How to Establish Case Not Abandoned

[Eric The Wait 40]

Removal of Conditions I-751 Packet sent in Jan. 11, 2019.

Didn't receive e-mail acknowledgment of packet desipte filling out the form.

Did change of address form years ago. Totally ignored.

Didn't receive NOA Extension letter.

Called USCIS and informed them Extension Letter not received. 

They sent Extension Letter after I bitched about not receiving it.

At same time received Biomechanics Appointment letter, with just a few days notice to show up for that on Feb 22, 2019.

We showed up for Biomechanics appointment. I requested they stamp and sign the original letter so I could prove my wife was there.  

I signed up for MyUSCIS which just says case received. No acknowledgement on there that Biomechanics is already done.

RFE's are increasing, according to data I have reviewed. I have no faith that REF letters would be sent to us and I am concerned MyUSCIS website would ever indicate an RFE is sent.

RFE's have deadlines and my understanding is that the DOJ at highest level has stripped immigration judges from any discetion to avoid deportation for those who abdandon their case. Failure to respond to an RFE is deemed an abandonment...period, end of story, get on a plane out.... to the best of my understanding. 

So, if an RFE is sent to the wrong address, which I'll never know, we can't respond in time and that's automatic deportation because DOJ controls the Immigration Courts and has stripped the judges of any discretion in such matters. (Correct me if I am wrong.)

Two questions: How can we possibly confirm whether RFE has gone out? (I have no faith that they will communicate with us to our correct address.)

If anyone believes my understanding about automatic deportation for those who fail to respond to RFE on time is inaccurate, I would welcome substantive advice on that subject. A lot of people on here know more than me so I welcome being educated.

While I may sound paranoid, I think my wife getting deported because USCIS says we abandoned a case is reason for concern. I don't want to just sit back and have my family destroyed by an unforgiving process. Thank you for any suggestions.

 

[NikLR 13,220]

Call the USCIS and confirm your address. 

[Eric The Wait 40]

9 minutes ago, NikLR said:

Call the USCIS and confirm your address. 

Ahh, sometimes the obvious is most elusive.

Thanks so much for this comment!!!

I will do so on Monday. 

[mindthegap 2,521]

41 minutes ago, Eric The Wait said:

Failure to respond to an RFE is deemed an abandonment...period, end of story, get on a plane out.... to the best of my understanding. 

Wrong.

 

41 minutes ago, Eric The Wait said:

So, if an RFE is sent to the wrong address, which I'll never know, we can't respond in time and that's automatic deportation because DOJ controls the Immigration Courts and has stripped the judges of any discretion in such matters. (Correct me if I am wrong.)

Also wrong

 

41 minutes ago, Eric The Wait said:

If anyone believes my understanding about automatic deportation for those who fail to respond to RFE on time is inaccurate, I would welcome substantive advice on that subject. 

You are correct that a case can be denied because of failure to respond to an RFE. However, if this is due to their error, or mail not received, this can be re-opened by USCIS. It happens more than you think, due to their flaky systems.

A denial in no way equals automatic deportation or loss of status. You are a LPR, and entitled to a hearing with an immigration judge, who is the only person who can terminate your LPR status, despite what you may read.

It goes; letter informing of denial citing the sections of INA relevant to your case  -> NTA (notice to appear) -> hearing ->  final order of removal.

At any time, including during or between any of those steps, you can file a new I-751, or multiple I-751s, which must be adjudicated by USCIS before any hearing can commence or continue.

 

 

 

 

You have the extension letter, you have done the biometrics, so at the moment your case is fine.

So, electronically file an I-90 for a change of address, THEN update the address within my USCIS,  and THEN call the mis-information line to confirm the change.

You should then receive confirmation via email and mail of this change (which is your proof should it be sent to an old address or something).

Then there is nothing you can do, but to wait for an RFE (if any ever appears), or an interview (if one ever gets scheduled), or approval.

 

If I had one piece of advice I have learnt during my continuing USCIS sponsored extended nightmare, it is not to stress over stuff you have no control over, and deal with it if and when it happens. Otherwise, it will drive you insane.  You can't control if USCIS will send an RFE. You can't control when they will send you an RFE. So don't stress over it. Make sure your details are up to date, and then just wait.

Edited November 2, 2019 by mindthegap

[Villanelle 4,121]

1 hour ago, mindthegap said:

If I had one piece of advice I have learnt during my continuing USCIS sponsored extended nightmare, it is not to stress over stuff you have no control over, and deal with it if and when it happens. Otherwise, it will drive you insane.  You can't control if USCIS will send an RFE. You can't control when they will send you an RFE. So don't stress over it. Make sure your details are up to date, and then just wait.

^^^this. 

[Pitaya 2,576]

And make sure that you made a proper change of address with USPS.

 

https://www.uscis.gov/addresschange