FU&@ #%$#%$#%$#%#%##

[woainilin]

I agree with Don to heed Lee's advice.

 

Also you should look at Bruce&Ying's thread. I think they were denied due to USCIS screw as well, and read the post from Marty at the end of that thread. Bruce's wife finally got the greencard.

 

Bruce and Yings AOS denial

 

 

You know what is really bothering me ..I thought that mail from USCIS was not supposed to be forwarded to another address. Thank CA postal service it is or I would have no idea that I even had a problem being as the request for the interview, the cancellation of the interview and the denial letter were all sent the old address. That would have been messed up if I woke up one day and Immigration was here to deport Lin ..

 

Another question. IF I file the request to reopen, what is the worst that can happen? Is it only that it might take 18 months and Lin cannot work or return to China during that time?

 

What is the worst that can happen if I wait until 1/9 and go to the info pass meeting without responding to the denial that I haven't offiicially gotten anyway?

 

BTW: I know I am being a pain and I am TRIPPINNNNNNNNNnn .. but this really made me hai pa !!!!!

You're not being a pain, this is a real problem and you are doing everything you can to solve it.

 

The link I posted above said you have either 30 or 33 days to file depending on how you received the notice.

 

Also, just because the earliest they would schedule an InfoPass appointment was 1/9 doesn't mean you can't just walk in without an appointment. It takes a bit more time waiting, but you can see someone much earlier, just don't try for Fridays because the windows are closed.

 

 

Thank you Lee!!!! I really apprieciate your advice. I decided to take tomorrow off from work and go to NY to immigration to see what they advise. I don't mind sitting there all day. I realized that I wouldn't be able to focus on anything else until I fully understand what the best course of action is.

[SheLikesME?]

Just glad to see you taking charge and handling this. Go get'em tiger.

 

I hope my wild crazy wife does not stay and i have to do an AOS, but never know........

 

Just a curious question. Could you have had the interview in CA even though you moved, or do you have to change interviews due to location?

[rlheim]

I hope you can fix this problem quickly, this sucks big time. Sorry I don't have any sage advice. Just want to say what a wonderful system!

Good luck

[john90]

I agree with Don to heed Lee's advice.

 

Also you should look at Bruce&Ying's thread. I think they were denied due to USCIS screw as well, and read the post from Marty at the end of that thread. Bruce's wife finally got the greencard.

 

Bruce and Yings AOS denial

 

 

You know what is really bothering me ..I thought that mail from USCIS was not supposed to be forwarded to another address. Thank CA postal service it is or I would have no idea that I even had a problem being as the request for the interview, the cancellation of the interview and the denial letter were all sent the old address. That would have been messed up if I woke up one day and Immigration was here to deport Lin ..

 

Another question. IF I file the request to reopen, what is the worst that can happen? Is it only that it might take 18 months and Lin cannot work or return to China during that time?

 

What is the worst that can happen if I wait until 1/9 and go to the info pass meeting without responding to the denial that I haven't offiicially gotten anyway?

 

BTW: I know I am being a pain and I am TRIPPINNNNNNNNNnn .. but this really made me hai pa !!!!!

You're not being a pain, this is a real problem and you are doing everything you can to solve it.

 

The link I posted above said you have either 30 or 33 days to file depending on how you received the notice.

 

Also, just because the earliest they would schedule an InfoPass appointment was 1/9 doesn't mean you can't just walk in without an appointment. It takes a bit more time waiting, but you can see someone much earlier, just don't try for Fridays because the windows are closed.

 

 

Thank you Lee!!!! I really apprieciate your advice. I decided to take tomorrow off from work and go to NY to immigration to see what they advise. I don't mind sitting there all day. I realized that I wouldn't be able to focus on anything else until I fully understand what the best course of action is.

 

 

 

 

Toni,

 

Are you are going into New York City to talk to Immigration officials? The only place INS office I know of in New York City is downtown at 26 Federal Plaza(aka jacob javits building), near Chinatown. That is where they process the AOS and other immigration issues. Unfortunately, no one can get into that building without an appointment letter. My wife and I went there for her AOS interview several months ago. Maybe things have changed, so you should call before if you are going to that office.

 

Good luck,

Edited December 27, 2006 by john90 (see edit history)

[LeeFisher3]

I agree with Don to heed Lee's advice.

 

Also you should look at Bruce&Ying's thread. I think they were denied due to USCIS screw as well, and read the post from Marty at the end of that thread. Bruce's wife finally got the greencard.

