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AOS Denied ... help!

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Old Nov 29th 2004, 3:08 am
  #1  
DeAnna
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Default AOS Denied ... help!

I received a letter for both myself and my son to go in for our AOS
appointment on August 6th /04 - for an appointment on Aug 25th. My
husband was in Africa on business and wasn't scheduled to return until
Sept 4th. I went to the post office on the 8th and sent in copies of
our appointment letters and a letter explaining why we needed to
reschedule our appointment.

Two days ago, I received a letter denying my AOS due to the fact that
I didn't show up to my appointment.
The denial letter is dated Sept 13th but the postmark on the envelope
is Nov 26th - the day before I received it.

The letter states that there are no appeals and that 15 days after the
date of the letter, I am out of status - meaning no AP, no EAD, etc.
So, it took 2 months for me to get the denial - and I've apparently
been out of status for about 6 weeks, now.

In the mean time, I just started an amazing job a few weeks ago and I
have AP renewals and my EAD renewals in the pipe right now.

Whats going on? Can this be fixed - and what happens since I've been
working this whole time? Not to mention the fact that I've also been
travelling with no problems - I last came into the US 3 weeks ago!

And, to top it off - I had the return receipt from the letter I sent
on the fridge, and my husband threw it away a few weeks ago!!! So,
other than the letter itself, I have no proof that I sent it.

I've made an appointment thru Infopass to go down to the Houston
office to see if I can file a motion to reopen - but, is this too far
along to have anything done? And is the proper process?
 
Old Nov 29th 2004, 3:53 am
  #2  
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Default Re: AOS Denied ... help!

Originally Posted by DeAnna
I received a letter for both myself and my son to go in for our AOS
appointment on August 6th /04 - for an appointment on Aug 25th. My
husband was in Africa on business and wasn't scheduled to return until
Sept 4th. I went to the post office on the 8th and sent in copies of
our appointment letters and a letter explaining why we needed to
reschedule our appointment.

Two days ago, I received a letter denying my AOS due to the fact that
I didn't show up to my appointment.
The denial letter is dated Sept 13th but the postmark on the envelope
is Nov 26th - the day before I received it.

The letter states that there are no appeals and that 15 days after the
date of the letter, I am out of status - meaning no AP, no EAD, etc.
So, it took 2 months for me to get the denial - and I've apparently
been out of status for about 6 weeks, now.

In the mean time, I just started an amazing job a few weeks ago and I
have AP renewals and my EAD renewals in the pipe right now.

Whats going on? Can this be fixed - and what happens since I've been
working this whole time? Not to mention the fact that I've also been
travelling with no problems - I last came into the US 3 weeks ago!

And, to top it off - I had the return receipt from the letter I sent
on the fridge, and my husband threw it away a few weeks ago!!! So,
other than the letter itself, I have no proof that I sent it.

I've made an appointment thru Infopass to go down to the Houston
office to see if I can file a motion to reopen - but, is this too far
along to have anything done? And is the proper process?
Hi:

It can be fixed. I hope you saved the envelope the notice came in. Here in Los Angeles, it happens more than CIS would care to admit and they fix it readily via the MTR procedure.
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Old Nov 29th 2004, 4:03 am
  #3  
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Default Re: AOS Denied ... help!

Thanks Folinskyinla. And, yes, I definitely saved the envelope! So - is it a problem that I'm still working?

DeAnna
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Old Nov 29th 2004, 4:27 am
  #4  
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Default Re: AOS Denied ... help!

Originally Posted by deanna5000
Thanks Folinskyinla. And, yes, I definitely saved the envelope! So - is it a problem that I'm still working?

DeAnna
Hi:

Problem for who? How do you define "problem?" Illegal yes, "problem" IMHO no.
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Old Nov 29th 2004, 4:45 am
  #5  
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Default Re: AOS Denied ... help!

Ha, ha!

Well, I'm guessing its MY problem! Thanks!
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Old Nov 29th 2004, 4:57 am
  #6  
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Default Re: AOS Denied ... help!

Originally Posted by DeAnna
Two days ago, I received a letter denying my AOS due to the fact that
I didn't show up to my appointment.
The denial letter is dated Sept 13th but the postmark on the envelope
is Nov 26th - the day before I received it.
I would get an immigration attorney working on it ASAP!

Good Luck!
Marnee
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Old Dec 1st 2004, 6:15 am
  #7  
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Default Re: AOS Denied ... help!

I was successful in getting a supervisor at the Houston USCIS office
to re-open my wife's AOS case after they denied it in error. We got a
denial letter similar to yours. I didn't need to file any other
document or waiver for them to re-open it, I just visited the office
and showed them proof that my wife was not negligent on her AOS and
the mistake was THEIRS. The supervisor updated my wife's computer
record right then and POOF she was back in status with an opened case.

