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Grego96

i751 Denied for missing interview i have to appeal please help

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hi friends my I751 application is denied because USICS think i missed an interview. i never received it and my attorney never received it. 

i called uscis after shocking news and on the phone i talked to tier 2 officer.

he did not see any interview notice sent and my address correct in their system.

officer said their system may not be up to date so it is possible that uscis sent me a notice but i missed it. 

officer did not reopen the case and told me to file motion to reopen the case.

officer said uscis terminated my status. what does this mean? officer said i have no status now meaning i can't work legally?

 

i did not receive denial letter yet but online tool shows my notice was mailed.

anyone has experience with this? 

 

do i have any chance to re open the case? my lawyer charges me crazy dollars for this but he says we have a good chance to reopen the case. i live in texas.

please comment if you have any experience or idea

thank you.. Greg

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36 minutes ago, Grego96 said:

hi friends my I751 application is denied because USICS think i missed an interview. i never received it and my attorney never received it. 

i called uscis after shocking news and on the phone i talked to tier 2 officer.

he did not see any interview notice sent and my address correct in their system.

officer said their system may not be up to date so it is possible that uscis sent me a notice but i missed it. 

officer did not reopen the case and told me to file motion to reopen the case.

officer said uscis terminated my status. what does this mean? officer said i have no status now meaning i can't work legally?

 

i did not receive denial letter yet but online tool shows my notice was mailed.

anyone has experience with this? 

 

do i have any chance to re open the case? my lawyer charges me crazy dollars for this but he says we have a good chance to reopen the case. i live in texas.

please comment if you have any experience or idea

thank you.. Greg

Really sorry to hear it...absolutely crazy situation

of course you should appeal! You have all chances. What is your service center and when did you apply? 

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1 hour ago, Phoenix777 said:

Really sorry to hear it...absolutely crazy situation

of course you should appeal! You have all chances. What is your service center and when did you apply? 

thank you for input. i filed back in 2019. i'm so angry that this happened. uscis says i missed an interview but i never recieved it. 

i am curious if i should refile it or file a motion to reopen. problem is motion to reopen is another 700 dollars and i dont know how long it takes.

and what if they dont accept their mistake? i'm worried that uscis can just say "we sent it" and i can't prove it. 

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Filed: Citizen (apr) Country: Russia
Timeline

This might be helpful.

 

Good Luck!

 

 

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: K-1 Visa Country: Philippines
Timeline
24 minutes ago, Grego96 said:

thank you for input. i filed back in 2019. i'm so angry that this happened. uscis says i missed an interview but i never recieved it. 

i am curious if i should refile it or file a motion to reopen. problem is motion to reopen is another 700 dollars and i dont know how long it takes.

and what if they dont accept their mistake? i'm worried that uscis can just say "we sent it" and i can't prove it. 

If you have not done so, you should go to USPS.com and create an account, so you get a email every day that you have mail coming, a scan of all the 1st class mail.  It freaks me out when I see something "out for delivery" and it is not included in my mail. Perhaps they mailed it, and was never delivered.  I get neighbors mail on occasion,  and some times they get my mail. 

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16 minutes ago, Highmystic said:

If you have not done so, you should go to USPS.com and create an account, so you get a email every day that you have mail coming, a scan of all the 1st class mail.  It freaks me out when I see something "out for delivery" and it is not included in my mail. Perhaps they mailed it, and was never delivered.  I get neighbors mail on occasion,  and some times they get my mail. 

i use it. i get every mail in my email. i still didn't recieve it. 

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Filed: Citizen (apr) Country: Russia
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2 hours ago, Grego96 said:

i use it. i get every mail in my email. i still didn't recieve it. 

Wondering it there was a clerical error with sending it to the wrong address or even just getting lost or damaged in the mail.

 

Did you check the case status on both the "old" site and the "new" site?

 

Old: https://egov.uscis.gov/casestatus/landing.do

New: https://my.uscis.gov

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

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Filed: Country: India
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4 hours ago, millefleur said:

Wondering it there was a clerical error with sending it to the wrong address or even just getting lost or damaged in the mail.

 

Did you check the case status on both the "old" site and the "new" site?

