Case Denied Due to Administrative Error: What Should I Do?

[babysnakes 6]

On 05/29/2023 I checked my online case status and discovered it was denied on 04/20. I never received the denial notice, so I requested a copy and finally got it on 06/24. It states that I did not appear for my interview on 04/17, and USCIS considers my application abandoned. 😱 The thing is, I didn't know about the interview: I never got the notice. I spoke with a very helpful USCIS agent, who said the denial looked like a mistake. According to him, there was indeed an interview scheduled on 04/17, but there is no mention of a notice being sent, and no mention of the interview in my case history online. Basically, there was no way for me to find out.

 

To make things even more complicated, the USCIS sent the first denial notice to the wrong unit number... I asked my neighbor, but he denied receiving it. According to USCIS, the letter was not returned to them so I'm fairly sure said neighbor threw it out and by the time I found out my case was denied, it was already too late to appeal. I checked with USCIS: they did have the wrong unit number on file. I had no idea because a service request made in 2021 shows the correct address. It's all very confusing.

 

To give you a little context, my interview was initially scheduled on December 3, 2021 but the USCIS agreed to reschedule because my husband and I were moving to Los Angeles at the time. My case was transferred to the Los Angeles Field Office. They didn't explain that my case would end up at the bottom of the pile and it would take 17 more months to get a new interview date, otherwise we would have done everything we could to show up for that interview (please don't guilt trip me, I already feel bad about it 😔).

 

• I spoke with an immigration attorney, but it costs $6,000 and I just can't bring myself to pay this much for an administrative error. Plus I can't really afford it anyway. 
• I am leaning towards filing a motion to reopen or motion to reconsider. We are technically outside the 33 days, but since it took 2 months to get the denial notice, they may allow it?
• Another option is to file again for AOS, pay a new filing fee and wait another 17 months. 

 

What do you think? Please share if you've had a similar experience, or if you have any information that could help me make the right decision.

Thank you!

[Timona 3,989]

@Family

[Mike E 11,730]

Indeed, @Family

[Verrou 1,906]

1. cheaper / free way : write letter to service center + local field office and explain in detail including timeline. include screenshot from USCIS website to show them that there's no interview status ever shown. basically any evidence that u can submit to help ur case stronger. send it with certified mail. on the envelope's mail for local field office write : DO NOT OPEN IN MAILROOM. write Attn. Field Office Director 

 

2. reach out to your congressperson too and explain in detail. u can actually cc the copy for point 1 to ur congressperson so they can help you

 

3. more pricey way hopefully safer : file i290B ( motion to reopen)  i saw few report on different forum, uscis quickly re-opened the case because they know they screwed up. if u can showed proof that u got the denial letter 2 months later, even better.

 

4. last resort : refile i-485 and pay the fee again. i really hate it you have to do this since it's not ur fault

 

u can send the letter ( point 1) today. i know there's no guarantee they will check or reopen, but it's nothing to lose for point 1

 

 

Edited June 27, 2023 by HaroKitty

[Family 3,587]

3 hours ago, babysnakes said:

What do you think? Please share if you've had a similar experience, or if you have any information that could help me make the right decision

Do an I-290 B . Add “ Late Filed Good Cause Exception.

due to Service Error.”

 

Mark both Motion to Reopen and Motion to Reconsider on the form.

 

Add as evidence the  correct address from the old service request , your sworn  statement  of lack of notice , if possible get neighbor from wrong unit to write a short ( notarized by JURAT ) affidavit. 
 

Your post is clear, so don’t get bogged down by legalese , just sprinkle lots of  USCIS SERVICE ERROR phrases throughout.😂
 

You will WIN…and should have a response on the I-290 B in a few weeks. If by chance I-290 B is rejected at filling , then appeal to your Congressman and hound them weekly.

 

If you have the inclination, email ombudsman and also report the problem…you won’t get any immediate relief/response nut they track issues USCIS needs to resolve.

 

[babysnakes 6]

4 hours ago, HaroKitty said:

3. more pricey way hopefully safer : file i290B ( motion to reopen)  i saw few report on different forum, uscis quickly re-opened the case because they know they screwed up. if u can showed proof that u got the denial letter 2 months later, even better.

 

Thanks so much for your reply! I agree that filing I-290B is probably a safer option, since the situation is already time-sensitive. I’ll start working on it asap. 

[babysnakes 6]

2 hours ago, Family said:

Do an I-290 B . Add “ Late Filed Good Cause Exception.

due to Service Error.”

 

Mark both Motion to Reopen and Motion to Reconsider on the form.

 

Add as evidence the  correct address from the old service request , your sworn  statement  of lack of notice , if possible get neighbor from wrong unit to write a short ( notarized by JURAT ) affidavit. 
 

