AOS Denial help!!!!

[marie clo 0]

Hi everyone,

I just received a mail of AOS denial today for failure to appear at the interview on March 28.

I never received a mail inviting me to an interview.Back in january 23rd I received an email saying that the USCIS sent me a mail which was returned as "UNDELIVERABLE'' I called the customer service line several times from january the 24th to March the 28th to let them know I have not changed my address,I live exactly at the same place.They kept saying to wait for 30 days ,I did and call them and call them again. I even received my EAD card after that.I made an inquiry of my case because i knew after fingerprinting on I-485 when everything is in order it's the interview letter which never came.I sent a mail to Lee's summit but they have not answered,I sent an email to DHS on march the 27th to know what is going on exactly with my case,they answered 2 weeks later and told me that my application is in Phoenix that i need to check with them,I took an Infopass appointment ,but the only available date was 28th of April ,so I made it for that date.I even Wrote to the Arizona Senator 2 weeks ago to help me inquire my case,he has not answered yet.In short I did my best to know what was going on with my case.I'm so sad and don't understand why the Phoenix office didn't send me back the letter after I called the customer line so many times.Miraculously their denial letter reach me but not the one for my interview they even say in their mail " If you fail to depart from the USA ,proceedings will be instituted to enforce your departure.You may renew your application for status''. I'm so depressed, don't know what to do.If only they could recognize their mistake . They never sent the letter to me despite the numerous calls i made.

Somebody help me.

Timeline.

AOS package sent on October 2005

AOS Biometrics December 20 2005

February 23,2006 I-765 biometrics

March 31st I- 765 approval

April the 5th 2006,EAD card in the mail

April 24th 2006 letter of denial for failure to attend the interview.

local office: Phoenix

[notrepetiteashley 0]

When you get an AOS denial the 1st thing you need to do is talk to an attourney. I really think this is the best thing you can do right now. I know this is an awful situation, I really feel for you. I hope it can get cleared up soon, as it is not your fault. Talk to an immigration lawyer. And whatever you do...never for one second give up hope.

[Anastasia 1]

You should go for an infopass appointment and tell them what happened, they might help you. I'm also from Phoenix and my AOS was denied (failure to submit all the evidence requested, it's a long story), I was able to successfully reapply for AOS. You have a few choices, you can either reapply or you can file a motion to reopen your case, but whatever you decide to do you should do it as soon as possible before they will start removal proceedings.

Edited April 25, 2006 by Anastasia

[Not Available 0]

That's terrible ! I dont have much advice but just thought I would say I hope you get this figured out!

[Heracles 417]

I would keep the appointment. You must also speak to an immigration attorney.

Edited April 25, 2006 by haza

[marie clo 0]

Thank you for all the support, I'll keep the infopass for friday ,I hope they'll understand that it's their mistake,i'll take with me all the proofs I've ,all the efforts and contacts i made to find out about my case.

I don't even know how to find a good immigration attorney.Anyway,I'll let you know what they'll tell me on friday.

thanks a lot

[Heracles 417]

My advise is document and prepare for it. Prepare a thorough explanantion of the situation in wrinitng, just in case they want to see it.

[sukie175 0]

Don't worry about a lawyer until you have the outcome of the infopass appointmentas you may sort it out there. I wish you luck and a sympathetic immigration officer on Friday!

[ChanelKitten 0]

All the best of luck to you in getting this resolved.

[Jasman0717 9]

Maybe you can try the infopass. If you haven't moved since filing the AOS and you didn't receive the appointment letter I would think you could appeal this decision. Good luck

[PrinceandPrincess 0]

Sorry to hear that... hope things work out.

[eau_xplain 2]

I know of someone else who was also denied because of failure to appear for interview. They were able to successfully get the denial reversed without having to apply for a new AOS. I can't remember the name right now but I hope they see this post and chimes in.

[Kajikit 65]

Go to the infopass appointment and take all the evidence you have that you have attempted to correct the situation. It's happened to people before now and I seem to remember that at least some of them were able to get their aos uncancelled without needing an attorney.

[spmalone 0]

My K-2 was denied her AOS one of the things I learned is there is a short time after the notice to appear is issued where you can get your case reviewed without going to court. I would call everybody I could. I would talk to my post office and get a statement. If you had received mail there before, why did they send the notice back? I would take this information to my congressman’s office and to my senator’s office. Have them call USCIS directly. I would take the statement from the post office down to the local office of USCIS myself. I have recently sat in immigration court several times and I was taken back how often people had to explain something. I was also happy to see that the court tried very hard to allow for human error. I waited to long and ended up in court several times before USCIS said OK here is your green card.

[marie clo 0]

Thank you everyone

Right now ,I am writing a letter with full details of what we have been through to have the letter sent back to us. My husband called the National Customer Services line yesterday and he was dragged from agent to agent for an hour,finally we got an immigration officer on the line who asked my A number,we gave it to him and he said on his screen it's showing all the paperwork are still in Phoenix and that there's no sign of a denial letter he suggested to go ahead and keep the infopass appointment.

I pray we meet a nice officer at our appointment.

Thank you so much for your support ,may God bless you all !!!!