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

[tonado]

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.

 

Maybe you can mention that you are the VP of your company.

[warpedbored]

It never ceases to amaze me how incompetent the USCIS is in processing AOS. It appears more cases than not get screwed up. Take Mick's multiple trips to get Li's green card straightened out, Our own case they put my wife's name wrong on the NOA we have been waiting 60 days for them to send us a new letter. Wrong addresses, typos, lost paperwork, and a multitude of other errors makes one think they must spend more time fixing shit than processing cases. Toni you seem to have proof that all of your documents were filed correctly. I am in agreement that the info pass is the best recourse for now. As Lee stated be ready to fire off the appeal the same day though. You may want to consider a mandamus action if you don't get satisfaction at the info pass.

[woainilin]

It never ceases to amaze me how incompetent the USCIS is in processing AOS. It appears more cases than not get screwed up. Take Mick's multiple trips to get Li's green card straightened out, Our own case they put my wife's name wrong on the NOA we have been waiting 60 days for them to send us a new letter. Wrong addresses, typos, lost paperwork, and a multitude of other errors makes one think they must spend more time fixing shit than processing cases. Toni you seem to have proof that all of your documents were filed correctly. I am in agreement that the info pass is the best recourse for now. As Lee stated be ready to fire off the appeal the same day though. You may want to consider a mandamus action if you don't get satisfaction at the info pass.

 

 

After returning from our unsuccessful trip to Immigration today, I immediately called USCIS to talk to a person. I was torn between sending in the appeal now or after the infopass. Our Info pass somehow got moved from 1/4 to 1/8 now (my own mistake I didn't print out the 1/4 date and now it keeps coming up as 1/8). Anyway, after holding for 1.25 hours I finally got a lady on the phone who was at least willing to look into some things. Apparently when I moved to NY, they updated the address but did not put in the request to transfer my file from CA to NY. California field office somehow didn't have the updated address which is why they kept sending notices to my old address and processed my file without knowing I moved.

 

I found out something interesting. You know how many people have stated that they have a scheduled interview and then it gets cancelled but they go anyway? There is some system problem where if they schedule you for an interview and then later update your information with anything at all it generates this cancellation and guess what USCIS does .......they ignore it !!!!!!!!!!!!!!!!!!!! JEEEZZZZZZZZZZZZZZZZZ Anyway, she suggested that when I come in for the infopass and bring all my documents showing that the interview was cancelled that the immigration officer should be able to reopen my case and have it transfered to NY. She said to bring the request to reopen incase they cannot resolve it but that I can file that document in the New York office. She also said at the very least, if the immigration officer looks it up and verifies that they interview was cancelled and then I was denied because I didn't go, then I will not be required to pay the $385.00 fee again. (original fee was 395.00).

 

I have documentation showing everything so I think it sounds like good advice. So that is the plan for now.

[LeeFisher3]

Great news Toni

[jemmyell]

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.

 

Toni, Lee has MUCH more experience than I do. IF the InfoPass on 1/04/07 does NOT yield results then VERY GOOD legal representation might be in order. BUT as you said a bad lawyer is worse than now lawyer. Since you have the appointment, maybe you can spend the time until then researching possible LOCAL AILA lawyers witha PROVEN track record of fighting deportations.

 

-James

[Rakkasan]

Toni,

 

I am sorry to hear you are having to deal with this crap. I would suggest, as others have, that you follow Lee's advice, especially the part about rewording the letter to be more firm.

 

As much as I am against attorneys, I would love to see a class action suit against USCIS for gross negligence & incompetance, seeking damages for stress, anxiety and most important as in the case of those like Mick and Warpedbored, lost wages. These people are being paid a good wage with medical and pension benefits and seldom are they able to perform their jobs without screwing up. This may be a good agency to outsource.

