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AOS denied due to INS mistake, how to proceed?

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AOS denied due to INS mistake, how to proceed?

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Old Aug 19th 2001, 9:13 am
  #1  
Joel Therrien
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Hello,

It has been a while since I've posted here. My wife had arrived from China
two years ago and in a few short months we will celebrate our second wedding
anniversary. Apparently the Chicago branch of the INS is very slow to process
to our adjustment of status, but about three months ago my wife finally got
her request for fingerprinting. We did this and expected to wait about five
months to hear about the interview. Well yesterday we returned from a
vacation to have a registered letter waiting for us from the INS. It stated
that her AOS was denied because she failed to show up for her interview date
of Aug 9. Now we never got the letter informing us of the interview. The
catch is that we moved since we filed for the AOS. Just to a different
apartment, not out of state or anything like that. We informed the INS using
their form (I forget the form #). After sending this out we got a receipt
from the Chicago branch noting the receipt of our new address. The envelope
that they mailed it in had out updated address. Now here's the catch... the
registered letter was addressed to our old address! The INS apparently never
updated its records. So, anyone ever have a similar experience? and how
painful is it going to be to get the INS to admit that they sent the letter
to the wrong address and it apparently got lost?

First thing Monday I will call my senator who has an INS caseworker on staff
and see what they can do. But any other thoughts, experineces, etc.. would be
appreciated.

Thanks.

Joel Therrien
 
Old Aug 19th 2001, 9:20 am
  #2  
Onigiri
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Call the immigration liaison of your congressional representative. your rep ( not the
senetor) represents you better and they all have an immigration liaison with their
constituent services office. Check your blue pages to find out who your rep is. You
have great documentation. So your case could really shake some INS monkeys in the
Chicago office. Go for it.

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Old Aug 19th 2001, 9:50 am
  #3  
Alvena Ferreira
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Joel Therrien wrote:
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Well, first I would just go there with my documentation of the address thingie (and
also bring copies of that for them to keep), and ask them for a new interview. It
would also be appropriate to bring an official signed/notarized letter to the
office head, explaining the situation and asking for a new interview. It's
obviously a misunderstanding due to their poor record-keeping and probably happens
quite a bit, actually.

Then if they get their shorts in a wad, it's time to call out the big guns and get
the congressional immigration liaison to act on your behalf. And if that fails or
seems too slow to meet your anxiety needs, then it's attorney time.

Alvena
--
I am not a lawyer and this is not legal advice; this is my personal opinion, posted
for the purpose of discussion only.
---
K-1 FAQ: http://www.k1faq.com Jonathan's K-1 pages:
http://pages.prodigy.net/alixtcat/immigrat.htm Doc Steen's Marriage Visa Information
Pages: http://www.mindspring.com/~docsteen/...o/visainfo.htm
 
Old Aug 20th 2001, 12:17 am
  #4  
Andy Platt
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nyone
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I think I'll reverse this question. How many people successfully had their INS
offices update their address after sending in a change of address request?

I would tackle the INS office first (in person) and then follow up with your
representatives. Also send a letter to the director of the INS office pointing out
that they need to put some mechanism in place to ensure that they follow up with
change of address notifications.

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Aug 20th 2001, 12:56 am
  #5  
Alvena Ferreira
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Andy Platt wrote:
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You know, this is such a problem universally, that I am willing to bet that it is
linked to their archaic computer system. People send them, the offices report that
they get them, but the AOS letters go to the old address. I'm confident that some
glitch in their operating system prevents this from being changed in the original
database, and as a result the letters always go to the old address.

Just MHO, I could be wrong, of course.

Alvena
--
I am not a lawyer and this is not legal advice; this is my personal opinion, posted
for the purpose of discussion only.
---
K-1 FAQ: http://www.k1faq.com Jonathan's K-1 pages:
http://pages.prodigy.net/alixtcat/immigrat.htm Doc Steen's Marriage Visa Information
Pages: http://www.mindspring.com/~docsteen/...o/visainfo.htm
 
Old Aug 20th 2001, 1:15 am
  #6  
Andy Platt
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I have a different guess. When you apply for each benefit you put your address. I've
seen them working on AP and EAD requests when I've gone for my EAD appointments and
they just copy the address directly from the form. I bet it's the same with the
I-485s too. They put a change of address in the folder but when the examiner pulls
the file they fail to notice this and just use the old address.

Either or both of our guesses are equally likely. There are probably other likely
guesses like they put all the change of address letters straight in the trash.

Andy.

--
I'm not really here - it's just your warped imagination.

    >
[usenetquote2]> > I think I'll reverse this question. How many people successfully had[/usenetquote2]
their
[usenetquote2]> > INS offices update their address after sending in a change of address request? I[/usenetquote2]
[usenetquote2]> > would tackle the INS office first (in person) and then follow up with[/usenetquote2]
your
[usenetquote2]> > representatives. Also send a letter to the director of the INS office pointing[/usenetquote2]
[usenetquote2]> > out that they need to put some mechanism in place to ensure[/usenetquote2]
that
[usenetquote2]> > they follow up with change of address notifications.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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