AOS denied... please help!

[grouchy 0]

It should be titled Motion to Reopen. Motion to reconsider is for when they made a mistake in the law they applied.

We had to do an MTR for a different reason and were successful. See my recent threads on britexpats for info on what you must submit in MTR as there are certain statutory requirements. I was eight months pregnant at the time. We also got our congressman involved.

Thanks, guys, for all the advice. I've finally calmed down a bit and we had already decided on the plan of action for today. Unfortunately, I HAVE to go to work today (can't afford to lose my job with hubby not able to work anymore), but Johnny is going to march down to the doctor's office and demand they make it right. He is also going to try to get them to write something that admits that they screwed up. (good luck, right?) And then he is going down to USCIS with a letter I typed up titled "Motion to reconsider" that states exactly what happened, and give them the new correct documents. He is going to TRY to talk to someone (you know how they are down there) and ask them what we need to do to make it right. We figured if all else fails then, I am calling a friend of mine who works for an immigration attorney and asking advice... I'm calling my congressman, and if nothing else works we are going to contact the media. The local stations here have great sections on the news called things like "you paid for" and stuff like that. I'm willing to go as far as I have to go to get someone to notice this case and get it fixed. Especially since we've done EVERYTHING right and legal and here a USCIS approved doctor screws it up for us. BTW, we got the doctor's name directly from our interviewing officer, she gave us a list of the "approved" ones.

I hate to play that "i'm pregnant (whine) " card... but if I have to I will. It won't hurt that I'm very obviously pregnant when it comes to getting people to at least feel sorry for us.

I'm going to try to keep this on the first page so that if anyone else knows anything they can see it. Plus, hopefully people will read this and at least be wary of the "approved" doctors that USCIS sends them to. If I've learned anything at all in the last 24 hours, it's this: DEMAND to see the paperwork before they seal it up.

I've cut and pasted my discussion from a week or two ago here. By the way you can bet when we submitted my MTR that I mentioned SEVERAL TIMES about me being pregnant:

Since I got so much help in my own reopen [thanks esp Rete and Mr F], I decided to try to find the link for you to the CFR section (8 CFR 103.5), and I checked, the fee is now $385. Ignore what they say about the using the form, because it used to exist and does not anymore:

http://ecfr.gpoaccess.gov/cgi/t/tex....6.0.1.5&idno=8

You will call it a motion to reopen, not a motion to reconsider. The motion can be in letter form. As you will see from the CFR section, the requirements for the reopen letter areA) In writing and signed by the affected party or the attorney or representative of record, if any; (B) accompanied by the fee, © Accompanied by a statement about whether or not the validity of the unfavorable decision has been or is the subject of any judicial proceeding and, if so, the court, nature, date, and status or result of the proceeding; [i.e., that is has not been the subject of any judicial proceeding in your case] (D) Addressed to the official having jurisdiction; [the one who signed the denial letter] and (E) Submitted to the office maintaining the record upon which the unfavorable decision was made for forwarding to the official having jurisdiction. [bUT I caution you again, mail to Chicago Lockbox and once they cash the check, they will forward it to the office. Address it to the office who issued the decision, c/o Chicago Lockbox. at the Chicago Lockbox address]

Along with your letter outlining why your case should be reopen, submit a notarized affidavit describing what happened. To be successful, you must prove that there are new facts to be provided in the reopened proceeding and that claim must be supported by affidavits or other documentary evidence. A motion to reopen an application or petition denied due to abandonment must be filed with evidence that the decision was in error because:

(i) The requested evidence was not material to the issue of eligibility;

(ii) The required initial evidence was submitted with the application or petition, or the request for initial evidence or additional information or appearance was complied with during the allotted period; or

(iii) The request for additional information or appearance was sent to an address other than that on the application, petition, or notice of representation, or that the applicant or petitioner advised the Service, in writing, of a change of address or change of representation subsequent to filing and before the Service's request was sent, and the request did not go to the new address.

Good luck.

[faith 0]

well, they told us we have to make an infopass appointment. so i got online and actually we could have had one later this afternoon, but we need to get the kids from school today as I can not justify paying a babysitter when I'm not sure when my husband is going to be able to wrok again. So I made an appointment to speak to an immigration officer on Monday morning. I also have a call in to a local immigration attorney who is supposed to call me back later today to speak with me about this issue. So maybe it's best to speak to him before our monday appointment so that we can try to get this taken care the right way.

And like I said, if we are going to have to pay that big of a fee, then we will definitely be suing the doctor's office who screwed up to recoup that money.. hence the call in to the lawyer.

I'm not messing around here. Just because I want my husband with me and my family complete, I will not be taken advantage of.

[Peggy 1]

Sorry to hear what happened Faith.

