I-130 Denied today. Filed concurrent I-130/I-485. Interview was scheduled last month but notice never arrived.

[sweetadams 138]

1 hour ago, Villanelle said:

Im sorry you are having such a hard time with all this! The sad reality is many times minorities are discriminated against or treated poorly but you should try not to assume that anytime anything bad happens its because you are a minority. Bad things happen all the time to everyone. USCIS messes up everyones cases equally! 

 

You can (and probably should) pursue filing a complaint but honestly your focus right now should be on getting your case reopened and not the complaint aspect. The only way to get your case going again is to file the motion. You can use an attny or do it yourself. You will have to pay the fees but when its determined to be their error you can get the fees back. It will be a long time for the fee to be returned and you will have to pursue it for it to happen. For your motion you show the proof you have and they will check in their system what happened. They will see it played out exactly as you said since everything is tracked internally. When they see the interview notice was not sent they will reopen your case(s). If you can afford an attny to do the motion use an attny. If you can not please make sure to research the 290b to make sure you are filling it out correctly- there are various ways to fill it out. One way goes to the local office to review and act on- the other goes to the BIA to review. You want it to go to the local level because they can easily undo the error. You dont need to go through the BIA for something like this. If local offices were open you couldve went in through infopass and probably got this fixed with out even needing to submit the 290b and paying the fees. But because the offices are closed/reduced staff you need to do the 290b and pay. Again keep your focus on getting this reopened and deal with complaints later. 

This is the most important advice, focus should be on reopening the case and avoiding BIA review. This is why I advice to try and get an info pass appointment even if it mean giving a bogus reason like emergency(not sure if this is appropriate--although I will say the fee and time to wait for MTR is a justifiable emergency in my opinion).

[geowrian 22,338]

I would not advise ever misrepresenting oneself to anybody in immigration.

[sweetadams 138]

1 minute ago, geowrian said:

I would not advise ever misrepresenting oneself to anybody in immigration.

You are absolutely right....I was just trying to justify having a good enough reason for the info pass since it is granted only on special cases. 

[HoUTX2020 10]

2 hours ago, Villanelle said:

Im sorry you are having such a hard time with all this! The sad reality is many times minorities are discriminated against or treated poorly but you should try not to assume that anytime anything bad happens its because you are a minority. Bad things happen all the time to everyone. USCIS messes up everyones cases equally! 

 

You can (and probably should) pursue filing a complaint but honestly your focus right now should be on getting your case reopened and not the complaint aspect. The only way to get your case going again is to file the motion. You can use an attny or do it yourself. You will have to pay the fees but when its determined to be their error you can get the fees back. It will be a long time for the fee to be returned and you will have to pursue it for it to happen. For your motion you show the proof you have and they will check in their system what happened. They will see it played out exactly as you said since everything is tracked internally. When they see the interview notice was not sent they will reopen your case(s). If you can afford an attny to do the motion use an attny. If you can not please make sure to research the 290b to make sure you are filling it out correctly- there are various ways to fill it out. One way goes to the local office to review and act on- the other goes to the BIA to review. You want it to go to the local level because they can easily undo the error. You dont need to go through the BIA for something like this. If local offices were open you couldve went in through infopass and probably got this fixed with out even needing to submit the 290b and paying the fees. But because the offices are closed/reduced staff you need to do the 290b and pay. Again keep your focus on getting this reopened and deal with complaints later. 

MTR filed here for denied 485. Denied for failure to respond to RFE, we did not even know RFE was issued until denial letter received; never received RFE in mail. Online account did not reflect RFE was issued not updated, called officers few times (Tier 1) to check case status, they never mentioned RFE was issued or they could not see it that was issued. Only difference here 130 was approved. 

[HoUTX2020 10]

On 9/2/2020 at 2:14 PM, HoUTX2020 said:

MTR filed here for denied 485. Denied for failure to respond to RFE, we did not even know RFE was issued until denial letter received; never received RFE in mail. Online account did not reflect RFE was issued not updated, called officers few times (Tier 1) to check case status, they never mentioned RFE was issued or they could not see it that was issued. Only difference here 130 was approved. 

