Q&A’s published on Lawyers.com and the Epoch Times on November 20, 2020 1. I-130 Denied Notice Was Never Received. Will I Get Same Priority Date If I File New I-130? 2. I got married recently with to an U.S. citizen but she refused to fill the form-130 and left while I was about to file for my paperwork. what can I do? 3. Can a traffic violation in which I was fined and I paid the fine. affect my naturalization application. 4. Currently a DACA Applicant (have been for 8 years) married to a US Citizen, am I allowed to broad a cruise ship to the Bahamas?

1. I-130 Denied Notice Was Never Received. Will I Get Same Priority Date If I File New I-130  ?

As US citizen, I applied for my sister in 2007. Case status still says pending on USCIS website however when I called recently, I was told that the case was denied back in 2009 and a notice was sent. I never received the notice and officer suggested to file another I-130. My question is, if I apply for the same beneficiary under same category, will the original priority date be recaptured considering that my sister now has 2 sons. I am devastated to find out after so many years and I could swear that I had called USCIS many times for the same case in the past and each time I got a response that the case was still pending. What are my options?  What can I do to avoid the long delay? it has been 12+ years now and I don’t want to lose anymore time. Besides that my nephews will outgrow the new priority date (if new one given) at the time a visa is issued.

Mr. Lee answers:
A denied I-130 petition does not allow for retention of priority date with a later filing. If you can prove that U.S.C.I.S. sent the notice to an incorrect address or made some other error, you may be able to reopen the I-130 determination. You would have to further communicate with U.S.C.I.S. the way the you are doing it now to gain more information, or arrange for an infopass at a local field office (if that is allowed) or request a copy of the file through the Freedom of Information Act. 

2. I got married recently with to an U.S. citizen but she refused to fill the form-130 and left while I was about to file for my paperwork. what can I do?

Mr. Lee answers:
If your US citizen wife refuses to sponsor you for the green card, that is within her rights. You have no recourse with U.S.C.I.S. to force your wife to sponsor you. It may well be that she suspects that you married her just so that she could sponsor you for permanent residence. I note that some US citizens use the power that they have over the alien at this time like a baseball bat, which does not make for a good marriage. Marriage should be based upon trust. I suggest that you attempt to alleviate her concerns and otherwise discuss with her the reasons for her reluctance to sponsor you. If you do so and she is convinced of your love, she may then consent to sponsor you. 

3. Can a traffic violation in which I was fined and I paid the fine. affect my naturalization application.

I was speeding.  I drove 62 MPH on a 45 MPH limit. I paid my ticket on time and it was dismissed.

Mr. Lee answers:
A traffic speeding violation for which the fine was paid would not have any effect upon a naturalization application.  There is no act of bad moral character here.  

4. Currently a DACA Applicant (have been for 8 years) married to a US Citizen, am I allowed to broad a cruise ship to the Bahamas?

I have a “work authorization card”, “Real ID”, and Mexican Passport (Marriage License if needed) and would like to know if it is safe to take a cruise ship to the Bahamas for pleasure.

Mr. Lee answers:
As the Bahamas are not part of the United States, and DACA status does not allow travel, it would not in my opinion be safe for you to take a trip there on a cruise ship.