I-130 DENIED WRONGFULLY

[immish 1]

So, I have always been a guest here lurking around and learning a lot of things. I learned so much that I was able to gather all the documents(yay me!) and filed for my father. Well, about a month and half later I get an RFE that the birth certificate I submitted with my father's name on it was issued long after I was born, certificate was issued a year later, this birth certificate was easily verifiable but hey, it is the government, they always find a way to mess things up.

 

I had a long list of things that I could send to replace my "old" birth cert. I looked at all of them and went with the easiest of the things. Sworn affidavits from 2 people who knew about my birth. Although this was the easiest of the things but it was not that easy for me to get because I have no family here. Well long story short, I got everything(2 affidavits) together and mailed it off with the envelope they asked me to use and I also made sure I mailed it to the right address. I am good with addresses because I used to work at a ship and pack place.

 

My mail delivered on the 21st of November(yay me!). So, I waited and waited like y'all always advice on this forum. Nothing changed online with my case all these while, only said case was received. Didn't mention that an RFE was sent to me, also didn't mention that my evidence was received. I thought it was a glitch like I had read about a couple of times on this great forum. Well I became uneasy by December 29th. Lets just say i always feel funny when bad things are about to happen, So I placed a call to the 800 number. Although, I didn't think they would be useful but I made that call any. I explained to the lady on the phone that I wasn't feeling good about my case not updating and not knowing if they got my evidence or not. She said not to worry that they most likely got it that is has only been about 40 days and I needed to wait 60 days! I specifically told her that i could be denied before 60 days, she somewhat laughed about it and said that wont happen. That was that, until the 9th when i decided to check my case and behold, it was updated to denied. I knew 100% the cause of the denial. So I called the useless 800 number again, this time another lady, she assured me that it was prolly something else. I told her it wasn't, she said I didn't know for sure that I should wait for the mail.

 

Today, I got that mail and it said something about them giving me 87 days to respond bla bla bla and since I failed to respond, my case was denied and treated as abandoned! Say what? I have a tracking number that shows my mail delivered on the 21st of November. Well, the denial notice said something about filing to reopen my case, when I saw that I was like bingo!!! All it would cost is maybe $7 to ship a letter explaining that I never abandoned my case and then my case is then approved but to my surprise, I HAVE TO PAY ALMOST $650 TO FILE TO REOPEN MY CASE. Someone please tell me there is a way around this RIDICULOUS FEE! I did everything I was supposed to do, the post office even did their own part of the job by making sure my mail got delivered! Why do I have to lace the government's already large wallet with MY $650? I don't have $650 just laying around you know, I am struggling to understand this system! Someone please make my night and tell me I don't have to pay $650 since this was no fault of mine

Edited January 13, 2017 by immish

[Transborderwife 4,666]

Well firstly, uscis wallet isn't that large.  They're self funded by our fees.  Second, what was the denial for? 

[immish 1]

23 minutes ago, Transborderwife said:

Well firstly, uscis wallet isn't that large.  They're self funded by our fees.  Second, what was the denial for? 

 

Denial was for abandonment. I never abandoned my case. I sent the affidavits they requested and it delivered about 45 days ago

[Ash.1101 1,755]

There have been cases of cases being lost and people paying to file again. It's a known thing, it's rare, but it's known that if it happens you'll have to pay the fee again. Even if you have a tracking number and a signature showing that -someone- in the building received it, they figure since the person adjudicating didn't get it, then it never happened.

Also, while waiting is normally the strategy, it's the normal strategy when your case is going normal. Not having an RFE notice OR notice they received your response is abnormal and you def should have been calling on that.

Edited January 13, 2017 by Ash.1101

[immish 1]

4 minutes ago, Ash.1101 said:

There have been cases of cases being lost and people paying to file again. It's a known thing, it's rare, but it's known that if it happens you'll have to pay the fee again. Even if you have a tracking number and a signature showing that -someone- in the building received it, they figure since the person adjudicating didn't get it, then it never happened.

