Did not receive updated notice on interview date

[chloet 0]

Hi all. 

 

After almost exactly a year of waiting, I finally received a notice notifying me of the AOS interview date. 

 

About a week later, I received another letter saying that USCIS has to cancel the interview and that another notice with the rescheduled date will be sent to me. The notice stated that no further action is required on my part. 

 

After some research online, I read that rescheduled interviews may take another 6 months or so. So, while waiting for the letter, I did not give it much thought or did any action but just continue to look out for the new notice. 

 

Last week, I received a notification on my email that there is a change in my USCIS online account. I logged in to discover that USCIS has denied the application as I did not show up for the interview.

 

I was very puzzled and called USCIS. The agent told me that they cannot disclose any details or reasons about my case but to wait for the notice with explanation in my mail. 

 

The notice came and notified me that as I did not show up for the rescheduled interview that was arranged a week following the original interview, they treated my case as abandoned and that my I-130 and I-485 applications are denied. 

 

The thing is - after receiving the notices indicating that my original interview has been rescheduled, I did not receive any new notices at all...

 

Has anyone here gone through a similar situation? 

 

I have traveled out of US and back home on Advance Parole, and am wondering whether I should submit an appeal as I don't plan to be in the US from now till mid 2022. Is there any advice for me whether to appeal now or to resubmit the whole application when I am back in the US? 

 

Thank you.  

 

[Allaboutwaiting 2,503]

There's a case around the forum, somewhat recent if I remember correctly, where a couple was able to reschedule the AOS interview at their local office after failing to attend. 

 

I'll try to search for it and if I find it, I'll share the link.

[HRQX 4,145]

19 minutes ago, chloet said:

as I don't plan to be in the US from now till mid 2022.

So are you currently outside of the US? If so you might as well just pursue consular processing. The whole time between I-485 file date and I-485 denial you didn't accrue unlawful presence: https://fam.state.gov/fam/09FAM/09FAM030211.html

Quote

DHS has interpreted "period of stay authorized by the Secretary of Homeland Security," as used in this context, to include:

(1)  (U) For individuals inspected and admitted or paroled until a date specified on the Form I-94 or any extension, any period of presence in the United States up until either:

(a)  (U) the expiration of the Form I-94 (or any extension); or

(b)  (U) a formal finding of a status violation made by DHS, an IJ, or the BIA in the context of an application for any immigration benefit or in removal proceedings, whichever comes first.

(2)  (U) For individuals inspected and admitted for "duration of status" (DOS), any period of presence in the United States, unless DHS, an IJ, or the BIA makes a formal finding of a status violation, in which case unlawful presence will only being to accrue the day after the formal finding is made;

(3)  (U) For individuals granted "voluntary departure" (VD), pursuant to INA 240B, the period between the granting of VD and the date of their departure, if the individual departs according to the terms of the grant of VD;

(4)  (U) For individuals who have applied for extension of stay or change of nonimmigrant classification and who have remained in the United States after expiration of the I-94 while awaiting DHS's decision, the entire period of the pendency of the application, provided that:

(a) (U) the individual does not work unlawfully while the application is pending and did not work unlawfully prior to filing the application; and

(b)  (U) the individual did not otherwise fail to maintain his or her status prior to the filing of the application (unless the application is approved at the discretion of USCIS and the failure to maintain status is solely a result of the expiration of the Form I-94), and further provided either:

(i)     (U) that the application was subsequently approved; or

(ii)    (U) if the application was denied or the individual departed while the application was still pending, that the application was timely filed and nonfrivolous.

(5) (U) For individuals who have properly filed an application for adjustment of status to LPR, the entire processing period of the application, even if the application is subsequently denied or abandoned, provided the individual (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated);  

(6)  (U) For individuals covered by Temporary Protected Status (TPS), the period after TPS went into effect and prior to its expiration; and

(7)  (U) For individuals granted deferred action, the period during which deferred action is authorized.

 

19 minutes ago, chloet said:

applications are denied.

How many denial notices did you get? Could you post pictures of the notice(s) with personal info blacked out. Because what they commonly do in similar situations is to approve I-130 petition but deny the I-485.

 

But the US citizen could now just file a new I-130 and specify consular processing for this one. I recommend online filing: https://www.uscis.gov/i-130

 

File Online

 

Edited September 13, 2021 by HRQX

[Allaboutwaiting 2,503]

I didn't find the recent case I was talking about but an older one, where the applicant successfully had USCIS reopen their case after going to their local office to explain the situation. 

 

So, you need to make an infopass appointment ASAP, bring all evidence you have and get them to reschedule your interview. 

 

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas Progress Reports.

[chloet 0]

I would also like to ask... in the event that I am lucky and obtain a new interview date, how long do I need to stay in the US to complete the entire Green Card process?