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Filed: AOS (apr) Country: Chile
Timeline
Posted

Hi, I checked my wife's adjustment status online, and apparently USCIS had sent a notice to us for the 485 and 765 but the mail was returned to USCIS as undeliverable. They definitely have our correct address, and our name is clearly marked on our mailbox. Also, they have our attorney's address which has not changed. Both of us have received mail for the case from USCIS before.

Apparently there is an 81 day window from the time USCIS asks for a RFE from the time they send out the initial notice. I'm assuming this is what that was for. Our attorney says that's probably what it is for.

What can we do?? Our attorney spoke with someone from USCIS who said she "does not care" about our case and said it would take 40-45 days for us to have the letter re-sent to us. But that is cutting it Extremely close to the 81-day window. PLEASE HELP!!!!!!! WHAT CAN WE DO???? Does anyone else know about this? Do we have a legal leg to stand on if it's USCIS's fault the mail was returned as undeliverable???? Could USCIS e-mail us the notice? We just need to know what they need!!!!!!!!

Filed: AOS (apr) Country: Chile
Timeline
Posted

Hi, I checked my wife's adjustment status online, and apparently USCIS had sent a notice to us for the 485 and 765 but the mail was returned to USCIS as undeliverable. They definitely have our correct address, and our name is clearly marked on our mailbox. Also, they have our attorney's address which has not changed. Both of us have received mail for the case from USCIS before.

Apparently there is an 81 day window from the time USCIS asks for a RFE from the time they send out the initial notice. I'm assuming this is what that was for. Our attorney says that's probably what it is for.

What can we do?? Our attorney spoke with someone from USCIS who said she "does not care" about our case and said it would take 40-45 days for us to have the letter re-sent to us. But that is cutting it Extremely close to the 81-day window. PLEASE HELP!!!!!!! WHAT CAN WE DO???? Does anyone else know about this? Do we have a legal leg to stand on if it's USCIS's fault the mail was returned as undeliverable???? Could USCIS e-mail us the notice? We just need to know what they need!!!!!!!!

Filed: Timeline
Posted

I would suggest you make an infopass as soon as you can (even if the case is not at local level). They should have some information on you case and if the officer is not much help, ask to speak to a supervisor. We are going through something similar and the infopass gave us a shred of hope. Be prepare, take all papers that you have on your case with you. Keep us posted on any new information about your case and Good luck :thumbs:

Filed: Other Timeline
Posted

Fire the lawyer. And make an infopass appointment.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Filed: AOS (apr) Country: Chile
Timeline
Posted
I would suggest you make an infopass as soon as you can (even if the case is not at local level). They should have some information on you case and if the officer is not much help, ask to speak to a supervisor. We are going through something similar and the infopass gave us a shred of hope. Be prepare, take all papers that you have on your case with you. Keep us posted on any new information about your case and Good luck :thumbs:

Thanks for all your answers!!

Update: USCIS just sent a letter to my lawyer saying:

Correspondence, regarding your application for Adjustment of Status I-485 and the I-130, was sent to the National Benefits Center. The systems show that you had biometrics taken at a local Application Support Center (ASC) within the jurisdiction of your local District Office; however the application is awaiting an interview. Your local District Office will contact you once they are able to schedule the appointment. Should you not be contacted by your local District Office within 90 days of this notice, please call the National Customer Service Center at the number listed below.

Our lawyer (who is a member of AILA) says that this means that they must have not been trying to send an RFI.

Ah yes, and a few days after I posted -- we got the original receipt for the I-765 on our own mailbox. I then checked out the online status of the I-765, and it said "Card Production Ordered" (no longer said anything was returned as undeliverable). So I'm thinking that they were just trying to send us the original receipts for the I-485 and I-130 before and just didn't update the website.

What do you think?

 
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