Rescheduling interview due to business trip - please help

[ajhigh 2]

Hi everyone,

I've freaked myself out by using google/VJ to read horror stories...advice would be greatly appreciated.

I submitted concurrent I-130/I-485 in January for AOS based on marriage to US citizen (my husband), adjusting from E3 visa.

At the time, I knew I needed to be in Germany in July/August for a work trip (I'm a college professor, and my work are sending me to teach a summer class at their program abroad - it would have caused us financial hardship to pass up this opportunity as it increased my annual income by 33% and I'm shortly to be unemployed.)

I'll be away from July 16 (yes, day after tomorrow) until August 31. My interview was scheduled last week for August 11.

I rang USCIS Customer Service and was assured that it's "usually" straightforward to reschedule an interview when out of the country for business purposes...

I've since read the opposite on VJ - that it's very difficult to do, often miscommunication between USCIS and field office, and (scariest of all) that if the request to reschedule gets lost or is denied, and I'm out of the country, and thus fail to appear at the interview, my Advance Parole will be canceled and I won't be allowed back in the country.

Am I freaking out unnecessarily? I have a receipt number from when I rang Customer Service and put in a request to reschedule - but that's all I have. They didn't ask me for any proof of why I need to reschedule (I have plane ticket + letter from employer). There were no InfoPass appointments available from when I received the interview date letter to when I depart.

Is there something else I can/should be doing to make sure I can get back in the country on August 31?

[milimelo 4,481]

Come back to the US for the interview - take a weekend off and depart after the interview on the 11th.

[kzielu 1,149]

Is there something else I can/should be doing to make sure I can get back in the country on August 31?

I would either come back for the interview or not leave at all.

[Mollie09 1,543]

I would suggest coming back to the country as well, but realize sometimes that's not possible. I've heard horror stories of people who tried to reschedule because they were out of the country then got denial notices because they didn't show up at the original interview. They all appealed and won, but that won't necessarily always be the case.

It is risky. You should avoid it. If you can't, send the letter back (as instructed) with an explanation of why you can't make it and a request to reschedule.

If you're like me and like to CYA many times over, I've seen InfoPass work for a poster in another forum, but it seems you can't do it on your tight schedule. Calling USCIS and speaking to a Tier 2 office and confirming that you will not make it and officially request a reschedule is the best you can do at this point (it sounded like you called just to ask and didn't expressly say you needed to reschedule). In addition to sending the letter back.

Get confirmation numbers, names of officers, bring your receipt notices, a copy of the interview letter, etc. etc. The more you have for your return the better.

Good luck!

[ajhigh 2]

I would suggest coming back to the country as well, but realize sometimes that's not possible. I've heard horror stories of people who tried to reschedule because they were out of the country then got denial notices because they didn't show up at the original interview. They all appealed and won, but that won't necessarily always be the case.

It is risky. You should avoid it. If you can't, send the letter back (as instructed) with an explanation of why you can't make it and a request to reschedule.

If you're like me and like to CYA many times over, I've seen InfoPass work for a poster in another forum, but it seems you can't do it on your tight schedule. Calling USCIS and speaking to a Tier 2 office and confirming that you will not make it and officially request a reschedule is the best you can do at this point (it sounded like you called just to ask and didn't expressly say you needed to reschedule). In addition to sending the letter back.

Get confirmation numbers, names of officers, bring your receipt notices, a copy of the interview letter, etc. etc. The more you have for your return the better.

Good luck!

Thanks very much for this advice. I absolutely would take a weekend off and come back if I could, but I'm teaching at my law school's summer program over there so "taking a day off" isn't feasible.

I spoke to a Tier 2 agent yesterday who told me that "this isn't a big deal" and "people miss interviews all the time". He said he can see in the system my request to reschedule, and that he would send further notice to my field office. He also recommended I write to the field office with a cover letter, letter from employer, copy of flights and any other information, and to be sure to send by certified mail (or drop off in person.) In his opinion (and yes I realize that it's just his opinion and doesn't give me a legal leg to stand on) this should be a very straightforward case for rescheduling - I'm traveling for business, not pleasure/personal reasons.

Finally, he assured me that if the worst case scenario eventuates - if for some reason my request to reschedule is ignored, rejected or just mysteriously doesn't 'make it through' to the field office - my AP won't be canceled before my scheduled return date (interview is scheduled Aug. 11, I return on Aug. 31), because according to this officer, it will take 'much longer' than that for the paperwork etc. to cancel my AP to be processed. So he was very confident that I'll be paroled back in, even in a 'worst case' scenario.

I realize this is still very risky. I'm not happy about it! But I've done a risk analysis in my head, and I think that I am going to go. I will keep calling USCIS (Tier 2) to ask for updates. If it gets to the week before my interview and there is no indication that they're going to reschedule or have accepted my request to reschedule, then I will need to talk to my employer about the possibility of canceling two days of classes so I can fly back for the interview. That will upset a lot of people, including my 40+ students who pay a lot of money to take this summer program (as a summer program, it's not easy to schedule make-up classes, as they have classes all day every day already), so that's absolute last-resort.

It sounds like worst-case scenario if I don't come back for the interview on Aug. 11 is that I get paroled back in on Aug. 31, and have to fight very hard if they cancel my AOS application for failing to appear at the interview. If I lose that fight, I refile. That would be awful, but here's hoping it doesn't come to that. The amount I'm being paid to teach at this course far exceeds the cost of AOS filing.

I'll update this thread in case it's of use to others. Thanks all for your advice. If anyone has actually gone through the process personally, I'd still love to hear from you!

