Jump to content

Recommended Posts

I would suggest that 'the big appeal' is not necessary.

 

Instead - call USCIS again, get a human, explain there is no record of your biometrics results in their computer, and to pull up receipt # so and so.

 

If they can't figure it out that way, then make an infopass appointment, show up with your originals and a set of copies - show them the originals, give them the copies, and tell them 'you denied me because you couldn't find my paperwork in your computer? come on - reverse it' .

The first person you talk to won't have the power to reverse the denial, but keep asking the the boss, explain the situation, make sure they have 'god' power at that office - so keep 'asking up the food chain' until you get 'the boss'.

Try the infopass appointment, but don't count on anything since CSC made the decision another office usually can not overturn it, but the could make a phone call.

 

Remember you have 33 days from the mailing date of the denial to make your appeal.

 

I'd suggest option "F" I am filing a motion to reopen and a motion to reconsider a decision. My brief and/or additional evidence is attached.

 

Write a formal letter stating that the USCIS made their decision to deny based on invalid information.

 

Request that they immediately reopen and reconsider the case which was denied based on the petitioner not submitting biometrics. The evidence (I-797) shows the petitioner submitted biometrics on the date requested and case should be reopened, reconsidered and subsequently approved as this was the only reason provided for denial.

 

Request that the case receive expedited processing due delay caused by the USCIS due to this administrative error.

 

Keep it very formal and don't get personal, you are submitting facts they missed and want them to get the case rolling again. Getting personal might make you feel good, but gives them a reason to set the appeal aside and ignore you.

 

Make multiple copies of your filing.

 

Get this shipped off express mail as soon as possible and don't forget the non-refundable $585. :)

 

Then get with your congressman to see if they will champion your case due to the screw up.

 

The appeal process does take some time, but since they now initially go to the office that denied the case I can only imagine it goes faster than the old way of sending it to Chicago.

 

If you are lucky, it will not only get approved and moving, but put in the fast lane for GZ.

 

 

Keep it business like and don't get personal. State only facts.

Link to comment

You're on the right track with and appeal and I wish you luck. The only circumstance I've heard of where petitioners are asked for biometrics is when they have a conviction related to the Adam Walsh Act. If that's your situation, you're going to have a very tough road ahead regardless. An exerienced attorney may be able to help you.

Link to comment

Yeah....but unfortunately for me I don't have the money for an attorney. :huh:

Link to comment

Please sign in to comment

You will be able to leave a comment after signing in



Sign In Now
×
×
  • Create New...