missed interview

[djs 0]

hello VJies,

this past week has been really bad. My AOS interview was scheduled to the 19th, but on the 18th my sister-in-law fell ill and we had to be there for her. right then i called uscis to reschedule it (supposedly you can cancel it even on the same day of the interview) and the operator told me that the system was down. she got all my info and said that as soon as it went back up she'd do everything. "no need to worry", according to her. three days later though (last friday), i got a letter in the mail saying that my application had been considered abandoned and denied.

i'm freaking out here, and all i can feel is emptiness and that all that we've done was in vain.

i know that i have to act real quick, but i really don't know where to begin and what really to do.

i called 'em again and all the operator could say was "since the case had already been denied, there's nothing i can do about it sr."

if anyone's had experience with this, please tell me what you did, because i know that i have to act real soon before things get really messed up.

thanks in advance,

Diego.

[sarah and hicham 3]

I know I have read about this happening to people before where they never received the interview date then they were considered as if they abandoned their petition... but I know you can get it turned around. I would either make an infopass appointment so you can explain what happened or try calling again to see what you need to do. Good luck!

Sarah

[snz1802 0]

Wishing you the best of luck on getting this situation straightened out as quickly as possible

Stacey

[JenT 0]

Infopass, immediately. And bring proof of your sister-in-laws condition, if you can.

Jen

[Canuck Carrie 1]

You might want to also PM member: maya62, she also missed her interview and had to re-schedule.

[Boiler 43,438]

Certainly try an infopass, but otherwise it is either a Motion To Reopen or start again.

You should never miss an appointment.

[Hilarious Clinton 452]

Infopass right away!

[diadromous mermaid 36]

It also doesn't hurt to take your spouse and the evidence with you if you get an Infopass apptmt...you never know the local office just might squeeze you in that day

[Boiler 43,438]

It also doesn't hurt to take your spouse and the evidence with you if you get an Infopass apptmt...you never know the local office just might squeeze you in that day

Have you ever heard them doing this without a MTR?

[I'm Gone 60]

I would say contacting congressman or Senator's office would be next step if the INFOPASS appointment doesn't get you anywhere.

Edited September 27, 2006 by mdyoung

[diadromous mermaid 36]

It also doesn't hurt to take your spouse and the evidence with you if you get an Infopass apptmt...you never know the local office just might squeeze you in that day

Have you ever heard them doing this without a MTR?

Not personally, but there wouldn't be any harm in being prepared, although I agree a Motion to Reopen might be the only way at this point.

Michael Aytes issed a memorandum to Service Centres and Local District Directors outlining the procedure for requests to Reschedule Interview s in November 2005.

This is an excerpt from that memo.

This memorandum provides United States Citizenship and Immigration Services (USCIS) field offices with instructions on evaluating a request for the rescheduling of an interview and handling the failure of an individual to appear for a scheduled interview. This memorandum supersedes any previous guidance addressing these aforementioned issues. If an individual requests an interview to be rescheduled or fails to appear for a scheduled interview, USCIS field offices are directed to implement immediately the procedures outlined in the “Field Guidance” section of this memorandum and either reschedule the interview or deny the related application or petition accordingly. 2. Background 8 CFR 103.2(b.)(9) stipulates that an applicant, a petitioner, a sponsor, a beneficiary, or other individual residing in the United States at the time of filing an application or petition may be required to appear for an interview. With limited exceptions, failure to appear for a scheduled interview results in denial of the related application or petition for abandonment. (See 8 CFR 103.2(b.)(13)) USCIS recognizes that an applicant, petitioner, sponsor, beneficiary, or other individual may reasonably fail to appear for his or her scheduled interview, because USCIS receives a

change of address notification after the scheduled interview notice has already been generated and mailed or because USCIS errs in processing a change of address notification. In addition, an applicant or petitioner may demonstrate good cause for requesting that an interview be rescheduled. 3. Field Guidance Effectively immediately, USCIS field offices are directed to comply with the following instructions, as set forth in revisions to the Adjudicator’s Field Manual (AFM).

Prior to the date and time of the interview, an applicant or petitioner may: (A.) withdraw the application or petition; or (B.) request, for good cause, that the interview be rescheduled. An attorney or representative authorized to act on behalf of the applicant or petitioner may also submit such good cause request for rescheduling the interview. In order to reschedule the interview, the adjudicator, in his or her discretion, must determine that the applicant, petitioner, beneficiary, or other individual is unable to appear at the scheduled date and time because of circumstances beyond the individual’s control. If the adjudicator determines that good cause exists, the adjudicator will reschedule the interview and mail a new interview notice. If the adjudicator determines that no good cause exists, the adjudicator will adjudicate the application or petition as instructed in section (d)(2) of this chapter.

Guidance on Evaluating a Request for the Rescheduling of an Interview and Handling the Failure of an

Applicant, a Petitioner, a Sponsor, a Beneficiary, or other Individual to Appear for a Scheduled Interview3. A new section is added to Chapter 15.1, “Interview Policies,” of the AFM. Chapter 15.1(d) is entitled, “An Alien’s Failure to Appear for a Scheduled Interview,” and reads as follows: (d) The Failure of an Applicant, a Petitioner, a Sponsor, a Beneficiary, or Other Individual to Appear for a Scheduled Interview

If an applicant, a petitioner, a sponsor, a beneficiary, or other individual fails to appear for a scheduled interview, the adjudicator is directed to comply immediately with the following instructions and either reschedule the interview or deny the related application or petition for abandonment.