Also, while waiting is normally the strategy, it's the normal strategy when your case is going normal. Not having an RFE notice OR notice they received your response is abnormal and you def should have been calling on that.

 

 

But I also called and was told to wait 60 days! $650 is a lot of money to just ask people to pay

[Ontarkie 13,902]

If you have conformation that they received it then call them up and speak to a tier 2 or make an appointment and go in to show them your proof that they received it. I would try that before starting over. 

[Ash.1101 1,755]

6 minutes ago, Ontarkie said:

If you have conformation that they received it then call them up and speak to a tier 2 or make an appointment and go in to show them your proof that they received it. I would try that before starting over. 

Yeah, honestly I'd just do an infopass. It may be easier to stand in front of someone holding a confirmation notice then try to convince someone on the phone that they received something.

And honestly, this isn't even limited to the government. My sister sent back an ATT modem, in which they received it, confirmation signature and everything. Apparently it wasn't scanned in at the warehouse therefore they wouldn't accept responsibility that they lost it on their end after receiving it. It took her six months to finally make them accept they had it, even with sending the proof multiple times. 

[immish 1]

29 minutes ago, Ontarkie said:

If you have conformation that they received it then call them up and speak to a tier 2 or make an appointment and go in to show them your proof that they received it. I would try that before starting over. 

 

 

I checked on the infopass website, Have to wait 2 weeks out to make an appointment. Does anyone know if I can do a walk-in and hopefully get lucky to speak to someone?

[Pinkrlion 2,607]

You can file a motion to reopen the file, and provide proof of documents received.

[POA 175]

16 hours ago, immish said:

 

Denial was for abandonment. I never abandoned my case. I sent the affidavits they requested and it delivered about 45 days ago

 

My case was denied too due to abandonment and we fought for it. We proved it that it was their fault and they re-opened our case for free and refund the second petition that we filed because of their wrongful denial. If you believe and can prove that they wrongfully denied you, you can contact the ombudsman for review. THEY ARE VERY HELPFUL. USCIS on the other hand will try their best to not help you. During our dealings with them, they even told the ombudsman the opposite of what they told us just to show that it was our fault when it was theirs. It would be a long and stressful fight but victory is worth it.

[immish 1]

43 minutes ago, POA said:

 

My case was denied too due to abandonment and we fought for it. We proved it that it was their fault and they re-opened our case for free and refund the second petition that we filed because of their wrongful denial. If you believe and can prove that they wrongfully denied you, you can contact the ombudsman for review. THEY ARE VERY HELPFUL. USCIS on the other hand will try their best to not help you. During our dealings with them, they even told the ombudsman the opposite of what they told us just to show that it was our fault when it was theirs. It would be a long and stressful fight but victory is worth it.

 

 

Please can you point me in the right direction? How do I start? I have called the useless USCIS 800 number and they said they have put in a request and would contact me back in 5 days. I do not believe anything they say. They have proven to be useless in the past. You can message me privately if you do not wish to discuss this publicly

[immish 1]

1 hour ago, Pinkrlion said:

You can file a motion to reopen the file, and provide proof of documents received.

But filing that motion means paying $695! I refuse to pay a fee for doing nothing wrong

[POA 175]

14 minutes ago, immish said:

 

 

Please can you point me in the right direction? How do I start? I have called the useless USCIS 800 number and they said they have put in a request and would contact me back in 5 days. I do not believe anything they say. They have proven to be useless in the past. You can message me privately if you do not wish to discuss this publicly

I agree! I don't want to generalized but I have never had a good experience with USCIS customer service or from the headquarters who handled our case. They also just told me the would call back within 3-5 business days and they have not. 