 

Bruce and Yings AOS denial

 

 

You know what is really bothering me ..I thought that mail from USCIS was not supposed to be forwarded to another address. Thank CA postal service it is or I would have no idea that I even had a problem being as the request for the interview, the cancellation of the interview and the denial letter were all sent the old address. That would have been messed up if I woke up one day and Immigration was here to deport Lin ..

 

Another question. IF I file the request to reopen, what is the worst that can happen? Is it only that it might take 18 months and Lin cannot work or return to China during that time?

 

What is the worst that can happen if I wait until 1/9 and go to the info pass meeting without responding to the denial that I haven't offiicially gotten anyway?

 

BTW: I know I am being a pain and I am TRIPPINNNNNNNNNnn .. but this really made me hai pa !!!!!

You're not being a pain, this is a real problem and you are doing everything you can to solve it.

 

The link I posted above said you have either 30 or 33 days to file depending on how you received the notice.

 

Also, just because the earliest they would schedule an InfoPass appointment was 1/9 doesn't mean you can't just walk in without an appointment. It takes a bit more time waiting, but you can see someone much earlier, just don't try for Fridays because the windows are closed.

 

 

Thank you Lee!!!! I really apprieciate your advice. I decided to take tomorrow off from work and go to NY to immigration to see what they advise. I don't mind sitting there all day. I realized that I wouldn't be able to focus on anything else until I fully understand what the best course of action is.

 

 

 

 

Toni,

 

Are you are going into New York City to talk to Immigration officials? The only place INS office I know of in New York City is downtown at 26 Federal Plaza(aka jacob javits building), near Chinatown. That is where they process the AOS and other immigration issues. Unfortunately, no one can get into that building without an appointment letter. My wife and I went there for her AOS interview several months ago. Maybe things have changed, so you should call before if you are going to that office.

 

Good luck,

She received a letter concerning denial of an application which should get them in the door with or without an appointment. The main purpose of restricted entry is to only allow those who have business with the USCIS entry.

 

Personally, one of the first questions I'd ask is "What the F!$#$! is this?", but then I'd probably get bounced the way I'd ask it. But then again, it's New York.

[woainilin]

I agree with Don to heed Lee's advice.

 

Also you should look at Bruce&Ying's thread. I think they were denied due to USCIS screw as well, and read the post from Marty at the end of that thread. Bruce's wife finally got the greencard.

 

Bruce and Yings AOS denial

 

 

You know what is really bothering me ..I thought that mail from USCIS was not supposed to be forwarded to another address. Thank CA postal service it is or I would have no idea that I even had a problem being as the request for the interview, the cancellation of the interview and the denial letter were all sent the old address. That would have been messed up if I woke up one day and Immigration was here to deport Lin ..

 

Another question. IF I file the request to reopen, what is the worst that can happen? Is it only that it might take 18 months and Lin cannot work or return to China during that time?

 

What is the worst that can happen if I wait until 1/9 and go to the info pass meeting without responding to the denial that I haven't offiicially gotten anyway?

 

BTW: I know I am being a pain and I am TRIPPINNNNNNNNNnn .. but this really made me hai pa !!!!!

You're not being a pain, this is a real problem and you are doing everything you can to solve it.

 

The link I posted above said you have either 30 or 33 days to file depending on how you received the notice.

 

Also, just because the earliest they would schedule an InfoPass appointment was 1/9 doesn't mean you can't just walk in without an appointment. It takes a bit more time waiting, but you can see someone much earlier, just don't try for Fridays because the windows are closed.

 

 

Thank you Lee!!!! I really apprieciate your advice. I decided to take tomorrow off from work and go to NY to immigration to see what they advise. I don't mind sitting there all day. I realized that I wouldn't be able to focus on anything else until I fully understand what the best course of action is.

 

 

 

 

Toni,

 

Are you are going into New York City to talk to Immigration officials? The only place INS office I know of in New York City is downtown at 26 Federal Plaza(aka jacob javits building), near Chinatown. That is where they process the AOS and other immigration issues. Unfortunately, no one can get into that building without an appointment letter. My wife and I went there for her AOS interview several months ago. Maybe things have changed, so you should call before if you are going to that office.

 

Good luck,

She received a letter concerning denial of an application which should get them in the door with or without an appointment. The main purpose of restricted entry is to only allow those who have business with the USCIS entry.

