FED UP! Petition for Adjustment of Status WRONGFULLY denied

[Violetta 14]

"Good" morning everyone, 

 

I just want to rant for a second and to put out there my current situation in case someone else is having/has had the same issue. I'll try to make it short...

 

After 10 long months from filing, on Sept 14, I got a notice in the mail with my interview mail, yay! But not really.....
Of course my interview was scheduled Oct 15th, which fell exactly in between my 3-week vacation we planned MONTHS in advance.The only 3 weeks of the year I am out of the country........fml

 

Anyways, I call USCIS on Sept 16th to request a reschedule. I talk to a representative that asks me all the required questions and informs me that my request has been sent and that I would hear back in within 30 day. So in the meantime we (my husband and I) pack out bags and happily leave for vacay. When we got back (on October 26th) I noticed that we still didn't get a new date so I started worrying, but then I thought it might just take longer, you know how it is...

I let a couple more weeks go by and then I file an e-request (this was last week) saying that I requested a reschedule but stil l didn't hear anything...
Well, yesterday I check the damn mailbox and we got 2 letters from USCIS, one for me and one for my husband saying that the case was denied because I failed to appear for my initial interview and didn't notify USCIS...

 

ARE YOU (removed) KIDDING ME!?!??!?!?!?!??!?!?!?!??!?

Of course it says that, if you think the decision is wrong, you can file form I-290B (notice of Appeal or Motion) and pay the designated fee of 675$, SIX HUNDRED AND SEVENTY FIVE DOLLARS AFTER I ALREADY PAID 2 GRAND TO FILE AND GOT WRONGFULLY GUDGED.

 

I am LIVID and FED UP and it's things like these that make me want to pack my little family and move back to Europe

I called USCIS again this morning and they escalated my call to a Tier 2 officer. I am waiting for a call back, which who knows when I will get...

Anyways this is my situation atm. Any words of encouragement are appreciated, I'm so over it  

If anyone has ever been in a similar situation please share your story.

Thanks for the support guys, hope you're having better luck than me.

 

- V

 

 

Edited November 12, 2019 by Unlockable

[Boiler 43,453]

It used to happen a lot, seemed a very low chance of a reschedule, now still does happen but seemingly not very often.

[Unlockable 7,306]

*** Post edited to remove foul language. Please remember to never use foul language in this site.

 

VJ Moderation

[Violetta 14]

1 hour ago, Unlockable said:

*** Post edited to remove foul language. Please remember to never use foul language in this site.

 

VJ Moderation

Sorry about that, I'm just mad lol I thought the stars*** would've been enough

[mandsophia 160]

28 minutes ago, Violetta said:

Sorry about that, I'm just mad lol I thought the stars*** would've been enough

That is so annoying, USCIS really is disorganized sometimes for such an important thing that they do.I think you'll be successful in opening the case again, not sure if they will let you waive the fee though. Sorry. Hope you hear back from them soon

[Violetta 14]

4 minutes ago, mandsophia said:

That is so annoying, USCIS really is disorganized sometimes for such an important thing that they do.I think you'll be successful in opening the case again, not sure if they will let you waive the fee though. Sorry. Hope you hear back from them soon

They really are! Ugh

 

Thanks for the good vibes

[RamonGomez 259]

You'll almost certainly get a re-scheduled interview, this exact thing has happened many times before. Some people have even gotten a denial letter for failure to appear without ever getting an interview appointment notice. It'll be a hassle and you may need to wait, but you're more than likely okay. In the absolute absolute worst case scenario you'll probably have to refile the I485. Hang in there.

 

You are lucky the I485 wasn't denied while you were away, as that could have caused issues re-entering the country on Advance Parole.

 

This exact situation is why most lawyers will advise against leaving the US until the I485 is approved unless it's an emergency.

[Violetta 14]

1 minute ago, RamonGomez said:

You'll almost certainly get a re-scheduled interview, this exact thing has happened many times before. Some people have even gotten a denial letter for failure to appear without ever getting an interview appointment notice. It'll be a hassle and you may need to wait, but you're more than likely okay. In the absolute absolute worst case scenario you'll probably have to refile the I485. Hang in there.

 

You are lucky the I485 wasn't denied while you were away, as that could have caused issues re-entering the country on Advance Parole.

 

This exact situation is why most lawyers will advise against leaving the US until the I485 is approved unless it's an emergency.

Thanks for your words of encouragement. Yeah I was thinking too that I got pretty lucky with timing, but yeah it's a pain now to try and get the case reopen. Still waiting for my Tier 2 Officer callback so we will see.

 

Thanks again

[USS_Voyager 1,971]

5 hours ago, Violetta said:

Thanks for your words of encouragement. Yeah I was thinking too that I got pretty lucky with timing, but yeah it's a pain now to try and get the case reopen. Still waiting for my Tier 2 Officer callback so we will see.

 

Thanks again

I don’t think it’s a big deal. Almost same thing happened to my brother-in-law’s naturalization interview. He applied and waited and waited and got a denial letter for failure to appear at the interview. Never got a letter with interview. We later successfully called and got another interview date. You will be just fine.

