Denied for failure to respond even though I responded

[Noname93 200]

I'm honestly about to cry.

I just got a denial for not responding to my RFE. Except that I did respond. I have the tracking number from USPS and it showed delivered in October. Counting the extra 60 days from the covid extension, I had until November to respond. I also made an inquiry with uscis because my case hadn't updated to "response received". I made that request as soon as I could and haven't heard anything back. But now I got denied. What can I do? I can't afford a lawyer. Do I need to quit my job until this is resolved?

Another problem is that the letter says that a motion to reopen must be filed within 33 days of this letter. However, I just got this letter today, but the date on it says September 27. Am I screwed? Should I just pack my bags and tell my husband we have to relocate to Europe?

[Allaboutwaiting 2,503]

You can submit your case to the Ombudsman. More information about that here: https://www.dhs.gov/case-assistance

 

You can also call customer service, ask for a Tier 2 agent and explain the issue. 

 

Truly sorry you're going through this. I do understand how appalling it is.

[Rocio0010 5,579]

3 hours ago, Noname93 said:

Do I need to quit my job until this is resolved?

No. Breathe.

I know the letter is scary, I know. But here’s the thing: you remain a PR until an IJ rules the opposite. So no matter what that letter says, you can still stay and work because your status hasn’t been terminated. 
You can certainly try with the ombudsman. It’s free. But what might be better is to go to your closes USCIS office and ask to talk to the supervisor or anybody in charge that day for all that matters. Take EVERYTHING you have related to this: the copy of your RFE letter, the copy of your response, the tracking number with proof of reception, and the denial letter. Explain the situation, even make a timeline so that they can understand better. Do not leave without a response. Go first thing in the morning. 
Also, call a Tier 2 officer, your Senator. Explain the situation. Raise your voice. Take all the energy you were going to use into packing for Europe and use it to fight -you got this.

[Noname93 200]

Thanks for calming me down. I managed to get a real person on Emma and they put in an emergency expedited request based on uscis error (not the exact wording). I'm supposed to hear back within 5 days. We also talked to a relative's friend who works at INS. He said in most of those situations, the easiest thing is to just file a new I-751 since I haven't gotten an NTA (yet?)

[Timona 4,207]

1 hour ago, Noname93 said:

Thanks for calming me down. I managed to get a real person on Emma and they put in an emergency expedited request based on uscis error (not the exact wording). I'm supposed to hear back within 5 days. We also talked to a relative's friend who works at INS. He said in most of those situations, the easiest thing is to just file a new I-751 since I haven't gotten an NTA (yet?)

 

Do it. I'll rather part with $650 than deal with USCIS headaches.

[Noname93 200]

11 minutes ago, Timona said:

 

Do it. I'll rather part with $650 than deal with USCIS headaches.

Is it enough to explain the situation in the cover letter since I am now technically over a year late in filing?

[da95826 387]

2 minutes ago, Noname93 said:

Is it enough to explain the situation in the cover letter since I am now technically over a year late in filing?

Yes, you just need an explanation as to why you are filing your joint i751 case late. (Note if i751 waiver case you file anytime, no time limits to file them) 

Filing a 2nd l751 after ROC dinal is the best course of action at this point.

[Allaboutwaiting 2,503]

18 hours ago, Rocio0010 said:

But what might be better is to go to your closes USCIS office and ask to talk to the supervisor or anybody in charge that day for all that matters. Take EVERYTHING you have related to this: the copy of your RFE letter, the copy of your response, the tracking number with proof of reception, and the denial letter. Explain the situation, even make a timeline so that they can understand better. Do not leave without a response. Go first thing in the morning. 

USCIS field offices do not allow walk-ins. You must have an appointment to visit an office.

[Rocio0010 5,579]

4 hours ago, Allaboutwaiting said:

USCIS field offices do not allow walk-ins. You must have an appointment to visit an office.

Some of them do. Columbus does.

[Allaboutwaiting 2,503]

6 hours ago, Rocio0010 said:

Some of them do. Columbus does.

Where did you get that information from?

[Rocio0010 5,579]

2 minutes ago, Allaboutwaiting said:

Where did you get that information from?

Another OP posted last week that he was able to do a walk- in for a biometrics.

[Allaboutwaiting 2,503]

1 minute ago, Rocio0010 said:

Another OP posted last week that he was able to do a walk- in for a biometrics.

Biometrics ARE NOT taken at field offices. 

[Rocio0010 5,579]

Just now, Allaboutwaiting said:

Biometrics ARE NOT taken at field offices. 

Yeah I realized after I wrote my reply.

[Allaboutwaiting 2,503]

@mindthegap Do you think OP is better filing for ROC again if the case was denied because she supposedly did not respond to an RFE? (Her case never updated to "response recieved")

[Noname93 200]

Just got a response that the only course if action is filing a 290b so we're filing a new i751 tomorrow