I-485 denied for failing to appear for interview. Never received interview notice

[Tania&Ali 7]

Need help

Just received the decision that the I-485 has been denied due to failure to appear for interview appointment however, we never received the interview letter. its been almost 2 years since we filed the I-485 and I have submitted multiple service requests to find out the status of our case. The reply for the status always made it to my house through mail stating that it is still pending considerations and there is no time frame. the last letter was date in first week of June, 2016. I recently contacted the ombudsman after that letter. Today i check the mail and saw the decision stating that we failed to appear for an interview notice that was sent for october 7th, 2015. I don't understand why they never told us that we missed our appointment in the multiple service requests i submitted.

I just don't know what to do at this point!!

[EM_Vandaveer 2,388]

You can re-file.

Alternatively, you could appeal the decision, but this requires you to prove USCIS made a mistake. Which they obviously did, but how do you prove that?

[Tania&Ali 7]

You can re-file.

Alternatively, you could appeal the decision, but this requires you to prove USCIS made a mistake. Which they obviously did, but how do you prove that?

The denial letter states that we can't appeal however we can file a motion to reconsider. I am thinking of meeting up with a good immigration lawyer to see if it's better to file to motion and wait or should we start over. What is strange is that i submitted at least 3 service requests after there "interview notice" with the last one over the phone with a uscis representative who also did not inform me of any interview appointments that were scheduled or missed. How can it say that I abandoned my case if I am continuously submitting service requests for updates.

[EM_Vandaveer 2,388]

Motion to reconsider is what I meant. The same form (I-290B) is used for both.

Like I said, to file that you need to prove USCIS' mistake. I myself am 100% convinced it was USCIS' fault, that's not a question. The question is how to prove it. Simply trying logic (why would I keep lodging service requests after I received an interview letter) most likely won't work.

I agree that a consultation with a lawyer is in order.

[Tania&Ali 7]

Thankyou for your feedback. I agree that it is impossible to prove that it was USCIS mistake. Impatiently waiting now to call a lawyer first thing in the morning.

[milimelo 4,422]

Congressional immigration aide can sort this out for you. Sign release form and provide copies of mail from USCIS that made it to your place and have them ask USCIS how is it possible you got all these letters after your supposedly scheduled interview. Then request one be scheduled for you asap.

[Ebunoluwa 6,136]

Congressional immigration aide can sort this out for you. Sign release form and provide copies of mail from USCIS that made it to your place and have them ask USCIS how is it possible you got all these letters after your supposedly scheduled interview. Then request one be scheduled for you asap.

I agree and would try this first. If this doesn't work then consult an immigration lawyer.

[Tania&Ali 7]

I really appreciate all your responses.

Husband spoke to the USCIS over the phone and funny enough the person on the phone had no clue that our I485 has been denied. They told my husband that it is still under consideration. My husband had to tell them that I received a letter stating that it is denied. They made a service request, but I just do not have any high hopes about it. I did sent out emails to the senator's office to get them involved and put in an inquiry for us. Also, have an Infopass appt for next week.

Really hoping this nightmare ends soon!

[Redlove76 28]

I really hope everything works out in your favor, bc this process is definitely a nightmare for those of us that have been waiting for a long time.

[Tania&Ali 7]

Thankyou. I just want people to know that the customer service people really have no clue about your case. I called later again today to see if I can talk to the tier 2 person. Unfortunately, I called late in the day and was unable to. However, the person on the phone was nice enough to say that they can only see the status update like you can online. They really have no extra information, only the higher up officer does. She recommended that I call in morning tomorrow and talk to tier 2.

[Cathi 5,726]

USCIS is known as the misinformation line for a reason, 99% of the time they do not know what they are talking about. Called you US Senator's office and ask to speak to their immigration liaison, they can email you the release form you need and you can sign it then scan and send it back via email. I used our senator's liaison and he was very good in helping getting our problem solved with the NVC. Good luck!

[Tania&Ali 7]

Thank you. Will do that today.

Thank you. Will do that today.

[HeavensAngel 4]

Good luck

[Tania&Ali 7]

Just an update, we filed the motion to reconsider through a lawyer. Our lawyer tried to make a strong case with our service requests every few months, emails to Senator, etc. and good moral character to show that we would never abandon our case intentionally and the interview letter was not delivered to us. However, they denied our motion stating that we can't prove that we did not receive the letter, so we are back to zero. I am now trying to put together another i-485 packet and hoping to send it in soon. After going through this experience, I regret filing the motion and wasting $$. Anyhow, I hope this time it doesn't take them 2 years to respond to our application.

[EM_Vandaveer 2,388]

Motion to reconsider is what I meant. The same form (I-290B) is used for both.

Like I said, to file that you need to prove USCIS' mistake. I myself am 100% convinced it was USCIS' fault, that's not a question. The question is how to prove it. Simply trying logic (why would I keep lodging service requests after I received an interview letter) most likely won't work.

I agree that a consultation with a lawyer is in order.

What I said in July I still stand by. I felt that your chances were not good with the MTR.

Re-file, hopefully it will work out this time.

Edited December 15, 2016 by EM_Vandaveer