AOS denial - please help

[aussiewench 9]

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...

Redo your medical regardless who you think was in the wrong. It doesn't matter if you feel they gave you incorrect information. You have a denial now and that is what you have to focus on totally. Redo your medical and file a motion to reopen. Am thinking you may also need to file the motion to appeal as well from the way this reads. A meeting with an attorney to establish that would be in order. What you are wanting them to do now is reopen your file and consider new facts.....that is your medical. An appeal/motion to reconsider would be so only on the case as it is without the medical. That is my understanding of it.

How Do I Appeal the Denial of My Petition or Application

From the above link.......USCIS website.

In addition to the right to appeal (in which you ask a higher authority to review a denial), you may file a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider its decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence.

The decision will inform you of the proper appellate jurisdiction and provide you with the correct form.

Did they supply you with this in the notice of denial?

[Anastasia 1]

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...

Redo your medical regardless who you think was in the wrong. It doesn't matter if you feel they gave you incorrect information. You have a denial now and that is what you have to focus on totally. Redo your medical and file a motion to reopen. Am thinking you may also need to file the motion to appeal as well from the way this reads. A meeting with an attorney to establish that would be in order. What you are wanting them to do now is reopen your file and consider new facts.....that is your medical. An appeal/motion to reconsider would be so only on the case as it is without the medical. That is my understanding of it.

How Do I Appeal the Denial of My Petition or Application

From the above link.......USCIS website.

In addition to the right to appeal (in which you ask a higher authority to review a denial), you may file a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider its decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence.

The decision will inform you of the proper appellate jurisdiction and provide you with the correct form.

Did they supply you with this in the notice of denial?

They gave me a form to appeal their decision, but there was nothing mentioned about reopening the case. I will look into it.

Thank you all for your replies, you help me a lot. I will redo the medical as soon as it's possible, and I'll keep you all updated on what happens as soon as something happens.

[Mr. Big Dog 10,747]

I wouldn't go this alone. I'd definitely talk to a legal professional that has experience with this kind of thing.

mawilson is right on: THIS IS SERIOUS STUFF!

Good Luck!

[desert_fox 32]

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...

If you do nothing, you will receive a letter telling you to leave the country before a certain date. This will happen at the end of the appeal period. You must file a timely appeal and dont let that date slip.

I would suggest a lawdyer, as you are looking at some serious stuff here. After all, the AOS is what its all about here.

[mawilson 2,133]

Hi Anastasia,

Any news? I hope you will forgive me for sounding off, but I felt I had to, to make you realise

the seriousness of the situation. It's "our first" CSC denial (and hopefully our last!) and I was

just really worried about you.

Please keep us posted, will ya?

Mark

[meauxna 15]

There are a few people who have been successful discussing MTRs here: http://britishexpats.com/forum/showthread.php?t=351900

[Anastasia 1]

There are a few people who have been successful discussing MTRs here: http://britishexpats.com/forum/showthread.php?t=351900

MTR that's motion to reopen, right?

Thank you so much for that link, it provides us lots of information about how to reopen the case that we couldn't find anywhere else.

[Anastasia 1]

Hi Anastasia,

Any news? I hope you will forgive me for sounding off, but I felt I had to, to make you realise

the seriousness of the situation. It's "our first" CSC denial (and hopefully our last!) and I was

just really worried about you.

Please keep us posted, will ya?

Mark

I know it's a serious situation, and I am so stressed as it is, I don't need any additional stress added

I had a new medical done, but it takes a week to receive the papers from the doctor, because that's how long blood tests take. So far we lost almost 10 days, that's how long it took the denial letter to reach us, and there's gonna be another week lost while waiting for the medical, and I have only 30 days either to appeal or reopen the case.

I was reading some information from britishexpats and guess what I discovered... the fee for reopening the case or for appeal is $380, but in my letter of denial it says that the fee is $110, also my denial letter provides wrong information as to where I'm supposed to send the appeal, I don't even mention that in my case the appeal wouldn't change much and the right thing to do is to file for reopening my case, as some people here suggested. So it seems like whoever worked on my case did everything to get me deported. If I wouldn't have access to an internet I would be sending an appeal now with a wrong fee to a wrong place and then by the time it would be disovered my 30 days would run out for sure! Also on the form to appeal it has my case number and then it says "in the matter of I-130, petition for an alien relative" which doesn't make any sense at all, we never filed I-130... looks like they just grabbed a random form and sent it to me, doesn't give me much hope for the rest of this process when such things happen

[Mr. Big Dog 10,747]

I can only re-iterate: DO NOT GO THIS ALONE. At the very least get some competent advice from a legal professional - file yourself if you think you know what needs to be done after the consultation but for Pete's sake do a consultation. IT IS THAT SERIOUS. Really!

Good Luck!

Edited February 1, 2006 by ET-US2004

[adrianiux 0]

I also have been denied and I immediately went to an Immigration Lawyer as Yodrak and Carola advice me. This Friday 3rd, my lawyer is going to send the letters to appeal for my daughter and myself (we have 30 days to do it, and it ends on February 20). But he told us to pay just 110 per each, the exact amount the letter said, he didn't mention anything about $380.

Once you got this specific letter, this becomes really serious. I mean it's not something that you should do it by yourself.

[Anastasia 1]

I know this is serious and there's no way we would risk doing it alone. We have a consultation with an immigration lawyer next week and an infopass appointment on friday this week. We also have a congressman involved and hopefully we will get help from there.

I also have been denied and I immediately went to an Immigration Lawyer as Yodrak and Carola advice me. This Friday 3rd, my lawyer is going to send the letters to appeal for my daughter and myself (we have 30 days to do it, and it ends on February 20). But he told us to pay just 110 per each, the exact amount the letter said, he didn't mention anything about $380.

Once you got this specific letter, this becomes really serious. I mean it's not something that you should do it by yourself.

adrianiux, I believe the fee has changed and now it's not $110, but $385. I was mislead by my denial letter which mentions the old fee too. Please look into it before you send your letters for appeal, because if you send them your appeal with a wrong fee they will just dismiss it for insufficient funds, and you might miss your 30 days period by the time you will find out about this.

[mawilson 2,133]

Anastacia,

Everything is going to be alright. They are not out to get you, they are just a bunch of hapless bureaucrats. Just play by their rules, follow the procedures and you'll have your green card in no time!

I'll keep my fingers crossed for you......good luck!

Mark

Edited February 1, 2006 by mawilson

[Mr. Big Dog 10,747]

We have a consultation with an immigration lawyer next week and an infopass appointment on friday this week. We also have a congressman involved and hopefully we will get help from there.

Good!

[Anastasia 1]

Anastacia,

Everything is going to be alright. They are not out to get you, they are just a bunch of hapless bureaucrats. Just play by their rules, follow the procedures and you'll have your green card in no time!

I'll keep my fingers crossed for you......good luck!

Mark

We have a consultation with an immigration lawyer next week and an infopass appointment on friday this week. We also have a congressman involved and hopefully we will get help from there.

Good!

Thank you for your support, it's important for me at this stressing time. I hope everything will work out

[notrepetiteashley 0]

I am late reading this, but in case you see this note, I want to say good luck. I'm sorry you have to go through this, how terrible! You hang in there, I think you're doing everything you can and it will probably all work out. GOOD LUCK!!! Stay strong.