AOS denied, USCIS Stole Our Money, Deportation Proceedings terminated

[Boiler 45,832]

You should concentrate in finding a Lawyer, the Congress Officer can only find out the current situation, which you seem to know.

[Tanisha_Abt 0]

Yes, I will do.

However, I'm still wondering, why would the USCIS itself would recommend reaching out to the Congressional Office for help?

In my case there were 2 AOS applications, the first one was sent to Chicago and was denied.

The other one was filed right before the IJ (I gave the IJ and the ICE representative in the court my AOS document packet in the folder), where did that packet go?

The USCIS has no record of that second file, in this case, what did the IJ send to USCIS for further adjudication and scheduling interview?

[J&N* 68]

The government doesn't give money, it only takes, it won't refund you because you've been denied.

Wish I had an advice but maybe you should let a lawyer handle it?

Best of luck, hope you can get this worked out!

[SuperDuper! 230]

By the way, this is refund policy of USCIS:

When an applicant or petitioner pays a filing fee on an application, he or she is seeking a decision from USCIS regarding the applicant or beneficiary's eligibility for the benefit(s) being sought. In general, USCIS does not refund a fee or application regardless of the decision on the application. There are only a few exceptions to this rule, such as when USCIS made an error which resulted in the application being filed inappropriately or when an incorrect fee was collected. For example, if USCIS advises an applicant to file a waiver application for a ground of inadmissibility which is inapplicable to that applicant, the fee should be refunded.

They clearly gave you a decision (denial) so a refund is necessarily impossible. IMHO, focus on your new petition because argument over the fee would only delay everything.

You just helped me discover a new oxymoron, thanks!

[JimVaPhuong 4,863]

Yes, I will do.

However, I'm still wondering, why would the USCIS itself would recommend reaching out to the Congressional Office for help?

In my case there were 2 AOS applications, the first one was sent to Chicago and was denied.

The other one was filed right before the IJ (I gave the IJ and the ICE representative in the court my AOS document packet in the folder), where did that packet go?

The USCIS has no record of that second file, in this case, what did the IJ send to USCIS for further adjudication and scheduling interview?

Customer service reps at USCIS are notoriously ill-informed. The only thing your congressional representative can do is inquire about the status of your case. USCIS is required to respond to a congressional inquiry, so that sometimes gets a stalled case moving, but it never changes the outcome of a case where a decision has already been made.

It's impossible to say what happened to the AOS packet you gave to the immigration judge. The judges office may have neglected to send it to USCIS. USCIS may have simply put it in your case file without scheduling it for adjudication. Who knows.

A motion to reopen can only be filed within 30 days of the denial. They allow three extra days if the denial notice is mailed to the applicant. That window of opportunity expired long ago.

It would seem like the most direct route would be to file a new AOS petition.

[Tanisha_Abt 0]

Thank you very much for your input. I really appricate your advice.

I was wondering, if I could apply for an EAD now before I re-file the AOS?

And can my AOS get denied if I have been out of status?

[Boiler 45,832]

You need a basis to get an EAD.

[Tanisha_Abt 0]

Yes, could the IJ's decision to terminate my proceedings be the basis for an EAD?

[Boiler 45,832]

No

[ceadsearc 516]

No. You won't have a basis until you file for AOS and so you won't be able to apply for an EAD beforehand.

Edited February 27, 2012 by ceadsearc