Case denies due to.abandonment???!!!! see attachments please

[Patient 57]

2 hours ago, Jay & Shiela said:

Once you do all of that or even while your doing it, Get on the phone with your State Senators Office and they will give you a case worker who may be able to resolve it ASAP, Let them know all the steps you have taken. Provide them with the Case Number that was denied and all pertinent information with the steps you are taking and have already taken. And they usually, can get things done!

 

If you dont know how to contact your U.S. senator Here is a website to help you look up their contact information give them a call, if they dont want to help keep calling them until they do. 

 

https://www.senate.gov/senators/contact/

 

 

Knows how to short circuit the system ..... all should follow him as "the insider" .......extract from his timeline comments .....

 

 

He knows Thanks to Senator Manchin, Our whole case was given Extremly Expedited Processing, as he signed the form acting as my attorney. Once the case reach the NVC the senator explained he could not really help as it had to process here normally, However Once I emailed him again requesting him to look into why it was taking so long. Even though I never got a reply the NVC within 7 days I received a letter stating The U.S. Consulate General indicated they are willing to expedite this petition This NVC has Processed your case and have already forwarded it directly to the consulate. Further Inquiries should be directed to the DoS and the U.S. Embassy. 

Shiela just walked into st. lukes with that letter stating the consolate general expedited it and did her Medical without an appointment. 

 

1 week later she had her interview where the case file was stamped Congressional adjudication, Which was signed by my senator.

 

Also there was something on there that was signed by the Consulate General Approving Expeditious Processing. The Case File was sealed shut and the man only had a sheet of paper with my Info. She was Asked what her husbands birthdate was and then asked the same question again this time the worker said are you sure, she said yes. He said okay your approved. 

[Corey911 37]

8 hours ago, Hypnos said:

An Infopass appointment and pleading your case face-to-face is probably the best move, at least initially. 

People who are suggesting to make infopass appointment, have you once tried to make it?

My husband and I tried 4 times, during our K1 process, succeed none. There's no appointment available ever in our area!

[POA 175]

15 hours ago, timorito said:

if its indeed their fault..they still charge?

If you can prove it's their fault, talk to Ombudsman to ask for help.  They might be able to help.

[Jay & Shiela 29]

15 hours ago, timorito said:

if its indeed their fault..they still charge?

If it was truly the fault of the US Customs and Immigration Services, you can request a refund. Refunds are rare, but if it was truly the fault of the USCIS they do make exceptions. Here Is a like to their site on the list of exceptions to which they may grant a refund. I believe you will be covered under, "Other."

 

https://my.uscis.gov/helpcenter/article/3049

 

The USCIS Says

 

Is the filing fee refundable?

In general, USCIS does not refund a fee regardless of the decision on the application unless there is a finding of USCIS error. Instances of USCIS error are as follows:

• Unnecessary Filing - USCIS (or the Department of State in the case of an application or petition filed overseas) erroneously requested an unnecessary application or petition and collected a fee;

• Payment in Excess of Amount Due – USCIS (or the Department of State in the case of an application or petition filed overseas) erroneously accepted and processed an application or petition with a fee in excess of the amount due;

• Failure to Meet Premium Processing Times – USCIS will refund the fee provided with Form I-907 whenever USCIS did not approve, deny, issue a Notice of Intent to Deny, send a Request for Evidence, or open a fraud investigation relating to an application or petition within 15 calendar days of receiving the application or petition accompanied by Form I-907 with the required fees;

• Other – There may be other instances where a refund is appropriate based on USCIS error.

Note: If you believe you may be entitled to a refund, please call our toll-free number at 1-800-375-5283 for assistance.

 

[Jay & Shiela 29]

15 hours ago, Suss&Camm said:

The instructions clearly state that the fee is non-refundable regardless of the action taken with the case. Several times even.. :/

 

  Actually, according to the USCIS Website They can Refund the filing fee in "Certain Cases." I believe it would only be a refund for the I-751 not the Appeal itself.

 

Here is a link i found on it. I know its Extremely rare but there is a possibility and if he were ro get a senator involved get proof the uscis was in the wrong he may be able to get a refund. 

 

https://my.uscis.gov/helpcenter/article/3049

 

Is the filing fee refundable?

