just found out that AOS got denied..

[tempa 1]

got the letter yet?

[Dr Mirage 0]

I recommended to the poster to hire a lawyer. I know we are all somewhat knowledgable with the AOS process (I had to do it twice) ... This is a special kind of situation where its like the point of no return. USCIS does make errors and there can be a posibility that this is in error, but I am not a risk taker when it comes to this situation.

My brother's AOS took nearly 20 years because it was a Mother to Son Petition and my brother aged out when I received my GC back in the 90s. So my brother's appliation status was bumped from 1 category to another. My brother is also has a learning disability and it was my mother who is the petitioner... (she has a 80's mentality and doesnt know how do these kind of paperwork herself) so we didn't take a chance.

Glad we hired lawyer.. even if we spent $2k for it... It was worth every penny to get that piece of paper. Interview came.. after the biometrics and we resheduled the intial interview then a letter comes in the mail immediately saying that he missed his interview. Denied for AOS.. EAD, AP is expired. HOLY Smokes! USCIS had problems internally and lawyer helped us and also assisted him at the interview.

Just my 2 cents.

[hakunamatata 1]

i received the letter already.. turned out that they sent me an RFE in May which i never received... the denial letter said i cant appeal but i can file for a motion.

when we called the USCIS they said we can ask for expedited service request since it's like uscis error. we're waiting for the response for the request till now.

hope everything goes well now.

God is good. Keep the Faith.

[tempa 1]

i received the letter already.. turned out that they sent me an RFE in May which i never received... the denial letter said i cant appeal but i can file for a motion.

when we called the USCIS they said we can ask for expedited service request since it's like uscis error. we're waiting for the response for the request till now.

hope everything goes well now.

God is good. Keep the Faith.

dang it. all kinds of messes can happen. kinda reliefed it was something this "simple"

yea, keep the faith. hope you get your approval soon. and we too

Edited September 19, 2012 by tempa

[ceadsearc 516]

Glad to here you figured out what the issue was. Sounds like while it might be a hassle you will be able to get your green card in the future. While you're dealing with all of that, make absolute certain that a) USCIS has your correct address, including any apartment numbers and correct zip code and that b) your name, exactly as USCIS has it, is on your mailbox.

[Moomin 292]

i received the letter already.. turned out that they sent me an RFE in May which i never received... the denial letter said i cant appeal but i can file for a motion.

when we called the USCIS they said we can ask for expedited service request since it's like uscis error. we're waiting for the response for the request till now.

hope everything goes well now.

God is good. Keep the Faith.

What did the RFE ask for?

Motion to reopen is form I-290B.

If your medical expired meanwhile, you'll need a new one.

[hakunamatata 1]

the RFE according to USCIS asked for an updated income tax return.

if our expedited service request is not approved, an attorney said it's better if i file again coz she said filing an i290b form takes longer time to process.

Thanks everyone.. yes,we will all get our greencard.. Keep the faith.

[Darnell 8,479]

so, that's the letter.

AN ISO can fix you, starting with a telephone call, bypassing all the silliness you've experienced so far.

But, you must call, you must get an ISO, and you must know what to ask for.

Good Luck !

[Dr Mirage 0]

I have been sending private messages with the original poster and I thought I should also post this here:

I was thinking about your case earlier today. Again, I do not visit this forum daily. But the reason I am logged in now is because to check if there is another update. Based on what you have said. Not receiving or missing an RFE was one probability of the denial as I mentioned in the post. (I guessed correctly, how about that)

Regarding your case... this maybe easy to counter if you have all your paper work. Right now you will need to prove that you did not receive the RFE. This happens but not very often. Do some research and find out ASAP.

Honestly, this could have been easily avoided if you have the USCIS Status online update. This is the link to the website.

https://egov.uscis.gov/cris/jsps/login.jsp

What you should have done is registered and signed up for online and email updates. It updates you on your case and if you did get an RFE, it would have sent you a message. If you received that message and did not receive the RFE by mail.. then you would have called USCIS and asked what this was about and have fixed the problem early with an Infopass Appointment. (If you had a lawyer, they would have told you what to do in advance because they check these daily)

I have my wife's and my brother's profile and I checked this several times a week to see updates. Anyhow, whats done is done.

