USCIS lost my returned petition!!!!!

[elya 17]

So my petition was returned to USCIS after interview/7 months AP. My fiance got a letter dated Sep 7, 2010 with his passport indicating our petition was returned to USCIS for review/revocation due to "inaccurate information".

I found a mistake in the petition (fairly serious, due to my stupidity and stupid lawyers) so I didn't wait for USCIS to send me notice that it's expired or a NOID, and just filed a new one.

We are 8 months into waiting for NOA2 on the new petition hearing that we are in background checks.

I realized it's weird that 10 months have passed since my old petition was returned and we didn't get the expiry notice yet. So I started asking about the old petition and got a few e-mails back today, followed by a few somewhat successful phone calls.

1) Embassy claims they sent it NVC on Sep. 24, 2010.

2) NVC states they forwarded it to "USCIS" the week of Oct. 25, 2010.

3) National Customer Service Center (USCIS) states they have no record on that petition after my hardcopy NOA2 was returned undelivarable and that only CSC would be able to tell me if they received the petition back

3) CSC (by e-mail) claims they have NO RECORD of my petition being returned.

CSC ignored my question on whether or not review of the embassy case notes on my old petition was a contingency for these background checks on my new petition completing. It would seem logical to me though. Not that anything in this process is truly logical, but anyway.

What do you guys think? Is there any chance of getting my 2nd petition approved without them seeing the case files from the embassy???? How the hell do I go about getting them to find the lost paperwork?????

Edited July 20, 2011 by elya

[elya 17]

anybody??

[san diego 407]

anybody??

I think this is time for InfoPass...

[elya 17]

Thanks san diego!!

Unfortunately I already had an InfoPass appointment :-( all they could tell me is that their database shows nothing after UPS returned my NOA2 undeliverable. (I had tenants in my permanent residence who apparently ignored my request to be on the lookout for this one particular piece of mail that USCIS would not agree to send to my attorney. But I don't think this caused the problems because after that occurred in October 2009 we still had an interview January 2010.)

The Tier 2 USCIS customer service officer had me send an e-mail to CSC because she said that nothing would even be entered into their database until CSC makes a decision.

I sent the embassy an e-mail asking them to re-send the file. Knowing how they operate though I don't exactly have high hopes....

Edited July 21, 2011 by elya

[san diego 407]

This is crazy! I know that you may hate lawyers after everything that happened... but if you can find a good one this is worth it.. I have one - she is really good and very reasonable on fees.. maybe you can talk about your options first. I know she will not claim anything that she cannot do. Very honest..