On April 01, 2002 our client filed an I-130 petition for her sibling. In January of 2009 she moved to Texas and notified USCIS of her address change. USCIS incorrectly sent a Request for Evidence (RFE) to her old address shortly after her move. Our client never received the RFE, so her case was denied due to abandonment. Practically, this meant that our client would have to file a new I-130, and her sibling would have to wait approximately 10 more years for her visa to become current. Client hired Azhar & Azhar Law Firm to seek to re-open the case through an I-290B, in order to preserve the original 2002 priority date. Attorney Furqan filed the motion, although untimely, and argued that USCIS should reopen the case pursuant to their sua sponte power as set forth in 8 CFR § 103.5. USCIS has the authority to re-open a case sua sponte, in its discretion, if they determine that there is an obvious error. The USCIS adjudicating officer agreed with the arguments Attorney Furqan made and exercised their discretion in re-opening the case. The I-130 was reopened and approved.