(1) Evidence of Request for Rescheduling of the Interview or Notification of Change of Address

(A.) Request to Reschedule the Interview. The adjudicator must verify whether the individual required to appear for an interview has requested rescheduling of the interview. If the adjudicator finds a request to reschedule the interview that was submitted prior to the date and time of the interview, the adjudicator should evaluate the request in accordance with the instructions listed in section (b.)(2) of this chapter.

(B.) Notification of Change of Address. The adjudicator must confirm whether the individual required to appear for an interview has submitted notification of a change of address.

The adjudicator is required to:

(1) Check local pertinent electronic systems, such as CLAIMS, and pertinent physical records, particularly the file of the application or petition under consideration and any AR-11 (Change of Address) notices, to verify whether any change of address notification was received before or after the interview notice was sent. (2) Query the USCIS National Systems AR-11 (Change of Address) database by name and date of birth, A-number, and/or I-94 admission number, if necessary, to confirm whether any changes of address have occurred after the interview notice was generated and mailed.

(3) Contact the National Benefits Center (NBC) by email at NBC Failure to Appear Review, if necessary, to determine if the Service Request Management Tool (SRMT) contains a pending change of address notification.

(4) Reschedule the interview and mail a new interview notice to the new address, if a change of address notification is confirmed. In contacting NBC, the adjudicator is required to use the SRMT Search Request Form, as found in Appendix 15-3. Where feasible, each office should submit a consolidated list of queries using one SRMT Search Request Form.

(2) Effect of Failure to Appear for an Interview or to Respond to a Request for Appearance. (See 8 CFR 103.2(b.)(13)) (A) Adjudication. Except as provided in subsection (B.) below, a related application or petition under consideration is abandoned and the adjudicator will deny the related petition or application accordingly if:

(1) an individual fails to appear for a scheduled interview; and

(2) USCIS does not receive the individual’s request for rescheduling by the date of the interview, USCIS does not find notification of a change of address, or the applicant or petitioner has not withdrawn the application or petition.

(3) Effect of Withdrawal or Denial Due to Abandonment

(A) General. USCIS acknowledgement of a withdrawal may not be appealed. A denial due to abandonment may not be appealed, but an applicant or petitioner may file a motion to reopen under 8 CFR 103.5. Withdrawal or denial due to abandonment does not preclude the filing of a new petition or application with a new fee. The priority or processing date of a withdrawn or abandoned application or petition, however, may not be applied to a later application or petition. (See 8 CFR 103.2(b.)(15))

(B) Rescheduling of Interviews. When an application or petition was denied based on an individual’s failure to appear for a scheduled interview, the adjudicator may reopen the application or petition without charging an additional fee to the applicant or petitioner if the adjudicator confirms that:

(1) a request demonstrating good cause for rescheduling the interview was postmarked, faxed, or received telephonically before the date and time of the scheduled interview but not processed and evaluated by USCIS prior to adjudication of the application or petition; or

(2) a notification of a change of address was received prior to adjudication of the application or petition.

In these instances, the adjudicator should reschedule the interview and mail a new interview notice.

[maya62 7]

Diego,

As I mentioned in my PM response to you, our case is a little different in that it had not proceeded to denial yet.... I wrote that letter* requesting to be re-scheduled and they did it. It looks like others have given your similar advice about what to do, but I'll add one more thing: I would write a brief summary (1 page) summary of events that happened. I suggest NOT putting anything in this summary that reflects poorly on the USCIS or blames them in any way.... just be polite and humble and ask for their kind consideration. Take this (and any substantiation of the situation you can produce) to your Infopass appointment.

Also, if you have trouble getting an Infopass appointment right away, you might consider just going to your local USCIS office and explaining the situation in person, and that you want to remedy the situation as soon as possible. I agree you need to act fast, before your file leaves the local office.

Also, if you haven't done so already, start a log showing what you have done, on what date, and who you spoke with and what they said.

But overall, I would try to remain as calm and non-blaming as possible. I think it will really help you get what you want, even if it involves biting your tongue quite a bit. I would not give them any attitude or put them on the defensive in any way. You catch more flies with honey!

Best of luck to you. Please do let us know how it turns out.

Maya

Thanks Mermaid for posting that memo. It is very scary reading for me... I feel like we were very fortunate they were in a forgiving mood at our local office.

Maya

[kath1958 0]

Infopass straight away. Good luck.

[djs 0]

hey everybody, thanks for your reply!

i tried to schedule an infopass, but there's none available until the 11th of october, which is really late i think. i'm trying to get the phone call record, which at least to prove that i call (and talked to them for 59 minutes). it says online that at hartford (ct) they don't accept any walk-in, but i might try it anyways.

thanks for the advice maya, but i won't be blaming anyone once i get to talk with them. i did it just here to get some weight off my shoulders

thanks again, and whoever's had any experience, please let me know.

good luck for me ;-)

[Addie_Goodvibes 0]

Get a doctors letter about your ill sister,

Take everything ( receipt notices, and copies of all forms filed,) Schedule an INFO PASS ASAP

Explain everything and ask for another interview.