Having said that, let me add that this occurred over two years ago,
and my wife's circumstances were not the same as yours. They tried to
deny my wife's case based on an erroneous belief that she never
attended her fingerprinting appointment. She had, and I showed them
the receipt from that appointment. That's the only reason they
re-opened her case so easily. Your situation is different, so it might
not be as easy for you, but I'm taking the time to post this reply to
let you know that it IS possible at the Houston office. I agree with
those responding who recommend hiring an attorney, for more
peace-of-mind.

Good luck! ~Tim
 
Old Dec 1st 2004, 6:51 am
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Default Re: AOS Denied ... help!

Thanks for responding, Tim. I'm going to wait on the lawyer to see what happens when I go down there next week, first. I definitely don't want to pay for a lawyer if I can get the case reopened on my own.

:-)
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Old Dec 1st 2004, 8:24 am
  #9  
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Default Re: AOS Denied ... help!

Originally Posted by USA & Pakistan
I would get an immigration attorney working on it ASAP!

Good Luck!
Marnee

Me thinks Marnee is an advocate for the ALIA. Marnee your stock in trade answer is get an immigration attorney working it.


To the OP, make an Infopass appointment and take your evidence and go the DO and have them reopen the case.

REte
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Old Dec 1st 2004, 9:23 am
  #10  
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Default Re: AOS Denied ... help!

Originally Posted by DeAnna
I received a letter for both myself and my son to go in for our AOS
appointment on August 6th /04 - for an appointment on Aug 25th. My
husband was in Africa on business and wasn't scheduled to return until
Sept 4th. I went to the post office on the 8th and sent in copies of
our appointment letters and a letter explaining why we needed to
reschedule our appointment.

Two days ago, I received a letter denying my AOS due to the fact that
I didn't show up to my appointment.
The denial letter is dated Sept 13th but the postmark on the envelope
is Nov 26th - the day before I received it.

The letter states that there are no appeals and that 15 days after the
date of the letter, I am out of status - meaning no AP, no EAD, etc.
So, it took 2 months for me to get the denial - and I've apparently
been out of status for about 6 weeks, now.

In the mean time, I just started an amazing job a few weeks ago and I
have AP renewals and my EAD renewals in the pipe right now.

Whats going on? Can this be fixed - and what happens since I've been
working this whole time? Not to mention the fact that I've also been
travelling with no problems - I last came into the US 3 weeks ago!

And, to top it off - I had the return receipt from the letter I sent
on the fridge, and my husband threw it away a few weeks ago!!! So,
other than the letter itself, I have no proof that I sent it.

I've made an appointment thru Infopass to go down to the Houston
office to see if I can file a motion to reopen - but, is this too far
along to have anything done? And is the proper process?

why would you be surprised that you would be denied if you didnt show up? Why didnt you show up to explain in person? I guess you are another person who expects the world to bring them ice tea and biscuits.
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Old Dec 1st 2004, 9:40 am
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Default Re: AOS Denied ... help!

Originally Posted by nabisco
why would you be surprised that you would be denied if you didnt show up? Why didnt you show up to explain in person? I guess you are another person who expects the world to bring them ice tea and biscuits.
Did you really mean to say that she should have "showed up in person" to explain why she "cannot show up" for the interview? I hope you are not serious.
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Old Dec 3rd 2004, 1:33 am
  #12  
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Default Re: AOS Denied ... help!

Excuse me?
If you read my entire post you would have read that I could not make my appointment and sent in a letter to reschedule it - which is as per their instructions ..
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Old Dec 3rd 2004, 1:35 am
  #13  
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Question Re: AOS Denied ... help!

Alright - can someone please explain to me why my AP was approved 3 days ago??? Don't get me wrong, I'm quite happy about that but does one hand not talk to the other - or is my case just really screwed up?
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Old Dec 3rd 2004, 3:23 am
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Default Re: AOS Denied ... help!

Originally Posted by nabisco
why would you be surprised that you would be denied if you didnt show up? Why didnt you show up to explain in person? I guess you are another person who expects the world to bring them ice tea and biscuits.
Dipwad.
Brits don't drink iced tea.
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Old Dec 3rd 2004, 6:05 am
  #15  
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Default Re: AOS Denied ... help!

Originally Posted by meauxna
Dipwad.
Brits don't drink iced tea.
Lol! Was trying to work it out myself. Presumed dipwad meant American biscuits in which case I was waiting for the gravy!
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