USCIS error - File something or hire lawyer

[SJordanS 342]

So my husband and I had our interview October 6, 2021 for adjustment I-485 from K1. We thought everything went great until:

 

- The officer handed us a "file being held for review" letter.

- On November 16, 2021 we received an RFE and started preparing

- On December 13th uploaded everything onto the USCIS portal and met the deadline which was December 21st

- I waited 60 days as told then I called USCIS in January to check on things and agent confirmed he saw all evidence and send a notice to the interviewing officer to review and get back to us within 30 days

- I went to my post office and opened a letter today which was dated March 7th and it was a denial stating we never submitted the documents required by December 21st and therefore we are considered ABANDONED. (#######!!!)

- Letter also stated we can not appeal but can file a motion to reconsider I-290b.

 

What would you all do in this case besides the obvious which is file an I-290b. Should I create an infopass and go down to the USCIS office, hire a lawyer or??

 

Thanks,

[Mike E 11,723]

1 hour ago, SJordanS said:

What would you all do in this case

File a new I-485.  Since you had an RFE the first time, consider hiring an attorney this time around.  
 

Next time you talk to USCIS by phone, make sure it is a tier 2 officer.  

[K1visaHopeful 2,661]

Did your RFE state you could submit documents online or were you told to mail them?

[SJordanS 342]

On 3/14/2022 at 10:11 PM, Mike E said:

File a new I-485.  Since you had an RFE the first time, consider hiring an attorney this time around.  
 

Next time you talk to USCIS by phone, make sure it is a tier 2 officer.  

Update: Just had an excellent lawyer file an I-290b as it was pointless to do a new I-485. It was approved in 5 weeks and green card enroute. Celebrating this part is finally over.  

[SJordanS 342]

On 3/15/2022 at 5:43 AM, K1visaHopeful said:

Did your RFE state you could submit documents online or were you told to mail them?

It said mail. But when I called USCIS to simply ask a question, they encouraged me to upload it so it wouldnt get lost and officer can see it. They would notify the officer. Well hadnt seen it and I got denied. UPDATE: Then I had an excellent lawyer file an I-290b and after 5 weeks, it was approved. Green card is enroute.  

[K1visaHopeful 2,661]

6 minutes ago, SJordanS said:

It said mail. But when I called USCIS to simply ask a question, they encouraged me to upload it so it wouldnt get lost and officer can see it. They would notify the officer. Well hadnt seen it and I got denied. UPDATE: Then I had an excellent lawyer file an I-290b and after 5 weeks, it was approved. Green card is enroute.  

You likely received incorrect info. 

Always ask to speak to a Tier 2.

For others reading: they were denied for not following instructions to mail their RFE in.

[SJordanS 342]

22 minutes ago, K1visaHopeful said:

You likely received incorrect info. 

Always ask to speak to a Tier 2.

For others reading: they were denied for not following instructions to mail their RFE in.

That is correct I did not mail it in. I'm going to add more details to anyone who has the same situation.....I took advice of Tier 1 agent (as I only called to ask a question, didn't feel it required Tier 2  agent) and it was that phone call where they encouraged me to upload it which was followed by a USCIS email instructing me how to upload evidence requested from RFE. That email was submitted with my i-290b which may have very well helped me. In retrospect had I not received the email, I would have simply mailed it in but since it was explained why its encouraged, with a follow up email I felt it was fine. Once uploaded I also took advice of the Tier 1 agent and called USCIS back and had them confirm all items were uploaded properly and clear and he at that time said he would send a message to the Immigration Officer who conducted the interview to pull items and that it was completed. Officer had not acted on the email. When I received the denial (site also said case closed) I called back into USCIS and they said they would send another message to the TO and have a Tier 2 officer call me but they would also have a Tier 2 supervisor review everything and to give it 5 days. He said get an i-290b ready just in case. Thats when I found my wonderful attorney. From the time she submitted to approval was exactly 5 weeks. They did not "re-open" the case, request updated documents, ask to re-interview, just CASE APPROVED followed by card produced next day. Thanks all. 

Edited May 20, 2022 by SJordanS
forgot a line

[Mike E 11,723]

44 minutes ago, SJordanS said:

Update: Just had an excellent lawyer file an I-290b as it was pointless to do a new I-485. It was approved in 5 weeks and green card enroute. Celebrating this part is finally over.  

Congratulations.  
 

I am surprised the I-290B worked given you didn’t follow the RFE’s instructions. With a recent Supreme Court ruling, I believe the window on such I-290Bs working has closed.  https://caselaw.findlaw.com/us-supreme-court/20-979.html

 

”Today's majority acts on its own to shield the government from the embarrassment of having to correct even its most obvious errors. ”

Edited May 20, 2022 by Mike E

[Mike E 11,723]

49 minutes ago, SJordanS said:

  pointless to do a new I-485.  

As pointless as it would be to sit on 18 at the black Jack table and instead you ask for another card and draw a 3.  
 

Your investment in a I-290B paid off and you admit that you got lucky because you had an email trail.  

[Snowy2020 1]

Which attorney did you use for the i-209b? 

[Ontarkie 13,915]

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