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

[woainilin]

I can't believe this .. today Lin gets a letter in the mail which was forwarded from our old address. It is a denial Decision for his permanent residence application because he did not go to his interview in CA.

 

Order of events:

 

10/24 move

10/25 notice of interview for12/11

10/31 confirmation of change of address from USCIS

11/1 Notice of cancellation of interview

12/12 Decision on application for status as permanent resident - denied for failure to appear at interview on 12/11

 

Text says " If you fail to depart from the United States proceedings will be instituted to enforce your departure. You may renew your application for status as a permanent resident during such proceedings" .......

 

In order for him not to be sent back to China I have to file an appeal and pay another $385.00. How @#@#@@# annoying !!!!!!!!

 

Anyone have to deal with this crap before? Should I expect this to happen again when we move next month? I am soooooooooo mad right now

[tonado]

Toni,

 

That really sucks. I wonder if you should hire a lawyer for their mess up.

[jemmyell]

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

 

-James

[Blacksheep]

This look like typical BS that government uses to make more money.

[LeeFisher3]

You might want to try to make an infopass appointment and take your paperwork with you showing they canceled the 12/11 interview. It is possible an IO can reverse the decision, a friendly Congressional aid might be able to help as well.

 

But if they don't you will need to file an appeal or motions to reopen.

 

The most important thing is to have your paperwork filed in less than 30 days if the USCIS does not reverse itself.

 

I know your more than pi$$ed, but keep a cool head, you can't afford to let emotions make this worse. Now after the fact is another story.

[pkfops]

You might want to try to make an infopass appointment and take your paperwork with you showing they canceled the 12/11 interview. It is possible an IO can reverse the decision, a friendly Congressional aid might be able to help as well.

 

But if they don't you will need to file an appeal or motions to reopen.

 

The most important thing is to have your paperwork filed in less than 30 days if the USCIS does not reverse itself.

 

I know your more than pi$$ed, but keep a cool head, you can't afford to let emotions make this worse. Now after the fact is another story.

 

Don't forget the paperwork to prove you moved to take a new job.

 

Time to do battle.

[woainilin]

Toni,

 

That really sucks. I wonder if you should hire a lawyer for their mess up.

 

 

Tony .. I hate to say it .. but I find so many lawyers to be so incompetant I would feel better taking the matter into my own hands. Im sending in the appeal letter along with the $385 and every messed up document they sent me setting up the interview and then cancelling it and then verifying my address and then sending the denial to the old address. I also set up an Info pass appointment to hopefully have an immigration officer check out their computer to ensure they have the right address and up to date status. Who knows, maybe I will get lucky and get a automatic approval without an interview when they take my 385 and review their error.

[LeeFisher3]

Toni,

 

That really sucks. I wonder if you should hire a lawyer for their mess up.

 

 

Tony .. I hate to say it .. but I find so many lawyers to be so incompetant I would feel better taking the matter into my own hands. Im sending in the appeal letter along with the $385 and every messed up document they sent me setting up the interview and then cancelling it and then verifying my address and then sending the denial to the old address. I also set up an Info pass appointment to hopefully have an immigration officer check out their computer to ensure they have the right address and up to date status. Who knows, maybe I will get lucky and get a automatic approval without an interview when they take my 385 and review their error.

Toni, wait until after your infopass appointment before sending the appeal, because it is not refundable under any circumstances. If you get lucky at the infopass appointment there is no use giving them extra money for nothing.

[woainilin]

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

[LeeFisher3]

Toni, you should try other methods before committing to the appeal process, currently the processing time for I-485 appeals is currently shown as 18 months.

Appeal The Denial Of My Petition Or Application?

 

Try hitting your local Congressional Representatives office to get aid in dealing with the local USCIS office, this is so clearly a screwup it is possible they will fight for you. Ideally you want to get back into the system where you are waiting for an interview.

 

In any case follow through with an infopass appointment and see what you can achieve with them.

