Please help I-485 denied

[chsim 3]

Thanks for the words of encouragement chsim, I feel really bad because I trusted what the USCIS office was telling me, little did I know that it was their interpretation and not fact. I'm hoping for leniency as I have supplied all information required well before due date and I have complied 100% until this lastest issue. I have access to an immigration lawyer consultation through my spouses work so as soon as I get the letter I will be getting legal advice as to how best to proceed, either request to reopen or start the process again

Yes, do it. There is no reason to deny you again, you are not frauding.. it's an RFE and you missed it, it happens, and you did everything well as you were directed to. The uscis records all the conversations with the customer service. You might have to pay the fee again, for sure. Now, as we said, it's better to get an INFOPASS and talk to an officer in person when you get all your details via mail. The free toll sucks, it's a very bad idea to call them again for this matter. They are like robots and can't help for anything trust me, I used to deal with them about my case. Don't stress out a lot, you will be fine, it's just going to take a little bit longer...Good luck !

[Jan2211 9]

Thanks for your advice Damara. One other question if may? Do the offices have records of telephone conversations that a lawyer can request . I ask this as whilst I understand completely that I have not complies with the RFE, I did ask for clarification and wrong information was given to me therefore I acted upon wrong information, I would have been more than happy to have the medical done if the office had verified that I needed a new medical but they said I did not and all that was required was the vaccines

[Boiler 43,419]

You have no expectation to rely on them providing correct information so even if they did have such records they would be meaninglessness

[Jan2211 9]

Another post stated that conversations are recorded, if this is the case, why record and why have a customer service number if you can't believe anything that is said to you. Going forward, thanks to the invaluable help I have received on this forum I shall no longer be using the customer service line, I shall use info pass and maybe a lawyer to decide my next course of action

[Boiler 43,419]

You are talking to a call centre, people reading from a script, or sometimes making it up as they go along.

Often there is a comment that your call may be recorded for traning purposes.

The common term here is the misinformation line.

[agnesb 47]

My partner looked at the copy of the medical form which I was given by the civil surgeon and she had just put lines through the medical section and through the section where she should have put her name and address, she had signed the form and so had I.

So basicly nowhere on the form it says who was the civil surgeon filling the form? Did they stamp it with all the doctors info? If not that could easily be reason for denial imo.

[Jan2211 9]

Thanks Boiler, that's funny, you've cheered me up !

[Jan2211 9]

The initial medical was carried out by a panel physician, the second one by a civil surgeon but she only signed and dated the I-693

[agnesb 47]

The initial medical was carried out by a panel physician, the second one by a civil surgeon but she only signed and dated the I-693

Cs should still fill everything in part 4 of the form. If no medical was performed then by all means cs should leave the worksheet off but if vaccination record was updated then part 7 should have been filled too.

[Jan2211 9]

They filled in the vaccine section but part 4 just has a line through it

[agnesb 47]

They filled in the vaccine section but part 4 just has a line through it

Then I guess USCIS had no clue who signed that form, which Civil surgeon if any at all and signature could be anyones.

[Jan2211 9]

I have just read something that has me worried.... prior to my AOS denial, I had just received notice that my EAD and AP renewal was successfull,with effect from June 26th 2015, will my EAD and AP be cancelled now that my AOS has been denied?

[Ebunoluwa 6,136]

I have just read something that has me worried.... prior to my AOS denial, I had just received notice that my EAD and AP renewal was successfull,with effect from June 26th 2015, will my EAD and AP be cancelled now that my AOS has been denied?

Yes.

[Jan2211 9]

Does anyone know how long it takes to receive a denial letter? The decision was Monday, I thought I would have had it in the mail by today, i'm concerned because I believe that you have 33 days to appeal from the date of decision not from receiving the letter. The email I received informing me of the decline also stated that if I hadn't had the letter by July 28th then to contact them, that would be 15 days wasted and not leave much time for me to respond, can anyone help with this please

[Villanelle 4,121]

Ok, I understand you are stressed and trying to make sense of things. So we can go over this once more. It may be a little blunter and harsher this time though...

Technically you have no leg to stand on. Thats it. Officially, technically, whatever adjective you want to insert there- you have no standing. An RFE was issued and you failed to complete the requirements on it. Thats it. Period. You can scream until you are blue in the face or negotiate or sweet talk them and they dont have to change position. They just dont. You have no standing to make them accept the appeal where you can point to I was right and you were wrong because they were right and you were wrong.

Getting misinformation from the phone line (even having proof of it on a recording) doesnt negate the fact that you failed to respond to the RFE. You know the saying you catch more flies with honey etc etc... Well thats the position you are in. You are in the wrong and asking them to have mercy on you and allow it to go through to the appeal and accept your response anyway. They dont have to. You cant make them, you have no leg to stand on remember?

So your best route is to go in and be humble and explain the circumstances, show you did things with the best effort and it was an honest mistake and and explain it was bad advice from the phone line. I doubt youll get the recording and even if you did- it wont force them to take action-

Im working from memory here- we dont get too many people with appeals on this kind of stuff. Im not quite sure if when you file the appeal it makes your EAD valid again or not. Im leaning towards no, but at the same time I want to say its not so big of a deal to be overly stressed about because if you are currently working you can technically keep working probably with out issue. Yes you would be working with out auth, but that is forgiven once you AOS. If you were/are not working or try to apply for a new job, or if for some reason your employer attempts to verify you, it wont go through if your EAD is not valid. (If you currently have a job - it would be unusual for your employer to spot check you)

At an infopass appt they can explain the finite points of the appeal process to you and clarify if your EAD is good or not. (They can also confirm unauth work is forgiven if you have doubts)

It shouldnt take too long to get your denial letter. Its just a matter of printing it and finding its way through the mail system. What you can do now is locate the appeal form online and download and review it. (290B ) Simply typing that into google brings up the form, instructions and a wealth of pages with FAQS and tips. (You can post any questions here if you need help)

So maybe set yourself up with an infopass for about a week out or so. They may be backed up so scheduling now is a good idea, you should have the denial by then. You can always cancel the appt and resched if you dont have it. Familiarize yourself with the form and see how much of it you can fill out with out the assistance of infopass. You can also write up a letter explaining the circumstance. See the appeal form for details. I would also personally fill out a new set of forms if incase I did have to reapply and bring that to my infopass appt, because its better to be over prepared then under prepared. Also have your checkbook ready for the fees for the appeal or refiling- depending on what they advise you. You'll also want your NOAs from the underlying approval (not sure if you were a K or a 130 based with out going back in the thread) but you know what Im talking about right? And lastly you need to address the underlying issue of why you were denied- which is something I havent participated in the discussion of but I see another user has. Do you have a complete medical currently with vaccines? Thats probably the most important piece because its what caused the denial in the first place.