AOS denial - questions about MTR, please help
Feb 2nd 2006, 1:30 pm
#1
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Joined: Feb 2006
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AOS denial - questions about MTR, please help
My AOS application is denied, because we didn't send in the medical examination papers as was requested by RFE I got a while ago. The RFE wasn't clear and I thought it means to send just the vaccination supplement, since I had my medical done already in my country less than a year ago by that time and I came on K-1. My husband also called their help-line to ask about what that RFE and the lady on the phone told him that the RFE asks just for the vaccination supplement. And recently I received a letter from CSC that my AOS is denied.
The way I understand it, the right thing to do right now is file for reopening my case [although in my denial letter it says I can appeal on the denial decision, and it doesn't say anything at all about the existance of motion to reopen]. I wrote a letter explaining what happened and I also state in it that my case is not a subject of any judicial proceeding, that will serve as my motion to reopen letter. I wrote an affidavit stating what happened and that I swear everything I wrote is true, and I will get it notarized. I had a new medical examination done and I will send the sealed medical with everything else, as a new fact to consider in my case. Then I should attach a fee of $385 and I should send my MTR with the fee to Chicago Lockbox. Can somebody please tell me if all these actions correct? Is there anybody here who went through the same process and can share some information about it or give some advices, that would be so helpfull for me.
Also I'm not sure if I can still work legally or not, since my AOS was denied, but my work authorization is still valid for a few months. Anybody has any thoughts?
And one more question, a bit silly, but it bothers my mind. Does my reopening letter have to be in my own writing or can I print it out?
The way I understand it, the right thing to do right now is file for reopening my case [although in my denial letter it says I can appeal on the denial decision, and it doesn't say anything at all about the existance of motion to reopen]. I wrote a letter explaining what happened and I also state in it that my case is not a subject of any judicial proceeding, that will serve as my motion to reopen letter. I wrote an affidavit stating what happened and that I swear everything I wrote is true, and I will get it notarized. I had a new medical examination done and I will send the sealed medical with everything else, as a new fact to consider in my case. Then I should attach a fee of $385 and I should send my MTR with the fee to Chicago Lockbox. Can somebody please tell me if all these actions correct? Is there anybody here who went through the same process and can share some information about it or give some advices, that would be so helpfull for me.
Also I'm not sure if I can still work legally or not, since my AOS was denied, but my work authorization is still valid for a few months. Anybody has any thoughts?
And one more question, a bit silly, but it bothers my mind. Does my reopening letter have to be in my own writing or can I print it out?
Feb 2nd 2006, 3:16 pm
#2
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Joined: Jul 2002
Location: Richmond, VA, USA
Posts: 4,316
Re: AOS denial - questions about MTR, please help
What did the RFE letter specifically state you needed to submit? A medical exam or a vaccination supplement?
I'm not sure what the difference is between appealing a denial and filing a motion to reopen, so I'll refrain from commenting on that issue.
As far as working, I believe once one's AOS is denied that voids the EAD, even if the EAD card itself shows a future expiration date.
~ Jenney
I'm not sure what the difference is between appealing a denial and filing a motion to reopen, so I'll refrain from commenting on that issue.
As far as working, I believe once one's AOS is denied that voids the EAD, even if the EAD card itself shows a future expiration date.
~ Jenney
Feb 3rd 2006, 1:51 am
#3
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Joined: Apr 2003
Posts: 280
Re: AOS denial - questions about MTR, please help
See my posts of this week on the exact same subject to 2 different posters. I explained in detail how to do it, as we successfully re-opened 4 months ago. As for printing it out, yes you can but it must be signed.
Originally Posted by SchAn
My AOS application is denied, because we didn't send in the medical examination papers as was requested by RFE I got a while ago. The RFE wasn't clear and I thought it means to send just the vaccination supplement, since I had my medical done already in my country less than a year ago by that time and I came on K-1. My husband also called their help-line to ask about what that RFE and the lady on the phone told him that the RFE asks just for the vaccination supplement. And recently I received a letter from CSC that my AOS is denied.
The way I understand it, the right thing to do right now is file for reopening my case [although in my denial letter it says I can appeal on the denial decision, and it doesn't say anything at all about the existance of motion to reopen]. I wrote a letter explaining what happened and I also state in it that my case is not a subject of any judicial proceeding, that will serve as my motion to reopen letter. I wrote an affidavit stating what happened and that I swear everything I wrote is true, and I will get it notarized. I had a new medical examination done and I will send the sealed medical with everything else, as a new fact to consider in my case. Then I should attach a fee of $385 and I should send my MTR with the fee to Chicago Lockbox. Can somebody please tell me if all these actions correct? Is there anybody here who went through the same process and can share some information about it or give some advices, that would be so helpfull for me.
Also I'm not sure if I can still work legally or not, since my AOS was denied, but my work authorization is still valid for a few months. Anybody has any thoughts?
And one more question, a bit silly, but it bothers my mind. Does my reopening letter have to be in my own writing or can I print it out?
The way I understand it, the right thing to do right now is file for reopening my case [although in my denial letter it says I can appeal on the denial decision, and it doesn't say anything at all about the existance of motion to reopen]. I wrote a letter explaining what happened and I also state in it that my case is not a subject of any judicial proceeding, that will serve as my motion to reopen letter. I wrote an affidavit stating what happened and that I swear everything I wrote is true, and I will get it notarized. I had a new medical examination done and I will send the sealed medical with everything else, as a new fact to consider in my case. Then I should attach a fee of $385 and I should send my MTR with the fee to Chicago Lockbox. Can somebody please tell me if all these actions correct? Is there anybody here who went through the same process and can share some information about it or give some advices, that would be so helpfull for me.
Also I'm not sure if I can still work legally or not, since my AOS was denied, but my work authorization is still valid for a few months. Anybody has any thoughts?
And one more question, a bit silly, but it bothers my mind. Does my reopening letter have to be in my own writing or can I print it out?
Feb 3rd 2006, 4:32 am
#4
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Joined: Feb 2006
Posts: 8
Re: AOS denial - questions about MTR, please help
Originally Posted by grouchy
See my posts of this week on the exact same subject to 2 different posters. I explained in detail how to do it, as we successfully re-opened 4 months ago. As for printing it out, yes you can but it must be signed.
Thank you.
Feb 3rd 2006, 5:37 am
#5
Forum Regular
Joined: Apr 2005
Posts: 125
Re: AOS denial - questions about MTR, please help
It seems to me that if you get an RFE on an AOS your pretty much screwed as the documentation you return always ends up lost.
I submitted mine today with just the Vaccination Supplement as it's under a year. I wrote a cover letter explaining why I was not submitting a brand new medical.
I submitted mine today with just the Vaccination Supplement as it's under a year. I wrote a cover letter explaining why I was not submitting a brand new medical.
