Biometrics notice not recieved/residency status CANCELED

[oldsalt46 0]

We filed form I-751 (removal of conditions)back in January to the Vermont Center, and have been waiting to hear from them. Well today we did. Efffective today your permant residency status is canceled for failure to appear at your scheduled biometric appointment. This notice of appoinment was never recieved. Our option is to file a moticn to reconsider this dicision should it have been in error, by submitting proof. Cost another $585.00. My question is, how does one prove that the computer generated letter was never recieved. Over this time period, from time to time, I checked the status using the reciept number at the USCIS site. That reciept number was never in the system. Advise PLEASE

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[Nik+Heather 122]

We filed form I-751 (removal of conditions)back in January to the Vermont Center, and have been waiting to hear from them. Well today we did. Efffective today your permant residency status is canceled for failure to appear at your scheduled biometric appointment. This notice of appoinment was never recieved. Our option is to file a moticn to reconsider this dicision should it have been in error, by submitting proof. Cost another $585.00. My question is, how does one prove that the computer generated letter was never recieved. Over this time period, from time to time, I checked the status using the reciept number at the USCIS site. That reciept number was never in the system. Advise PLEASE

Especially since your case never entered the computer system, I think you should contact your representative/senator and request that they look into the matter, and at least ask them to dig enough to find that the biometrics letter was printed and sent, and then get their help to reopen the case.

[oldsalt46 0]

Especially since your case never entered the computer system, I think you should contact your representative/senator and request that they look into the matter, and at least ask them to dig enough to find that the biometrics letter was printed and sent, and then get their help to reopen the case.

For sure it is a winable case in a court of law, if one had those resources, because a computer cant testify that the letter was sent. Now on the other hand, if USCIS sent out these letters certifed, like my correspondance to them, we would be beaten. Thanks for your idea, I'm on it. It's only that I am a little paniced in this 4 year journey, as this was my first pit fall. Thanks to VisaJourney, I have made it this far without an attorney. Personally, I think it is a ruse to soak me for another 585.00 hard earned American dollars. Do that a 100 times a day, and USCIS can state they dont have a budget shortfall. Oh I forgot they probably pay 5000.00 for toilet seats too!

[JimVaPhuong 4,865]

The biometrics appointment letter should have been sent within weeks of the notice of receipt. Did you just sit on your hands for 8 months waiting for some news from USCIS? Did you call or make an infopass appointment, or do anything else up until now to check on your case?

[SuperDuper! 230]

I'm curious if the OP checked his status on the USCIS website. Sorry to hear the bad news. Please contact your representative in DC about it. Good luck.

[oldsalt46 0]

The biometrics appointment letter should have been sent within weeks of the notice of receipt. Did you just sit on your hands for 8 months waiting for some news from USCIS? Did you call or make an infopass appointment, or do anything else up until now to check on your case?

Some of both, but I wouldnt say I was sitting on my hands. I did check the USCIS website repeatedly, including action time average for Vermont Service Center ( 6 months). Case was not found using the receipt number, and still isnt. As far as the biometics appointment letter within weeks, the key word is "should have".

[oldsalt46 0]

Before anyone else critizes me for being passive and sitting on my hands, please remember this is a forum by which we LEARN for other peoples successes and mistakes. Additionally the VisaJourney community is full of bright minded problem solvers, which is why many people ask for and recieve help. That being said, remember we are dealing with a beaurocratic arm of the federal goverment, known for its compassion and lightning fast actions.

Personally, I have as guess as why this might have happened to us, and why the biometrics letter wasnt recieved,

taken from the USCIS website....

"USCIS’s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low. While USCIS did receive appropriations from Congress, budget cuts of approximately $160 million have not bridged the remaining gap between costs and anticipated revenue. A fee adjustment, as detailed in the proposed rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule"

IF there is a pattern from this, eveyone will quickly know of another pitfall in the journey. Also, if anyone knows how to fill out form I-290B please give me some tips.

Motion to reopen:

The motion must state new facts and must be supported by documentary evidence.

Motion to Reconsider, The motion must be supported by citations to appropriate statutes,regulations or precident decisions. Appeal: Provide a statement explaining any erroneous conclusion of law or fact in the decesion being appealed.

The filing fee for form I-290B is $585.00. The fee will NOT be re3funded reguardless of the acion taken in your case.

[JimVaPhuong 4,865]

Before anyone else critizes me for being passive and sitting on my hands, please remember this is a forum by which we LEARN for other peoples successes and mistakes. Additionally the VisaJourney community is full of bright minded problem solvers, which is why many people ask for and recieve help. That being said, remember we are dealing with a beaurocratic arm of the federal goverment, known for its compassion and lightning fast actions.

Personally, I have as guess as why this might have happened to us, and why the biometrics letter wasnt recieved,

taken from the USCIS website....

"USCIS’s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low. While USCIS did receive appropriations from Congress, budget cuts of approximately $160 million have not bridged the remaining gap between costs and anticipated revenue. A fee adjustment, as detailed in the proposed rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule"

Fee revenues were lower than expected because of the recession. Fewer people are clamoring to get to the United States. Just look at how fast the priority dates for family preference visas have been catching up. H1B visa applications used to be used up the first day they became available each year. Now they are still accepting applications many weeks after they first become available. Processing times for other types of petitions have also gotten shorter. Their overhead costs don't vary dramatically according to the number of applications and petitions they process. A drop in fee revenue has a big effect on their budget.

Immigration services are largely paid for by the fees they collect. Every time you send them another application they need to collect a fee in order to pay for the time and resources they spend on it. If they were playing games just to collect more fees then we'd be seeing a rash of problems like yours here at VJ, but it hasn't been happening.

I wasn't criticizing you. The answer to the questions I asked were relevant, and could be important. If you had been actively following your case status with phone calls and infopass appointments then there would be a record of those contacts. An infopass appointment two or three months into the process to inquire about the biometrics appointment would go a long way toward proving you never received the notice. In reality, they probably would have told you at the infopass appointment that you'd missed the biometrics appointment, and you would have had a pretty good chance of getting it rescheduled.

I don't have any personal knowledge about the I-290B. Sorry.