I-485 denied - interview letter never received

[hamlet2012 1]

Hello, this is my first time posting and I would appreciate any advice people have. 

 

My husband's I-485 was denied because we did not show up to our April 1, 2019 interview. However, we never received a letter regarding the interview. 

 

Some things to know: 

- The denial letter states we have 30 days to file a motion to reopen or reconsider the case using Form I-290B. 

- USCIS definitely knows our address because they sent us other letters to this address, including one at the end of February 2019.

- We could not check the status of my husband's case online because it always resulted in an error message. I know we could have called the USCIS phone number to check, but we rarely did because it never provided any real information. Since we received other mail from USCIS, we did not think the interview letter would have trouble arriving. I wish now that we had signed up for text message updates and USPS updates, but I had no idea these existed and again, I didn't think USCIS would try to send us the interview letter, fail, and then never try again with an email or a simple phone call. 

- We cannot schedule an InfoPass appointment because NYC & its boroughs are currently not accepting any. 

- We are scheduled to meet with a free CUNY Citizenship Now lawyer this week, and our Congresswoman next week. I have also sent an email request to our US Senator. 

 

My questions are:

1. How can we find out information on the interview letter (supposedly) sent in April? I called the USCIS line and the woman was completely unhelpful. I want to know if they can prove it was delivered and what address it was delivered to. 

2. Do I need a lawyer? 

3. Is it possible to get the Form I-290B $675 fee refunded or waived?

4. Is it possible to skip filing Form I-290B altogether and ask for an immediate interview?

5. If I end up filing Form 1-290B, what sort of evidence should I add to the case? I have proof that my husband was working in NYC in April and that we have lived at this current address since January. I also have an email confirmation from USCIS dated January 7, 2019 stating that they received our change of address. 

6. Does InfoPass in NYC accept walk-ins? 

7. If this situation has happened to someone before, was the outcome favorable?

 

Thank you so much. 

 

 

[Allaboutwaiting 2,500]

I'm truly sorry you got denied. 

 

To know when the letter was sent, you must talk to a Tier 2 agent. Unlike agents at costumer service, they are immigration officers, and have full access to your online files, updates and history. Once you're able to contact a Tier 2, explain your case and ask him/her to schedule an Infopass at your local office. 

 

The motion to reopen/ reconsider requires a lawyer, as each is different -one asks for the case to be reviewed with existing evidence while the other offers new evidence-. From what I've read so far, the fee cannot be waived. 

 

Not to give you false hopes, but I think I read not long ago, someone being able to have the interview rescheduled after being denied. I'll try searching for that case and if I find it, I'll link it here. 

 

The only other choice would be filing again, which of course, is the least convenient. 

 

Hope everything gets sorted out soon.

 

[Crazy Cat 39,213]

Personally, I would be on the phone with USCIS right now speaking to a supervisor.......and I would ask, plead, beg for an interview.......

[Nicola and Jordan 668]

49 minutes ago, hamlet2012 said:

Hello, this is my first time posting and I would appreciate any advice people have. 

 

My husband's I-485 was denied because we did not show up to our April 1, 2019 interview. However, we never received a letter regarding the interview. 

 

Some things to know: 

- The denial letter states we have 30 days to file a motion to reopen or reconsider the case using Form I-290B. 

- USCIS definitely knows our address because they sent us other letters to this address, including one at the end of February 2019.

- We could not check the status of my husband's case online because it always resulted in an error message. I know we could have called the USCIS phone number to check, but we rarely did because it never provided any real information. Since we received other mail from USCIS, we did not think the interview letter would have trouble arriving. I wish now that we had signed up for text message updates and USPS updates, but I had no idea these existed and again, I didn't think USCIS would try to send us the interview letter, fail, and then never try again with an email or a simple phone call. 

- We cannot schedule an InfoPass appointment because NYC & its boroughs are currently not accepting any. 

- We are scheduled to meet with a free CUNY Citizenship Now lawyer this week, and our Congresswoman next week. I have also sent an email request to our US Senator. 

 

My questions are:

1. How can we find out information on the interview letter (supposedly) sent in April? I called the USCIS line and the woman was completely unhelpful. I want to know if they can prove it was delivered and what address it was delivered to. 

2. Do I need a lawyer? 

3. Is it possible to get the Form I-290B $675 fee refunded or waived?

4. Is it possible to skip filing Form I-290B altogether and ask for an immediate interview?

5. If I end up filing Form 1-290B, what sort of evidence should I add to the case? I have proof that my husband was working in NYC in April and that we have lived at this current address since January. I also have an email confirmation from USCIS dated January 7, 2019 stating that they received our change of address. 

