AOS denial: USCIS said i left the country but i did not

[JimJane 4]

Hi VJers,

I have been following this boards for quite some time.

I applied for concurrent I-130,I-485,I-131 and I-765.

I went for my fingerprints and was issued EAD card (not valid for re-entry) and 2 days later i got an AP document.

We went for interviews and it seemed to go well but at the end we were shocked to be told that the application is under review.

I checked online and saw that the I-130 was approved but the I-485 was denied.

Today i got the denial letter. It says the I-485 is denied, EAD is cancelled and no appeal is allowed.I was given 30 days to leave the country.

The denial reasons ,according to them were:

>>Their records show i left on ...August 2012. I submitted a travel itinerary when i submitted the AP application .They are claiming i left on that flight

I never left the US since i came in earlier in the year on B1 visa. They took my I-94 at the interview and asked for my EAD(which they returned to me). They never asked for the AP documents. I got an email on the day i was supposed to travel from the travel agency ,notifying me that my flight was cancelled

because i did not show up.

They are denying me based on Title 8,Code of federal regulations,part 245.2(a)(4)(ii) .

Please,i need advice on what to do next

Thank you all

[LindaC1990 23]

I am sorry to hear this, I suggest you talk to a lawyer asap.

[Harpa Timsah 13,258]

You will need to contact the airline and get them to show that you were not on that flight. You did not cancel the flight in advance, the airline did not properly update their flight manifest (their mistake) and the exit tracking system says that you left. it is always best to cancel your flights, this issue has happened before. I would do the motion to reopen, and get the new evidence. You can search prior threads, like I said, this has happened before.

Edited September 7, 2012 by Harpa Timsah

[JimJane 4]

You will need to contact the airline and get them to show that you were not on that flight. You did not cancel the flight in advance, the airline did not properly update their flight manifest (their mistake) and the exit tracking system says that you left. it is always best to cancel your flights, this issue has happened before. I would do the motion to reopen, and get the new evidence. You can search prior threads, like I said, this has happened before.

Thanks . I got an email from the travel agent (on the supposed travel day) that my ticket was cancelled because i did not show up. And on the interview,the IO pointedly asked me if i traveled on that day and i said NO.

[Harpa Timsah 13,258]

Right, but just to explain in further detail... The US monitors exits through a system that relies on the flight manifest the airlines is meant to keep, by law. You did not cancel your flight, so in the few minutes between the time they realized you were not really coming and takeoff, they did not properly record the new data in their manifest. So, the US system says you left. You need to get some more information and proof from the airline that you were not on that flight (I don't think one email is good enough) and file the Motion to Reopen based on an error in their exit tracking system.

A consult with a lawyer might be a good idea too.

[epsonderby 85]

Hi VJers,

I have been following this boards for quite some time.

I applied for concurrent I-130,I-485,I-131 and I-765.

I went for my fingerprints and was issued EAD card (not valid for re-entry) and 2 days later i got an AP document.

We went for interviews and it seemed to go well but at the end we were shocked to be told that the application is under review.

I checked online and saw that the I-130 was approved but the I-485 was denied.

Today i got the denial letter. It says the I-485 is denied, EAD is cancelled and no appeal is allowed.I was given 30 days to leave the country.

The denial reasons ,according to them were:

>>Their records show i left on ...August 2012. I submitted a travel itinerary when i submitted the AP application .They are claiming i left on that flight

I never left the US since i came in earlier in the year on B1 visa. They took my I-94 at the interview and asked for my EAD(which they returned to me). They never asked for the AP documents. I got an email on the day i was supposed to travel from the travel agency ,notifying me that my flight was cancelled

because i did not show up.

They are denying me based on Title 8,Code of federal regulations,part 245.2(a)(4)(ii) .

