AOS denied

[Rohini 0]

It was denied basically due to the USCIS not getting everything they wanted with the RFE.

The RFE was unclearly worded. It asked for the birth certificate copy and/or translated English (copy). As my husband's birth certificate is in English we thought that it has been misplaced by USCIS or that somehow we had not included it originally despite multiple checks.

They say in the denial that they wanted a copy of the "original." It is available in Hindi as well from the office in his home city, but he has always used the English version and has used it all the way through the visa process.

He recieved the denial today, what can we do next on our own? (Hiring an attorney is an obvious step.)

What should we expect next?

Edited June 18, 2010 by Rohini

[menina 50]

Can you just get a copy of the birth certificate in Hindi and submit that with the English version? It seems like that is all they want. Hopefully submitting that would lead to an approval. Did they give you a chance to submit it within a certain time frame or are they insisting that you start all over?

[Rohini 0]

Can you just get a copy of the birth certificate in Hindi and submit that with the English version? It seems like that is all they want. Hopefully submitting that would lead to an approval. Did they give you a chance to submit it within a certain time frame or are they insisting that you start all over?

No, it seems to be a flat-out denial.

[menina 50]

No, it seems to be a flat-out denial.

Wow! Sorry to hear that. It seems really harsh. I guess it has something to do with submitting the RFE in the correct timeframe. I saw what you posted--it is really confusing the way they worded it. I hope you can find a solution soon.

[Rohini 0]

Wow! Sorry to hear that. It seems really harsh. I guess it has something to do with submitting the RFE in the correct timeframe. I saw what you posted--it is really confusing the way they worded it. I hope you can find a solution soon.

I had 85 days, sent it within a week (and they got it within a week). Definately harsh...

Edited June 18, 2010 by Rohini

[menina 50]

I had 85 days, sent it within a week (and they got it within a week). Definately harsh...

I understand. I was thinking that maybe because the Hindi birth certificate was not submitted within the 85 days they denied it. Although it seems like they would have notified you again with another RFE. Maybe there is a process for appealing a denied AOS or just file again? I'm not sure. If you have the ability to get advice from a lawyer I would suggest that..maybe someone who can just advise you without actually representing you. Good luck!

[engineer21 51]

Wait, so instead of sending a second RFE, they just flat-out gave you a denial?

I mean.. it's one thing if you failed to respond to the RFE, but you did!

Maybe you should try to schedule an infopass and explain the misunderstanding?

I'm so sorry this happened, and best of luck to you, hope you can find a solution soon!

[Nik+Heather 121]

I would contact your congressman and your two senators (Look up and call the local office). Speak with their immigration helper staff members about your situation. After you have spoken to them (or given up waiting for a call back) select one, and go through the process of filling out a privacy form, and writing a formal letter asking them to look into the matter. I'm sure the staffer will help you with what they need. At the least, give them your names, dates of birth, A number, case number, and a copy of the RFE and the BC that you sent in. I have read up on other VJers experiences with their congressmen, and in problems like this, where the reopening/reconsidering of a case is a matter of discretion of an immigration official, your representative to the federal government has more pull than you ever will to make that discretion work for you (see buster2009's thread on the subject).

In parallel, acquire all documents which could even loosely be described as "original" birth certificates. When your rep's staffer speaks with the immigration officer on your behalf, they can even have these documents in hand and offer to send them along.

I think there is a good chance that your case will be back on track soon!

[Rohini 0]

I would contact your congressman and your two senators (Look up and call the local office). Speak with their immigration helper staff members about your situation. After you have spoken to them (or given up waiting for a call back) select one, and go through the process of filling out a privacy form, and writing a formal letter asking them to look into the matter. I'm sure the staffer will help you with what they need. At the least, give them your names, dates of birth, A number, case number, and a copy of the RFE and the BC that you sent in. I have read up on other VJers experiences with their congressmen, and in problems like this, where the reopening/reconsidering of a case is a matter of discretion of an immigration official, your representative to the federal government has more pull than you ever will to make that discretion work for you (see buster2009's thread on the subject).

In parallel, acquire all documents which could even loosely be described as "original" birth certificates. When your rep's staffer speaks with the immigration officer on your behalf, they can even have these documents in hand and offer to send them along.

I think there is a good chance that your case will be back on track soon!

Thank you very much, I will do everything I can!

[Rohini 0]

I am linking Buster's thread in case anyone else runs into a similar problem: http://www.visajourney.com/forums/topic/237821-application-denied/

Good luck friends, please wish us the best!

[Rohini 0]

An update:

Went to Infopass today but it was of no help. Although they agreed that it was a mistake they said nothing could be done and advised us to file for a motion. Basically told us what we already knew. Not to happy with the idea of paying them again for their own mistake! Off to see what I can do next before handing them more money...

[Vivi6 12]

An update:

Went to Infopass today but it was of no help. Although they agreed that it was a mistake they said nothing could be done and advised us to file for a motion. Basically told us what we already knew. Not to happy with the idea of paying them again for their own mistake! Off to see what I can do next before handing them more money...

Congressman seems to be the next step! Good luck!

[Rohini 0]

New Update:

My senator's office returned my call and asked me to send them a brief letter and the privacy form and they will work on reopening the case! I was pleased with the quick response. I hope all goes well!

[juliava 80]

Good luck to you and I hope things will work out!Yes, getting your senator involved in the process is a great idea!

[sachinky 464]

Good luck Rohini! I hope you can get this sorted out soon enough!