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Blancaca

485 denied for parent AOS

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I, as a US citizen, applied my mother to adjust of status while she was in the states with B2 visa. We filed 130, 485, 765 concurrently in January 2018. On May 09, 2018, we received a courtesy letter stating that 693 was not submitted, and I will be required to submit it at a later date following instruction: if receive interview notice, must bring 693 to the appointment. Also on the letter, they capitalized: DO NOT MAIL DOCUMENTS. In June , 2018, working authorization was approved and card was received. For 485, there was no update since the courtesy letter on May 9. Then we received the DECISION DENIAL letter in November , 2018, saying that we abandoned our case for not responding to their request of evidence on May 9 . We actually received nothing asking us for evidence other than the courtesy letter. The decision was made without appeal. I'm seeking for your help to see if there is a possibility to have Orlando Office to review and reopen my case, or should I just re-file the whole packet for my mother within the 33 day period? If I file the Motion to Reopen, or re-file, could my mother continue to stay in the US legally while waiting for their decision? Thank you for your time reading this. I really appreciate!

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One of our friendly Mods will move this to the correct forum.

 

Sounds like the screwed up if they did not ask for anything else on the 9th May, just the one notice I take it

 

 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I'm sorry this happened to you. You are correct not to send them I-693, but it is because of that courtesy letter, then it is their mistake, and you need a lawyer, like now. Make an infopass and ask for what other RFE you have got, and explained you never received anything else. Have you recently moved? Hope everything works out. 

Edited by Charmss

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I have never received any RFE letter requesting for anything. The only letter I received was a courtesy letter on May 9, and in the letter they said they will give me another notice at a later date. Then in November, I received the denial letter stating that I didn't respond to their request on May 9, so they make my case abandoned. I feel so innocent. How can I respond to anything that I've never received? I've talked to an attorney, she said courtesy letter is NOT RFE letter. Also they stated DO NOT MAIL DOCUMENTS on the courtesy letter, that's why I kept waiting. More to mention, my case on the website had never gotten any update since January. 

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On 12/2/2018 at 7:21 PM, Blancaca said:

I have never received any RFE letter requesting for anything. The only letter I received was a courtesy letter on May 9, and in the letter they said they will give me another notice at a later date. Then in November, I received the denial letter stating that I didn't respond to their request on May 9, so they make my case abandoned. I feel so innocent. How can I respond to anything that I've never received? I've talked to an attorney, she said courtesy letter is NOT RFE letter. Also they stated DO NOT MAIL DOCUMENTS on the courtesy letter, that's why I kept waiting. More to mention, my case on the website had never gotten any update since January. 

I am so sorry this happened to you. It is clearly USCIS error. I would reach out to your US Senator(s). https://www.senate.gov/senators/contact

Congressperson https://www.house.gov/representatives/find-your-representative

Ombudsman https://www.dhs.gov/case-assistance

 

Finally, I would also inform the Office of the Inspector General. They will investigate and ensure that this mistake does not affect others. https://www.uscis.gov/about-us/report-uscis-misconduct/report-uscis-employee-misconduct


Marriage-based AOS - Concurrent filing.
03/14/2018 - AOS package sent via FedEx to Chicago Lockbox.
03/16/2018 - FedEx confirmation of delivery to USCIS.
03/28/2018 - Four Email/Text notifications 11:18pm; 11:21pm; 11:24pm; 11:27pm.
04/02/2018 - Four I-797 Notice of Action letters received by mail.
04/06/2018 - Biometrics Appointment Notice for 04/18/17.
04/12/2018 - Biometrics Walk-in - Mission accomplished.
04/13/2018 - "We reviewed your biometrics and are still processing your case" - updated 04/15/2018

04/23/2018 - "Case is ready to be scheduled for an interview"

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this is a horrible situation to be in. I am so sorry that this happened to you. 
That is why it is always better to call. I called at least 3-4 times after i got a similar letter just to verify that they really did not need anything from me until the interview date. 


Relax, this is not a race.

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On 12/2/2018 at 8:21 PM, Blancaca said:

I have never received any RFE letter requesting for anything. The only letter I received was a courtesy letter on May 9, and in the letter they said they will give me another notice at a later date. Then in November, I received the denial letter stating that I didn't respond to their request on May 9, so they make my case abandoned. I feel so innocent. How can I respond to anything that I've never received? I've talked to an attorney, she said courtesy letter is NOT RFE letter. Also they stated DO NOT MAIL DOCUMENTS on the courtesy letter, that's why I kept waiting. More to mention, my case on the website had never gotten any update since January. 

Wait, is this attorney your attorney who filed this case? 

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