Your Appeal is dismissed instead of NOA2

[MandL 12]

Hi, I've been waiting for the approval of our NOA2 but instead what we received is YOUR APPEAL IS DISMMISED, whats does it mean?

[ForgottenNotes 12]

sounds like an Error, you may want to contact them asap.

I have seen here where they have made a mistake like this, denied a appeal when there was no appeal in the first place.

Edited December 3, 2014 by ForgottenNotes

[Pheebs1201 269]

Sounds like an error- get in touch with them ASAP.

Hope it gets sorted soon!!

[MandL 12]

Sounds like an error- get in touch with them ASAP.

Hope it gets sorted soon!!

Is this the RFE they talking about?

sounds like an Error, you may want to contact them asap.

I have seen here where they have made a mistake like this, denied a appeal when there was no appeal in the first place.

This is so scary

[Pheebs1201 269]

It doesn't sound like an RFE to me try not to panic I am sure it can be easily sorted. Good luck!

[alicia98981 128]

I think you might have been denied. I'm sorry . . .

Q. What can I do if my motion is denied or dismissed?

A. A decision on a motion may be appealed to the AAO only if the original decision was appealable to the AAO. See 8 CFR 103.5(a)(6).

If an Asylum Office denies or dismisses your motion arising from a case that received a Final Denial, you may submit a new Form I-589. You will be subject to the same prohibitions on filing as any other newly filed asylum application. You should file the application directly with the Asylum Office having jurisdiction over your place of residence since Service Centers are not able to accept new asylum applications on cases that have previously been denied. You should include a letter with your application stating that you previously applied for asylum and were denied.

[Pheebs1201 269]

I think you might have been denied. I'm sorry . . .

Q. What can I do if my motion is denied or dismissed?

A. A decision on a motion may be appealed to the AAO only if the original decision was appealable to the AAO. See 8 CFR 103.5(a)(6).

If an Asylum Office denies or dismisses your motion arising from a case that received a Final Denial, you may submit a new Form I-589. You will be subject to the same prohibitions on filing as any other newly filed asylum application. You should file the application directly with the Asylum Office having jurisdiction over your place of residence since Service Centers are not able to accept new asylum applications on cases that have previously been denied. You should include a letter with your application stating that you previously applied for asylum and were denied.

I'm confused, why would they file a I-589 for a K1 visa? The USCIS website says the purpose of this form is:

"To apply for asylum in the United States and for withholding of removal (formerly called "withholding of deportation"). You may file for asylum if you are physically in the United States and you are not a United States citizen"

How is this relevant to K1? Am I missing something?

[usmsbow 795]

Is this the RFE they talking about?

This is so scary

No, not a RFE. That has a different "answer". I would call them ASAP. Probably a technical glitch. Did you get the info via e-mail? The website? Both?

[alicia98981 128]

I'm confused, why would they file a I-589 for a K1 visa? The USCIS website says the purpose of this form is:

"To apply for asylum in the United States and for withholding of removal (formerly called "withholding of deportation"). You may file for asylum if you are physically in the United States and you are not a United States citizen"

How is this relevant to K1? Am I missing something?

I think that's additional information. I pulled up USCIS page on denials, dismissals and approvals and that was the only section discussing dismissals.

[Pheebs1201 269]

I think that's additional information. I pulled up USCIS page on denials, dismissals and approvals and that was the only section discussing dismissals.

Hmm I am still not convinced that it is a denial as OP has never made an appeal, so there is no appeal to be dismissed? The wording doesn't seem right.

Either way, phoning them and getting to the bottom of it ASAP is advisable

[alicia98981 128]

Hmm I am still not convinced that it is a denial as OP has never made an appeal, so there is no appeal to be dismissed? The wording doesn't seem right.

Either way, phoning them and getting to the bottom of it ASAP is advisable

Yeah I agree. Perhaps it's another system glitch then. Well fingers crossed! Hey OP just give a call and see what you can do! Best of luck!

[MandL 12]

Sounds like an error- get in touch with them ASAP.

Hope it gets sorted soon!!

Yeah i hope this is just an error. I'm calling them now.

[Pheebs1201 269]

Yeah i hope this is just an error. I'm calling them now.

Keep us updated! Keeping my fingers crossed that everything is fine!

[Unidentified 2,930]

Yeah i hope this is just an error. I'm calling them now.

Good luck! Hope everything goes well!

[MandL 12]

Keep us updated! Keeping my fingers crossed that everything is fine!

Spoke to them and we were told that there's a mistake and it could be system glitch. The guy said he sent email to people who handle our case and we should receive email by december 18,2014 i hope to have this issue fix soon