Huge screwup by US or USCIS. Our I-485 cancelled due to no-show

[Tradewind 6]

We sent an address change for the applicant on April 21 from California to Oregon. We received a confirming email and letter regarding this change. On May 30 I amended the address change by changing #104 to PMB 104. Small change...That was also acknowledged by email by USCIS

On April 29, we received a letter that our interview was scheduled June 2 in California. I called in April to make sure address was changed and appointment needed to be moved... We were already in Oregon by that time. Between May 1 and July 26 I have talked to Tier 2 at least 3 times with service requests sent to the California office to move appointment to Oregon. Nothing happened.

On July 20 I realized as the petitioner I needed also to send an address change for the I-485 so I did. I did not know this but talked to Tier 1 and they said no problem. This somehow sparked the USCIS office in California to call and say that due to not showing at the June 2 interview, my wife petition was cancelled. The officer said since I was on record for calling many times she would research it and take it to her supervisor for reinstatement.

I never received any kind of notice that process was cancelled due to no show. Everything I called Tier 1 and Tier 2 they said the process was going forward.

We are now on pins and needles for 24 hours until the officer gets back to us.

I have my wife's address change in email for April 22. I have the change of address correction for May 30. The have record of my 6 calls to USCIS and 3 to Tier 2.

We have been waiting patiently for something to happen (Tier 1) and we had received nothing.

Any thoughts on what will happen to us for reinstatement. Appeals??

[Bill and Vicky 25]

I would suggest to you that you stop thinking of this as "USCIS has screwed up". They sent you a letter saying that you had an interview in California. I know you tried, but obviously you didn't convince them to move the interview. Until you have something in writing saying it has been moved, you are responsible for showing up regardless of where it is. And it says right on the interview letter that a failure to appear means you've abandoned the process.

Now that you've gotten out of the mindset of "the government screwed up and I had no fault whatsoever", make an Infopass appointment and talk to a human being. Dress nice and be early for your appointment. Beg and plead your case. You did change your address, you made repeated attempts to change the appointment, etc. You want to obey the law and process. Ask them to please help you. Be contrite and apologetic, even if you are convinced they are wrong and you are right.

Or, spend money on an attorney and continue to be antagonistic. Your choice.

Regards,

Bill

[Harpa Timsah 13,258]

CA no longer had jurisdiction over your case so you did not need to go to that interview, but you did need to follow up on rescheduling it.

It says on all your correspondence that if you move you need to CALL them, not just do a change of address online.

I think because of the records they will reinstate your case, but I think most of the problem is lack of follow through and not following the instructions on your correspondence that tripped you up. Good luck.

[Tradewind 6]

I am not blaming USCIS maybe just a bit . More myself. I did talk to Tier 2 in April-May with a service request to make a new appointment. I waited and then followed up again and talked to Tier 2 for another service request for an appointment in Oregon. They just told me to wait. I waited and followed up again before June 2. Again I requested an appointment and they did a service request again they told me. Around June 24 I followed up with Tier 1 and then on July 20 or so followed up with Tier 3 for the 3rd time.. They told me our case was still in California but would do another service request. It appears that the previous 2 service requests were not acted upon.

[Tradewind 6]

CA no longer had jurisdiction over your case so you did not need to go to that interview, but you did need to follow up on rescheduling it.

It says on all your correspondence that if you move you need to CALL them, not just do a change of address online.

I think because of the records they will reinstate your case, but I think most of the problem is lack of follow through and not following the instructions on your correspondence that tripped you up. Good luck.

The case is still in California even after my Tier 2 requests. California called me a couple of hours ago responding to my 3rd Tier 2 request.

[Harpa Timsah 13,258]

I believe to reschedule an appointment you need to send the letter back, it;s not something done with Tier 2.

But you should have changed the address via phone, per the instructions on the NOAs.

Your case may be in CA but even if you went to that appointment, they cannot make a decision on your case. All they can do is send your case to the place that now has jurisdiction over it.

[Tradewind 6]

I believe to reschedule an appointment you need to send the letter back, it;s not something done with Tier 2.

But you should have changed the address via phone, per the instructions on the NOAs.

Your case may be in CA but even if you went to that appointment, they cannot make a decision on your case. All they can do is send your case to the place that now has jurisdiction over it.

The Tier 2 said they were sending a service request to move my documents from California to Oregon and they told me Oregon would contact me with an appointment.

Here are a couple of my posts on VJ before June 2 interview date.

#7009086December 2013 AOS Filers

Posted by Tradewind on 14 May 2014 - 05:36 PM in Adjustment of Status Case Filing and Progress Reports

We received interview date June 2. The problem is our address change missed by a few days and our interview is a 1000 miles away. We got it on April 27. Called Uscis and talked to second tier person and they said they would contact California office who would contact Oregon office. Heard nothing in over 2 weeks. Should we be nervous?