 

Best of luck to you and Lin

Edited December 28, 2006 by Rakkasan (see edit history)

[SirLancelot]

 

After returning from our unsuccessful trip to Immigration today, I immediately called USCIS to talk to a person. I was torn between sending in the appeal now or after the infopass. Our Info pass somehow got moved from 1/4 to 1/8 now (my own mistake I didn't print out the 1/4 date and now it keeps coming up as 1/8). Anyway, after holding for 1.25 hours I finally got a lady on the phone who was at least willing to look into some things. Apparently when I moved to NY, they updated the address but did not put in the request to transfer my file from CA to NY. California field office somehow didn't have the updated address which is why they kept sending notices to my old address and processed my file without knowing I moved.

 

I found out something interesting. You know how many people have stated that they have a scheduled interview and then it gets cancelled but they go anyway? There is some system problem where if they schedule you for an interview and then later update your information with anything at all it generates this cancellation and guess what USCIS does .......they ignore it !!!!!!!!!!!!!!!!!!!! JEEEZZZZZZZZZZZZZZZZZ Anyway, she suggested that when I come in for the infopass and bring all my documents showing that the interview was cancelled that the immigration officer should be able to reopen my case and have it transfered to NY. She said to bring the request to reopen incase they cannot resolve it but that I can file that document in the New York office. She also said at the very least, if the immigration officer looks it up and verifies that they interview was cancelled and then I was denied because I didn't go, then I will not be required to pay the $385.00 fee again. (original fee was 395.00).

 

I have documentation showing everything so I think it sounds like good advice. So that is the plan for now.

 

Toni, as I read this thread, the predominant emotion it instills in me is outrage--utter outrage. I sincerely hope you'll get this fully resolved at your InfoPass appointment. It is shocking to read about all these problems from USCIS.

 

Best wishes!

[Rakkasan]

Toni, maybe you can convince Lee to attend the info pass meeting in your stead.

 

Sorry, Lee but your responses have been so good that I thought you should go and make the case for her and Lin.

[LeeFisher3]

Toni, maybe you can convince Lee to attend the info pass meeting in your stead.

 

Sorry, Lee but your responses have been so good that I thought you should go and make the case for her and Lin.

Toni will do a much better job than anyone else could ever hope and with a bit of good fortune this thing will turn around fast.

[woainilin]

Toni, maybe you can convince Lee to attend the info pass meeting in your stead.

 

Sorry, Lee but your responses have been so good that I thought you should go and make the case for her and Lin.

Toni will do a much better job than anyone else could ever hope and with a bit of good fortune this thing will turn around fast.

 

 

Thanks for your vote of confidence Lee. I will surely not let them do anything that would make things more complicated for Lin then possible. However, if you want to come ..we sure wouldn't mind

[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

 

 

BTW: They finally set the closing date for the new home. Lin and I will officially become home owners on 1/3/07!!!! We are really looking foward to painting and redecorating ..

[LeeFisher3]

Toni, maybe you can convince Lee to attend the info pass meeting in your stead.

 

Sorry, Lee but your responses have been so good that I thought you should go and make the case for her and Lin.

Toni will do a much better job than anyone else could ever hope and with a bit of good fortune this thing will turn around fast.

 

 

Thanks for your vote of confidence Lee. I will surely not let them do anything that would make things more complicated for Lin then possible. However, if you want to come ..we sure wouldn't mind

Thanks for the invite, but I have one of those bumper stickers that says "I hate New York".

[woainilin]

Toni, maybe you can convince Lee to attend the info pass meeting in your stead.

 

Sorry, Lee but your responses have been so good that I thought you should go and make the case for her and Lin.

Toni will do a much better job than anyone else could ever hope and with a bit of good fortune this thing will turn around fast.

 

 

Thanks for your vote of confidence Lee. I will surely not let them do anything that would make things more complicated for Lin then possible. However, if you want to come ..we sure wouldn't mind

Thanks for the invite, but I have one of those bumper stickers that says "I hate New York".

 

Where did you get it? I need one too

[woainilin]

Congratulations, Toni. Be sure to change your address at the Infopass meeting.

 

 

Thanks Don .. hopefully that won't cause this whole thing to happen AGAIN........