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Drake Vill

I-751 Denied. "not deliverable as addressed, unable to forward". Now filing I-290B

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Can the USCIS or USPS be held liable for the i-290B fee incurred due to the "not deliverable as addressed, unable to forward" reason?

We filed to USCIS i-751 on Mar 2014, we received receipt on Apr 2014. On August 2014, we received biometric appointment and completed. We did not receive anything after that. We constantly called but was told to just wait and no information of any letter since the biometric. It was not until we keep on calling back around Feb 2015 and were able to speak with a USCIS rep who filed a case status update. neither these times were we told of any letter was sent. On Mar 3, 2015, an email came stating under review. And on Mar 16, 2015, received a notice of decision as denied due to reason of abandonment since USCIS supposedly issued a request for evidence on Oct 21, 2014 with which the letter was returned as "not deliverable as addressed, unable to forward" by USPS and we did not supply the requested evidences which is normally due that we did not receive it in the first place. This is exasperating to me since the address is in fact deliverable and valid. Same address as previous notices. We have not moved nor changed address. Neither were we told or notified when we called (several times) that a letter was supposedly sent nor does the USCIS website for case status check.

Due to this, we have to file a Form i-290B with fee of $630.00 which we are filing regardless.

But my questions are:

1. Can I request from USCIS a copy of the supposed returned request of evidence letter issued on Oct 21, 2014 with the USPS reason?

2. Can the USCIS be held liable for the fee if it is determined that the address was incorrect at their fault OR USPS be held liable if it is determined that it was not delivered at their fault?

3. If none of the above I can do, Is there anything I can do at all?

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I'd involve your congressman or senator's immigration aide to fix this for you. Heck, I'd even do a walk-in to their local office with the signed release forms and copies of everything you ever received upon filing I-751.

You can use prior notices received as proof the mail is coming, but I'd also question if RFE was indeed sent out to you (proof of mailing?). Then ask for reopening of the case without having to file the I-290b.

Immigration aide's have direct line and email access to USCIS and USCIS has special units dealing with congressional inquiries alone.

Good luck and hope you sort this out soon.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Can the USCIS or USPS be held liable for the i-290B fee incurred due to the "not deliverable as addressed, unable to forward" reason?

We filed to USCIS i-751 on Mar 2014, we received receipt on Apr 2014. On August 2014, we received biometric appointment and completed. We did not receive anything after that. We constantly called but was told to just wait and no information of any letter since the biometric. It was not until we keep on calling back around Feb 2015 and were able to speak with a USCIS rep who filed a case status update. neither these times were we told of any letter was sent. On Mar 3, 2015, an email came stating under review. And on Mar 16, 2015, received a notice of decision as denied due to reason of abandonment since USCIS supposedly issued a request for evidence on Oct 21, 2014 with which the letter was returned as "not deliverable as addressed, unable to forward" by USPS and we did not supply the requested evidences which is normally due that we did not receive it in the first place. This is exasperating to me since the address is in fact deliverable and valid. Same address as previous notices. We have not moved nor changed address. Neither were we told or notified when we called (several times) that a letter was supposedly sent nor does the USCIS website for case status check.

Due to this, we have to file a Form i-290B with fee of $630.00 which we are filing regardless.

But my questions are:

1. Can I request from USCIS a copy of the supposed returned request of evidence letter issued on Oct 21, 2014 with the USPS reason?

2. Can the USCIS be held liable for the fee if it is determined that the address was incorrect at their fault OR USPS be held liable if it is determined that it was not delivered at their fault?

3. If none of the above I can do, Is there anything I can do at all?

I'm an attorney, and I'd be happy to take your case. All I need is a $2,500 retainer deposit, and I *might* be able to get you *some* of your $630 back in 9 or 10 months, or longer. :) lol

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