AOS denial - please help

[Anastasia 1]

I started the same topic yesterday night, but everything disappeared this morning So here's my story again...

I received RFE a while ago for a medical examination. The RFE wording wasn't clear and I didn't understand why would I be asked to do the medical again since I had one done already less than a year ago by that time. So I thought it's asking for a vaccination supplement. My husband called their help line to make sure and the lady on the phone told him that we understood the RFE correctly and all it asks for is the vaccinations supplement. So we sent that. Now I received a letter saying that my AOS is denied since we didn't send in all the requested documents - the medical examination.

So what am I doing next? Please help me I was given 30 days to appeal on that decision, but no instructions on how to do so. I have no idea how much that would be effective and what are my other options, if I have any at all...

[frndly1 1]

It sounds like you will have to get a medical exam, they dont have the results of the one you took for your initial visa. Then send it in with a explanation that you had tried to find out what they were actually looking for and you were misinformed.

[sjoefl01 1]

I don't think I would just get a medical exam and mail it to them. You should call and set up an ifopass to talk to somebody. I would also be reading up on the appeal process.

[aussiewench 9]

Here is some info about appeals and motions to reopen. Perhaps someone more in the know on motions to reopen will be able to say for certain whether that would apply for you. On looking at it, it appears you may.

http://uscis.gov/graphics/howdoi/aau.htm

[Anastasia 1]

Thank you for your replies, I made an infopass appointment for friday and we'll see what they'll advice us to do. I'm not even sure if I can trust any advices from the immigration officers anymore considering what happened now after we followed one of such advices from their help line... Does anybody know about any other people here who had their AOS application denied? I would like to contact them to see what they were doing about it.

[ladi2005 0]

it is gonna cost you a little bit if the USCIS does not tell you anything at the infopass ($385). If I were you I would send them the medical** again**satisfy them (uscis) than refusing to because it was less than one year. It is very hard to win aganist a FEDERAL agency ( it may be doable but very hard) Good luck

[Anastasia 1]

it is gonna cost you a little bit if the USCIS does not tell you anything at the infopass ($385). If I were you I would send them the medical** again**satisfy them (uscis) than refusing to because it was less than one year. It is very hard to win aganist a FEDERAL agency ( it may be doable but very hard) Good luck

Cost me for what?

And it's not like I refused to do the medical, it's their help line that told me I don't need to! If I would know that's what they want from me I would give it to them right away.

[motu 5]

Cost me for what?

For the medical exam! Some of them can cost a pretty penny or several pretty 'C' notes. Good luck

[kc456 0]

If you shop around, you may not have to pay as much. I got quotes for a medical exam from $500 to $120, from next day to 2 wks out. Mine ended being $140 (this included a physical and blood work, but no vaccinations, which you probably don't need anyway, since you have a complete supplement). Shop around. You may want to do the medical right away.

And keep us posted on how things go.

[mawilson 2,133]

And it's not like I refused to do the medical, it's their help line that told me I don't need to! If I would know that's what they want from me I would give it to them right away.

Unfortunately, calling the help line doesn't work as an excuse to avoid re-doing the medical which is clearly

what the RFE was about. I have no idea why they asked you to re-do the medical, but I'm sure they had

their reasons, and acting in defiance of their request was not a smart thing to do.

If I were you, I'd hire a lawyer NOW. It's a very serious matter -- the appeal is pretty much your last chance

to stay in the country -- if you screw it up like you did the medical, you'd have to LEAVE.

Good luck

Mark

[sjoefl01 1]

Damn Mark,

That was pretty cold. I really don't think we are looking at deportation right now. This was an honest mistake. For some reason the USCIS is going against the code of federal regulations and asking for exams that are very clearly against the law. I don't know what the deal is but I don't think anybody here is being removed because they did not take a second exam.

I think the OP will probably have to take the exam and may even have to pay again for the adjustment appilcation, but lets please not scare the ###### out of this person.

And it's not like I refused to do the medical, it's their help line that told me I don't need to! If I would know that's what they want from me I would give it to them right away.

Unfortunately, calling the help line doesn't work as an excuse to avoid re-doing the medical which is clearly

what the RFE was about. I have no idea why they asked you to re-do the medical, but I'm sure they had

their reasons, and acting in defiance of their request was not a smart thing to do.

If I were you, I'd hire a lawyer NOW. It's a very serious matter -- the appeal is pretty much your last chance

to stay in the country -- if you screw it up like you did the medical, you'd have to LEAVE.

Good luck

Mark

[kc456 0]

If the RFE asked for a new medical, I would do it right away, before the appt on Friday, or at least schedule one now.

[mawilson 2,133]

Damn Mark,

That was pretty cold. I really don't think we are looking at deportation right now. This was an honest mistake. For some reason the USCIS is going against the code of federal regulations and asking for exams that are very clearly against the law. I don't know what the deal is but I don't think anybody here is being removed because they did not take a second exam.

I think the OP will probably have to take the exam and may even have to pay again for the adjustment appilcation, but lets please not scare the ###### out of this person.

Are you kidding me?! Her AOS was DENIED -- of course we're looking at deportation! And no, she can't

just re-submit the RFE after it was denied -- they will simply return it because the case is now CLOSED.

It is very very serious. She needs to file a motion to reopen the case and she needs to do it right.

A motion to reopen is more appropriate than an appeal in this case, because there are "new facts" which

would have certainly changed the outcome of the case had they been discovered before the original

petition was denied.

[kc456 0]

Wow, that serious?

[sjoefl01 1]

I guess only time will tell if the OP is deported or not. I did not mean to downplay the seriousness of the denial. I just doubt that ICE will remove this person while the case is more or less still pending. We'll keep an eye on this one and see who is correct!

I see 3 options:

1. Take the exam and beg at an ifopass. Maybe there is still something that can be done on the original petition.

2. Take the exam and file a motion to reopen or an appeal.

3. Take the exam and file another I 485.

I have read stories of people that chose to file again ( as opposed to appeals ). It might not hurt to ask a lawyer about this. Regardless of your choice, I would get something done soon.

Damn Mark,

That was pretty cold. I really don't think we are looking at deportation right now. This was an honest mistake. For some reason the USCIS is going against the code of federal regulations and asking for exams that are very clearly against the law. I don't know what the deal is but I don't think anybody here is being removed because they did not take a second exam.

I think the OP will probably have to take the exam and may even have to pay again for the adjustment appilcation, but lets please not scare the ###### out of this person.

Are you kidding me?! Her AOS was DENIED -- of course we're looking at deportation! And no, she can't

just re-submit the RFE after it was denied -- they will simply return it because the case is now CLOSED.

It is very very serious. She needs to file a motion to reopen the case and she needs to do it right.

A motion to reopen is more appropriate than an appeal in this case, because there are "new facts" which

would have certainly changed the outcome of the case had they been discovered before the original

petition was denied.