Please,i need advice on what to do next

Thank you all

Which airline were you booked with? It's an interesting point to note that some airlines don't allow you to cancel the flight because of certain restrictions placed on the ticket. The ticket I bought to enter the US back in May was non-refundable and also I wasn't able to cancel the return portion when I stayed. I booked with Alitalia and I have the e-ticket with the information at the bottom and also my correspondence with them regarding the cancellation of my ticket and also their replies saying they couldn't cancel the ticket.

I wonder if this is something I'll have to contend with?

EDIT: Although I did get my taxes back for the unused portion of my ticket from Alitalia from what I can see from my CC statement...

Edited September 8, 2012 by epsonderby

[Harpa Timsah 13,258]

Which airline were you booked with? It's an interesting point to note that some airlines don't allow you to cancel the flight because of certain restrictions placed on the ticket. The ticket I bought to enter the US back in May was non-refundable and also I wasn't able to cancel the return portion when I stayed. I booked with Alitalia and I have the e-ticket with the information at the bottom and also my correspondence with them regarding the cancellation of my ticket and also their replies saying they couldn't cancel the ticket.

I wonder if this is something I'll have to contend with?

EDIT: Although I did get my taxes back for the unused portion of my ticket from Alitalia from what I can see from my CC statement...

You weren't able to CANCEL the ticket? Of course, you get no refund, but you can ring them and say, "I am not using this, cancel me!" You were stopped from doing this?

Because, yes, it can be a problem (usually not, but there are a few cases on here of this issue).

Edited September 8, 2012 by Harpa Timsah

[epsonderby 85]

You weren't able to CANCEL the ticket? Of course, you get no refund, but you can ring them and say, "I am not using this, cancel me!" You were stopped from doing this?

Because, yes, it can be a problem (usually not, but there are a few cases on here of this issue).

I did ring them and they insisted that I couldn't cancel the flight and just not to show up. They refunded the tax on the ticket though, which is kind of strange to me...

I'm not too worried about it though.

Edited September 8, 2012 by epsonderby

[NigeriaorBust 4,087]

If you entered through VWP if they deny you you have no right to appeal. That is the risk of not going to the long route and filling a K1 or Cr1 visa. I am afriad you have no choice but to leave. I am not sure about filing from a visitors visa. This happened once before to someone that didn't cancel the return flight about a year ago.

Edited September 8, 2012 by NigeriaorBust

[Penguin_ie 5,993]

*** Moving from AOS from Family Visa to AOS from Work, TRavel etc as OP indicated they also filed I-130 ***

[JimJane 4]

Right, but just to explain in further detail... The US monitors exits through a system that relies on the flight manifest the airlines is meant to keep, by law. You did not cancel your flight, so in the few minutes between the time they realized you were not really coming and takeoff, they did not properly record the new data in their manifest. So, the US system says you left. You need to get some more information and proof from the airline that you were not on that flight (I don't think one email is good enough) and file the Motion to Reopen based on an error in their exit tracking system.

A consult with a lawyer might be a good idea too.

Can i file the Motion to Reopen on my own or must i get a lawyer?

[ceadsearc 516]

If you entered through VWP if they deny you you have no right to appeal. That is the risk of not going to the long route and filling a K1 or Cr1 visa. I am afriad you have no choice but to leave. I am not sure about filing from a visitors visa. This happened once before to someone that didn't cancel the return flight about a year ago.

OP said they were on a B-1 though so they will have the right to appeal.

[Harpa Timsah 13,258]

Can i file the Motion to Reopen on my own or must i get a lawyer?

You can do it on your own, but it is probably wise to at least get a consult, in case there are any other gotchas.

There are directions for how to do it ion the letter you got.

Edited September 8, 2012 by Harpa Timsah

[Calicolom 266]

This is a lot of good information about airlines. I was going to book my fiancés flight 2 ways, but now I will book her flight only one way even if it is more expensive. This way there will be no question of her returning to her country. Learn something on VJ every day.

[Sandra G. 5,047]

You can file a motion to reopen or reconsider.The motion should be filed with the USCIS office that made the decision. Good luck.