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Filed: Citizen (apr) Country: Australia
Timeline
Posted

which is what i am now too though right?

Well right now you're in temporary protected status while waiting for your AOS to be processed. Once it's been approved you're an LPR. If you're denied you will become out of status.

It appears that you are very sick. Get a doctor's note. That's proof that your claim is true. You have been given the worst case scenario. If anything negative happens, a call to your congressman will fix it. You have proof. Don't go to the doctor after the fact. Ensure that you go before or on the day of the interview.

Yep agree. Definitely get a doctors note for the day of interview, just in case it comes to that.

Filed: Citizen (pnd) Country: England
Timeline
Posted

I would go to the interview, wear a mask if coughing, do not reschedule. Tell the IO you are not well.

After all this i wish i had lead down in the back of the suburban, got my wife to drive us there, stumbled in wearing my PJs and Gown, and thrown up multiple times in the office making everyone else ill too, just to make a point that the system could possibly be flawed... although then i'd probably be charged with bio terrorism.

Too late now, just got to wait for what happens.

K1 Visa - 2011

AP & EAD - 2012

Adjustment of Status - 2012

Removal of Conditions - 2014

Naturalization - Pending
Filed: Citizen (apr) Country: Canada
Timeline
Posted

Dr's note (as mentioned previously) is probably your best bet.

Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

Filed: Citizen (pnd) Country: England
Timeline
Posted

OK,

So a few days ago i received a letter from the USCIS saying that because i had not called to reschedule i had abandoned my petition, my green card was denied, all subsequent work authorization and advanced parole was invalid, and i was now in the US unlawfully. FREAK OUT COMMENCES!

I had been one of the few who had done everything legally (like everyone here) paying the $$$$$$ being apart from fiancé for ages, doing more interviews, scan, fingerprinting etc etc than i can remember, not working, Basically doing everything right, and now because i was ill and didn't take the sickness that was causing me constant vomitting and diarrhea into a government building, at the last step, i am now illegal. Was feeling pretty angry.

I called the USCIS and told them what had happened, explained i did call to reschedule and had a confirmation number to prove it. The Agent on the line took me through all the security steps to get into the account and then told me that a denial was not on my petition, but rather the most recent action taken was back in January when they first scheduled my interview. Then as we were talking she said the system was saying a letter had just been sent to me (not from her) RE my application to reschedule. Proving again that i did call. She said i should send back both the coming application letter and the denial letter to the USCIS so they could decide what to do.

OK.

So i got the mail today and the USCIS letter was there. only it doesn't say application for reschedule, it says "we will reschedule this appointment and a notice will be forthcoming" meaning they are already going to do it.

So my question,

Do you think i should mail in the letters like the Agent on the phone said.... or just wait for the appointment notice and go to it, ignoring the denial letter.....?

K1 Visa - 2011

AP & EAD - 2012

Adjustment of Status - 2012

Removal of Conditions - 2014

Naturalization - Pending
Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)

Again, as I said before in another thread... There is a period of time before it is denied, to give the applicants a chance to communicate (months). The OP called to reschedule on the day of his appointment. That event will be noted in his file. Before a decision to deny is made, the person making that decision will look at the file and see that the applicant made an effort to communicate. It won't be denied. There is a system in place for rescheduling appointments, and this system is fair and works.

Though it doesn't help the OP I felt it was important to point out that what we said would happen DID happen and now the OP is in a mess. It's fixable with some effort and a LOT of stress.

Though the OP DID call and advise them she needed to reschedule she still received a denial notice.

Edited by Vanessa&Tony
Filed: Citizen (apr) Country: Australia
Timeline
Posted

So a few days ago i received a letter from the USCIS saying that because i had not called to reschedule i had abandoned my petition, my green card was denied, all subsequent work authorization and advanced parole was invalid, and i was now in the US unlawfully. FREAK OUT COMMENCES!

I had been one of the few who had done everything legally (like everyone here) paying the $$$$$$ being apart from fiancé for ages, doing more interviews, scan, fingerprinting etc etc than i can remember, not working, Basically doing everything right, and now because i was ill and didn't take the sickness that was causing me constant vomitting and diarrhea into a government building, at the last step, i am now illegal. Was feeling pretty angry.

I called the USCIS and told them what had happened, explained i did call to reschedule and had a confirmation number to prove it. The Agent on the line took me through all the security steps to get into the account and then told me that a denial was not on my petition, but rather the most recent action taken was back in January when they first scheduled my interview. Then as we were talking she said the system was saying a letter had just been sent to me (not from her) RE my application to reschedule. Proving again that i did call. She said i should send back both the coming application letter and the denial letter to the USCIS so they could decide what to do.

