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

[Rocio0010 5,579]

2 minutes ago, chiks24 said:

Something as basic as change of address is such a pain in the butt

Makes you wonder why even bothering in filing for a change of address if they’re going to send the notices to the last address on file!

[Allaboutwaiting 2,503]

1 hour ago, chiks24 said:

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?

That's exactly how it works.

As an example I'll share with you what happened to us for AOS: we received the letter informing our interview was scheduled at the field office a few weeks prior the actual interview; the IO informed us AFTER being interviewed that our file was not there and requested it until that very moment when supposedly the file should have been there prior the interview. We were told that was common and after reading a good number of USCIS audit reports I found that indeed it is common and there's serious issues with the systems they use and the procedures they follow -some are internal, some are outsourced-.

[chiks24 11]

5 hours ago, Allaboutwaiting said:

That's exactly how it works.

As an example I'll share with you what happened to us for AOS: we received the letter informing our interview was scheduled at the field office a few weeks prior the actual interview; the IO informed us AFTER being interviewed that our file was not there and requested it until that very moment when supposedly the file should have been there prior the interview. We were told that was common and after reading a good number of USCIS audit reports I found that indeed it is common and there's serious issues with the systems they use and the procedures they follow -some are internal, some are outsourced-.

This is crazy.

 

I decided to have a live chat with an agent today so we casually asked them if our rescheduled interview notice was mailed out and he gave us the same old "your interview notice was sent on this date and was on this date" (initial one). He did tell us that there was "a hold on your case by a supervisor" - I hope that's positive (saw their error) rather than negative (denial still going through). 

[Allaboutwaiting 2,503]

39 minutes ago, chiks24 said:

This is crazy.

 

I decided to have a live chat with an agent today so we casually asked them if our rescheduled interview notice was mailed out and he gave us the same old "your interview notice was sent on this date and was on this date" (initial one). He did tell us that there was "a hold on your case by a supervisor" - I hope that's positive (saw their error) rather than negative (denial still going through). 

That's good! Sounds like the case is active and still on the queue.

You should go for the Ombudsman request now. By contacting everyone, someone at some point will have to get things moving. 

 

Adding to the experience I shared: our file took two weeks to arrive to the field office AFTER the interview and two more to reach the IO to be approved, so while others are approved "on the spot" we had to wait an extra month. Funny enough, we were "lucky" as some files actually go missing.

 

Your case will be reopened and interview rescheduled, I'm certain.

[chiks24 11]

21 hours ago, Allaboutwaiting said:

That's good! Sounds like the case is active and still on the queue.

You should go for the Ombudsman request now. By contacting everyone, someone at some point will have to get things moving. 

 

Adding to the experience I shared: our file took two weeks to arrive to the field office AFTER the interview and two more to reach the IO to be approved, so while others are approved "on the spot" we had to wait an extra month. Funny enough, we were "lucky" as some files actually go missing.

 

Your case will be reopened and interview rescheduled, I'm certain.

I sure hope they call or email us by tomorrow. We have been so anxious this whole time. Based on that denial notice, my spouse is supposed to stop working by Sunday unless we prove that her I-485 is still pending. 

 

I did fill out the form for the Ombudsman to look into this. 

 

I'm glad things worked out for y'all!

[Allaboutwaiting 2,503]

1 hour ago, chiks24 said:

I sure hope they call or email us by tomorrow. We have been so anxious this whole time. Based on that denial notice, my spouse is supposed to stop working by Sunday unless we prove that her I-485 is still pending. 

 

I did fill out the form for the Ombudsman to look into this. 

 

I'm glad things worked out for y'all!

I understand how difficult the situation is; again, try not to despair.

I don't think you should act upon that letter. She should not leave her job based on a mistake. 

To lessen your worries, even when out of status -which your wife is not-, the spouse of a US citizen is forgiven if working without authorization. 

[chiks24 11]

16 hours ago, Allaboutwaiting said:

I understand how difficult the situation is; again, try not to despair.

I don't think you should act upon that letter. She should not leave her job based on a mistake. 

To lessen your worries, even when out of status -which your wife is not-, the spouse of a US citizen is forgiven if working without authorization. 

I just did live chat via Emma and the agent told me that someone is assigned to us and is expected to contact by 01/21 so hopefully it can end our suffering.

 

I actually did not know about that fact. I Googled it and it seems you're right. Interesting. 

[Rocio0010 5,579]

16 hours ago, Allaboutwaiting said:

To lessen your worries, even when out of status -which your wife is not-, the spouse of a US citizen is forgiven if working without authorization. 

What's more important is that ONLY an immigration judge can strip you off your status. So she can continue working in spite of what that fear- mongering letter says.

