I485 Denied, I290B Still Pending... It's been a long wait (for both!)

[badcoyote 19]

Hi everyone,

This is my very first post! I hope everyone's doing well today.

My I-485 was denied October 2, 2012. It was denied because the ASC (or whichever office was in charge of scheduling appointments) thinks that I missed TWO of my biometrics appointments; I was considered negligent. In reality I missed only one, and it was rescheduled right away, and the other date that i *supposedly* missed, I have stamped proof that I actually attended it.

I got all my receipts, evidence, and a lawyer to file form I-290B. The receiving office got it on October 30, 2012. I have been waiting two weeks shy of a full year. My EAD expired and my EAD application was denied cause of the pending I-290B so I can't even work right now!

However today I checked my case status and this is what it said:

On October 15, 2013, your name was updated relating to your I290B, NOTICE OF APPEAL TO THE COMMISSIONER.

I honestly don't know what a NAME update is supposed to mean pertaining to my case, but it gave me some sort of hope that my case is not just stagnating on someone's desk.

Can anyone shed some light on this cryptic situation?! I would really appreciate getting my life straight so I can work and go back to college.

[Harpa Timsah 13,258]

Usually if the wires get crossed, you can call them and get the case reopened right away based on their mistake (you went to the second bio and have proof of rescheduling before the first appointment was missed, yes?)

Did you try to call them when it was denied originally?

[badcoyote 19]

Usually if the wires get crossed, you can call them and get the case reopened right away based on their mistake (you went to the second bio and have proof of rescheduling before the first appointment was missed, yes?)

Did you try to call them when it was denied originally?

Thanks for the reply Harpa Timsah! I'm gonna try to explain it better cause I was being vague in the intro.

1. September 25, 2012 - Date of ONLY missed Biometric. I was out of state with my mom and my brother who was left at home didn't open the mailbox in time.

2. September 30, 2012 - I flew back home to try to just walk in despite the missed appointment (lol) I failed (lol)

3. October 1, 2012 - I wrote a letter to the Alexandria ASC to reschedule. Just in case they don't automatically do it.

4. October 2, 2012 - Notice date on NEW Bio appointment scheduled for October 24, 2012

THIS IS WHERE IT GOES TO #######

5. October 2, 2012 - The same day I received my NEW appointment, I got a DECISION TO DENY APPLICATION FOR ADJUSTMENT STATUS from the Field Office Director. Saying that I missed TWO, which, like I said is invalid, I only missed ONE.

6. Started looking for a lawyer. Spoke to about 5 and they all had varying methods. Some said to just leave it alone since I got a rescheduled date. Some thought it was very serious and wanted me to apply for a new I-485. Two of them wanted me to file a motion to reopen cause I had enough evidence that I wasn't at fault.

7. October 24, 2012 - I was STILL able to go to my bio, no problem.

8. November 2, 2012 - Immigration received my I-290B filed by a lawyer.

To answer your question, no I did not try to call. I kind of feel stupid now because I should have tried calling but I quickly dismissed it and opted for a lawyer's consultation.

Thank you again

[badcoyote 19]

This update is for the people whose eyes are bulging out, stalking their online case status HARD.
If you notice even small, random updates such as name, or DOB (like I did) take it as a good sign!
It only took 6 days after the first random change for my case (I-290B) to be reopened!

So don't lose hope and all the good vibes your way~~~

[badcoyote 19]

UPDATE: My I485 also got approved 2 days after reopening of my I290B!

[Harpa Timsah 13,258]

Great news! Congrats!

To all who need to change appointments, always call beforehand to reschedule. You can call from anywhere, even on vacation.

[Pitaya 2,577]

~Moved from Family-based AOS to Family-based AOS Progress Forum~

[Ladybebot 0]

If I may asked what happen to this case?

[Ladybebot 0]

We have the same case. My fiancé filed K1 fiance visa and it was denied so he filed notice of appeal and its taking forever. Until he nade an appointment and the case was reopened. From dec 3 2014 until now this is what the uscis are telling us.. Please help!!! ???

On June 18, 2013, we received your Form I-290B, Notice of Appeal to the Commissioner, Receipt Number EAC1390488943, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by July 18, 2013, please call Customer Service at 1-800-375-5283. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.