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

[African Zealot 1,454]

1 hour ago, Timona said:

 

I'm quite aware.

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

It was simply a poor analogy.

[mam521 1,990]

14 hours ago, chiks24 said:

I don't know how this is possible in such an advanced nation. 

"Advanced nation" where the USCIS and DoS have antiquated computer systems that don't communicate properly and are therefore, ineffective!  We have a NOA to file ROC for my kid's greencard, yet we already filed an I90 to fix the error on the original greencard.  The greencard in hand is a 10 year.  Sorry you're stuck dealing with your own pile of garbage!  

[Rocio0010 5,579]

Just now, mam521 said:

"Advanced nation" where the USCIS and DoS have antiquated computer systems that don't communicate properly and are therefore, ineffective!  We have a NOA to file ROC for my kid's greencard, yet we already filed an I90 to fix the error on the original greencard.  The greencard in hand is a 10 year.  Sorry you're stuck dealing with your own pile of garbage!  

Yeah... "advanced nation" depending on what, exactly. And what do you compare it to...

[chiks24 11]

@Crazy Cat @Allaboutwaiting @Rocio0010

 

I have tried all morning - chats got disconnected, phone call got connected but they said systems are down so to call 2-3 hours later.

 

We have now been trying all afternoon. Call got disconnected after agent put us on hold to check on our case. We were able to successfully chat with an agent via Emma but the agent would not put me through to a Tier-2 officer citing it could take 30 days for a Tier-2 officer to call back. They said someone will email us within 7 business days to which I responded that this is an urgent matter and that is a lot of days. The agent then proceeded to say it should be resolved within 5 days. 

 

To verify, we called USCIS and thankfully were able to speak to an agent without it disconnecting. She said she could see the request as being emergency and expedited so we should hear from them soon. 

 

However, no one would schedule an Infopass appointment for us or put us through to a Tier-2 officer which was frustrating. 

 

Thoughts? 

[Allaboutwaiting 2,503]

1 minute ago, chiks24 said:

@Crazy Cat @Allaboutwaiting @Rocio0010

 

I have tried all morning - chats got disconnected, phone call got connected but they said systems are down so to call 2-3 hours later.

 

We have now been trying all afternoon. Call got disconnected after agent put us on hold to check on our case. We were able to successfully chat with an agent via Emma but the agent would not put me through to a Tier-2 officer citing it could take 30 days for a Tier-2 officer to call back. They said someone will email us within 7 business days to which I responded that this is an urgent matter and that is a lot of days. The agent then proceeded to say it should be resolved within 5 days. 

 

To verify, we called USCIS and thankfully were able to speak to an agent without it disconnecting. She said she could see the request as being emergency and expedited so we should hear from them soon. 

 

However, no one would schedule an Infopass appointment for us or put us through to a Tier-2 officer which was frustrating.

 

Thoughts?

Give them a week and if they don't call, try again.

Going by the case status online, hopefully you'll receive a new interview letter soon.

[chiks24 11]

23 hours ago, Allaboutwaiting said:

Give them a week and if they don't call, try again.

Going by the case status online, hopefully you'll receive a new interview letter soon.

One week is cutting too close to my spouse losing her job (they state that she has 18 days from notice date to prove that her I-485 is pending). I really hope it's sooner.

 

Question- even if I do receive a new interview letter soon, does that automatically nullify the denial letter? 

[Allaboutwaiting 2,503]

4 minutes ago, chiks24 said:

One week is cutting too close to my spouse losing her job (they state that she has 18 days from notice date to prove that her I-485 is pending). I really hope it's sooner.

 

Question- even if I do receive a new interview letter soon, does that automatically nullify the denial letter? 

Absolutely.

And if it is that urgent, keep insisting.

Does she have an EAD?

Edited January 11, 2022 by Allaboutwaiting

[chiks24 11]

27 minutes ago, Allaboutwaiting said:

Absolutely.

And if it is that urgent, keep insisting.

