AAO decision pending for my son...if dismissed what can I do?

Hello all,

I am a naturalized citizen who brought my little brother to the U.S. as my son. He was paroled in 1 Dec 2004. I filed for temporary protective status for him (TPS) and they filed the I-130, I-485, and EAD paper work in 2005. The EAD got approved and the I-130 also got approved. He got finger printed and we went for the interview. I checked the status online and even got an approval letter in the mail. It was taking forever for us to get the swearing in date, so checked the status online and got this message:
Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

"Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

We reopened this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN on November 9, 2006, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service."

I contacted them and also got letter that they were intending to deny the application so I should take a blood test but I refuse since my son is actually my brother. They denied the application but I appealed to the administrative appeals office. Now if this is denied what will be my course of action? I did not go through a lawyer I did it by myself. Any help will be greatly appreciated.

Hey realdreamer,

yours is an extremely unique situation and I'm not sure if anyone here is qualified to speak about your case. Best thing I can do is recommend you find a good immigration attorney or email an immigration attorney regarding your case.

You can find qualified attorneys on www.martindale.com

However, reading from your post, it seems highly unusual that USCIS reopened the case after approving it. USCIS rarely does this unless critical information comes to light. My guess, and this is only a guess, is that somehow USCIS discovered that your son is actually your brother, or maybe they don't even know this but there is something unusual about your case that made them rethink their decision. Regardless, this is all my speculation.

My best recommendation is for you to seek out a qualified immigration attorney. You can also email Carl Shusterman or check out his website www.shusterman.com to see if he has any info pertaining to your case.

Actually, I highly recommend you retain an immigration lawyer because it is possible that USCIS revokes their decision and put an urgent request to ICE for expedited deportation of your brother.

As RahmanIV mentioned,You should have definitely consulted or retained a lawyer first.Your story basically dictates under current laws that you brought your brother into the U.S. fraudulently based upon the information you've given so far.A blood test is standard procedure for family petitions to ensure that the person or persons are actually related based upon the petition they are applying & could be the reason why they have "intent to deny".Imo,any appeal you do will likely be unsuccessful as you have no real grounds[so far] to win an appeal successfully.

I have a few questions.

Did you adopt your brother in his country of origin before he was paroled into the United States by CBP ?

What status was your brother given upon entry & on what grounds ?