[Allaboutwaiting 2,503]

13 minutes ago, Rocio0010 said:

What's more important is that ONLY an immigration judge can strip you off your status. So she can continue working in spite of what that fear- mongering letter says.

Don't get confused on this one: that just applies to permanent residents and she's not one yet -they're still in the process to adjust status-.

[Rocio0010 5,579]

4 minutes ago, Allaboutwaiting said:

Don't get confused on this one: that just applies to permanent residents and she's not one yet -they're still in the process to adjust status-.

Gotcha, thanks for catching it!

[chiks24 11]

Latest update may sound confusing but here goes. 

 

Yesterday we were told that someone from our local field office was assigned to contact us by 01/21. In the morning of 01/21, we got an email from USCIS that basically didn't imply much except that an inquiry was requested on 01/14 and the case type was expedited and to click on link for InfoPass. I thought it was a general email but no idea why it was randomly sent. 

 

By late afternoon, no one had contacted us so I got anxious and got on live chat. Agent asked me if I had contacted them yet for an in-person meeting and I'm confused. Turns out I was apparently supposed to contact them after seeing that email (but I was waiting for someone to call us as stated by the agent the day before!!!). They said an officer will call to schedule an InfoPass appointment within 72 hours but to our surprise, an officer actually called at the end of the day.

 

We are going for an appointment on Monday morning. Please keep us in your prayers. I really hope they are kind and friendly and understand that it was some error on their part that led to this. 

[Allaboutwaiting 2,503]

5 minutes ago, chiks24 said:

Latest update may sound confusing but here goes. 

 

Yesterday we were told that someone from our local field office was assigned to contact us by 01/21. In the morning of 01/21, we got an email from USCIS that basically didn't imply much except that an inquiry was requested on 01/14 and the case type was expedited and to click on link for InfoPass. I thought it was a general email but no idea why it was randomly sent. 

 

By late afternoon, no one had contacted us so I got anxious and got on live chat. Agent asked me if I had contacted them yet for an in-person meeting and I'm confused. Turns out I was apparently supposed to contact them after seeing that email (but I was waiting for someone to call us as stated by the agent the day before!!!). They said an officer will call to schedule an InfoPass appointment within 72 hours but to our surprise, an officer actually called at the end of the day.

 

We are going for an appointment on Monday morning. Please keep us in your prayers. I really hope they are kind and friendly and understand that it was some error on their part that led to this. 

That's great! Worry not, everything will go fine. 

 

Just in case they can actually interview you on Monday, bring all your documents. As I think I mentioned a few days ago, I read a case here in the forum where a person missed their interview, got an infopass and ended up being interviewed by a supervisor.

 

Btw, not everyone knows but while at a field office, if you have a complaint, you can actually ask for a supervisor.

Edited January 22, 2022 by Allaboutwaiting

[chiks24 11]

1 hour ago, Allaboutwaiting said:

That's great! Worry not, everything will go fine. 

 

Just in case they can actually interview you on Monday, bring all your documents. As I think I mentioned a few days ago, I read a case here in the forum where a person missed their interview, got an infopass and ended up being interviewed by a supervisor.

 

Btw, not everyone knows but while at a field office, if you have a complaint, you can actually ask for a supervisor.

What happens if they do decide to interview on Monday and we don't have our I-693 yet? 

 

[Allaboutwaiting 2,503]

30 minutes ago, chiks24 said:

What happens if they do decide to interview on Monday and we don't have our I-693 yet? 

 

Issue an RFE.

 

And if they don't suggest interviewing you on Monday don't be shy and ask them if it is possible. 

Edited January 22, 2022 by Allaboutwaiting

[chiks24 11]

On 1/21/2022 at 9:54 PM, Allaboutwaiting said:

Issue an RFE.

 

And if they don't suggest interviewing you on Monday don't be shy and ask them if it is possible. 

Latest update: the officer we were assigned to heard our case, saw our evidence and initially said the same stuff we've been hearing - "you missed your appointment and unfortunately we can't reopen a case that has been closed. You can file a motion since that is the procedure." After explaining to him that we followed the exact protocol/procedure to reschedule an interview and that we see online that it was rescheduled, he still was hesitant until we started to really press him that it was not our error that led to us. 

 

Then somehow, he says "I had rescheduled your interview which was for January. You did not show up for that." lol

 

We say we never received a notice for that, none of the Tier-1 agents could confirm another appointment and the current denial notice says that we failed to show up for the INITIAL interview and for not doing any" correspondence" which we obviously did. 

 

He starts understanding, says he will be back after speaking to management. Comes back after 7-10 minutes, says he talked to his supervisor. His supervisor talked to his supervisor. None of them have authority to reopen a closed case. He said they will bring it upto "management" and they will let us know. Apparently manager or director were not there today. 

 

He said there is no guarantee but if it does reopen, to wait a week or two.

 

Bummer.