Case denied letter for "failing to appear for interview" despite calling USCIS and requesting reschedule. HELP!!

[chiks24 11]

Hello VJ community, I am in severe disbelief and confusion as to why this happened. I am anxious and I really could use this community's help. 

 

We had our interview for December 13 but we were traveling internationally during that period so we called USCIS to reschedule the interview (number that was provided on the interview notice to reschedule). A friendly agent wrote down the reason, said someone will be contacting us within a month/sending us a new interview date, and we were provided with a case number.

 

After coming back from travel, we still had not received a letter or call but it had not been a month so we were not concerned. However, today we received the denied application letter in the mail.

 

Apparently there is no way to turn it back besides filing a motion. They've only given 18 days for my spouse's employment/parole to end and 33 days to leave the country unless provided with evidence that I-485 is still pending. 

 

Can someone help? Will calling the USCIS and providing them with the case number show that this was an error? Or is there no way of solving this without hiring a lawyer? 

[Crazy Cat 41,803]

I would call them ASAP and get an emergency infopass appoint to explain the situation to them.  If that fails, then I would find a good attorney.  It seems USCIS makes this mistake more often than people might think.  Good Luck. 

[chiks24 11]

3 minutes ago, Crazy Cat said:

I would call them ASAP and get an emergency infopass appoint to explain the situation to them.  If that fails, then I would find a good attorney.  It seems USCIS makes this mistake more often than people might think.  Good Luck. 

Thank you for responding! When I Google emergency infopass appointment, "emergency advance parole" results show up. I can request that for this error case as well, right? (even if I have no travel coming up)

[Crazy Cat 41,803]

2 minutes ago, chiks24 said:

Thank you for responding! When I Google emergency infopass appointment, "emergency advance parole" results show up. I can request that for this error case as well, right? (even if I have no travel coming up)

Call USCIS and say "infopass" at the prompt.  When a human answers, tell them it is an emergency.

Edited January 10, 2022 by Crazy Cat

[chiks24 11]

2 minutes ago, Crazy Cat said:

Call USCIS and say "infopass" at the prompt.  When a human answers, tell them it is an emergency.

Will do! Thank you so much. 

[MicahPsencik 4]

My wife and I had a similar issue. We moved to another state, updated the USCIS with our new address and received their confirmation of them receiving our new address change a month before the initial interview date. Once a change of address is processed and recognized by the USCIS all pending interviews and appointments are SUPPOSEDLY cancelled and rescheduled to the local USCIS office in your new city/state etc. This NEVER HAPPENED. Interview was never rescheduled and they terminated all pending processes stating we had abandoned our case. This resulted in my wife having to quit her job and drivers license expiring because she wasn't able to renew it because no active approved AOS. We had to refile EVERYTHING, pay all the fees again and wait. That was six months ago. Yesterday the USCIS site showed the renewed work permit is being generated and mailed. So once we get the AOS approval we can find her a new job and renew her DL.  

 

 

[Allaboutwaiting 2,503]

Just yesterday I read a post on the forum about someone who missed the interview but managed to reschedule and was actually interviewed by a supervisor and approved on the spot.

I'll share as soon as I find said post.

Edited January 10, 2022 by Allaboutwaiting

[chiks24 11]

42 minutes ago, MicahPsencik said:

My wife and I had a similar issue. We moved to another state, updated the USCIS with our new address and received their confirmation of them receiving our new address change a month before the initial interview date. Once a change of address is processed and recognized by the USCIS all pending interviews and appointments are SUPPOSEDLY cancelled and rescheduled to the local USCIS office in your new city/state etc. This NEVER HAPPENED. Interview was never rescheduled and they terminated all pending processes stating we had abandoned our case. This resulted in my wife having to quit her job and drivers license expiring because she wasn't able to renew it because no active approved AOS. We had to refile EVERYTHING, pay all the fees again and wait. That was six months ago. Yesterday the USCIS site showed the renewed work permit is being generated and mailed. So once we get the AOS approval we can find her a new job and renew her DL.  

 

 

OMG, I am so sorry that happened to you. I don't know how this is possible in such an advanced nation. Worse is that no compensation is offered for loss of income, the filing fee that is paid again, and the time it takes. When you received the denial letter, did you just start filing the second paperwork right away or did y'all try to appeal or speak to an officer? 

 

 

Edited January 10, 2022 by chiks24

[chiks24 11]

Gosh.. I just put in the receipt number of I-485 in Case Status on USCIS website and it shows interview was rescheduled on December 8th and to wait for the rescheduled interview letter in the mail. I am so confused. 

[Allaboutwaiting 2,503]

Just now, chiks24 said:

Gosh.. I just put in the receipt number of I-485 in Case Status on USCIS website and it shows interview was rescheduled on December 8th and to wait for the rescheduled interview letter in the mail. I am so confused. 

That's a good sign.

Have you called customer service to inquire about the rescheduled interview?

[chiks24 11]

7 minutes ago, Allaboutwaiting said:

That's a good sign.

Have you called customer service to inquire about the rescheduled interview?

Well, the agent told us to wait at least a month so we were patiently waiting and did not call to inquire. It has now just been a month but instead of receiving the rescheduled interview letter, we received this bad news instead. We will call in their business hours tomorrow first thing in the morning!!!!!!

[Rocio0010 5,579]

10 minutes ago, chiks24 said:

Gosh.. I just put in the receipt number of I-485 in Case Status on USCIS website and it shows interview was rescheduled on December 8th and to wait for the rescheduled interview letter in the mail. I am so confused. 

I'm so sorry you're going through this, especially since it's no fault of your own! If you haven't, make an account with USPS informed delivery. In that way, you will know if there's a letter with a new interview date coming. I would also save the letter with the denial, so that you show that at the interview. Also, take the case number so that you can provide them with a paper trail.

1 minute ago, chiks24 said:

Well, the agent told us to wait at least a month so we were patiently waiting and did not call to inquire. It has now just been a month but instead of receiving the rescheduled interview letter, we received this bad news instead. We will call in their business hours tomorrow first thing in the morning!!!!!!

DEMAND to speak to a tier 2 agent. Do not take a no for an answer, and do not buy anything that a tier 1 agent tells you.

[Timona 4,207]

4 hours ago, chiks24 said:

OMG, I am so sorry that happened to you. I don't know how this is possible in such an advanced nation. Worse is that no compensation is offered for loss of income, the filing fee that is paid again, and the time it takes. When you received the denial letter, did you just start filing the second paperwork right away or did y'all try to appeal or speak to an officer? 

 

 

 

You do know that tier 1 are like high school graduates? No company will be willing to spend massive $$ on payroll for employees who answer generic telephone questions. 

[African Zealot 1,455]

3 hours ago, Timona said:

 

You do know that tier 1 are like high school graduates? No company will be willing to spend massive $$ on payroll for employees who answer generic telephone questions. 

You’re aware Bill Gates is a mere high school graduate? Many people with just a high school diploma have gone on to great things and excellence in life.

[Timona 4,207]

3 hours ago, African Zealot said:

You’re aware Bill Gates is a mere high school graduate? Many people with just a high school diploma have gone on to great things and excellence in life.

 

I'm quite aware.

However, you're inferring to something different from my point. I wasn't talking about their achievements in life.