AOS denied due to non-attendance at interview.
I recewived my interview letter in on July 16 for Aug 25. For various reasons previously discussed in another thread I could not re-schedule a trip already bought and planned for for that time.
I sent a letter to Los Angeles Districit Office with a copy of the notice and explaining I could not attend and asking for re-scheduling of interview date. I have a signed receipt of registered mail from BCIS. I did not hear back prior to leaving the US. Just got back this morning. Have a letter from BCIS saying because I did not show for the interview and did not contact them to re-schedule my AOS applicaiton is denied and my AP and EAD are thus invalid. At firt I was a little paniced, but then realized that clearly it is a mistake on their part as I have proof of their receipt of my letter of request to re-schedule and inability to attend. So it seems I have three options: - write back explaining the situation and enclosing the relevant proof documents - call the 1800 number (although I doubt they will be of any help) - make an infopass appointment and go into the LA office downtoan and pursua the matter I took the last option. Was I correct? Should I be doing anything else? Thanks |
Re: AOS denied due to non-attendance at interview.
Originally Posted by alect
I recewived my interview letter in on July 16 for Aug 25. For various reasons previously discussed in another thread I could not re-schedule a trip already bought and planned for for that time.
I sent a letter to Los Angeles Districit Office with a copy of the notice and explaining I could not attend and asking for re-scheduling of interview date. I have a signed receipt of registered mail from BCIS. I did not hear back prior to leaving the US. Just got back this morning. Have a letter from BCIS saying because I did not show for the interview and did not contact them to re-schedule my AOS applicaiton is denied and my AP and EAD are thus invalid. At firt I was a little paniced, but then realized that clearly it is a mistake on their part as I have proof of their receipt of my letter of request to re-schedule and inability to attend. So it seems I have three options: - write back explaining the situation and enclosing the relevant proof documents - call the 1800 number (although I doubt they will be of any help) - make an infopass appointment and go into the LA office downtoan and pursua the matter I took the last option. Was I correct? Should I be doing anything else? Thanks Perhaps a motion to re-open is in order? |
Re: AOS denied due to non-attendance at interview.
I don't think a motion to re-open should be filed since the case should have never been closed! Go to your local office and in addition reply to that letter with the supporting documentation about the letter you sent and copies of the stamps in your passport that you were not in the US those days. Also contact your local political represantive and explain to them your situation hopefully they will solve it for the you without the hassle and the expenses of filing a motion to re-open.
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Re: AOS denied due to non-attendance at interview.
Originally Posted by AGUILA
I don't think a motion to re-open should be filed since the case should have never been closed! Go to your local office and in addition reply to that letter with the supporting documentation about the letter you sent and copies of the stamps in your passport that you were not in the US those days. Also contact your local political represantive and explain to them your situation hopefully they will solve it for the you without the hassle and the expenses of filing a motion to re-open.
How is it any different than what happened to Kitty? She filed her change of address and USCIS did not update their records and that resulted in her AOS being deemed abandoned and not subject to appeal. Isn't this a similar situation where the OP sent a letter in to USCIS but it was not acted upon. Both cases involve AOS applicants who have proof they took the necessary action but that USCIS screwed up. Why should Kitty have to file a motion to re-open but not Alect? |
Re: AOS denied due to non-attendance at interview.
Originally Posted by sphyrapicus
Eagle,
How is it any different than what happened to Kitty? She filed her change of address and USCIS did not update their records and that resulted in her AOS being deemed abandoned and not subject to appeal. Isn't this a similar situation where the OP sent a letter in to USCIS but it was not acted upon. Both cases involve AOS applicants who have proof they took the necessary action but that USCIS screwed up. Why should Kitty have to file a motion to re-open but not Alect? |
Re: AOS denied due to non-attendance at interview.
Originally Posted by alect
I recewived my interview letter in on July 16 for Aug 25. For various reasons previously discussed in another thread I could not re-schedule a trip already bought and planned for for that time.
I sent a letter to Los Angeles Districit Office with a copy of the notice and explaining I could not attend and asking for re-scheduling of interview date. I have a signed receipt of registered mail from BCIS. I did not hear back prior to leaving the US. Just got back this morning. Have a letter from BCIS saying because I did not show for the interview and did not contact them to re-schedule my AOS applicaiton is denied and my AP and EAD are thus invalid. At firt I was a little paniced, but then realized that clearly it is a mistake on their part as I have proof of their receipt of my letter of request to re-schedule and inability to attend. So it seems I have three options: - write back explaining the situation and enclosing the relevant proof documents - call the 1800 number (although I doubt they will be of any help) - make an infopass appointment and go into the LA office downtoan and pursua the matter I took the last option. Was I correct? Should I be doing anything else? Thanks If I were you I would go to your local office ASAP!! Good Luck! |
Re: AOS denied due to non-attendance at interview.
