Denied case....follow up!!!!!

[maryces21 0]

Hey Guys:

Today I received the letter from USCIS, in the letter they said that was denied for failure to appear for biometrics. I do have areceipt stamped that proof that i showed up in 03/26/08 for my biometrics. Now they want me to file a motion to reopen my case paying $585.00 to do something I did already. Has anyone hear anything like this. I will make an appoinment to go to my local office this week to see what they say, but I do not think is fair we will have to pay extra $585.00 for do my biometrics again if was their mistake. The good news is that this may be fixable. Any advices will be appreciate them.

[Dakine 26]

Hey Guys:

Today I received the letter from USCIS, in the letter they said that was denied for failure to appear for biometrics. I do have areceipt stamped that proof that i showed up in 03/26/08 for my biometrics. Now they want me to file a motion to reopen my case paying $585.00 to do something I did already. Has anyone hear anything like this. I will make an appoinment to go to my local office this week to see what they say, but I do not think is fair we will have to pay extra $585.00 for do my biometrics again if was their mistake. The good news is that this may be fixable. Any advices will be appreciate them.

Sounds like it's something your senator can correct if you don't have any luck with your local office.

Do they want you to file a I-290B Notice of appeal?.

[Kathryn41 3,205]

Definitely make the infopass appointment, bring along the denial letter and the receipted Biometrics letter and have them re-open your file without you paying again. You have proof that the reason for denial is bogus - it doesn't exist - so the file should not be closed, thus it should be treated as if it never were closed to begin with.

Also contact your Senator's office, fill in their authorization form and advise them of what has happened and what you are planning on doing. Provide them with copies of the biometrics letter and the denial letter. Ask them to investigate.

One way or another you should be able to get your case re-opened without having to pay again. Good luck.

[maryces21 0]

Hey Guys:

Today I received the letter from USCIS, in the letter they said that was denied for failure to appear for biometrics. I do have areceipt stamped that proof that i showed up in 03/26/08 for my biometrics. Now they want me to file a motion to reopen my case paying $585.00 to do something I did already. Has anyone hear anything like this. I will make an appoinment to go to my local office this week to see what they say, but I do not think is fair we will have to pay extra $585.00 for do my biometrics again if was their mistake. The good news is that this may be fixable. Any advices will be appreciate them.

yES THEY WANT ME TO FILE i290B MOTION TO REOPEN AND PAY $585.00

[jasminelily 1]

Hey Guys:

Today I received the letter from USCIS, in the letter they said that was denied for failure to appear for biometrics. I do have areceipt stamped that proof that i showed up in 03/26/08 for my biometrics. Now they want me to file a motion to reopen my case paying $585.00 to do something I did already. Has anyone hear anything like this. I will make an appoinment to go to my local office this week to see what they say, but I do not think is fair we will have to pay extra $585.00 for do my biometrics again if was their mistake. The good news is that this may be fixable. Any advices will be appreciate them.

yES THEY WANT ME TO FILE i290B MOTION TO REOPEN AND PAY $585.00

Ok. USCIS is absurd. I'm in huge shock and disbelief. They're asking you to pay $585.00 to correct their own mistake? HELL NO!!! (forgive my language) It defied common sense. It is totally unfair. I would ask them to pay you back $585.00 instead you paying them because they caused you all these troubles and a long delayed 10 year GC which you're totally entitled to.

Now I agree with Kathryn41, you can make an infopass and contact senator. One way or another you can get it to re-open without having to pay that rediculous $585.00. Definitely DO NOT pay it. Worst case scenario, get to the media and uncover this stink to the public. If USCIS has a slightest sense of self-respect, then the IO at the infopass would take your biometrics again right there or give you a letter of new schedule biometrics appointment for the same day or next day right there to straigt out the situation. If they ask to keep your original stamped biometrics letter at the info pass, DO NOT give it to them, that is your only proof, you can pre-make a copy before you go there and give them the copy.

By the way, did you walk in your biometrics or went there on scheduled date? They can ask you to go to do the biometrics again, that I agree but no way you have to pay that outrageous fee. Have you been checking online status? Do you notice an update after you did the biometrics? I really don't get thess parts: (1) Where did they get the ground of denial? They have no ground of denial, like Kathryn41 said, their ground of denial doesn't exist. (2) You have 30 days to appear for biometrics even if you missed the scheduled date, then after that 30 days, if they want to deny your case, they have to do it right away, WHY did they hold on so long before they deny you?

Also, I forgot if you've applied on joint basis or waiver basis. If you've applied on joint basis, then all your documents or correspondence from now on is better to be submitted by you and your USC spouse.

Just did a little quick research, from what I'm understanding, the form they mentioned I-290B is called "Notice of Appeal or Motion". I think (can't be sure) you should be filing appeal and on Part 2, you should check option A. On Part 3. Basis for the Appeal or Motion: Provide a statment explaining any erroneous conclusion of law or fact in the decision being appealed, the erroneous fact is that they said you didn't show up for biometrics but you did and you have proof.

One more thing to consider, what is the date on the letter that you're holding? and what is the date that they stated that they've denied your case? What's the stamped date on the envelope? and what's the date that it arrived at your mail box? I remembered that you've never received the first letter. I'm reading the instructions http://www.uscis.gov/files/form/I-290Binstr.pdf . Quote the latter part of the second paragraph: If the appeal relates to a revocation of an immigrant petition approval, the appeal must be filed within 15 calendar days after service of the decision, 18 days if the decision was mailed. The date of service is normally the date of the decision. Which I think it's totally rubbish because according to that paragraph, you're rid of your chance to file the appeal already, due to (1) you never received your first letter (2) How long did it take for you to receive the letter from when they mail the second time?

