AOS Denied

[vancedan 5]

I feel like I'm taking up room, but more is just ranting and see if anyone knows anything else. The people at the USCIS Benefits Center were about useful as an engorged tick.

To give a background, my wife was in the hospital on 6 Feb, our interview was the 7th. We were at the doctor for a follow-up. We called to reschedule our appt. However, I just received a letter saying the application as been denied:

"You were scheduled to appear for an interview appointment on February 7, 2012. You did not appear at your appointment as required, nor did the Service receive a request for rescheduliong. Therefore, your application ios deemed abandoned and hereby denied.

If you would like you application to be reconsidered, you have 30 days from the date of this notice to file a Motion to Reopen."

This, btw, is despite having in my other hand a letter from the same field office with a confirmation number that says "Your request to be rescheduled is under review."

So, how can we receive two contradictory letters, is refiling going to put us in jeopardy any, what happens if that fails, and what form are they talking about?

We also have an infopass on 2 March, but still am trying to figure out mroe information.

Edited February 22, 2012 by vancedan

[Harpa Timsah 13,258]

When did you request reschedule? Call the I-800 number now.

[vancedan 5]

When did you request reschedule? Call the I-800 number now.

I rescheduled on the 6 Feb, the night before.

I called the 800 number and she, I'm not kidding you, said to file (so I answered that question btw I-290b). I might as well have scanned the letter in word and have the computer read it to me.

[Harpa Timsah 13,258]

You should get a Tier 2 person and alert them of your confirmation # for reschedule etc. You notified them before your interview and the wires got crossed. Get a TIER 2 PERSON. You should not have to file a motion to reopen.

[Harsh_77 718]

Looks like their system just did not get updated – the officer who was supposed to do the interview must have not got the notification of reschedule and he put in his status and a denied letter was generated.

Since your timing was so close reschedule request on 6th night and interview on 7th chances are high this happening.

All you need to do is call them and give them your confirmation number that you got when you rescheduled and they would take care of it.

[VanessaTony 3,567]

There honestly isn't any more information we can give you because you've already scheduled the INFOPASS which is where you'll get your real answers. This same thing happened to the other girl who also rescheduled due to illness (she too got both letters AND had the confirmation of reschedule number)

It doesn't help you or make you stress any less to know that it will be okay eventually. You could try getting your Senator/Congressperson involved... and I don't know whether you want to do that before or after the INFOPASS. You have evidence you rescheduled (contrary to the denial notice) so that overrides the denial... but you won't feel good until you get the GC in hand.

This is just a case of the left hand not telling the right hand what it's doing. USCIS is fabulous sometimes :S

[S_R 148]

I rescheduled on the 6 Feb, the night before.

I called the 800 number and she, I'm not kidding you, said to file (so I answered that question btw I-290b). I might as well have scanned the letter in word and have the computer read it to me.

You will be fine. Make sure to get the doctors report or something.

[vancedan 5]

Thanks for the help. It seems, then that as in the other petitioner's case, it is a similar circumstance. Last night, we called back after Harpa Timash mentioned it. We got an even worse Tier 1, who was actually insulting, I got a tier 2, and after explaining what happened a couple times, something seemed to click until finally she said, "wait a minute, that's not right, they shouldnt' have denied it." So they put in a service request, and this morning we got an email that our case has been reopened. I am figuring that we'll get a similar letter to thje other girl, where we'll then go to our infopass next week to help it out. That said, we are not very happy with the US gov't as of this moment, but We do appreciate your help and support.

[Harpa Timsah 13,258]

Progress! Tier 2 to the rescue!

[Messybrownhair 251]

Progress! Tier 2 to the rescue!

Just out of curiosity, how does one actually get to talk to a tier 2 person? like do you say "I want to talk to a tier 2 person"???

and about your case, glad its working out!!

[lovenow 2]

Just out of curiosity, how does one actually get to talk to a tier 2 person? like do you say "I want to talk to a tier 2 person"???

and about your case, glad its working out!!

With me at the beginning they didn't want to transfer me and also you need to call a few times until you get someone nice, I have to admit that both times they transferred me to an officer I either had to cry or get really frustrated and upset with them.

I just said- I know you can transfer me to an actual officer who can see the details of the case and I would like to speak with them since you are saying you do not have access to the details and this is costing me my schooling/ my job/ my health etc....

You need to insist or hang up and try again.

[vancedan 5]

With me at the beginning they didn't want to transfer me and also you need to call a few times until you get someone nice, I have to admit that both times they transferred me to an officer I either had to cry or get really frustrated and upset with them.

I just said- I know you can transfer me to an actual officer who can see the details of the case and I would like to speak with them since you are saying you do not have access to the details and this is costing me my schooling/ my job/ my health etc....

You need to insist or hang up and try again.

I was ticked off and said I would like to speak with someone else or your supervisor. That's when I got transferred. Also, it was about my third call that day as well.

That said, I don't necesarily know that my service request had anything to do with it. It merely could have been the Dallas field office got the earlier messages in time.

[Channah&Aaron 51]

I think rescheduling your interview the night before caused the problem! I think you need to call at least a couple days in advance....

[VanessaTony 3,567]

I think rescheduling your interview the night before caused the problem! I think you need to call at least a couple days in advance....

If you read his prior post you will realise they didn't have a choice given the extremely personal and distressing situation that meant they had to miss the interview.

[vancedan 5]

If you read his prior post you will realise they didn't have a choice given the extremely personal and distressing situation that meant they had to miss the interview.

Just to keep people updated, also if others go though a similar thing, we had our infopass this morning. At first the person didn't understand the problem, I felt like I was talking to a phone recording, as she kept saying but why would they deny it, you went to biometrics and rescheduled; until, finally she realised the problem. Basically, she said the denial letter didn't mean anything, we were being reviewed if they'll reschedule our interview. I asked if that would mean it leans one way or another for rescheduling or another denial, she didn't say. Basically the feeling I got, is we can't say one way or another in case I'm wrong.

In addition, she made it clear it would be between 30 to 90 days and not because it is a complicated case, but as we're all familiar with USCIS it's gone to the back of another queue to be looked at. Finally, I did overhear her talking to another worker when she made copies of our documentation, that this had happened before, so it seems like it was just a standard computer error and we both feel confident that it turn out well in the end.

As V&T said, we'll be a lot more comfortable when that card is in our hands.