 

Personally, one of the first questions I'd ask is "What the F!$#$! is this?", but then I'd probably get bounced the way I'd ask it. But then again, it's New York.

 

Im trying to call now to find out if I can get in without an appointment. When I look at the website for that office it lists public hours as 7-330 and then lists the garden city as appointment only which is not the one I am going to. However, then it states below that, to speak with an immigration officer schedule an infopass. So confusing. Can't speak to a person till 8am...... whewwww hoooo it's 8:01 let me try ......

Visiting Our Office:

Public Hours:

The District Information Office is open from Monday through Friday, from 7:00 AM to 3:30 PM. We are closed Saturday, Sunday and Federal holidays.

 

Garden City Naturalization Office Hours - By Appointment Only

Monday through Friday 7:30 AM - 4: 00 PM

(For further details, click Naturalization Information)

 

To speak with an Immigration Officer, please schedule an INFOPASS appointment via the Internet at www.infopass.uscis.gov.

[LeeFisher3]

I agree with Don to heed Lee's advice.

 

Also you should look at Bruce&Ying's thread. I think they were denied due to USCIS screw as well, and read the post from Marty at the end of that thread. Bruce's wife finally got the greencard.

 

Bruce and Yings AOS denial

 

 

You know what is really bothering me ..I thought that mail from USCIS was not supposed to be forwarded to another address. Thank CA postal service it is or I would have no idea that I even had a problem being as the request for the interview, the cancellation of the interview and the denial letter were all sent the old address. That would have been messed up if I woke up one day and Immigration was here to deport Lin ..

 

Another question. IF I file the request to reopen, what is the worst that can happen? Is it only that it might take 18 months and Lin cannot work or return to China during that time?

 

What is the worst that can happen if I wait until 1/9 and go to the info pass meeting without responding to the denial that I haven't offiicially gotten anyway?

 

BTW: I know I am being a pain and I am TRIPPINNNNNNNNNnn .. but this really made me hai pa !!!!!

You're not being a pain, this is a real problem and you are doing everything you can to solve it.

 

The link I posted above said you have either 30 or 33 days to file depending on how you received the notice.

 

Also, just because the earliest they would schedule an InfoPass appointment was 1/9 doesn't mean you can't just walk in without an appointment. It takes a bit more time waiting, but you can see someone much earlier, just don't try for Fridays because the windows are closed.

 

 

Thank you Lee!!!! I really apprieciate your advice. I decided to take tomorrow off from work and go to NY to immigration to see what they advise. I don't mind sitting there all day. I realized that I wouldn't be able to focus on anything else until I fully understand what the best course of action is.

 

 

 

 

Toni,

 

Are you are going into New York City to talk to Immigration officials? The only place INS office I know of in New York City is downtown at 26 Federal Plaza(aka jacob javits building), near Chinatown. That is where they process the AOS and other immigration issues. Unfortunately, no one can get into that building without an appointment letter. My wife and I went there for her AOS interview several months ago. Maybe things have changed, so you should call before if you are going to that office.

 

Good luck,

She received a letter concerning denial of an application which should get them in the door with or without an appointment. The main purpose of restricted entry is to only allow those who have business with the USCIS entry.

 

Personally, one of the first questions I'd ask is "What the F!$#$! is this?", but then I'd probably get bounced the way I'd ask it. But then again, it's New York.

 

Im trying to call now to find out if I can get in without an appointment. When I look at the website for that office it lists public hours as 7-330 and then lists the garden city as appointment only which is not the one I am going to. However, then it states below that, to speak with an immigration officer schedule an infopass. So confusing. Can't speak to a person till 8am...... whewwww hoooo it's 8:01 let me try ......

Visiting Our Office:

Public Hours:

The District Information Office is open from Monday through Friday, from 7:00 AM to 3:30 PM. We are closed Saturday, Sunday and Federal holidays.

 

Garden City Naturalization Office Hours - By Appointment Only

Monday through Friday 7:30 AM - 4: 00 PM

(For further details, click Naturalization Information)

 

To speak with an Immigration Officer, please schedule an INFOPASS appointment via the Internet at www.infopass.uscis.gov.

The USCIS assumes that EVERYONE has internet access, so pretend you don't. Contrary to popular belief internet is not a requirement to be an immigrant.

[chilton747]

Just another hurdle in the race. I am sure you will finish well.

