criminalise secession, subversion and collusion with foreign forces, but will also effectively curtail protests and freedom of speech.", hence the son plans to leave. I thought the argument was weak, somehow I think to file the I-290B they have to show that it is something that the termination is out of their control such as they never received the notification.

[verbose]

Not sure what you meant by adverse decision. The I-130 was approved without problem.

I mean the termination/revocation of the I-130 after the reminders were sent.

Just that his former girl friend was an only child and did not want to leave. He did not follow through to get the immigration visa. After a year and then 2 years, they received a letter that it was terminated.

I believe it is possible that the approval could have been extended beyond the two years if proper justification was provided at the time.

They were surprised to receive a recent letter to ask them to file I- 290B. I think it is a standard procedure and did not think that it is a good sign or not (but they do think it is).

Well, it signals that USCIS is open to review the case, and it means that it has not been permanently denied.

The recent changed in law is the security law, which people in Hong Kong believed "It is set to criminalise secession, subversion and collusion with foreign forces, but will also effectively curtail protests and freedom of speech.", hence the son plans to leave.

I think family unity is reason enough to justify the application from the beneficary. However, in my opinion, describing the change in life circumstances that explain the timing of the request, alongwith the age, working ability, english knowledge, health insurance, and affidavit if support from your sister all serve as factors that will be considered in the decision. So, would advise getting all those items ready. Pls see these sections from USCIS guidelines which are relevant:
https://www.uscis.gov/tools/practice...and-reconsider
https://www.uscis.gov/tools/practice...3-appeals#3.8b

somehow I think to file the I-290B they have to show that it is something that the termination is out of their control such as they never received the notification.

That would be a misrepresentation of facts, and personally, I'd advise against it.

Overall, it won't be a bad idea to consult with an attorney so that all relevant factors are considered in advance before you proceed further.

Hope this helps!

[verbose]

The Motion to Reopen (MTR) should also include the USCIS communication asking for I-290B to be filed.