Petition denied. Need help

[LirikVJUser 28]

35 minutes ago, mindthegap said:

This is not correct.

An I-290B is not applicable for this, for either a motion to re-open (which would require submission of evidence not previously submitted that may affect the outcome) , or a motion to re-consider (which must be based in incorrect application of law or policy - no RFE response was received, so a denial notice is the correct course of action).

 

Mandamus is also not applicable to this for various reasons. 

 

 

The way to get this sorted is as above: ask USCIS to correct with a Service Motion - make an infopass appointment or send a letter (both would be better) to request it is re-opened, due to non-receipt of an RFE, which is expressly permitted .

USCIS may at any time reopen a proceeding or reconsider a decision on its own motion 8 C.F.R. 103.5(a)(5)

 

The alternative, rather than dealing with a faceless bureaucratic organization with no simple point of contact and little accountability,  is to simply to file a fresh I-751.

 

My suggestion - as a non lawyer but someone who has past and current experience of ALL of those options listed above, is to try the first option, exhaust that - and I see no reason it won't be re-opened IF you can get the right person to address it - and if no joy, then do the second. 

 

 

If it ultimately went to an NTA and then court, a judge would order it re-opened based on no RFE received, but depends whether you want to wait that long and have the expense & hassle when there are other options available. 

 

Do you think they'll accept a new i-751 outside the 90 window even with an explanation letter that RFE was never received?

[mindthegap 2,521]

Yes, as it’s for cause - in this case denial for non receipt of an RFE. That would be a reasonable excuse for a late filing, plus the original one was filed on time. 
 
Other avenues to exhaust before that though 

Edited April 14, 2021 by mindthegap

[willnmahi 2]

We were finally able to get someone on the phone. The gentleman looked up the case and said that although it was denied, he didn't see any reason why. He didn't show where they even sent out a RFE notice. He said mistakes do happen sometimes so this is definitely on them. The best he could do was escalate it to tier 2 and he said they will call me after 72 hours. I'm hoping they have the power to reopen the case once they are able to see that it was a mistake on their part. 

[mindthegap 2,521]

12 minutes ago, willnmahi said:

I’m hoping they have the power to reopen the case once they are able to see that it was a mistake on their part. 

They do - it’s written in law & policy. 
 

Try not to worry too much. 

[Sarge2155 4,570]

21 minutes ago, willnmahi said:

We were finally able to get someone on the phone. The gentleman looked up the case and said that although it was denied, he didn't see any reason why. He didn't show where they even sent out a RFE notice. He said mistakes do happen sometimes so this is definitely on them. The best he could do was escalate it to tier 2 and he said they will call me after 72 hours. I'm hoping they have the power to reopen the case once they are able to see that it was a mistake on their part. 

That is a bit of good news please keep us posted.

[RamonGomez 259]

1 hour ago, Sarge2155 said:

That is a bit of good news please keep us posted.

Keep your phone on you at all times (even in the can and the shower), and make sure to turn off any spam-call filtering! The one time we got a T2 callback it was at 9PM and our phone marked it as "SPAM CALL"...