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

[Adventine 3,196]

I'm sorry for what you are going through.

 

I believe that now would be a good time to get a lawyer to advocate more strongly for you. 

[Allaboutwaiting 2,503]

2 hours ago, chiks24 said:

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. 

What?!

So according to them they rescheduled for a date before January 9? They did not send the interview letter but they were quick to send the denial. 

I'm truly sorry. And don't lose hope. 

Contact the Ombudsman including ALL the evidence; they have the power to reopen the case if it was a USCIS mistake. 

[chiks24 11]

8 hours ago, Allaboutwaiting said:

What?!

So according to them they rescheduled for a date before January 9? They did not send the interview letter but they were quick to send the denial. 

I'm truly sorry. And don't lose hope. 

Contact the Ombudsman including ALL the evidence; they have the power to reopen the case if it was a USCIS mistake. 

I think he was BS-ing that he rescheduled it and apparently we didn't show up lol. It's clear that they don't want to admit any error, at least not in front of us. 

 

I filled out the form and attached the evidence for the Ombudsman on Friday.. I really hope they can do something coz I don't have the money for a lawyer. 

[Allaboutwaiting 2,503]

4 minutes ago, chiks24 said:

I think he was BS-ing that he rescheduled it and apparently we didn't show up lol. It's clear that they don't want to admit any error, at least not in front of us. 

 

I filled out the form and attached the evidence for the Ombudsman on Friday.. I really hope they can do something coz I don't have the money for a lawyer. 

Probably, yes. 

And you shouldn't use a lawyer as you followed the protocols properly.

I also hope the Ombudsman acts in a timely manner. Or the field office accepts the mistake. Whatever makes them schedule the interview.

[chiks24 11]

10 hours ago, Allaboutwaiting said:

Probably, yes. 

And you shouldn't use a lawyer as you followed the protocols properly.

I also hope the Ombudsman acts in a timely manner. Or the field office accepts the mistake. Whatever makes them schedule the interview.

I'm just worried that they won't respond by first week of February because the deadline to file the motion is second week of February. Ugh. 

[Allaboutwaiting 2,503]

5 hours ago, chiks24 said:

I'm just worried that they won't respond by first week of February because the deadline to file the motion is second week of February. Ugh. 

Which is very expensive btw.

I fully understand your worries and the conundrum you're at. 

[Allaboutwaiting 2,503]

On 1/25/2022 at 6:57 AM, chiks24 said:

I'm just worried that they won't respond by first week of February because the deadline to file the motion is second week of February. Ugh. 

USCIS extended the time to file motions due to covid.

Read this: https://www.uscis.gov/newsroom/alerts/uscis-extends-flexibility-for-responding-to-agency-requests

[chiks24 11]

On 1/28/2022 at 12:51 PM, Allaboutwaiting said:

USCIS extended the time to file motions due to covid.

Read this: https://www.uscis.gov/newsroom/alerts/uscis-extends-flexibility-for-responding-to-agency-requests

At least that's some positive news. Thanks for sharing! 

[Allaboutwaiting 2,503]

1 hour ago, chiks24 said:

At least that's some positive news. Thanks for sharing! 

I forgot to share that with you earlier. 

So you can wait for them a little longer to respond to your request to reschedule before filing a motion or refiling for AOS again. 

Edited January 31, 2022 by Allaboutwaiting

[chiks24 11]

On 1/31/2022 at 1:00 AM, Allaboutwaiting said:

I forgot to share that with you earlier. 

So you can wait for them a little longer to respond to your request to reschedule before filing a motion or refiling for AOS again. 

Yes, hopefully it all works out... 

 

I just moved to a new address in the same city.. Would you happen to know if I need to submit an I-865? (Sponsor's Notice of Change of Address)

[Allaboutwaiting 2,503]

54 minutes ago, chiks24 said:

Yes, hopefully it all works out... 

 

I just moved to a new address in the same city.. Would you happen to know if I need to submit an I-865? (Sponsor's Notice of Change of Address)

So you are the sponsor/petitioner and your wife is the beneficiary? But now you moved and you no longer live together?

[chiks24 11]

2 hours ago, Allaboutwaiting said:

So you are the sponsor/petitioner and your wife is the beneficiary? But now you moved and you no longer live together?

(1) Yes

(2) We moved and still live together

[Allaboutwaiting 2,503]

43 minutes ago, chiks24 said:

(1) Yes

(2) We moved and still live together

I believe it is enough if you update it here: https://egov.uscis.gov/coa/displayCOAInitForm.do?fromFirstCoaPage=true

[chiks24 11]

@Allaboutwaiting

Case reopened on February 4! Didn't get any phone call, email or notices (yet), but I logged into my USCIS account and there it was. So relieved!

 

..but also I'm pretty sure the notice will deliver to the old address so I gotta obtain that somehow. 

[Rocio0010 5,579]

1 hour ago, chiks24 said:

@Allaboutwaiting

Case reopened on February 4! Didn't get any phone call, email or notices (yet), but I logged into my USCIS account and there it was. So relieved!

 

..but also I'm pretty sure the notice will deliver to the old address so I gotta obtain that somehow. 

Sign up for USPS forwarding!

1 hour ago, chiks24 said:

@Allaboutwaiting

Case reopened on February 4! Didn't get any phone call, email or notices (yet), but I logged into my USCIS account and there it was. So relieved!

 

..but also I'm pretty sure the notice will deliver to the old address so I gotta obtain that somehow. 

Also congratulations. You’re a warrior!