I-360 Case mix up

[Irina4572 0]

I was denied by the USCIS for a reason completely unrelated to my I-360 application (lack of proof of marriage to Julio Cruz). The problem is I don't know a Julio Cruz. They stated in the letter that I established all the eligibility requirements except number 1 and 2 and then further referenced an affidavit I never made about a marriage I was not involved in. It would have been comical if it wasn't such a serious matter.

Clearly the Vermont Service Center mixed my case up with someone elses. The attorney I use tells me that I have to file an appeal that requires a filing fee of $630. I'm really short on funds and I don't understand why I have to pay a fee when I was reject for reasons unrelated to my case. Can someone please explain this to me.

Thank you

Irina

[kkk1 42]

I was denied by the USCIS for a reason completely unrelated to my I-360 application (lack of proof of marriage to Julio Cruz). The problem is I don't know a Julio Cruz. They stated in the letter that I established all the eligibility requirements except number 1 and 2 and then further referenced an affidavit I never made about a marriage I was not involved in. It would have been comical if it wasn't such a serious matter.

Clearly the Vermont Service Center mixed my case up with someone elses. The attorney I use tells me that I have to file an appeal that requires a filing fee of $630. I'm really short on funds and I don't understand why I have to pay a fee when I was reject for reasons unrelated to my case. Can someone please explain this to me.

Thank you

Irina

Don't pay any fees. Your case is at USCIS or NVC? Call the centre wherever it is. Provide detail of your case to them and ask them to pass phone to supervisor level of person. Explain supervisor and also mail this thing to nvc or uscis in nice formate so that they can understand. Don't believe immigration attorney they are good in making money.

[Villanelle 4,122]

Mmm I somewhat disagree. While you can do that- not all service centers consider a written letter or request like that. I mean they can but they dont have to. The only thing they have to accept/acknowledge is the official 290B form. If you dont file one and rely on an alternate mean they can state an answer wasnt received in the 30 days.

So heres some things to consider and discuss with the attny-

Form 290B can be fee waiver if the underlying petition was fee exempt, waived, or eligible. 485 is eligible (VAWA applicants can request a fee waiver for the I-485 and I-765. There is no fee for the I-360 and thus, no need for a fee waiver.) So if you filed just the 360 (fee exempt) you may qualify. If you filed everything you may qualify as the 485 is eligible. I say may because you have to meet the requirements for the fee waiver.

USCIS does not refund a fee regardless of the decision on the application unless there is a finding of USCIS error. If an appeal or motion to reopen/reconsider is filed and the prior decision is overturned based on a clear finding of USCIS error, USCIS will initiate a fee refund for the appeal or motion, but not for the underlying application or petition;

So in one situation you may qualify for the fee waiver. In the other one you would have to lay out the money and get it back (perhaps borrow it from someone as you are sure to get it back)

Here the page for the fee waiver so you can check your eligibility.

http://www.uscis.gov/feewaiver

[Hypnos 6,576]

I would also suggest that contacting the DHS Ombudsman might be another way to proceed in the case of a clear USCIS error.

http://www.dhs.gov/topic/cis-ombudsman

[Villanelle 4,122]

I really hope she comes back and updates us on what happens!

I had another thought (its not a good one) It may not be USCIS error at all. Did you use an attny? Perhaps the attny submitted the wrong documents? I know they often use paralegals or aides to help prepare things. Its cheaper when they do that. I would imagine in a medium to large sized firm or really any size firm that they use computers in addition to traditional paper files. Theres a chance that someone else they are assisting has a connection to Julio Cruz. Theoretically they couldve printed the wrong affidavit out or pulled it from the wrong file and attached it with your packet.

If thats the case then it wasnt USCIS error at all and you wont get the fee refunded. But the attny should cover the cost of the mistake if it was in fact theirs. I would have a serious conversation with the attny and ask if they have a Julio Cruz in their files or ex Mrs Cruz (she could be using her maiden name if divorced or never changed it taking his). Theres a strong chance the attny will tell you they can not disclose other clients to you but stress that you are not looking for information about that person/case- just a double check that the error was not theirs.