Need Help.. AOS Denied Due to Abandonment... What to DO??

[QTPiePinay 0]

Hello All -

I receive was the Notice of the decision of my application for Permanent Resident was denied due to abandonment and failure to appear in the interview twice as scheduled on March 13. I filed the application on June 2006 September I receive a letter for my interview date for Octover 2006, I was not able to appear because currently my husband is out of the country and it is required that I should bring my husband to the interview. I have called the Customer Service twice to inform them about my predicament and they said that they will note that up and sent to the place where I'm suppose to have my interview. Not only that I also sent a letter to Minnesota informing them that I cannot appear due to my husband is currently not available and will not be available for several months. I have receive a notice that they receive that information from me, and again set up another interview date of November 2006 I again wrote them a letter stating that I still cannot appear due to my husband situation, that he is currently out of the country and that I have travel plans for that Thansgiving week and already booked a flight, I not only wrote them but also called customer service and informed them about my situation.

I haven't been a permanent resident, I had a K1 Visa before and this is the first time I applied for Permanent Resident Status. I also have filed one for my daughter which was a K2, though I haven't receive anything about her application yet. I don't know my current status right now. I also don't know if whether to file an appeal or a motion to re-open and provide them evidence that my husband is away and will be until November 2007.

Here is what the letter Ireceived said:

8 CFR 103.2(B)(13) states in pertinet part:

"...If an individual requested to appear for fingerprinting or for an interview does not appear, the Service does not receive his or her request for rescheduling by the date of the fingerprinting appointment or interview, or the applicant or petition, the apllication or petition shall be considered abandoned and accordingly, shall be denied."

On September 6 2006, you were notified in writing to appear for an interview on the specific date, and at the time location indicated on the Notice. You failed to appear for the interview as scheduled. on October 27 2006, the Service receive your letter stating that due to Family emergency, your husband would be unable to attend an interview for several months. On November 3 2006, you were notifed in writing to appear for an interview on the specific date and at the time and location indicated on the Notice. On November 16 2006, the Service receive your letter once again stating that your husband could not attend the interview due to Family emvergency and that you would not be able to attend the interview due to Thanksgiving travel plans. In order for the service to reschedule an interview you must first demonstrate just cause as to why you and your sposor (husband) are unable to attend a scheduled interview. To date you have failed to provide proof of your husband's family emergency or your Thanksgiving travel.

Conclusion: Accordingly, your apllication for adjustment of status is deemed abandoned and denied persuant to 8 CFR 103.2 (B)(13).

There are few questions that i would lie to ask:

1. Can we re-open the application? How? What are the forms we need?

2. If filing another application for Permanent Resident an option? since we were denied due to abandonment and according to the law. we can re-file the applicaition.

3. If we are going to file another application, can we file it on September since we don't know that time line of the processing for I-485 and we don't want to be in the same situation again since my husband will be away until November 2007.

4. How fast is the processing right now for Permanent Resident?

5. If an appointment for the appeal was scheduled, can it be re-scheduled or post poned If I still don't have a cousel?

6. If we file an appeal? will it get denied? what are the chances of filing an appeal and to re-open the application?

7. Can a motion to re-open be denied? If so what step do we ahve to take next?

8. How far out does the scheduling for the appeal or to appear in from of the Immigration judge? I got the Notice on March 12 and it was dated March 5th and the date and time was said to be set.. how far out can it be set? or how soon?

I'm here in Wausau WI and the Immigration judge is set in Bloomington MN? Who can represent me? A lawyer from Wi or LAwyer from MN since?

Right now I don't really know what to do and I need help...Please help me with these.. questions...

Thank you

QTPiePinay

[Boiler 45,802]

1. Can we re-open the application? How? What are the forms we need?

2. If filing another application for Permanent Resident an option? since we were denied due to abandonment and according to the law. we can re-file the applicaition.

