i130 denied notice was never received. Filing new i130 will I get same priority date? - Lawyers.com

i130 denied notice was never received. Filing new i130 will I get same priority date?

Asked on Mar 21st, 2019 on Immigration - New Jersey
More details to this question:
as USC I applied for sister in 2007.Case status still says pending on USCIS website however when I called recently to find out , I was told that the case was denied back in 2009 and a notice was sent . I never received the notice , officer suggested to file another i130. But my question is , if I apply for the same beneficiary under same category , will the original priority date be recaptured considering that sister now has 2 sons. I am devastated to find out after so many years and I could swear that I have called USCIS many times for the same case in the past and each time I got a response that the case is 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 loose anymore time. Besides that my nephews will outgrow the new priority date(if new one given) at the time a visa is issued. I am referring to this section 8 CFR § 204.2(h) , but the language is not clear to me as I am not an attorney.
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Answered on Apr 14th, 2019 at 2:47 PM
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. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

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