Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
QUESTION- My I-140 was approved in 2006 and still working with sponsoring company.
Now my attorney got withdrawal/termination decision on my I-140, saying that my company requested the withdrawal of my I-140. My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.
Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?
ANSWER- Your attorney should file a Motion to Reopen, and include affidavits from them and from the signatory of the I-140 attesting to the fact that they did not send in a request to pull the I-140.
While it may be that USCIS might reopen on their own motion based on the letter from your attorney, you only have 33 days to file a MTR. If USCIS does not reopen on their own motion and you do not file a MTR within 33 days, then you have lost the chance to file a MTR, and have no authority to appeal the Services decision not to reopen on their own motion.
So you definitely want to file a MTR. It is worth the filing fee.
Of course , before you file a MTR and pay the filing fees, you want to make sure that you company didn’t accidentally send in a letter requesting your I-140 be withdrawn along with the other 12. It would have been an easy mistake to have made. If that is the case, I would say it is unlikely that USCIS would reopen.