Urgent help please.

[Brooklyn927 0]

my wife passed away before she could petition for me. I had to apply for adjustment of Statius and when she passed away I applied for i360 as a widower of usc, you have two years after the death to apply for it tho so I sent my application package and was received by uscis 3 days before the deadline, the package was then returned because I use an outdated form for my i765 application. They asked me use the right form and send it back which I did.  
uscis then received my updated application after the deadline and cashed my check and sent me the finger printing notice, took finger prints and after 5 months of waiting they sent me a denial notices. Reason that I sent the application after the deadline. 
so my question is can I appeal the decision and tell them what happened? Will it work? Anybody gone through this situation or know about this? 
 

thanks 

[gramercygreen 34]

I would definitely contact a lawyer.

 

This is going to sound insensitive, but was there a particular reason why you waited until the last month of a 2-year deadline?

[Brooklyn927 0]

15 minutes ago, gramercygreen said:

I would definitely contact a lawyer.

 

This is going to sound insensitive, but was there a particular reason why you waited until the last month of a 2-year deadline?

When you grieving immigration is last thing on your mind. 

[gramercygreen 34]

10 minutes ago, Brooklyn927 said:

When you grieving immigration is last thing on your mind. 

I’m sorry for your loss.

 

I can’t speak to whether or not you can appeal, or even if that would work. I’m sure a good immigration attorney would give you guidance. Best of luck and let us know how it goes.

[Brooklyn927 0]

17 minutes ago, gramercygreen said:

I’m sorry for your loss.

 

I can’t speak to whether or not you can appeal, or even if that would work. I’m sure a good immigration attorney would give you guidance. Best of luck and let us know how it goes.

UScis  did give me an option to appeal 

Edited December 10, 2019 by Brooklyn927

[debbiedoo 2,339]

ive lost plenty of people, including a spouse, and life goes on and you still have to take care of business in a timely manner. I imagine you planned a funeral and filed for any life insurances, etc. Your immigration status is even more important. But, thats neither here nor there, now. appeal it with the evidence you submitted it before the deadline. I'd probably use an experienced attorney.

[gramercygreen 34]

14 hours ago, Brooklyn927 said:

UScis  did give me an option to appeal 

Definitely find a lawyer and appeal then, since it’s an option. Best of luck, and keep us posted.

[Villanelle 4,122]

They always give the option to appeal in cases like this but just because there is an appeal option it doesnt mean the appeal will be successful. Was the 765 the only out of date form? If so its odd they sent back the entire package. 765 is optional to file so even if it was out of date they probably should have accepted the 485 and Im assuming 131+360. Also since the 765 is free to file when you doing the 485 it shouldnt have been anything related to fees not adding up properly due to that form not being accepted in the packet., As long as the 485 +360 application was complete, current version, and submitted with the correct fees (and supporting documents) it probably should not have been returned along with the 765.... You may have a chance at the appeal providing everything I posted is correct and there were no other errors. When something is returned to the mailer its a complex process where several people sign off so to speak on returning it. Because of such its rare that stuff gets returned to you improperly but it can happen. 

Edited December 11, 2019 by Villanelle
also needs 360