[MRMC]

I would go and talk to immigration officials immediately as you are doing. As I had stated before, the AR11 seems to do nothing. So does the phonecall. The InfoPass seems the only way. I think if you do not have any success with immigration, I would contact a lawyer now. If you wait too long, then the lawyer will not have time to help. This may be too serious to go it alone.

[woainilin]

I would go and talk to immigration officials immediately as you are doing. As I had stated before, the AR11 seems to do nothing. So does the phonecall. The InfoPass seems the only way. I think if you do not have any success with immigration, I would contact a lawyer now. If you wait too long, then the lawyer will not have time to help. This may be too serious to go it alone.

 

 

Me and Lin went to the Manhatten Office. We didn't have an appointment and got into the building, however we could not talk to anyone. The only thing they let you do is use the info pass machine to set up a meeting. I had an info pass meeting for 1/9/06. I cancelled it and set one up for 1/4/06.

 

The denial letter was dated 12/12/06, I could wait until after our info pass meeting on 1/4 to file the appeal or I could file the appeal now to ensure it is received before 30 days. Suggestions ????????

[PapaBear]

I would go and talk to immigration officials immediately as you are doing. As I had stated before, the AR11 seems to do nothing. So does the phonecall. The InfoPass seems the only way. I think if you do not have any success with immigration, I would contact a lawyer now. If you wait too long, then the lawyer will not have time to help. This may be too serious to go it alone.

 

 

Me and Lin went to the Manhatten Office. We didn't have an appointment and got into the building, however we could not talk to anyone. The only thing they let you do is use the info pass machine to set up a meeting. I had an info pass meeting for 1/9/06. I cancelled it and set one up for 1/4/06.

 

The denial letter was dated 12/12/06, I could wait until after our info pass meeting on 1/4 to file the appeal or I could file the appeal now to ensure it is received before 30 days. Suggestions ????????

 

Toni......I'd wait and go to the 1/4/07 InfoPass appointment. This thing should be resolvable in an InfoPas Appointment. If you happen to get an IO who doesn't want to help you, ask to speak with her/his supervisor......as this is an urgent situation!

 

Keep up the faith.....that it'll all work out! I know how frustrating it can be!!

 

PapaBear

[pkfops]

I would go and talk to immigration officials immediately as you are doing. As I had stated before, the AR11 seems to do nothing. So does the phonecall. The InfoPass seems the only way. I think if you do not have any success with immigration, I would contact a lawyer now. If you wait too long, then the lawyer will not have time to help. This may be too serious to go it alone.

 

 

Me and Lin went to the Manhatten Office. We didn't have an appointment and got into the building, however we could not talk to anyone. The only thing they let you do is use the info pass machine to set up a meeting. I had an info pass meeting for 1/9/06. I cancelled it and set one up for 1/4/06.

 

The denial letter was dated 12/12/06, I could wait until after our info pass meeting on 1/4 to file the appeal or I could file the appeal now to ensure it is received before 30 days. Suggestions ????????

 

Toni......I'd wait and go to the 1/4/07 InfoPass appointment. This thing should be resolvable in an InfoPas Appointment. If you happen to get an IO who doesn't want to help you, ask to speak with her/his supervisor......as this is an urgent situation!

 

Keep up the faith.....that it'll all work out! I know how frustrating it can be!!

 

PapaBear

 

My gut feeling is the IO may acknowledge the screwups with the system as

our IO was making some comments about how our file was assembled during

our AOS interview.

 

You have a week to get ready....."Living life on the edge"...."You're at your best"....

Edited December 27, 2006 by pkfops (see edit history)

[LeeFisher3]

You should treat this VERY seriously Toni, get a good local lawyer, this could be really bad news.

 

-James

 

 

James: Do you think they would further deny us after paying the 385? Here is a copy of the letter I am sending them:

 

U.S. Citizenship and Immigration Services

PO Box 805887

Chicago, IL 60680-4120

December 26, 2006

A 99 ### ####

Receipt # MSC0######

Regarding: 12/12/06 Decision on Application for Status As Permanent Resident

 

To Whom It May Concern:

I would like to file a Motion to Reopen or Reconsider. I am sending in the fee of $385.00 with the following documents to be considered:

¡ì I-797C ASC Appointment Notice for Biometrics dated 10/13/2006

¡ì I-797C Request for Applicant to appear for initial interview dated 10/25/2006

¡ì Letter from US Department of Homeland Security validating change of address from CA to NY dated 10/30/2006

