Help! Need to petition denial!

[Villanelle 4,122]

So you are saying that USCIS claims that the waiver of rights to appeal a decision by CBP upon first entry also waives the rights to appeal a change of status? This doesn't make sense to me. I still suggest that in this case the OP appeal the decision due to the circumstances being out of their control and obviously the fault of USCIS and/or USPS.

No ones saying the OP shouldnt file a motion or appeal to get another interview. It most likely will be granted because the motion will be going to an Officer who will understand what happened and grant it.

But the fact remains that anyone who enters under the VWP is not entitled to an appeal by the AAO or by an Officer, theyre advised of this when they enter. It may not be fair, but thats how it is. The other side would argue that they 'shortcutted' by AOSing through VWP and if they were denied they have to return home and refile now as the consequence.

I understand in this case the fault was beyond her control and thats why the OP should be able to have the Officer see her side of it and grant her the motion and not have her face unnecessary consequences.

If the Officer is a #$%^! or the OP goes in with a demanding attitude the Officer is not going to be helpful and the OP is going to be one that loses. (as they are VWP they are not entitled to the appeal and must be extremely humble and understand its at the Officers complete discretion to issue them a new interview or send him home to refile)

[Allie&Alex 0]

Hey anyone who cares! Good news!

THE RESULT:

After two infopass appointments we submitted the I - 290B and checked the box for application to re-open/reconsider. We sent it in, over-night, certified, with a letter explaining the situation **and stating that we were told at infopass to not include the $630 ** along with affidavits from everyone in the house saying that we never received notice of the interview. Well, we got the package returned to us asking for the money - Damn. So we sent in the money.

I wrote my senators and congressmen. I heard back from one - John Cornyn - who asked for official permission to look into it, then said that he had made an inquiry for us.

Last weekend we got a notice saying that the petition was approved and they would notify us when out interview was rescheduled. I also got a letter from the senator with an email attached that was the correspondence between him and the congressional liaison in the Houston office. In the end they wrote that they were going to re-open.

I don't know if they would have re-opened with or without the senator's influence, but I'm glad I wrote!

So that's that. I'm going to call them every Monday to see if our interview has a date/time until I get the notice in my hand. Does it turn up that they sent it when you check the status online?

Thanks for all the help/input!

[Harpa Timsah 13,258]

Yay!

[ValerieA 350]

Good news! The online status update does not always work (I am unclear if it actually did or not in your case before) so if you don't hear from them, I'd make a point to phone them every couple of weeks to make sure it hasn't been missed again.