[Tradewind 6]

December filers

Posted by Tradewind on 19 May 2014 - 08:21 AM in USCIS Service Centers

I am December filer. I have been following Oct and December. We receive notice on April 27 that we have an interview on June 2. On April 22 I sent an address change for an address 1000 miles away from the interview. The notices crossed in the mail. We are now in process of trying to change interview location to Oregon. We figured if we have to go to California for the interview with travel costs and missed work it would cost us around $1300. Yikes. Hopefully we will hear something soon about the changed interview location. We are getting nervous.....They told us that by May 22 we should hear about the new interview time and place. Had to go to a second tier supervisor a couple of times. They seem to be efficient. One was a little cranky and one was very kind. Such is life.

[Tradewind 6]

You can see by my May 19 post that I called and requested a new appointment. The way to do it was to call and talk to tier 2 and have them do a service request. What other way would it be done.

[Tradewind 6]

I now see I could have used INFO pass to schedule a new appointment I think. I thought my phone communication with tier 2 would reschedule the appointment. This is what they said.

[Tradewind 6]

I would suggest to you that you stop thinking of this as "USCIS has screwed up". They sent you a letter saying that you had an interview in California. I know you tried, but obviously you didn't convince them to move the interview. Until you have something in writing saying it has been moved, you are responsible for showing up regardless of where it is. And it says right on the interview letter that a failure to appear means you've abandoned the process.

Now that you've gotten out of the mindset of "the government screwed up and I had no fault whatsoever", make an Infopass appointment and talk to a human being. Dress nice and be early for your appointment. Beg and plead your case. You did change your address, you made repeated attempts to change the appointment, etc. You want to obey the law and process. Ask them to please help you. Be contrite and apologetic, even if you are convinced they are wrong and you are right.

Or, spend money on an attorney and continue to be antagonistic. Your choice.

Regards,

Bill

[Tradewind 6]

I would suggest to you that you stop thinking of this as "USCIS has screwed up". They sent you a letter saying that you had an interview in California. I know you tried, but obviously you didn't convince them to move the interview. Until you have something in writing saying it has been moved, you are responsible for showing up regardless of where it is. And it says right on the interview letter that a failure to appear means you've abandoned the process.

Now that you've gotten out of the mindset of "the government screwed up and I had no fault whatsoever", make an Infopass appointment and talk to a human being. Dress nice and be early for your appointment. Beg and plead your case. You did change your address, you made repeated attempts to change the appointment, etc. You want to obey the law and process. Ask them to please help you. Be contrite and apologetic, even if you are convinced they are wrong and you are right.

Or, spend money on an attorney and continue to be antagonistic. Your choice.

Regards,

Bill

Bill you misunderstood my posting US and USCIS. The US was referring to us (my wife and I) Not USA. I blame myself for this no one else at this point.

[Bill and Vicky 25]

Bill you misunderstood my posting US and USCIS. The US was referring to us (my wife and I) Not USA. I blame myself for this no one else at this point.

Ah. The subject was what misled me. Okay. I agree with you.

I still think the Infopass appointment is the best response. You can call the 800-number three times and get at least three different answers. You want to see a human being, in person, who you can show how earnest and sincere you are about all this.

Regards,

Bill

[Tradewind 6]

Ah. The subject was what misled me. Okay. I agree with you.

I still think the Infopass appointment is the best response. You can call the 800-number three times and get at least three different answers. You want to see a human being, in person, who you can show how earnest and sincere you are about all this.

Regards,

Bill

The USCIS officer from California said he was going to review everything and submit it to her boss to hopefully get it reinstated. She said she would call me tomorrow. She saw on the record that I had called in April so we are hoping for good news tomorrow. I will try infopass after her call tomorrow if necessary.

I have the address change email receipt and the mail receipt with the MSC I-485 number on it from April 2014. I followed it up with calls to Tier 1 and tier 2 but something got fouled up along the way and a new appointment never got set. To set an infopass appointment we have a 4 hour drive to the Oregon office and 25 hour drive to the California office to meet with an infopass officer. Our file is still in California so Oregon would seem to be out as he would not have all the docs or would he? Our file is still with California.

I appreciate your feedback.

[funkymunky 11]

The exact same thing happened to me but it was moving from Idaho to California and we filed change of address for both of us at the same time, this was back in 2012 and I still have the notices they sent me. It's unbelievable they manage to do this in the first place!

Once you notify them and they start to look back into it then it gets reversed real quick! We had verbal confirmation the same day we called and I think it was maybe 2 days between my denial notice and the motion to reopen letter plus an apology letter. Annoyingly though it would end up taking them another 2 months to issue me a new appointment date.

Hope your resolution is quick too! Good luck!

Edited July 30, 2014 by funkymunky