OK.

So i got the mail today and the USCIS letter was there. only it doesn't say application for reschedule, it says "we will reschedule this appointment and a notice will be forthcoming" meaning they are already going to do it.

So my question,

Do you think i should mail in the letters like the Agent on the phone said.... or just wait for the appointment notice and go to it, ignoring the denial letter.....?

Completely understand your anger and yes, going in and throwing up all over them would have protected you.. ridiculous huh!

Now you do have to fix this. While they sent you an interview reschedule notice, they also sent you a denial. You're hoping they ignore the bad and follow the good... but in the event they don't you're in trouble.

Make an INFOPASS appointment. Take BOTH notices. You want something from them that confirms your case is still active.

I'm sorry you're going through this.

Posted

Though it doesn't help the OP I felt it was important to point out that what we said would happen DID happen and now the OP is in a mess. It's fixable with some effort and a LOT of stress.

Though the OP DID call and advise them she needed to reschedule she still received a denial notice.

I think it is important to point out that the event of the request for reschedule was noted in their file and therefore the denial was sent in error - and USCIS (even a Tier 1 person) can plainly see that event in their records. Since they can plainly see that fact they have moved forward towards granting a reschedule.

I agree on the INFOPASS though. Make one ASAP. Better to talk to a person in that office so word gets out that you're around and you just had extenuating circumstances. Good luck.

You know, I do think for future problems of this type, it might be good for the non-sick spouse (even if it's the USC) to go to the appointment to at least talk to the IO.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Citizen (apr) Country: Australia
Timeline
Posted

I think it is important to point out that the event of the request for reschedule was noted in their file and therefore the denial was sent in error - and USCIS (even a Tier 1 person) can plainly see that event in their records. Since they can plainly see that fact they have moved forward towards granting a reschedule.

I agree on the INFOPASS though. Make one ASAP. Better to talk to a person in that office so word gets out that you're around and you just had extenuating circumstances. Good luck.

You know, I do think for future problems of this type, it might be good for the non-sick spouse (even if it's the USC) to go to the appointment to at least talk to the IO.

Completely agree. Hindsight is 20/20. I'm sure the OP will end up fine but the stress! Ugh. Sometimes USCIS (heck just Government agencies) are just insane.

Filed: Citizen (apr) Country: Peru
Timeline
Posted

Completely agree. Hindsight is 20/20. I'm sure the OP will end up fine but the stress! Ugh. Sometimes USCIS (heck just Government agencies) are just insane.

I'll say that I found this topic interesting as we're in an interesting and similar stick. My wife was in the hospital the night before with a miscarriage and could hardly go to the appt the next day. This was Tuesday, but I've stressed out about it, as despite having the confirmation number and a doctor's note the day of (as we were instrcted to do a follow-up the next day), and hospital discharge letter, who knows the US gov'ts logic. So we sent a letter and copies explaining it along with confirmation express mail yesterday, and set up an infopass (not sure if it's necessary) Friday, which will also at least give us a nice four day holiday. So I'll be following your thread to see and I wish you good luck. I def understand the stress, and if it's any consolation we were worried about deportation at one point too, untill we saw the posters on this thread!

-------------------------------

Met - January 2010
Engaged - 24 November 2010
Sent I-129F to Lewisville Lockbox - 7 December 2010
I-129F Received - 8 December 2010
NOA1 - 9 December 2010
Check Cashed - 10 December 2010
Touch - 13 December 2010
Touch - 31 December 2010
Touch - 3 May 2011
NOA 2 - 3 May 2011
NVC Received Petition - 11 May 2011
NVC Sent Petition to Lima - 13 May 2011
Packet 4 Received - 11 June 2011
Medical Exam - 30 June 2011
Interview - 5 July 2011
POE Ft Lauderdale - 24 July 2011

Legal Marriage - 5 August 2011

Filed AOS - 17 October 2011
I-485 Received - 18 October 2011
NOA Received - 31 October 2011
Check Cashed - 1 November 2011
Biometrics - 23 November 2011
NOA 2 Received - 4 January 2012
Interview Scheduled - 7 February 2012

Green Card Received 28 March 2012

Sent I-751 to VSC - 19 February 2014

I - 751 Received 21 February 2014

Biometrics 16 September 2013 - Were done already for I-90 for stolen Green Card.

Cash Checked 27 February 2014

 
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