Update - Another AOS denial

[j3dnight 0]

okay last I wrote, we got a denial notice in July 2005 because of a one day error on his birth certificate, they requested early childhood records and statements from his parents (which we had already put in the beginning k-1 packet) we sent that in by the required 30 days, got a notice back they would review it and give us a decision by April 2006, got a registered letter (thinking it was the answer) and it is a brand new denial letter, this time it says denial due to Health related grounds, we failed to present documentation of having rec'd vaccines, well we did, they had a copy of the form from the doctor in India, we were never told to follow-up with more shots, called lawyer, went to the civil surgeon listed who said he does not need shots, because of his age, what the doc gave in India, is all that is required, now we have a new sealed envelope with an I-693 filled out by the doc, this is pretty unbelievable,

now when we get a notice back, do u think it is going to say we will reach a decision in another nine months or so? reason I ask, he would like to visit home, lawyer said we can't leave till its resolved, anybody else been thru this nightmare?

appreciate your thoughts, !

-jeannette

[Autumnal 25]

A real nightmare indeed. *hug*

I would personally get your congressperson and/or senators involved, because you've been having a terrible time of it! Especially with all this time elapsed and having waited nearly two years now.

I would send them what copies of information you have from all the doctors and whatnot in India. You might also have tests done for the antibodies and whatnot for different vaccines here in the States and supply them along with the I-693, but boy.

Best of luck!

[Anastasia 1]

My AOS was denied too and we ended up re-filing for a new one to save us the headache of trying to make them change their decision. Your lawyer is right and you should not leave the country at all (even with AP), until eventually you'll get your green card.

When my AOS was denied we went for an infopass appointment to make things clear for us and see what's going on, we also contacted our representative congressman to help us, and we went for a consultation with a lawyer to help us decide what would be the right thing to do next. I know you have a lawyer already, but going for an infopass and contacting your representative can help a lot too.

Good luck

[j3dnight 0]

Thank you ! can you believe they wait two years to mention a vaccine issue? I never dreamed AOS would be like this, the rest was so smooth, is it Baltimore? i thought they had a good reputation?

there is nothing more horrible than opening that letter stating, this letter will serve as notice of our intent to deny the application for perm residence. now they have done it to us twice !!!!!!!!

[skoopie 0]

Other than sending them what they need, there's really no way to expedite the process (E.g. contacting congressman, etc.). Bottom like from USCIS' perspective is you screwed up by not sending them the correct infromation the first time around. So if you call your congressman, they'll tell the congressman that.

At the end of the day, you're going to have to sit tight and let them process the case. If the processing date for I-485 at the service center / district office handling your case passes, then you can make an infopass appointment to see what's going on. Outside of that, there's nothing you can do.

Also, dont be phased by the long time that your application has been pending. My mom's application has been pending for the last 1 1/2 years and that's for an application that's only suppose to take 6 months.. tell your husband to sit tight and forget about going to india until he gets his greencard stamp (look at it this way - my mom hasnt gone back to india in 20 yrs; at least your husband is in better state than my mom! )

[Anastasia 1]

Thank you ! can you believe they wait two years to mention a vaccine issue? I never dreamed AOS would be like this, the rest was so smooth, is it Baltimore? i thought they had a good reputation?

there is nothing more horrible than opening that letter stating, this letter will serve as notice of our intent to deny the application for perm residence. now they have done it to us twice !!!!!!!!

I know, it's very frustrating But look at the positive side, at least they sent you the letter of intent, it means it didn't happen yet and you can save your case by providing them whatever they want. In my case they just denied it and that's it, case closed

[j3dnight 0]

are you kidding? outright denied, with no chance? u poor thing , that is just awful !! i wish you all the best!

skoopie the thing is , we did send them the correct info, i have the aos packet copy, and they have it, they forgot to look further, at his age, he doesn't get follow-up vaccines, (per immigration chart of vaccines given to civil surgeon) they have a chart of ages and who gets what, doc showed it to us,