[Mollie09 1,543]

I wish you all the best!

And to be honest, from what I've read, the horror stories are few and far between. You will very likely be just fine with the reschedule and it won't be a big deal at all. People do it all the time, that's why there's a procedure for it.

You have a great case for it. They already see your request in the system. You will be ok. Go, teach your class, try not to worry too much about it

Thanks very much for this advice. I absolutely would take a weekend off and come back if I could, but I'm teaching at my law school's summer program over there so "taking a day off" isn't feasible.

I spoke to a Tier 2 agent yesterday who told me that "this isn't a big deal" and "people miss interviews all the time". He said he can see in the system my request to reschedule, and that he would send further notice to my field office. He also recommended I write to the field office with a cover letter, letter from employer, copy of flights and any other information, and to be sure to send by certified mail (or drop off in person.) In his opinion (and yes I realize that it's just his opinion and doesn't give me a legal leg to stand on) this should be a very straightforward case for rescheduling - I'm traveling for business, not pleasure/personal reasons.

Finally, he assured me that if the worst case scenario eventuates - if for some reason my request to reschedule is ignored, rejected or just mysteriously doesn't 'make it through' to the field office - my AP won't be canceled before my scheduled return date (interview is scheduled Aug. 11, I return on Aug. 31), because according to this officer, it will take 'much longer' than that for the paperwork etc. to cancel my AP to be processed. So he was very confident that I'll be paroled back in, even in a 'worst case' scenario.

I realize this is still very risky. I'm not happy about it! But I've done a risk analysis in my head, and I think that I am going to go. I will keep calling USCIS (Tier 2) to ask for updates. If it gets to the week before my interview and there is no indication that they're going to reschedule or have accepted my request to reschedule, then I will need to talk to my employer about the possibility of canceling two days of classes so I can fly back for the interview. That will upset a lot of people, including my 40+ students who pay a lot of money to take this summer program (as a summer program, it's not easy to schedule make-up classes, as they have classes all day every day already), so that's absolute last-resort.

It sounds like worst-case scenario if I don't come back for the interview on Aug. 11 is that I get paroled back in on Aug. 31, and have to fight very hard if they cancel my AOS application for failing to appear at the interview. If I lose that fight, I refile. That would be awful, but here's hoping it doesn't come to that. The amount I'm being paid to teach at this course far exceeds the cost of AOS filing.

I'll update this thread in case it's of use to others. Thanks all for your advice. If anyone has actually gone through the process personally, I'd still love to hear from you!

Edited July 15, 2014 by F1H1I130

[ajhigh 2]

I wish you all the best!

And to be honest, from what I've read, the horror stories are few and far between. You will very likely be just fine with the reschedule and it won't be a big deal at all. People do it all the time, that's why there's a procedure for it.

You have a great case for it. They already see your request in the system. You will be ok. Go, teach your class, try not to worry too much about it

Thank you so much for your help (all of you )

[Darnell 8,478]

the local office handles the schedule,

and the local office has a drop box just inside the front door.

so, prep a letter showing copies of proofs, asking for a later date, and drop it off today in the drop box. I hope that is feasible. If you cannot drop it, ask a buddy or relative to do it after the plane jump.

[ajhigh 2]

the local office handles the schedule,

and the local office has a drop box just inside the front door.

so, prep a letter showing copies of proofs, asking for a later date, and drop it off today in the drop box. I hope that is feasible. If you cannot drop it, ask a buddy or relative to do it after the plane jump.

Darnell, thanks for the advice.

I have a follow-up question - I was under the impression from the Tier 2 officer I spoke to that it is best to use certified mail, as then I will have a record of the package being signed for. If I drop off the package into the drop box in person, will I have any proof of receipt?

I guess the advantage of the drop-off is that I know it didn't get lost in the mail. On the other hand, if I sent it via post and get a signed receipt that could be better for establishing a paper trail. And if it does get lost, I have a copy of the package so I could have my husband resend it...

[ajhigh 2]

Update:

I left for my business trip on July 16th - interview was scheduled for August 11th - I sent hard copy letter and proof of travel, called multiple times, got conflicting information and basically by August 11th had no idea if they had accepted my request.

I then got a letter from my local office (Chicago) saying they had received my request, but with some other conflicting and confusing (irrelevant parts of a pro forma letter not deleted is my best guess) parts.

I arrived back in the states yesterday, had to go sit in a separate room at the border very briefly while they processed my parole, but no questions asked or problems (that took about 5-10 minutes).

Then I came home to find a letter, postmarked August 27th, saying our interview is on September 4th. So we didn't get 30 days notice (Which would have been appreciated since husband has to reschedule a bunch of work meetings) but we're not complaining, just relieved the reschedule process worked.

My impression is that they really discourage rescheduling (e.g. my original interview letter didn't even mention the possibility, and contrary to what I've heard interview letters have looked like in the past, didn't have a form to send back and request a new date) but if you have a genuine reason (i.e. a business rather than pleasure trip that cannot be rescheduled, demonstration of financial loss if you have to miss it) then it will work but don't expect to get any updates during the process, which was stressful.

Thanks all for your advice, hope this is helpful.

[Darnell 8,478]

so you used the drop-box ?

[ajhigh 2]

so you used the drop-box ?

No, I send it with certified mail. I think I had already posted the package when I read your advice about the drop-box. I made sure to get a receipt on delivery, and left a copy of the papers with my husband so that he could post them if for some reason it didn't look like they were delivered.

Thanks all for your advice.