PLS HELP!! In Removal Proceedings, I-130 I-485 Petition Denied Due to Missed Initial Interview

[windchime 0]

I am mentally and physically exhausted and stressed out, I submitted everything I could, only mistake is caused by our car problem and ruined my case and 7 months of wait. I hope if anyone experience this can share their experience, we've been spending a lot of money and time to proof our true love and they don't even give us a second chance and denied us in 2 days!

My question is:

1. Is it better to re-file a new case or file a motion to reopen?

2. When i re-file, will this record affect the decision be eligible again?

3. If we file a motion to reopen, the chances of reopen? We only have the evidence of flat tire receipt.

4. The letter terminated my Employment Authorization so if I re-file, this have to re-file or re-new?

5. I am still have a 5 years f1 visa so I should not be deport, but I stopped going to school before and change of status. The denied letter wrote I have to maintain the f1 if i didn't file a motion. Should i go back to school or just re-file a new case not going to school?

My scenario:

I have a scheduled interview 2 days ago at 8.05am and we left home an hour early but still couldn't make it to the interview. We got a flat tire in the middle of driving and because of bad traffic, all the car driving real slow, so we tried to drive really carefully to make it on time to the building. Who knows when we arrived the building, there is a huge non-moving line outside the building and we thought we will never make it on the scheduled time.

Then we did not go to line up but called to rescheduled then the officer gave us a Reference No and says we will receive a notice for this. The next day I got a denied decision email for my I-485 and I-130 like this:

we mailed you a denial decision notice for this case I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of August 7, 2013, please call customer service at 1-800-375-5283 for further assistance.


During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.



If you have questions or concerns about your application or the case status results

listed above, or if you have not received a decision from USCIS within the current

processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

Then after 1 day we received the official denied decision letter indicated that I did not appear for interview to determine my eligibility for adjustment of status.

• We called right away to rescheduled after we missed the interview and explained what happened.
• When we called, they didn't not ask us to check in even we are late.
• The officer said their have recorded our explanation on the phone, but the decision denied letter wrote: " You have provided no evidence to indicate i am immediately entitled to an immigration visa on other basis.....if you believe that the denial of your form I-485 is error, you may file a motion to reopen or a motion to reconsider using form 1-290B within 30 calendar days....

Edited August 8, 2013 by windchime

[SAT 9,609]

windchime. I'm sorry I caught your post a little late.

I hope you followed those instructions at the end there, and filed a motion to reopen the case. That'll give you the opportunity to have a new interview. And so you can explain everything. Keep calm.

Your case is closed. So "Reopen" is what you want. Not a motion to "reconsider".

There's nothing for the USCIS to "reconsider" at this point. There's no objection for you to overcome.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based to AOS from Work, Student & Tourist Visas ~

[windchime 0]

windchime. I'm sorry I caught your post a little late.

I hope you followed those instructions at the end there, and filed a motion to reopen the case. That'll give you the opportunity to have a new interview. And so you can explain everything. Keep calm.

Your case is closed. So "Reopen" is what you want. Not a motion to "reconsider".

There's nothing for the USCIS to "reconsider" at this point. There's no objection for you to overcome.

Thanks SteveAndTiff for your reply!

We called several people and immigration lawyer but the answer is better to re-apply because they should we should have at least check in even we are late. And since we do not have a reason to filed a motion, the lawyer said filed a motion would take same amount of time to re-apply. We do not want to risk for them to denial again so hopefully re-apply may be better since he said the new case, past denial won’t influence a decision on a new one.

I am preparing to re-apply but I was wondering if i should put the A number in the new application. Isn't them have my old record and are there really don't care about old record for my eligibility?

[SAT 9,609]

Yes the uscis have you IDed with an A number. I would use it.

Best of luck with your application.