 

Submit a request here https://www.dhs.gov/case-assistance. Once ombudsman received your case they will review it and will communicate with USCIS directly. They will be on your side. At least that's what I felt since a few weeks after the denial, they were able to have my case re-opened for free and USCIS admitted that it was a quick fix. Also, ALWAYS save the agent id of the person you talk to with TIER 2, this is one of the proof we had, the agent id and the approximate time and date of our calls to them. 

 

Good luck! USCIS will not make it easy so be prepared. They almost called us a liar telling the Ombudsman they told us to send the documents but we didn't follow when they told us the they already have the documents and no need to send. Good thing they left a voicemail that was recorded of what they told us.

[Sukie 1,439]

I know you are angry and frustrated - and you have good reason to be.  Work through the Ombudsman, and put together as air-tight a package as you can.  Be ready to provide all the info you have provided here in a detailed timeline.  I believe you will prevail.  Good luck!

 

Sukie in NY

[David & Diana R 1,005]

23 hours ago, immish said:

So, I have always been a guest here lurking around and learning a lot of things. I learned so much that I was able to gather all the documents(yay me!) and filed for my father. Well, about a month and half later I get an RFE that the birth certificate I submitted with my father's name on it was issued long after I was born, certificate was issued a year later, this birth certificate was easily verifiable but hey, it is the government, they always find a way to mess things up.

 

I had a long list of things that I could send to replace my "old" birth cert. I looked at all of them and went with the easiest of the things. Sworn affidavits from 2 people who knew about my birth. Although this was the easiest of the things but it was not that easy for me to get because I have no family here. Well long story short, I got everything(2 affidavits) together and mailed it off with the envelope they asked me to use and I also made sure I mailed it to the right address. I am good with addresses because I used to work at a ship and pack place.

 

My mail delivered on the 21st of November(yay me!). So, I waited and waited like y'all always advice on this forum. Nothing changed online with my case all these while, only said case was received. Didn't mention that an RFE was sent to me, also didn't mention that my evidence was received. I thought it was a glitch like I had read about a couple of times on this great forum. Well I became uneasy by December 29th. Lets just say i always feel funny when bad things are about to happen, So I placed a call to the 800 number. Although, I didn't think they would be useful but I made that call any. I explained to the lady on the phone that I wasn't feeling good about my case not updating and not knowing if they got my evidence or not. She said not to worry that they most likely got it that is has only been about 40 days and I needed to wait 60 days! I specifically told her that i could be denied before 60 days, she somewhat laughed about it and said that wont happen. That was that, until the 9th when i decided to check my case and behold, it was updated to denied. I knew 100% the cause of the denial. So I called the useless 800 number again, this time another lady, she assured me that it was prolly something else. I told her it wasn't, she said I didn't know for sure that I should wait for the mail.

 

Today, I got that mail and it said something about them giving me 87 days to respond bla bla bla and since I failed to respond, my case was denied and treated as abandoned! Say what? I have a tracking number that shows my mail delivered on the 21st of November. Well, the denial notice said something about filing to reopen my case, when I saw that I was like bingo!!! All it would cost is maybe $7 to ship a letter explaining that I never abandoned my case and then my case is then approved but to my surprise, I HAVE TO PAY ALMOST $650 TO FILE TO REOPEN MY CASE. Someone please tell me there is a way around this RIDICULOUS FEE! I did everything I was supposed to do, the post office even did their own part of the job by making sure my mail got delivered! Why do I have to lace the government's already large wallet with MY $650? I don't have $650 just laying around you know, I am struggling to understand this system! Someone please make my night and tell me I don't have to pay $650 since this was no fault of mine

Sometimes you gotta put yourself in the CO's shoes.  The fact that you have a signed delivery receipt proves nothing.  The person signing might have gotten an empty envelope.  What I mean is having someone's signature on something doesn't prove anything other than an envelope was received.  The papers might have been lost in the shuffle.  There are many possibilities.  My advice...just surrender and continue with the process.  Get over the anger.  Get a second job like I did so I could afford the immigration process.  I'm sorry this happened to you but you should just move forward.  Good luck