 

The USCIS Website gives a list of several different types situations in which the filing fee may be refunded. But i believe you would need to show without any doubt that it was the fault of the USCIS. 

 

However in this particular situation where his petition was denied due to abandonment i believe would fall under the "other" category as the site states:

 

• Other – There may be other instances where a refund is appropriate based on USCIS error.

Note: If you believe you may be entitled to a refund, please call our toll-free number at 1-800-375-5283 for assistance.

https://my.uscis.gov/helpcenter/article/3049

 

ADDITIONALLY

 

     If im reading this correctly, they may refund the original filing fee of the i-751not the subsequent fees related re-filing, or an Appeal. ?

Edited January 24, 2017 by Jay & Shiela
Incorrect spelling

[Suss&Camm 2,213]

20 minutes ago, Jay & Shiela said:

 

  Actually, according to the USCIS Website They can Refund the filing fee in "Certain Cases." I believe it would only be a refund for the I-751 not the Appeal itself.

 

Here is a link i found on it. I know its Extremely rare but there is a possibility and if he were ro get a senator involved get proof the uscis was in the wrong he may be able to get a refund. 

 

https://my.uscis.gov/helpcenter/article/3049

 

Is the filing fee refundable?

 

The USCIS Website gives a list of several different types situations in which the filing fee may be refunded. But i believe you would need to show without any doubt that it was the fault of the USCIS. 

 

However in this particular situation where his petition was denied due to abandonment i believe would fall under the "other" category as the site states:

 

• Other – There may be other instances where a refund is appropriate based on USCIS error.

Note: If you believe you may be entitled to a refund, please call our toll-free number at 1-800-375-5283 for assistance.

https://my.uscis.gov/helpcenter/article/3049

 

ADDITIONALLY

 

     If im reading this correctly, they may refund the original filing fee of the i-751not the subsequent fees related re-filing, or an Appeal. ?

The question and my answer was regarding the i-290B fee. Yes, in rare cases you can be refunded for other application fees.

[Jay & Shiela 29]

24 minutes ago, Suss&Camm said:

The question and my answer was regarding the i-290B fee. Yes, in rare cases you can be refunded for other application fees.

Hey Suss&Camm I Just wanted to put that out there so timorito knew that there is a possible chance he might be able to get the original Filing fee of the original application refunded if he is able to prove it was there fault. But no chance for a refund of the I-290B.

[Suss&Camm 2,213]

43 minutes ago, Jay & Shiela said:

Hey Suss&Camm I Just wanted to put that out there so timorito knew that there is a possible chance he might be able to get the original Filing fee of the original application refunded if he is able to prove it was there fault. But no chance for a refund of the I-290B.

I understand, but since you quoted me it seemed as if you were offering contrary information as opposed to additional.. so just clarifying

[A1&R1 2]

Timorito, I am just curious whether you were checking the case status on line. IF USCIS did not update the case status on line showing that it is waiting on an RFE, wouldn't that be considered their mistake?

Good luck.

[Villanelle 4,121]

You can get your filing fee back for the 290b if it is determined to be Service Error. Its hard to prove service error and Im not entirely sure there was one in this case.

 

If you moved and updated your address with USCIS and the RFE was sent out to the old address AFTER they had the new address, then thats service error. If you didnt update your address on time and the RFE went to the wrong location- thats your error.

 

But basically you can either pay the fee and send the 290b (along with the info requested in the RFE) OR re-file from scratch. If you pay the fee and submit the motion your EAD/AP will get 'reactivated' while they work on the motion and then remain active once the motion is approved and they resume working on your initial petition.

 

If you abandon the old petition and refile then your current EAD/AP is invalid and you can toss the physical card, because you will be resubmitting an entire packet including EAD/AP petitions and will receive a new card in about 3 months after you file.

 

If you are going to file a motion it is advisable to not leave the US even though you have valid AP documents because if action is taken (a denial) you will be unable to re-enter the US.

 

Also if you are going to resubmit you need to address in the re-submission whatever issue it was that was in the RFE or else its just going to happen again. So you need to get a copy of the RFE. Others have outlined how to do so. You can ask for assistance from a congressperson if you need to. Some are more helpful then others. I dont see how the Obuds office will be needed unless you can not obtain the RFE.

 

So you can pay the 290b fee (and possibly get it back depending on specifics) or pay the entire refiling fee.