My conclusion: This is total grey area of the law which means totally arguable. Like I said, better fix it with info pass in one shot, if that's not successful, definitely contact senator. I think you've already past the time period that you can still file the appeal, which was again screwed up by USCIS and USPS of course.

[walls1010 3]

Hey Guys:

Today I received the letter from USCIS, in the letter they said that was denied for failure to appear for biometrics. I do have areceipt stamped that proof that i showed up in 03/26/08 for my biometrics. Now they want me to file a motion to reopen my case paying $585.00 to do something I did already. Has anyone hear anything like this. I will make an appoinment to go to my local office this week to see what they say, but I do not think is fair we will have to pay extra $585.00 for do my biometrics again if was their mistake. The good news is that this may be fixable. Any advices will be appreciate them.

yES THEY WANT ME TO FILE i290B MOTION TO REOPEN AND PAY $585.00

Like Kathryn41 said, make an infopass appointment to show your stamped biometric reciept to them and that denied letter. It's unfair on your side to be denied because of their own mistake or the biometric center did not forward your record to them. I'm sure they will reconsider to open your case without paying $$$ after showing your stamped biometric appointment/reciept on a date you were scheduled as a proof that you did not abandone your case. After your infopass appointment and in case they still insist (hope they won't) that you will file and pay motion to reopen then that's the time to ask help from your senator or congressman.

[immexperience 0]

Unbelieveable maryces just crazy ...

I'm shocked no comment...........................

[walls1010 3]

I agree also to the idea of jasminelily to involve the media about your case if they still insist you to file and pay. Sometimes, need to expose about their mistakes to the public, too.

[-B&T- 1]

$585.00?That's a lot of money!I agree with everybody here don't spend any cent with them ask help from your senator or congressman.Good luck to you and hopefully you will get through this difficult time.

[maryces21 0]

The letter was made on March 16/2009 and said that i have until April 18/2009 to file a motion to re open my case. I already makea infopass appoiment to go on tuesday 03/24/09 and I already contacted my senator I am waiting for them to call me back but I think I will call them tomorrow. Let's see what they say in my infopass appoiment but i have to move quickly because. Every letter we had sent to senator and USCIS had been signed by me and my husband.

The way that the situation it is right now we will have to stop making some payments in the house to fix this mistake. God please !!!!!! I can't believe this!!!!!!! Thanks USCIS

[botipapa 0]

$585.00?That's a lot of money!

No kidding!

And don't even mention that "LITTLE" inconvenience

that the MTR (motion to reopen) takes about a year....

I'm sure you will get this sorted out on your tuesday INFOPASS.

GOOD LUCK!!!

[Bobby+Umit 161]

The letter was made on March 16/2009 and said that i have until April 18/2009 to file a motion to re open my case. I already makea infopass appoiment to go on tuesday 03/24/09 and I already contacted my senator I am waiting for them to call me back but I think I will call them tomorrow. Let's see what they say in my infopass appoiment but i have to move quickly because. Every letter we had sent to senator and USCIS had been signed by me and my husband.

The way that the situation it is right now we will have to stop making some payments in the house to fix this mistake. God please !!!!!! I can't believe this!!!!!!! Thanks USCIS

I wouldn't be wasting time with a senator, I would be talking to a lawyer.

If you can prove that USCIS is at fault (and from what you have/said, you can), then you are not responsible for paying a second time.

You will probably find it's a simple mistake. This happens sometimes when people cancel/make new appointments. There computer is not updated with this info, the people go do their new appointment, but it gets flagged they didn't show up for the original one...

They really need to upgrade that system

hang in there, this case seems easy to correct, since you have the proof.

[maryces21 0]

The letter was made on March 16/2009 and said that i have until April 18/2009 to file a motion to re open my case. I already makea infopass appoiment to go on tuesday 03/24/09 and I already contacted my senator I am waiting for them to call me back but I think I will call them tomorrow. Let's see what they say in my infopass appoiment but i have to move quickly because. Every letter we had sent to senator and USCIS had been signed by me and my husband.

The way that the situation it is right now we will have to stop making some payments in the house to fix this mistake. God please !!!!!! I can't believe this!!!!!!! Thanks USCIS

I wouldn't be wasting time with a senator, I would be talking to a lawyer.

If you can prove that USCIS is at fault (and from what you have/said, you can), then you are not responsible for paying a second time.

You will probably find it's a simple mistake. This happens sometimes when people cancel/make new appointments. There computer is not updated with this info, the people go do their new appointment, but it gets flagged they didn't show up for the original one...

They really need to upgrade that system

hang in there, this case seems easy to correct, since you have the proof.

The thing is that I did not cancel my appoinment I went the day, time and location they said. I follow every single thing they told me to do.

[Kathryn41 3,205]

The infopass appointment is the right first step to take. Hopefully that will also be the only step you need to take and they will realize their error. You can also go to your Senator's website and print off from there an authorization form. They will need a signed authorization form from you in order to do the follow up on your case. Fill out the form and send it back to them either by mail or by fax. You may want to wait and see what the outcome of your Infopass is since it is on Tuesday. If you are not satisfied after that, then definitely deliver the authorization form to your Senator and ask for his assistance. Provide copies of the two documents to him as well.

Good luck. I am sure this will all get sorted out satisfactorily but in the meantime I know how horrible it must feel.

[WROCLAW 0]

wow.......good luck