Your post is clear, so don’t get bogged down by legalese , just sprinkle lots of  USCIS SERVICE ERROR phrases throughout.😂
 

You will WIN…and should have a response on the I-290 B in a few weeks. If by chance I-290 B is rejected at filling , then appeal to your Congressman and hound them weekly.

 

If you have the inclination, email ombudsman and also report the problem…you won’t get any immediate relief/response nut they track issues USCIS needs to resolve.

 

Thank you for the great advice and detailed instructions, it’s super helpful. I’ll start working on the I-290B tomorrow. 
Not sure the neighbor will be much help, since I am pretty sure he lied about the notice of denial. But I’m not ruling it out yet. 

I actually reached out to my local congressman earlier this year to enquire about the delays in my case, so I may contact him again for extra support. Thanks! 

[Family 3,587]

2 hours ago, babysnakes said:

Thank you for the great advice and detailed instructions, it’s super helpful. I’ll start working on the I-290B tomorrow. 
Not sure the neighbor will be much help, since I am pretty sure he lied about the notice of denial. But I’m not ruling it out yet. 

I actually reached out to my local congressman earlier this year to enquire about the delays in my case, so I may contact him again for extra support. Thanks

You can draft the sworn affidavit of your neighbor: short and simple “ I Mr Good Neighbor live at xyz for xx years. I have not  received any USCIS correspondence addressed  to @babysnakes . “. Buy ( or bake) him a lemon cake and bottle of champagne ( old world style ) and tell him it’s life /death mattter.

 

It doesn’t matter that you doubt him. weight will be given that substantiates USCIS rep spinning tale of “wrong unit”.

[Family 3,587]

18 minutes ago, Family said:

I actually reached out to my local congressman earlier this year to enquire about the delays in my case, so I may contact him again for extra support. Thanks

They can do nothing at this stage, to be effective wait til  AFTER you file I-290 B and have receipt/ confirmation. Then ask congressional Liason to intercede and point out Motion is for Service Error and ask them to expedite (.. possible job loss, for example)….otherwise they just placate you.

[igoyougoduke 1,623]

13 hours ago, Family said:

You can draft the sworn affidavit of your neighbor: short and simple “ I Mr Good Neighbor live at xyz for xx years. I have not  received any USCIS correspondence addressed  to @babysnakes . “. Buy ( or bake) him a lemon cake and bottle of champagne ( old world style ) and tell him it’s life /death mattter.

 

It doesn’t matter that you doubt him. weight will be given that substantiates USCIS rep spinning tale of “wrong unit”.

may i add a 6 pack of beer to the package 

[babysnakes 6]

1 minute ago, igoyougoduke said:

may i add a 6 pack of beer to the package 

 

13 hours ago, Family said:

You can draft the sworn affidavit of your neighbor: short and simple “ I Mr Good Neighbor live at xyz for xx years. I have not  received any USCIS correspondence addressed  to @babysnakes . “. Buy ( or bake) him a lemon cake and bottle of champagne ( old world style ) and tell him it’s life /death mattter.

 

It doesn’t matter that you doubt him. weight will be given that substantiates USCIS rep spinning tale of “wrong unit”.

well, I'm pretty mad at him for throwing my denial notice in the trash and lying to me about it. The copy of the denial notice I received did have his unit number on it. I'm 100% sure he got it, so I don't feel good about having him lie in a sworn statement. 

[Mike E 11,730]

2 minutes ago, babysnakes said:

I'm 100% sure he got it, so I don't feel good about having him lie in a sworn statement. 

@Family if he tells the truth and says he tossed it in the trash, does that help @babysnakes ?

[igoyougoduke 1,623]

55 minutes ago, babysnakes said:

 

well, I'm pretty mad at him for throwing my denial notice in the trash and lying to me about it. The copy of the denial notice I received did have his unit number on it. I'm 100% sure he got it, so I don't feel good about having him lie in a sworn statement. 

how is any of this going to help your case.  its your problem 

[Family 3,587]

11 hours ago, Mike E said:

11 hours ago, babysnakes said:

I'm 100% sure he got it, so I don't feel good about having him lie in a sworn statement. 

@Family if he tells the truth and says he tossed it in the trash, does that help @babysnakes ?

Even saying he tossed it ( inadvertently 😂) would be fine. But it’s not absolutely needed ..and OP doesn’t want to believe him or play nice to accomplish goal. 

[babysnakes 6]

I’m back with an update - thought it might be helpful for anyone who finds themselves in my situation. 
On 06/29/2023 I filed Form I-290B Notice of Appeal, motion to reopen/reconsider. About 75 days later I received the response: my appeal was successful and USCIS will be reopening my case.

Fingers crossed it will pick up where we left off and I’ll receive a new interview date shortly. I’ll post again when I have more info. 
Thank you @Family for your precious guidance! Grateful for this community.