At this time you have 3 things going against you.

1. The denial letter.

2. Missing the RFE letter

3. Correcting the RFE

While updating the RFE is easy as 123... you will need to speak to USCIS on what had happend. They may or may not give you a hard time. (its a luck of the draw)

Even if this was just an updated ITR they are asking for, be prepared on what else they may ask you for an know how to answer them properly.

I do not have any experience with this matter and this is something that you need to pay very close attention to.

This might just be something easy to fix, but I would not take a chance because there is too much to lose. I would hire an attorney and stay on top of this situation.

Best of luck.

(Although this does not happen very frequently. The AOS process is quite extensive with so many documents needed to be sent and filed. While most applications go smoothly, a few dont) Its always best if you are going to do it right the first time. I understand that most can do this by themselves, but some do overlook a few small things like an outdated ITR. A missing RFE letter. I cannot emphasize it enough that when you pass your AOS, you have to be very diligent with all the things that need to be in that packet. A lot of things can go wrong and you have to minimize those chances)

With this case, if you have to re-file again. I think you might have to pay for the whole application again. Not only did you lose time, but also lost $ in the process.

Let me know if there are any updates. Hope all things work out.

drmirage

Edited September 22, 2012 by Dr Mirage

[ceadsearc 516]

Unfortunately the case status update system frequently doesn't update so they may or may not have known about it were they signed up.

If they can prove they didn't receive it they may be able to file a motion to reopen vs refilling the whole case but that's about it. I have never seen USCIS just open the case back up because of a mail error without needing to refile

[VanessaTony 3,567]

Honestly, this could have been easily avoided if you have the USCIS Status online update. This is the link to the website.

https://egov.uscis.gov/cris/jsps/login.jsp

What you should have done is registered and signed up for online and email updates. It updates you on your case and if you did get an RFE, it would have sent you a message. If you received that message and did not receive the RFE by mail.. then you would have called USCIS and asked what this was about and have fixed the problem early with an Infopass Appointment. (If you had a lawyer, they would have told you what to do in advance because they check these daily)

I have my wife's and my brother's profile and I checked this several times a week to see updates. Anyhow, whats done is done.

Actually the online site is often wrong. It was fine for my AOS, but for my ROC it hasn't moved since sending my NOA1. No update for biometrics (the date at least should have changed), nothing. Royal pita.

[Dr Mirage 0]

I am not sure about the USCIS Case Status not working properly, but my brother's AOS was working 100% and this was done last year in Sept to Nov of 2012.

I dont think the OP mentioned if they signed up for the case status updates. If you get denied by missing an RFE, you can make an argument that you never received the RFE and USCIS case status did not give you and update.

I know for a fact that Case Status also is used by our lawyer to track all the information. You can enter an unlimited amount of file numbers there.

If you think that you are delayed, you could always call USCIS to speak to a rep (they always answer and help with general questions about your application)

If a RFE was missed and you get denied... its going to cost 2x just to re-apply again.

Edited September 28, 2012 by Dr Mirage

[hakunamatata=D 0]

hi everyone! just like to update you and help or give idea to others who have experienced my previous case situation. btw i changed from hakuna matata to hakunamatata=D coz i forgot my password for the id and the eadd i used. lol

anyway... i already got my green card! Thank God. i had my case reopened and had it expedited. I didnt talked to the tier blah blah o aything I just called the USCIS and talked to an agent. She noted my concern and said she was gonna send an expedited request for reopening my case. I said it had to be reopened since i didnt receive any RFE letter from them. I also said that I had 2 biometrics, which I both did on their appointed dates so denying my application and telling me that I abandoned my case was not fair. after 2 weeks, I received a letter that they approved the expedited request. and then i received another letter telling me that I could send the evidence requested from me which happened to be the updated income tax return.after a week or two i sent the itr. on that same month(november) I received a letter for interview which I had on the first week of december.

Thank God, I was approved on the spot.

Good luck everyone! especially to those who are still waiting and have pending cases! keep the faith.

[hakunamatata=D 0]

Ohh I forgot to say.. a week after i sent the RFE, i received my work permit card.

God is good all the time.

Keep on praying... He surely will answer all our prayers.

[TBoneTX 46,041]

This is a happy ending to a hairy time. Congratulations!