 

On 9/2/2020 at 2:14 PM, HoUTX2020 said:

MTR filed here for denied 485. Denied for failure to respond to RFE, we did not even know RFE was issued until denial letter received; never received RFE in mail. Online account did not reflect RFE was issued not updated, called officers few times (Tier 1) to check case status, they never mentioned RFE was issued or they could not see it that was issued. Only difference here 130 was approved. 

Happy to report they reopened case here!!

 

Case Was Reopened
On such and such date, we reviewed your appeal for Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSCxxxxxxxxxxxxx, and decided to reopen or reconsider our denial of your case.

 

 

 

[Belladonalson 0]

I almost got the same issue. They denied my i130 but I got my i485 schedule already.

[Mirobg 3]

So I contacted my Senator's office and our case was reopened within 5 business days. USCIS told my senator to contact them if interview isn't scheduled within 60 days.

On 9/18/2020 at 4:46 PM, Belladonalson said:

I almost got the same issue. They denied my i130 but I got my i485 schedule already.

did you file I130/485 concurrently? If did and your I-130 is denied your I485 will be denied as well

[Mirobg 3]

On 9/17/2020 at 1:38 PM, HoUTX2020 said:

 

Happy to report they reopened case here!!

 

Case Was Reopened
On such and such date, we reviewed your appeal for Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSCxxxxxxxxxxxxx, and decided to reopen or reconsider our denial of your case.

 

 

 

same here. Keep us posted how it goes

[FattieBanton 35]

oh man, i pray both your cases go through

[mbssss 111]

Just read all this. I feel so bad that you guys have to deal with this. I hope that it will all work out well in the end!

[Fennik 4]

@Mirobg My case is taking the oddest a$$ route and I am expecting to need to do a lot of fighting to get things done right. What was your process like to contact the senators office? 

Our case hasn't had an online update in over 9 months, the myuscis portal us entirely useless, and our last update was a move from interview scheduled back to biometrics received. I am damn near certain that they are messing stuff up in the office as people who filed months after us in the same local area are already getting interviews. Trying to prepare for the next steps I will undoubtedly have to take.

[Cjab 1]

On 8/24/2020 at 2:10 PM, Mirobg said:

Hi all

 

Just woke up to find a notification that I-130 is denied. I-485 status still shows as interview scheduled. The application was filed a year ago concurrently. I was scheduled for my I-485 interview in March but it was postponed due to COVID.

 

On July 20th status changed to Interview Scheduled but the notice never arrived. I contacted USCIS twice about it and was told to wait. Most recently last week and was told the notice was never mailed.

 

Is this normal? I thought they had to wait for an interview to decide on an I-130 when it's filed concurrently?

I-130 is adjudicated by itself but when we file i485 with it we get temporarily the benefits of concurrent filing. But if they deny the I-130 you need to challenge it within 30days or refile it otherwise the I-485 becomes void. Please call your lawyer. 

[HoUTX2020 10]

On 9/17/2020 at 12:38 PM, HoUTX2020 said:

 

Happy to report they reopened case here!!

 

Case Was Reopened
On such and such date, we reviewed your appeal for Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSCxxxxxxxxxxxxx, and decided to reopen or reconsider our denial of your case.

 

 

 

New update: RFE received, and now need to send it. As I suspected they were asking for medical.  RFE came from Field office. 

Edited September 28, 2020 by HoUTX2020

[Mirobg 3]

@Fennik I picked a senator, went to his website and filled out the form "Help with a Federal Agency", with a timeline of events and faxed it since it had to be signed by my USC husband so the Senator's office has the right to inquire about personal information. Then 7-8 days later my MSC status changed to Reconsidering and two days later to Case Reopened. Then a few days later we got a letter in the mail from the office

 

From what I've read it's very much YMMV based on your field office and what's happening in it. If they had a lot of people quit or transfer to other jobs things would be slow.