Does she have an EAD?

Yes, EAD and AP 

[Allaboutwaiting 2,503]

27 minutes ago, chiks24 said:

Yes, EAD and AP 

If they're still valid, she can keep working.

[chiks24 11]

On 1/11/2022 at 3:50 PM, Allaboutwaiting said:

If they're still valid, she can keep working.

Even if the denial notice states the following?

 

Any employment authorization based upon this Form I-485 is automatically terminated if the expiration date on the employment authorization document has been reached. See 8 CFR 274a. 14(a)(1)(i). Since this Form I-485 is denied, the condition upon which your employment authorization was based no longer exists. Any unexpired employment authorization based upon this Form I-485 is revoked as of 18 days from the date of this notice, unless you submit, within 18 days, proof that your Form I-485 remains pending.

[Allaboutwaiting 2,503]

3 hours ago, chiks24 said:

Even if the denial notice states the following?

 

Any employment authorization based upon this Form I-485 is automatically terminated if the expiration date on the employment authorization document has been reached. See 8 CFR 274a. 14(a)(1)(i). Since this Form I-485 is denied, the condition upon which your employment authorization was based no longer exists. Any unexpired employment authorization based upon this Form I-485 is revoked as of 18 days from the date of this notice, unless you submit, within 18 days, proof that your Form I-485 remains pending.

But your online case status states that the interview is in process of being rescheduled, so go with that. The letter was a mistake based on the unfortunate discrepancies between the different softwares USCIS uses.

[chiks24 11]

On 1/13/2022 at 1:51 PM, Allaboutwaiting said:

But your online case status states that the interview is in process of being rescheduled, so go with that. The letter was a mistake based on the unfortunate discrepancies between the different softwares USCIS uses.

I don't know what to say. I feel like an official mailed notice from them telling us that she will be revoked of employment and kicked out of the US unless we prove a pending I-485 case seems to hold higher "status" than a case status online that doesn't even tell us when we would receive a rescheduled interview. This is such a frustrating and scary time for us.

 

I've overnighted a letter to the officer that denied us, spoken to a Tier-2 officer who said they will forward the inquiry to the field office, and also emailed the senator's office for assistance in this case. If I don't hear back anything by tomorrow, I'll also add the Ombudsman to this. I really hope someone can get this moving before we're forced to submit my spouse's combo card to the field office. 

[Rocio0010 5,579]

3 minutes ago, chiks24 said:

I don't know what to say. I feel like an official mailed notice from them telling us that she will be revoked of employment and kicked out of the US unless we prove a pending I-485 case seems to hold higher "status" than a case status online that doesn't even tell us when we would receive a rescheduled interview. This is such a frustrating and scary time for us.

 

I've overnighted a letter to the officer that denied us, spoken to a Tier-2 officer who said they will forward the inquiry to the field office, and also emailed the senator's office for assistance in this case. If I don't hear back anything by tomorrow, I'll also add the Ombudsman to this. I really hope someone can get this moving before we're forced to submit my spouse's combo card to the field office. 

The more I read, the more I feel for you. It amazes me how an institution that decides on immigrants and their families can be so inefficient. 

Just to piggy back you on their lack of communication:

I was approved for my marriage- based AOS in April 2020. My husband and I moved from WV to Ohio on August 3rd 2021, and the very next day I was filing form AR-11 for a change of address. I even got a NOA from USCIS stating that they had received my change of address and all was good. 

Fast forward to now, January 2022. I am about to file for ROC (my window opens January 30th), and I received a letter reminding me to file... IN MY OLD ADDRESS!!!! Thank God the same morning I filed for change of address I signed up for USPS delivery, but I have heard that there are some USCIS notices that the postal system cannot forward. Uuuurggggh! So I called USCIS and today I chatted with Emma. After doing about a 10 minute identity confirmation, the agent ended up telling me that USCIS cannot update addresses unless you have a pending application. So I wonder what's even the point of AR-11 as is. It should have a note that says that it will not take effect if you're between applications. So so frustrating!