 

Old: https://egov.uscis.gov/casestatus/landing.do

New: https://my.uscis.gov

Agreed checks Status online. Generally new website is frequently updated and accurate from my experience. Did you not sign up for email/text ? Never received anything ?

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i check it and it doesn't show anything after biometris.

yes i have everything setup but i didn't get the notice. 

 

if i send motion to reopen, will they just believe me and my attorney and open the case or i don't know how i can prove this. i don't want to lose all the money and chance to file a new i751. thanks again

i check it and it doesn't show anything after biometris.

yes i have everything setup but i didn't get the notice. 

 

if i send motion to reopen, will they just believe me and my attorney and open the case or i don't know how i can prove this. i don't want to lose all the money and chance to file a new i751. thanks again

5 hours ago, cd37 said:

Agreed checks Status online. Generally new website is frequently updated and accurate from my experience. Did you not sign up for email/text ? Never received anything ?

 

9 hours ago, millefleur said:

Wondering it there was a clerical error with sending it to the wrong address or even just getting lost or damaged in the mail.

 

Did you check the case status on both the "old" site and the "new" site?

 

Old: https://egov.uscis.gov/casestatus/landing.do

New: https://my.uscis.gov

i check it and it doesn't show anything after biometris.

yes i have everything setup but i didn't get the notice. 

 

if i send motion to reopen, will they just believe me and my attorney and open the case or i don't know how i can prove this. i don't want to lose all the money and chance to file a new i751. thanks again

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  • 1 month later...

you mentioned you used lawyers to file. i wonder if the notice was sent to your lawyers - it could be they put their details as main contact and they missed the mail? if it's been years since they filed on your behalf, they could have thought you were no longer and active client? just wondering...

Passport 17-Feb-22 Drop-off at USPS (expedited processing and shipping) ~ 22-Feb-22 Status: In Process ~ 08-Mar-22 Passport book shipped ~ 09-Mar-22 Status: Approved. Passport book in hand.

N-400     28-Jun-21 Filed online ~ 28-Jun-21 Received NOA + "Biometrics will be re-used" notice ~ 14-Dec-21 Interview scheduled ~ 25-Jan-22 Interview. Approved. Case status: Oath will be scheduled.  ~ 01-Feb-22 Oath scheduled. ~ 14-Feb-22 Oath ceremony.   

ROC        11-Jun-20 Application sent via FedEx ~ 16-Jun-20 Case received ~ 29-Jun-20 (Old) biometrics applied to case ~ 01-Jul-20 NOA ~ 23-Dec-21 Case transferred to new office ~ 25-Jan-22 Combo interview with N400. Case approved. 

AOS        13-Oct -17 Application sent via FedEx ~ 17-Oct-17 Case received ~ 24-Oct-17 Fingerprint fee received ~ 25-Oct-17 NOA1 ~ 17-Nov-17 Biometrics ~ 23-Nov-17 Status "We are scheduling
                 your 
interview" ~ 24-Jul-18 Status "We have scheduled your interview" ~ 28-Jul-18 Interview notice received in the mail  ~ 29-Aug-18 Interview 30-Aug-18 Status "Case was approved" 
                 
04-Sep-18 Received approval / welcome letter in the mail ~04-Sep-18 Status: "Card was mailed to me" ~07-Sep-18 Green card received

EAD/AP  13-Oct Application sent via FedEx ~ 17-Oct Case received ~ 25-Oct NOA1 ~ 17-Nov Biometrics ~ 09-Jan Approved ~ 13-Jan Notice received ~ 18-Jan Combo card received

K1 Visa   28-Jun-17 Case ready (No packet 3 received) ~ 22-Jul Medical ~ 02-Aug Interview (APPROVED!) ~ 03-Aug Visa issued ~ 08-Aug VOH ~ 14-Sep POE (Abu Dhabi) ~ 01-Oct-17 Got married! 

I-129F     17-Feb-17 Petition sent via FedEx ~ 21-Feb-17 Case received ~ 24-Feb-17 NOA1 ~ 30-May-17 NOA2 12-Jun-17 NVC received / Case and Invoice numbers assigned ~ 20-Jun-17 NVC left

 

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