application DENIED moved but never got fingerprint appointment

libyloba · November 6, 2007

I’m a citizen and our interview was on Feb of 2006 that day my husband also got his fingerprints done., On September 2006 we moved (but stayed in same borough) and immediately change our address online, completed and changed the address change form, changed our address at the post office. I check the case online almost everyday. We also call the costumer service # every other month and we had 2-3 infopass since then. The message is always the same “the case is pending at the processing site.”

Today we got a letter stamped for the day Oct 25 stating that 2 letters has been sent to informing us of appointments to go for fingerprinting and because he failed to go the application to change status was DENIED no chance to appeal crying.gif . Also his Employment Authorization was canceled and if he did not file a motion to reconsider (which cost $585 dollars and one and a half year to approve) with in 30 days he would be deported mad.gif . We never received those letters. We have all this prove that we have been trying to find get information on the case, so how can we not go to the fingerprint appointments.

I talked to a lawyer and she said that it all seems as if it was their error, still there is nothing we can do but to file the motion to reconsider because immigration would still require it.

I cannot believe the incompetence of the USCIS mad.gif . I’m worry because my husband has been in this country for 10 years (6 years with the process) and he misses his parents so much, they are growing old and he wants to see them so badly. They are already telling him to give up and go back to Morocco but I’m an American woman, my family is here, and here is where I want to stay but with my husband. This is putting a strain on my marriage. I need help… Please crying.gif

11/06/06

Went to our schedule inforpass today and the fist officer who gives us the ticket did not want to let us go to speak to another office once she saw the letter of denial.

officer: "You are here for a motion to reopen"

I: no we are here to speak to somebody that can explain why we are being denied (got cut off)

officer: "what are you talking about it's here, here it explains why you you were rejected"

I: like I was trying to tell you before, we re here to speak to somebody that can explain why we are being denied because we never got those letters. We did move but we put in a change of address immediately.

She ask for our zip code and check the computer. She gives us the ticket and sends on to the eight floor.

We explain to the other officer that we never got the letters and that we did move, then we show her all the papers that we had on the previous infopass and the paper that they sent us very time that we called the costumer service. She then checked the case online and saw that it still said that the case is pending at the Processing site. She asked us to make copies of everything that we had and to bring it back to her, we did and she said to go home and that they are going to review the case and get things sorted out. She said to go home and that we should be receiving something from them within a week and that if we did not get anything to schedule and infopass before the 21st of November.

I know that we have to do the motion to reopen before the 30 days and that would be on November 25ft. Is that cutting it a little too close? Is the 30 days to file a motion to reopen or to do we have 30 days to refile again? what if we choose to refile after the 30 days? is there a penalty for filing after the 30 days?

I got a new lawyer but I trust you guys also because I know some of you have gone or known someone with the same situation.