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

sphyrapicus

Sounds like a similar case to http://britishexpats.com/forum/showthread.php?t=251939

Perhaps a motion to re-open is in order?

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.

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?

AGUILA

I think that contacting the congressman first could be better than filing the motion to re-open...this way the op could save the money for the filing fees and the waiting for the motion adjudication. 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. That is why I think that if this is explained in a detailed letter with supporting documentation to the local congressman they could straighten this out. Just my 2 cents.

Hypertweeky

Ouch
If I were you I would go to your local office ASAP!!
Good Luck!

inquisitive40

I remember your case, I think my advice at the time was "go to the interview". seems you may lose more than the tickets for your trip, without work auth etc you now are in a position of not being able to legally work, seems that will cost A LOT more than your trip did.
Patrick

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!!!

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?

Noorah101

Here you go....

http://britishexpats.com/forum/showt...ight=ombudsman

Best Wishes,
Rene

Jim Battista

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.

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

Noorah101

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

Matthew Udall

I believe your presumption is 180 degrees in the wrong direction.

alect

Will all due respect Rete but you have no basis to assume the trip was a vacation. I set out the reasons for the trip and why the trip dates could not be delayed.

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).