DENIALS FOR MISSING INTERVIEW 2025

[LULA19 1]

CR1 FILED AOS FORMS.  It Seems they mail the notice with interview date, but we never received the letter, and it was not returned to them either. They assumed the case was abandoned. We just received the notice that both cases were denied we cannot appeal just try to reopen or start from scratch.  Has anyone experience this ?? do you file one I290B or two??

 

Thank you.

Edited Tuesday at 10:47 PM by LULA19

[OldUser 9,862]

I'd just file a new case.

I-290B is typically used when USCIS makes a mistake. Missing the interview is not a mistake by USCIS.

 

What case are you talking about?

CR1 does't need to do AOS, they're already a resident when entering the US on immigrant visa.

Edited Wednesday at 02:23 AM by OldUser

[S2N 296]

1 minute ago, OldUser said:

I'd just file a new case.

I-290B is typically used when USCIS makes a mistake. Missing the interview is not a mistake by USCIS.

There’s also a fairly strong likelihood that adjudicating the I-290B takes longer than filing a new case since they’re adjudicating AOS from January now.

[OldUser 9,862]

Just now, S2N said:

There’s also a fairly strong likelihood that adjudicating the I-290B takes longer than filing a new case since they’re adjudicating AOS from January now.

What's weird is CR-1 filing AOS.

AOS is not required when entering the US on immigrant visa.

 

Are you talking about removal of conditions on 2 year GC, @LULA19?

[S2N 296]

2 minutes ago, OldUser said:

What's weird is CR-1 filing AOS.

AOS is not required when entering the US on immigrant visa.

 

Are you talking about removal of conditions on 2 year GC, @LULA19?

Yeah, I was confused on that too. My guess was that since AOS is presented as changing class of admission from one thing to another where there’s an available visa, they got confused on the terminology.

 

If it’s actually AOS, filing a new case is almost certainly better since it’s quicker than I-290B.
 

For removal of conditions I’d say the same, but for the reason that screwing around for a year waiting to see if they let you interview on the old petition isn’t a good idea in the current environment.

[LULA19 1]

Sorry for the confusion. Yes. we filed AOS and never received the notice.  We were not sure if need the 290B for the i485 or the I130 because of the same language. We learned it will be only for the I485. Some people advice to start fresh and others to take the chance with 290-B. I read here similar stories and cases were reopen. We have a statement of neighbor who found the notice on her mailbox. We went to post office but since the USCIS does not have a track number they can not help.  

[smilingstone 589]

Why did you file AOS though, as a CR1? 

[LULA19 1]

My mistake no CR1. We are doing AOS.   

[smilingstone 589]

53 minutes ago, LULA19 said:

My mistake no CR1. We are doing AOS.   

 

So you just need to refile ASAP.

 

You said the mail ended up in your neighbor's mailbox. Was the letter addressed to your home, but placed in the wrong mailbox by USPS? Or was it addressed to your neighbor?

 

You'd only have a chance with motion to reopen if the letter was incorrectly addressed by USCIS. If USPS just put it in the wrong mailbox, that's no fault of USCIS so I-290B wouldn't apply. As others say it would just be quicker to refile a new AOS petition.

 

Did you not create an account on USCIS site and link your petition(s)? You can register for email/text alerts when there is a change in your case, and they normally upload digital copies of all letters they mail out to you. If you didn't do this before, then you should do this for round 2. Through this you often become aware of anything important long before the mail arrives (if it ever arrives, as in your situation).

[LULA19 1]

Yes. When we called the USCIS the address was good in our names, but the denial was delivered in our neighbor's mailbox and the envelope from may still missing. the post office just said they cannot help because there no track number. Our Neighbor is willing to give us a declaration that Usis envelopes were delivered to her in error.  WE check and 290B cost $800 now.  

[OldUser 9,862]

19 minutes ago, LULA19 said:

Yes. When we called the USCIS the address was good in our names, but the denial was delivered in our neighbor's mailbox and the envelope from may still missing. the post office just said they cannot help because there no track number. Our Neighbor is willing to give us a declaration that Usis envelopes were delivered to her in error.  WE check and 290B cost $800 now.  

Before proceeding with I-290B, just know there is potential it may be denied in case if USCIS doesn't see this as their fault.

You also don't get anything that would allow you to get EAD or reentry permit off when using I-290B.

 

For the future, it's really in your interest to proactively monitor your case status using USCIS website or third party tracker. You can also sign up for free for USPS Informed Delivery and know when mail is heading your way.

 

It's really easy to avoid problems you had, in 2025 with technology we have available.

 

Good luck!

Edited Wednesday at 10:54 PM by OldUser

[LULA19 1]

Thank you. Yes, I read about the EAD but thanks God the EAD STILL good through other relief. We read about other similar stories where people missed their interviews for things they could not control and were reopen.