So I asked the agent if I should include the change of address NOA that USCIS sent me and he said "that would be at your own discretion". So back to square 1. I will file my ROC and on the same exhibit where my i-751 goes, I will include the change of address NOA with a short note so that the officer can connect the dots.

I'm sorry for the long wall text, but I needed to rant. Carry on.

[Allaboutwaiting 2,503]

1 hour ago, chiks24 said:

I don't know what to say. I feel like an official mailed notice from them telling us that she will be revoked of employment and kicked out of the US unless we prove a pending I-485 case seems to hold higher "status" than a case status online that doesn't even tell us when we would receive a rescheduled interview. This is such a frustrating and scary time for us.

 

I've overnighted a letter to the officer that denied us, spoken to a Tier-2 officer who said they will forward the inquiry to the field office, and also emailed the senator's office for assistance in this case. If I don't hear back anything by tomorrow, I'll also add the Ombudsman to this. I really hope someone can get this moving before we're forced to submit my spouse's combo card to the field office. 

USCIS uses different systems that unfortunately are not linked properly, so one can say one thing while the other says a different one. One is automated and the other one receives input from agents. 

Even though the situation is indeed scary you shall not despair. 

My suggestion is to gather all the evidence regarding your request to reschedule an interview -which you might have already done- and try getting an infopass appointment at your local office. 

Contacting the Ombudsman is a great idea.

[chiks24 11]

3 hours ago, Rocio0010 said:

The more I read, the more I feel for you. It amazes me how an institution that decides on immigrants and their families can be so inefficient. 

Just to piggy back you on their lack of communication:

I was approved for my marriage- based AOS in April 2020. My husband and I moved from WV to Ohio on August 3rd 2021, and the very next day I was filing form AR-11 for a change of address. I even got a NOA from USCIS stating that they had received my change of address and all was good. 

Fast forward to now, January 2022. I am about to file for ROC (my window opens January 30th), and I received a letter reminding me to file... IN MY OLD ADDRESS!!!! Thank God the same morning I filed for change of address I signed up for USPS delivery, but I have heard that there are some USCIS notices that the postal system cannot forward. Uuuurggggh! So I called USCIS and today I chatted with Emma. After doing about a 10 minute identity confirmation, the agent ended up telling me that USCIS cannot update addresses unless you have a pending application. So I wonder what's even the point of AR-11 as is. It should have a note that says that it will not take effect if you're between applications. So so frustrating!

So I asked the agent if I should include the change of address NOA that USCIS sent me and he said "that would be at your own discretion". So back to square 1. I will file my ROC and on the same exhibit where my i-751 goes, I will include the change of address NOA with a short note so that the officer can connect the dots.

I'm sorry for the long wall text, but I needed to rant. Carry on.

I am so sorry you had to go through that. That is so unfortunate and crazy. Unfortunately, it's not even surprising anymore. Something as basic as change of address is such a pain in the butt. I also do not know why everything here in the US is mailed out. My wife's social security card was mailed out twice and we didn't receive it both times. I also read that some people don't receive their interview or RFE notices and then get denial letters. 

 

1 hour ago, Allaboutwaiting said:

USCIS uses different systems that unfortunately are not linked properly, so one can say one thing while the other says a different one. One is automated and the other one receives input from agents. 

Even though the situation is indeed scary you shall not despair. 

My suggestion is to gather all the evidence regarding your request to reschedule an interview -which you might have already done- and try getting an infopass appointment at your local office. 

Contacting the Ombudsman is a great idea.

Jeez. So the automated denial notice is signed by the field officer/director and mailed out so efficiently? The official does not even bother to check in their own systems?

 

I tried so hard for an infopass but apparently we don't qualify for it. It was extremely challenging and tedious just to get a Tier-1 agent to finally get a Tier-2 officer to call us back (which didn't help much as the officer just kept talking, said they will forward case to local field office, then hung up).