¡ì I-797C Notice of Inerview Cancellation by USCIS dated 11/1/2006

¡ì Copy of AR-11 Aliens Change of Address mailed 11/5/2006

¡ì Decision on Application for Status as Permanent Resident Denial dated 12/12/2006

 

Order of Events:

Filed 1-485 on 10/13/2006 in California

Completed Biometrics appointment 10/19/2006 in California

Moved from California to New York 10/24/2006

Called USCIS and notified of move 10/30/2006

Sent in AR-11 on 11/5/2006

Received confirmation of change of address at new address 11/3/2006

Received notice of interview forwarded from previous address 11/6/2006

Received cancellation of interview forwarded from previous address 11/15/2006

Case Status online indicated cancelled appointment 11/15/2006

Received Denial decision on status as permanent resident because we failed to appear at the cancelled interview forwarded from the California address 12/26/2006

 

I would appreciate any help you can provide. I believe this decision was made in error, as we should not be expected to attend an appointment cancelled by your office.

 

 

Regards,

 

 

 

Toni and Lin Zhao

Toni, as you may need to file the appeal using form I-290b I would suggest that you use different text to present your case in item 3. This is more of a legal proceeding and you need to clearly state who did what, when they did it and what you expect to be done. While the words may sound strong you need to make your case in a clear manner that ties your supporting documentation together as well as tells them what you expect.

 

Here is some text you might consider:

On November 1, 2006, the USCIS issued a cancellation notice for an Adjustment of Status interview, which the USCIS previously scheduled for December 11, 2006. As the USCIS canceled this interview, the issuance of a denial based on non-attendance of the same interview on December 12, 2006 is without merit we demand that the USCIS immediately re-open the case without prejudice. We also ask that you immediately schedule a new interview.

Your letter that accompanies the evidence might want to include something like:

RE: Motion to re-open case number MSC0###### due to gross negligence on the part of the USCIS.

 

The issuance of a denial under these circumstances should never have occurred and we ask that you initiate an investigation to determine the cause of this occurrence as well as the party responsible for the additional cost of $385 to the applicant to correct this issue. We also ask that you provide documentation on the options available for the applicant to recover the fee required to correct the error caused by the negligence of the USCIS.

While it is doubtful they would ever consider returning your money you need to make a demand that they investigate the problem. It then becomes a matter of record that Lin has been injured by their actions.

 

Don't worry about offending them with the term negligence, this is not a personal matter to them. You are making your case that they screwed up and you demand the correct this immediately.

 

Personally, I would remove the niceties from the letter, such as I believe this decision was made in error, this is an error and it's theirs. You are not asking for a favor you are demanding they correct their mistake and you want it done yesterday!

 

My hope is that when you showed up to speak with an IO today they shook their head and cursed the people who did this and re-opened the case telling you they were sorry for the inconvenience as any good customer service rep would do.

[izus]

keep your spirits high guys

he's not going anywhere, you'll work it out

Edited December 27, 2006 by izus (see edit history)

[LeeFisher3]

I would go and talk to immigration officials immediately as you are doing. As I had stated before, the AR11 seems to do nothing. So does the phonecall. The InfoPass seems the only way. I think if you do not have any success with immigration, I would contact a lawyer now. If you wait too long, then the lawyer will not have time to help. This may be too serious to go it alone.

 

 

Me and Lin went to the Manhatten Office. We didn't have an appointment and got into the building, however we could not talk to anyone. The only thing they let you do is use the info pass machine to set up a meeting. I had an info pass meeting for 1/9/06. I cancelled it and set one up for 1/4/06.

 

The denial letter was dated 12/12/06, I could wait until after our info pass meeting on 1/4 to file the appeal or I could file the appeal now to ensure it is received before 30 days. Suggestions ????????

Hold off on express mailing the Appeal, but have it completed an ready to go out the door, in fact take it with you to the infopass appointment so if they don't do anything you can leave there and overnight it immediately.

 

Make sure you have a couple of copies of your appeal and supporting documents with you for the infopass appointment. If they go down the path of telling you they can't do anything and you get to the supervisor you might want to express your displeasure with a statement along the lines of you are angry that the USCIS is allowed to EXTORT money from you and your husband due to their incompetence, you are looking to knock this out of the park and if you are speaking with a supervisor you need to get their attention. Don't get pissy with them, but make this a strong business like discussion.

 

They are used to people being fearful, so don't give them what they expect.