6. Does InfoPass in NYC accept walk-ins? 

7. If this situation has happened to someone before, was the outcome favorable?

 

Thank you so much. 

 

 

Hi can I ask when did you file? 

[Ontarkie 13,913]

~~Moved to AOS Family K1/K3, from K1 P&P - As this is no longer a K1 processing question but and AOS question~~

[Going through 5,668]

2 hours ago, hamlet2012 said:

I want to know if they can prove it was delivered and what address it was delivered to. 

There's no way for them to prove it was delivered...on the flip side, there'd be no way for you to prove to them it wasn't received either.

 

2 hours ago, hamlet2012 said:

2. Do I need a lawyer? 

Not necessarily.

 

2 hours ago, hamlet2012 said:

3. Is it possible to get the Form I-290B $675 fee refunded or waived?

No refunds.  Waived if you can show an inability to pay, AND,  only if the underlying  application was fee exempt, the fee was waived, or it was eligible for a fee waiver.  In other words, if you paid a fee for the i-1485 to be processed originally, you cannot have the fee waived for the appeal of that same application.

 

2 hours ago, hamlet2012 said:

4. Is it possible to skip filing Form I-290B altogether and ask for an immediate interview?

Some people have had luck with pleading their case over the phone with a compassionate T2 officer who then puts them back into the queue for interview scheduling, and then a new interview letter sent out for a later date.  "Immediate" is unlikely, however.

 

2 hours ago, hamlet2012 said:

If I end up filing Form 1-290B, what sort of evidence should I add to the case? I have proof that my husband was working in NYC in April and that we have lived at this current address since January. I also have an email confirmation from USCIS dated January 7, 2019 stating that they received our change of address. 

You can certainly send the change of address receipt...again, though, that won't prove that USPS didn't deliver the letter to your home/prove that you never received it.  The fault may very well be with USPS, not USCIS in the appointment letter not being delivered (like you said, you've received mail from USCIS already at your new address before).  

 

2 hours ago, hamlet2012 said:

6. Does InfoPass in NYC accept walk-ins? 

They no longer accept walk-ins.  You will have to phone USCIS and request an appointment for Infopass over the phone.

 

 

 

Edited July 1, 2019 by Going through

[hamlet2012 1]

On 7/1/2019 at 5:51 PM, Nicola and Jordan said:

Hi can I ask when did you file? 

August 2017

[hamlet2012 1]

Thanks for your replies, everyone!

 

We finally managed to talk to a Tier 2 agent on the phone and (despite what the first agent told us), USCIS sent the interview letter to our old address in April! Even though it's clearly logged in their system that in January, we changed our address. The agent apologized and said it was a mistake on their end. I am so thankful this information was kept, because otherwise, I don't know what we would have done... 

 

The agent said he couldn't make promises, but that he is explaining what happened in a report and he hopes the NY office will rescind our I-485 denial and give us a new interview date. It seems this is the only logical conclusion, as now there is proof that we never received the letter, but I guess you never know what could happen. So even though I am very happy, I'm trying not to be too happy? 

 

Someone will contact us via email with their decision this week. When that happens, I'll post again on here (in case this situation happens to someone in the future). 

[Going through 5,668]

41 minutes ago, hamlet2012 said:

Thanks for your replies, everyone!

 

We finally managed to talk to a Tier 2 agent on the phone and (despite what the first agent told us), USCIS sent the interview letter to our old address in April! Even though it's clearly logged in their system that in January, we changed our address. The agent apologized and said it was a mistake on their end. I am so thankful this information was kept, because otherwise, I don't know what we would have done... 

 

The agent said he couldn't make promises, but that he is explaining what happened in a report and he hopes the NY office will rescind our I-485 denial and give us a new interview date. It seems this is the only logical conclusion, as now there is proof that we never received the letter, but I guess you never know what could happen. So even though I am very happy, I'm trying not to be too happy? 

 

Someone will contact us via email with their decision this week. When that happens, I'll post again on here (in case this situation happens to someone in the future). 

I'm glad to got someone helpful!  Keep on top of it---if you don't hear from them via email in a week, reach out to them again to find out if you're back in the queue for an interview.  The next T2 agent you speak to on the phone will be able to see the inquiry the first agent put through, as well as any notes---so you won't have to explain your whole story again to him/her.