Uscis claims i withdraw my i485 - which I didn't!!

[skido30 0]

This is the case:

December 2013 i filed for i130 consular service.

In June 2014 i filed for i485 adjustment of status in America and cancelled consular process.

I had no response in a month and had to go. Went to info pass and the worker said to send the Chicago box a letter to withdraw. That was sent on 3rd of july. I have the original USPS receipt.

I never attended my biometrics and got letter the process is therefore cancelled

In October 2014 i came back to america and filled i485 again. This time I stayed. In December i got notice that they are ready to schedule an interview. My i131 was approved (emergency) and my i765 was still pending.

Yesterday, Friday night. The website was changed. Now it says that on jan 9! They received my request to withdraw my i485 and they also cancelled the i765. I never asked to withdraw anything !!!! The only reason for them to claim this is that they decided to do it based on my withdraw papers that were sent 6!!!!! Months ago about other petition!!

The withdraw document had no msc number into it as I never had one. It also had a different address of mine in america as I moved and won't match the address on the corrent petition.

What do I do? I tried to call but they can't do anything on the phone. USCIS made a big mistake here! I never ask to withdraw that petition. Please. Those answers with "get a lawyer" are out of reason. Not only lawyers cost thousands of dollars, I didn't do Anything bad, and uscis screwed up.

I scheduled info pass for next week but I am leaving for emergency reasons in 10 days. My i131 is still approved as far as I understand? I have the doc and the website doesn't say they cancelled it. I seriously don't know what to do.

Thanks.

[kzielu 1,153]

How did you enter US ? Do you have approved I-130 ?

I-131 isn't valid anymore obviously, only thing you can do is schedule infopass or file again.

[skido30 0]

Uscis made a mistake and I need to file again???

My i130 was approved long time ago. 8 months.

I entered usa on my b1/2 visa.

It doesn't sound logic that i will file again and pay money and another half a year of my time if uscis made a mistake.

I don't know what to do.

Thanks.

[KayDeeCee 4,896]

It sounds as if it all got canceled because they believed you withdrew your I-130 petition. You stated you withdrew your consular process. How did you do that? What did your withdrawal letter state?

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

[NancyNguyen 1,658]

This is the case:

December 2013 i filed for i130 consular service.

In June 2014 i filed for i485 adjustment of status in America and cancelled consular process.

I had no response in a month and had to go. Went to info pass and the worker said to send the Chicago box a letter to withdraw. That was sent on 3rd of july. I have the original USPS receipt.

I never attended my biometrics and got letter the process is therefore cancelled

In October 2014 i came back to america and filled i485 again. This time I stayed. In December i got notice that they are ready to schedule an interview. My i131 was approved (emergency) and my i765 was still pending.

Yesterday, Friday night. The website was changed. Now it says that on jan 9! They received my request to withdraw my i485 and they also cancelled the i765. I never asked to withdraw anything !!!! The only reason for them to claim this is that they decided to do it based on my withdraw papers that were sent 6!!!!! Months ago about other petition!!

The withdraw document had no msc number into it as I never had one. It also had a different address of mine in america as I moved and won't match the address on the corrent petition.

What do I do? I tried to call but they can't do anything on the phone. USCIS made a big mistake here! I never ask to withdraw that petition. Please. Those answers with "get a lawyer" are out of reason. Not only lawyers cost thousands of dollars, I didn't do Anything bad, and uscis screwed up.

I scheduled info pass for next week but I am leaving for emergency reasons in 10 days. My i131 is still approved as far as I understand? I have the doc and the website doesn't say they cancelled it. I seriously don't know what to do.

Thanks.

I-485 was cancelled (USCIS fault or yours) then your associated I-131 is not valid anymore, sort all things out before you leave or you will have headache using I-131 entering the US.

[Darnell 8,479]

ya, even with an I-131 in yer hand,

having LEFT prior usually invalidates the I-485, but not as a withdrawal.

I suggest going in to the local office on Monday, beg the guard to let you in, claiming emergency 'leave the country' - you might get lucky and the guard lets you inside.

[skido30 0]

I130 was cancelled when I filed the first i485. When I filed the second one I got message my i130 is back on. They cancelled my 485 because I asked to cancel the first one. 7 months before! How can they cancel 485 that was filed october 2014 based on a withdraw request that was sent 3.5 months BEFORE the i485 was even filed!!! 7 months after the withdraw request was sent they cancelled it. The withdraw was for the first i485 and not second.

I see no one here has answers for me. I emailed the director of uscis and head of dhs. Also emailed the local congressman. I will post the answer after i will talk to uscis on Monday and after my info pass on Thursday.

[Darnell 8,479]

skido - the only human that can get you back on some path,

will be the shift supervisor at the local USCIS office,

but even then, he/she will have to talk with the adjudication supervisor at the local office as well.

it won't be pretty, but if'n you go in person, not leave until it's all sorted, you should be OK. so far, it smells like a pile o errors, and you need humans with god access computer level at the local uscis office.

[skido30 0]

I am just putting a small update. Will confirm on Thursday.

Website still says withdraw. But on Saturday i managed to get the personal email of one of the most important people in America. And sent him an email. On my call to uscis at 8:26 I was told my case is withdrawn. They moved me to tier 2 officer. I waited 34 minutes. By the time I got to him he claims there is no withdraw request or cancel on my petition at all. All is ok and no issues. I logged online and red him what it's saying about withdraw. He says he doesn't see anything like it. All is just fine.

What are the chances an immigration officer (tier 2) will be updated few days AFTER the uscis website shows something. And what are the chances the uscis website will be updated few days after the immigration officer is?

Anyone has a chance to explain what happened here? Is the tier 2 officer lied? Or by any chance one of the top 5 people in usa government decided to open his mail first thing at 8am in dc and fix my error just like that??? I am having hard to believe that someone like that (it was sent to his personal email after a long research, I am very good with computers) will decide to just help.

I never got a reply on my email but I am sure it arrived to his mail box.

Thanks.