Originally Posted by alect
I recewived my interview letter in on July 16 for Aug 25. For various reasons previously discussed in another thread I could not re-schedule a trip already bought and planned for for that time.
I sent a letter to Los Angeles Districit Office with a copy of the notice and explaining I could not attend and asking for re-scheduling of interview date. I have a signed receipt of registered mail from BCIS. I did not hear back prior to leaving the US. Just got back this morning. Have a letter from BCIS saying because I did not show for the interview and did not contact them to re-schedule my AOS applicaiton is denied and my AP and EAD are thus invalid. At firt I was a little paniced, but then realized that clearly it is a mistake on their part as I have proof of their receipt of my letter of request to re-schedule and inability to attend. So it seems I have three options: - write back explaining the situation and enclosing the relevant proof documents - call the 1800 number (although I doubt they will be of any help) - make an infopass appointment and go into the LA office downtoan and pursua the matter I took the last option. Was I correct? Should I be doing anything else? Thanks Patrick |
Re: AOS denied due to non-attendance at interview.
Maybe it'd be easier if you contacted an attorney??? This is just another example of how incredibly stupid BCIS really is.
All the best!!! |
Re: AOS denied due to non-attendance at interview.
Originally Posted by Hypertweeky
Ouch:(
If I were you I would go to your local office ASAP!! Good Luck! |
Re: AOS denied due to non-attendance at interview.
Originally Posted by alect
yes I immediately scheduled an infopass appointment - but the earliest date is Sep 17. Thanks for all the advice. I am also going to now send a letter with supporting documentation and contact my congressman. I will also contact the DHS/BCIS ombudsman - does anyone have that link handy?
http://britishexpats.com/forum/showt...ight=ombudsman Best Wishes, Rene |
Re: AOS denied due to non-attendance at interview.
alect <member21273@british_expats.com> wrote in
news:[email protected] m: > At firt I was a little paniced, but then realized that clearly it > is a mistake on their part as I have proof of their receipt of my > letter of request to re-schedule and inability to attend. > > So it seems I have three options: > - write back explaining the situation and enclosing the relevant > proof documents > - call the 1800 number (although I doubt they will be of any help) > - make an infopass appointment and go into the LA office downtoan > and pursua the matter Call your Congress-critter or Senator's office. Doesn't much matter which; whoever has the most on-the-ball staff in your district. It's all well and good to wait in turn with everyone else and not try to use congressional influence to cut in line. But when USCIS screws up, it's time to have an MC (or, really, an aide) vigorously apply the Clue Stick until they agree with your position. -- Jim Battista A noble spirit embiggens the smallest man. |
Re: AOS denied due to non-attendance at interview.
Originally Posted by aussie_rachel
Maybe it'd be easier if you contacted an attorney??? This is just another example of how incredibly stupid BCIS really is.
All the best!!! And why is the USCIS (there is no BCIS) incredibly stupid? They might well have recieved his communique to postpone the interview but felt that having to take a vacation rather than attend is no a valid reason to postpone/reschedule. I do recall someone saying that was written in one of their appointment letters. Rete |
Re: AOS denied due to non-attendance at interview.
Knowing how slowly the USCIS moves, I wouldn't be surprised if the letter explaining lack of attendance didn't even arrive on the correct person's desk until after the interview date, or some such thing. Who knows if it even got into the right hands to be matched up with his case pending. Just because it got delivered doesn't mean it got to the right person on time...or even at all.
Please keep us posted on how your case progresses. Best Wishes, Rene |
Re: AOS denied due to non-attendance at interview.
Originally Posted by AGUILA
I am presuming that if you file the motion you are given the ok to USCIS to claim that they were right in closing the case when they were not.
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Re: AOS denied due to non-attendance at interview.
Originally Posted by Rete
And why is the USCIS (there is no BCIS) incredibly stupid? They might well have recieved his communique to postpone the interview but felt that having to take a vacation rather than attend is no a valid reason to postpone/reschedule. I do recall someone saying that was written in one of their appointment letters.
Rete Furthermore, I received no reply from USCIS stating that the reasons for my requesting a rescheduling were invalid, and the notice I received cites that I neither attended the interview nor did they receive my request for rescheduling (s.103.2(b)(13). |
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