 

Also, as this is moving quickly if you didn't file an Entry of Appearance as Representative G-28 so you can have legal standing in the case to represent your husband or speak in his behalf. This should be filed at the USCIS and if needed with the appeal.

[jim_julian]

Toni ... I would recommend, much like Lee, a gentle escalation ...

 

Step 1 is to make sure you have good documentation for everything, including detailed notes for yourself on exactly what happened so that you are absolutely consistent.

 

Second, I'd have Lin file the form (number escapes me at the moment) designating you as his agent. This is the same thing you file to have a lawyer speak for him. It will allow the USG to discuss Lin's case with you without the hassel of having to have him on the phone line, etc.

 

Three, try the InfoPass before you escalate (keeping an eye on the timeline, of course). At the InfoPass be sure to bring Lin, dress nicely (I'm sure you always do), smile, maintain eye contact, know your stuff and be prepared to quote chapter and verse, if needed become a bit firmer and ask for the supervisor. With any luck I think the InfoPass could straighten this out and get you guys back on track.

 

Good luck ... because in this game -- unfortunately luck counts

[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

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

[woainilin]

I called USCIS when I got the letter. The agent who answered the phone was quite surprised because everything she could see on the computer stated that we were still waiting for an interview and not that our application had been denied. Even though she herself could see that it was messed up she not only advised me to follow the instructions in the letter, but she also put me on hold and talked to her supervisor to ensure that was the best course to take. Because the letter was generated in California and sent to NY the date of the letter is 12/12/06. I set up an infopass appointment for 1/9/07 but I am REALLY afraid to wait until after that date to send in the request to reopen. The letter does not tell me how long I have to reopen. They can have my 385 $$, under no circumstances do I want someone to come here and try to extradite Lin. I rather be stuck waiting 18 months before we can leave the US then start all over with a I-130 and another 2 year wait.

 

 

Here is the exact text of the letter:

 

Lin Zhao

sent to our CA address

 

Upon consideration, it is ordered that your application for status as a permanent resident be denied for the following reasons:

 

See attachment

 

If you fail to depart from the United States, proceedings will be instituted to enforce your departure. You may renew your application for status as a permanet resident during such proceedings:

Sincerly

 

XKXKLLKLS

 

Reference is made to the Application for adjustment of status of lawful permanent residence (From I0485) which you filed on 10/5/2006, pursuant to Section 245 of the Immigration and nationality Act as asmended. You were scheduled for an interview on 12/11/2006. You failed to appear for that interview.

 

Title 8, Code of Federal Regulartion Section 103.2((13) states the following in pertinent part:

 

Effect of failure to respond to a request for evidence or appearance if a person requested to appearr for an interview doesn not appeart, the Service does not receive his or her request for rescheduling by the date of the interview or the applicant or petitioner has not withdrawn the application or petition, the application or petition shall be considered abandoned and accordingly shall be denied.

 

Failure to prosecute is a valid ground for denial when the applicant fails to comply with a reasonable request to appear for interview. Matter of Pearson, 13 I&N Dec152. Upon review of the record, it is hearby determined that you failed to participate in the interview process therefore the application for adjustment of status must be and is hereby denied due of lack of prosecution in accordance with Title 8, code of federal regulations, section 103.2(B) (13) and OI 103.2(0). There is no appeal to this decision.

 

In accordance with Title 8 Code of Federal regulations 274a.12 your authorization to accept employment was limited to the time necessary to decide this case. Inasmuch as the application for adjustment has been denied, authorization to accept employment is terminated, pursuant to Title 8, Code of Federal Regulations 274a.14(a)(1)

 

Additionally pursuant to Section 212.5(d)(2()(i(_ any advandced parole issued to you is hereby terminated and you are returned to your previous status.

 

If you believe your application has been denied in error you may file a Motion to Reopen or Recondiser with a fee or 385.00 at the address listed below.

[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 !!!!!

[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.