waiting for an answer

[animaeeyes 0]

i need some help. I applied for an adjustment of status for my husband who is french. when we were finally called for an initial interview apointment, we did not have his birthcertificate as they required since we had already sent it in to uscis when we originally filed the application. we were told we could change the appointment and over the phone they made a request to change the appointment time. that was all that was said. then we were sent a denial notice without appeal becasue we had "missed" the appointment"! when i called i was told that there was a record of my having made the request for a change of time in the form of an "inquiry"number". we were given this inquiry number and told to take it to the local district office and everything would be fine. when we did this, we were told that the inquiry number did not mean anything, it was not coming up on the system, and that any information we might have gotten on the phone regarding this case was "east coast" ( we are in california) and did not pertain. i was told more or less to file a motion to re-open my husbands case beacsue they had made a mistake but that the burden of proof was on me and i was obligated to provide proof.

ive done this but what more can i do besides get a lawyer and pray for the best? i can't believe this. we are married and have a son.

any advice?

[Yodrak 7]

amimaeeyes,

This problem of re-scheduled appointments that aren't is a frequent topic of discussion here at VJ. Too late now to help you, unfortunately.

I would have a consultation with an immigration attorney to discuss what you need to do to file the motion to reopen, then decide whether to do it myself or hire the attorney to do it for me.

Yodrak

i need some help. I applied for an adjustment of status for my husband who is french. when we were finally called for an initial interview apointment, we did not have his birthcertificate as they required since we had already sent it in to uscis when we originally filed the application. we were told we could change the appointment and over the phone they made a request to change the appointment time. that was all that was said. then we were sent a denial notice without appeal becasue we had "missed" the appointment"! when i called i was told that there was a record of my having made the request for a change of time in the form of an "inquiry"number". we were given this inquiry number and told to take it to the local district office and everything would be fine. when we did this, we were told that the inquiry number did not mean anything, it was not coming up on the system, and that any information we might have gotten on the phone regarding this case was "east coast" ( we are in california) and did not pertain. i was told more or less to file a motion to re-open my husbands case beacsue they had made a mistake but that the burden of proof was on me and i was obligated to provide proof.

ive done this but what more can i do besides get a lawyer and pray for the best? i can't believe this. we are married and have a son.

any advice?

[Kez/JWolf 6]

I agree with Yodrak.... it is too late to advise you not to miss the appointment because you will get a dinial in the mail.... you already found that out.... you do need to speak to an immigration lawyer ASAP.... to get this sorted out... until a motion to reopen has been accepted your EAD and AP if you have them are now void so be very careful in what you do...

Good Luck

Kez

[LibCampFireClub 635]

While it is true that you cannot appeal the denial, you can file a motion to reopen without fee. What you need to do is compose a detailed but not verbose letter explaining the situation of your case, making sure you reference all telephone calls, dates, names, and paperwork. Include copies of everything, and do NOT send originals. Make sure you include your partners A-number, and receipt number.

At the top of the letter write in bold large letters:

MOTION TO REOPEN WITHOUT FEE

Send it to the same address that processed your case. I was successful with this action. If this fails also, your next move would be to file with the ombudsman. Go to their website for details, but again, file the motion to reopen without fee first and await their reply.

[~krakatoa~ 27]

While it is true that you cannot appeal the denial, you can file a motion to reopen without fee. What you need to do is compose a detailed but not verbose letter explaining the situation of your case, making sure you reference all telephone calls, dates, names, and paperwork. Include copies of everything, and do NOT send originals. Make sure you include your partners A-number, and receipt number.

At the top of the letter write in bold large letters:

MOTION TO REOPEN WITHOUT FEE

Send it to the same address that processed your case. I was successful with this action. If this fails also, your next move would be to file with the ombudsman. Go to their website for details, but again, file the motion to reopen without fee first and await their reply.