3. If we are going to file another application, can we file it on September since we don't know that time line of the processing for I-485 and we don't want to be in the same situation again since my husband will be away until November 2007.

4. How fast is the processing right now for Permanent Resident?

5. If an appointment for the appeal was scheduled, can it be re-scheduled or post poned If I still don't have a cousel?

6. If we file an appeal? will it get denied? what are the chances of filing an appeal and to re-open the application?

7. Can a motion to re-open be denied? If so what step do we ahve to take next?

8. How far out does the scheduling for the appeal or to appear in from of the Immigration judge? I got the Notice on March 9 and it was dated March 5th and the date and time was said to be set.. how far out can it be set? or how soon?

9 I'm here in Wausau WI and the Immigration judge is set in Bloomington MN? Who can represent me? A lawyer from Wi or LAwyer from MN since?

QTPiePinay

First you need to appreciate that in these circumstances they say jump, you say how high, not the other way around.

1. What basis do you have to file a MTR?

2. A re file would seem best bet.

3. You could but you are out of status and deportable.

4. Varies by office.

5. Lucky trying to get one delay, you were pushing it to say the least.

6. Depends on the reasons for non appearance, why could your husband not attend, being overseas is not in itself a reason. He could fly back.

7. Yes

8. Do not know, unlikely to be any time soon.

9. Immigration is a federal issue, the lawyer can be in any state.

You need to reassess your priorities.

Edited March 27, 2007 by Boiler

[Nanusia & Lukaszek 0]

Your post is a little wierd. You apply for permanent residency, knowing that an interview with your husband is absolutely necessary, and then he leaves the country for 2 yrs? I'm not sure how you can explain that he had a family emergency and had to leave the country for 2 yrs, and couldnt come back for a week for the interview? Also, telling immigration you already made thanksgiving plans and want to keep rescheduling over & over again, doesnt go over well.

Why did you apply if you knew your husband isnt available to go with you for 2 years! Sorry, 2 yrs is a heck of a long time, I can see why they denied the application.

[notrepetiteashley 0]

...not attending your AOS interview because of Thanksgiving travel plans...I can't believe you would take this so lightly. I can see why they denied you, too. Sorry to sound so harsh, but it's the truth. This is a very serious matter and I don't know why your husband would not be able to make it, but you can't just keep trying to put these interviews off. You must appear when they say, not when it is convenient for you. Now you are denied, so I guess you learned your lesson. At least, I hope so.

Best of luck to you in getting this sorted out.

[*JG* 2]

...not attending your AOS interview because of Thanksgiving travel plans...I can't believe you would take this so lightly. I can see why they denied you, too. Sorry to sound so harsh, but it's the truth. This is a very serious matter and I don't know why your husband would not be able to make it, but you can't just keep trying to put these interviews off. You must appear when they say, not when it is convenient for you. Now you are denied, so I guess you learned your lesson. At least, I hope so.

Best of luck to you in getting this sorted out.

Get yourself a lawyer, an appointment, and get your husband back for the interview, immediately!

Also, you better have him dig up plane tickets, a letter from someone why he had to be out of the country so long, and all kinds of proof that you two have kept in touch.

[JenT 0]

Wow.... the USCIS was paying attention. No form letter for you. They detailed all of their attempts to accommodate you and you disregarded the seriousness of the entire matter. This is not something you can blow off, like an appointment with a dental hygienist. They were well within their rights to deny you. I would ask your questions of legal counsel at this point.

Jen

[Peter 0]

I'll go ahead and ask.. why is your husband away?

[sj5 4]

i think, you need lawyer now.

[sj5 4]

lol... imfao its old thread

[JaEnglishGirl 34]

Maybe her husband is military?

[athena_ny 1]

Maybe her husband is military?

But there are special accomodations for military personnel in this situation. I've seen at least a few where the immigrant could go to the interview by themself because their spouse was deployed.

Not that it matters now, this was from a year ago.