Did not get I-485 Interview Letter and received a Denial What do we do?

[Diesira59 3]

Hello

Today we received a Denial Decision from USCIS on my husbands I-485 claiming we did not go to our interview. We never received the letter with our interview date however.

Do we/Can we appeal? What do I do with my husband's EAD during this time? Can we even prove we did not receive it?

 

I am at a loss for words right now and shaking in fear over this. Any help or advice is greatly appreciated. 

[milimelo 4,230]

If you haven't moved and received all other USCIS correspondence then go through your congressman or senator's immigration liaison to sort this out. 

[Diesira59 3]

Thanks Milimelo, 

Should i be concerned about Immigration court during the time it takes for the senator letter and/or appeal to be received?

[f f 725]

once the aos is denied the ead and ap are voided so don't leave the country.

 

as for proving you didn't get it. if it was mailed with your correct address there is no way to prove you didn't get it. only if they mailed it to the wrong address such as moving and updating your address with them but they sent it to the old address. postman error of putting it in the wrong box is not something you can prove happened.

[Scandi 3,975]

I assume your online status never updated to interview has been scheduled then?

[Diesira59 3]

no we did not check it. I just refigured out how and sure enough it says it was sent back to the UCSIC. 

So we have proof we did not receive it. Though i hope they dont use this online checking capability against us...

19 hours ago, Scandi said:

I assume your online status never updated to interview has been scheduled then?

 

 

Edited September 17, 2017 by Penguin_ie
bad language

[Scandi 3,975]

19 hours ago, Diesira59 said:

no we did not check it. I just refigured out how and sure enough it says it was sent back to the UCSIC. 

So we have proof we did not receive it. Though i hope they dont use this online checking capability against us...

You need to check up on your status to keep track of your case, you could have avoided this issue by contacting the USCIS 30 days after the status changed to "interview has been scheduled" to let them know you never received the letter, and especially contacted them as soon as the status changed to "document was sent back". It's a mistake not to keep your eyes on the case status, it's there for a reason and you can even sign up to get updates via text and/or email. With that said, the case status doesn't always update itself the way it should. But when it does it allows you to be on top of things if interview letters or RFE letters go missing..

Edited September 17, 2017 by Penguin_ie

[Going through 5,668]

7 hours ago, Diesira59 said:

Though i hope they dont use this online checking capability against us

The person might scold you for not checking it when the opportunity was available to you to stay more ontop of your own case, but no there is no legal obligation or requirement for you to check it.

 

I'm sure you realize the important, though, of checking it going forward now. 

[csk2b1 44]

So now that we've all told the OP to check the online status more often; what are their options? Start again? Request to re-open the case? .......

[Dutchster 1,106]

File a new AOS.

[Going through 5,668]

36 minutes ago, csk2b1 said:

So now that we've all told the OP to check the online status more often; what are their options? Start again? Request to re-open the case? .......

I would suggest an infopass to check into why they didn't receive the mail (possibly sent to the wrong address) and see if they can get a new interview scheduled first.

 

OP---did you move at all after your application was filed?  If so, did you submit an AR-11 to update your address with USCIS?

Edited September 17, 2017 by Going through

[sparkles_ 456]

Use your congressional representative. Like someone else said, you obviously have been getting other USCIS notices at this address, and if you have not moved then the mistake is on USCIS or the postal service.......the rep. hopefully will help you sort it out and get another interview due to the mishap but you need to see them ASAP

[Dashinka 23,306]

Personally, I would be doing both contacting my Congressperson/Senator as well as trying to get an Infopass appointment.

 

Good Luck!

[Transborderwife 4,666]

2 hours ago, Bill & Katya said:

Personally, I would be doing both contacting my Congressperson/Senator as well as trying to get an Infopass appointment.

 

Good Luck!

I second this 

[Transborderwife 4,666]

~~moved to adjustment of status from k1 as question doesn't pertain to k1 specific~~