Immigration Forum / USA Marriage Base / January 2006

There is no form, you do a letter and affidavit up yourself.  There used
to be a form, but no more.  They recently raised the fee from $110 to (I
think) $385.  Also, you must send to Chicago Lockbox (I found this out
the hard way).

As to what should be in the letter/affidavit, it is in the applicable
sections of the Code of Federal Regulation (CFR).  Again, see my
previous posts.

Grouchy

Since I got so much help in my own reopen [thanks esp Rete and Mr F], I
decided to try to find the link for you to the CFR section (8 CFR
103.5), and I checked, the fee is now $385.  Ignore what they say about
the using the form, because it used to exist and does not anymore:

http://ecfr.gpoaccess.gov/cgi/t/text/text-
idx?c=ecfr&sid=9c0c5b3eae3ad1785ed881dd1298f7e2&rgn=div8&view=text&node-
=8:1.0.1.2.6.0.1.5&idno=8

You will call it a motion to reopen, not a motion to reconsider.  The
motion can be in letter form.  As you will see from the CFR section, the
requirements for the reopen letter are:(A) In writing and signed by the
affected party or the attorney or representative of record, if any; (B)
accompanied by the fee, (C) Accompanied by a statement about whether or
not the validity of the unfavorable decision has been or is the subject
of any judicial proceeding and, if so, the court, nature, date, and
status or result of the proceeding; [i.e., that is has not been the
subject of any judicial proceeding in your case] (D) Addressed to the
official having jurisdiction; [the one who signed the denial letter] and
(E) Submitted to the office maintaining the record upon which the
unfavorable decision was made for forwarding to the official having
jurisdiction. [BUT I caution you again, mail to Chicago Lockbox and once
they cash the check, they will forward it to the office.  Address it to
the office who issued the decision, c/o Chicago Lockbox. at the Chicago
Lockbox address]

Along with your letter outlining why your case should be reopen, submit
a notarized affidavit describing what happened.  To be successful, you
must prove that there are new facts to be provided in the reopened
proceeding and that claim must be supported by affidavits or other
documentary evidence. A motion to reopen an application or petition
denied due to abandonment must be filed with evidence that the decision
was in error because:

 (i) The requested evidence was not material to the issue of
     eligibility;

(ii) The required initial evidence was submitted with the application
     or petition, or the request for initial evidence or additional
     information or appearance was complied with during the allotted
     period; or

(iii) The request for additional information or appearance was sent to
     an address other than that on the application, petition, or notice
     of representation, or that the applicant or petitioner advised the
     Service, in writing, of a change of address or change of
     representation subsequent to filing and before the Service's
     request was sent, and the request did not go to the new address.

Good luck.