[Dashinka 23,252]

18 hours ago, Violetta said:

Thanks for your words of encouragement. Yeah I was thinking too that I got pretty lucky with timing, but yeah it's a pain now to try and get the case reopen. Still waiting for my Tier 2 Officer callback so we will see.

 

Thanks again

If all else fails, contact the USCIS Ombudsman.

 

https://www.dhs.gov/topic/cis-ombudsman

[Pitaya 2,576]

Sorry to hear of your tale of woe. Did you get the name of the first rep from 16 Sept call. These suckers can't be trusted, you have to document everything in writing, a phone call is too easy to blow off....obviously. Someone mentioned getting in touch with the CISOMB, that is a possibility. The other one that comes to mind is one of the US Senators from CA. One of them has to have an immigration liaison staffer that shake the tree at USCIS.

 

Post back with the good news....

[Violetta 14]

On 11/12/2019 at 9:11 AM, Violetta said:

"Good" morning everyone, 

 

I just want to rant for a second and to put out there my current situation in case someone else is having/has had the same issue. I'll try to make it short...

 

After 10 long months from filing, on Sept 14, I got a notice in the mail with my interview mail, yay! But not really.....
Of course my interview was scheduled Oct 15th, which fell exactly in between my 3-week vacation we planned MONTHS in advance.The only 3 weeks of the year I am out of the country........fml

 

Anyways, I call USCIS on Sept 16th to request a reschedule. I talk to a representative that asks me all the required questions and informs me that my request has been sent and that I would hear back in within 30 day. So in the meantime we (my husband and I) pack out bags and happily leave for vacay. When we got back (on October 26th) I noticed that we still didn't get a new date so I started worrying, but then I thought it might just take longer, you know how it is...

I let a couple more weeks go by and then I file an e-request (this was last week) saying that I requested a reschedule but stil l didn't hear anything...
Well, yesterday I check the damn mailbox and we got 2 letters from USCIS, one for me and one for my husband saying that the case was denied because I failed to appear for my initial interview and didn't notify USCIS...

 

ARE YOU (removed) KIDDING ME!?!??!?!?!?!??!?!?!?!??!?

Of course it says that, if you think the decision is wrong, you can file form I-290B (notice of Appeal or Motion) and pay the designated fee of 675$, SIX HUNDRED AND SEVENTY FIVE DOLLARS AFTER I ALREADY PAID 2 GRAND TO FILE AND GOT WRONGFULLY GUDGED.

 

I am LIVID and FED UP and it's things like these that make me want to pack my little family and move back to Europe

I called USCIS again this morning and they escalated my call to a Tier 2 officer. I am waiting for a call back, which who knows when I will get...

Anyways this is my situation atm. Any words of encouragement are appreciated, I'm so over it  

If anyone has ever been in a similar situation please share your story.

Thanks for the support guys, hope you're having better luck than me.

 

- V

 

 

UPDATE:

 

Thanks everyone for your positive words.

I talked to a Tier 2 Officer yesterday and she told me that there is nothing else I can do at this point but to follow the instruction on the denial notice and file a I-290B to get my case re-open. I asked if I could get an infopass appointment but she said that I can't because a decision has been made and my case has been closed. She said that I could try to mail a letter to the office that denied me explaining the situation and see if the would reconsider their decision but she also said to be careful because if I wait around for an answer to that I might miss the deadline for the I-290B

 

At this point I think I am just going to give up fighting and pay the 675$ fee for the I-290. It's a crappy situation and it makes me really mad that I have to go through this for a mistake that wasn't mine. Hoping that they will even consider my motion to reopen the case....

 

UGHHHH

[Ontarkie 13,918]

Yes call the office where your case is at. They are the ones that have the ability to reschedule. 

[Violetta 14]

UPDATE:

 

THEY RE-OPENED MY CASE WITHOUT HAVING TO GO THROUGH THE I-290B!!!! I AM SO HAPPY OMG, WHAT A RELIEF.

 

We over-nighted a letter to the officer that denied us explaining the situation and we attached all the proof we had. The Officer just called my husband cell and told him not to worry about it that he'll re-open the case and send us another interview date. He also was nice enough to provide us with his direct phone line for any other emergency. I am so happy omg! Thank you all for the support!

[SalishSea 16,776]

On 11/18/2019 at 2:18 PM, Violetta said:

UPDATE:

 

THEY RE-OPENED MY CASE WITHOUT HAVING TO GO THROUGH THE I-290B!!!! I AM SO HAPPY OMG, WHAT A RELIEF.

 

We over-nighted a letter to the officer that denied us explaining the situation and we attached all the proof we had. The Officer just called my husband cell and told him not to worry about it that he'll re-open the case and send us another interview date. He also was nice enough to provide us with his direct phone line for any other emergency. I am so happy omg! Thank you all for the support!

That is fantastic news!  Thank you for posting the update and I’m so glad they’re being reasonable.