I am just wondering if they were asking for the medical like there were for the other couple that just got denied. Maybe its the medical they were looking for and not just the supplement form. Just sounds so familiar to her story. I believe there is another couple on here that thought they only had to send in the supplement but they had to do the medical over again. They received an RFE for sending the supplement form, then sent in the medical and were approved. Not saying this is the case, but something maybe you might want to look into. I hope you get this solved fast. Try and relax for you and the baby. I know it must be hard to, casue I would be freakin myself. HUGS

[luv2teach77 41]

Faith,

My PM's don't appear to be working for some reason. I hit send and it says its sent but when i check the sent items there is nothing there.

So... below is the message I just tried to send you

Hey, I didn't get a PM from you with that info..... just thought I'd ask because you posted that you had just PMed it....

No idea what happened to the original one then. Here's the details again of Mary Ballard, the USCIS liason in Congressman Shinkus's office.

Mary Ballard, District Aide

Office of Congressman John Shimkus

3130 Chatham Road, Ste. C

Springfield, IL 62704

217-492-5090

217-492-5096 fax

Mary.ballard@mail.house.gov

She was a real help to me with my EAD and as you live so close, I'm sure she'd be able to give you some help or advice on this situation. If you like you say that Mark Glazerman gave you her details. I'd suggest trying to call and if thats no luck, email her with all the datils of your case.

Hope she can be of some help and good luck with everything.

Mark

[faith 0]

mark,

it came through the last time you sent it... weird.

thanks!!

[pax 0]

Faith, I have no advice to offer, but I admire your assertive approach and willingness to persist. Best of luck to you next week.

[faith 0]

thanks

right now we are at a standstill today. We have the infopass appointment on Monday, I've talked to one of my congressman's office and she has already received our letter requesting help and is working on it, and if we need to on Monday we can go in to the lawyer and talk to him as well.

As hard as it is, I think we're going to try to forget about this for the weekend. It's our anniversary, and we had booked a room at the Lodge at Pere Marquette State Park (it's so pretty up there and it's also eagle watching time of year) and that's already paid for, so we are going to go and try to enjoy our first anniversary. Other than that we are trying to make things as normal as possible for my children at this point, and I'm trying to remain calm so as not to hurt the baby...

I'll still be checking in here for any more advice... and we'll be working on Sunday to prepare documentation and get things ready to speak to the immigration officer on Monday.

[Yaads 0]

Faith

So sorry to hear about this huge mistake by the doctor. It just isn't fair how it effects you and you family.

I pray that you can get it resolved quickly.

Have a wonderful weekend anniversary

[cooltureshak 0]

Hi, Faith. I'm really sorry to hear that news... I also don't have any advice to offer, but, I feel for you. I'll be praying for you, and I also pray that the same thing wouldn't happen to me, as I just sent them the RFEs they requested for my entire medical exam, plus immunization supplement.

My husband picked up the sealed envelope for me and when he went back, he has with him photocopies of what was inside the envelope EXCEPT for the I-693 which is the FOrm for the MEdical Exam!!! It was too late to do anything coz the package was already brought to the Post Office. I called up the DOctor's Office and they insisted that the forms were complete. They refused to let me speak with the doctor.

SO, now, there's nothing left for me to do but WAIT... I can't relax till I get the letter from the USCIS, hoping it will be an APPROVAL. Knowing people have been denied for their Medical RFEs is so upsetting, especially when it was, obviously, the doctor's fault...

Take care of yourself and the baby...

[xtin 0]

Hi Faith,

im sorry to hear about your ordeal. i just had my medical exam for my RFE. The doctor was extremely nice to us. When my husband picked up the sealed envelop, the doctor talk to him on his office & he also gave us a copy of everything that's on the sealed envelop. He also ask my husband to check our copy & if the details(like names & SSn ) on the papers where correct. but the USCIS received my RFE packet 2 days late where suppose to be my last submission. so im hoping i won't be denied & i hope your case will be reopen or maybe you can re apply.

good luck!!!!

xtin

[chocolaterie 0]

this is absurd. Whenever I think the limit can not be breached, it is! Have a great anniversary! keep us posted, you know vjers are on your side!

[meauxna 15]

My PM's don't appear to be working for some reason. I hit send and it says its sent but when i check the sent items there is nothing there.

Mark, fyi about the PMs: right now you have to tick the box to save a message to your sent folder for *each* PM.. no more global 'save' as before (beg the Cap'n!).

They get sent alright, but don't show in your Sent folder unless you checked that box.

[faith 0]

we got copies this time from the doctor yesterday. So at least we know this new batch is done right.

About now, I'm ready to go in there on monday and file whatever in the hell we need to file to get my hubby's status fixed and EAD reinstated. So, if I have to pay some fee, I'll pay it, but we will surely be going after the doctor for the cost, that's for sure.

I just want this all to be over.....

[gatoradenz 0]

I'm so sorry this happened to you both... good luck with everything.

[allynella 0]

I have you and your family in my prayers. I am confident that Monday will bring a little peace of mind to you both.