Xavier

Hi,

My AOS was denied for the following reason stated by the USCIS:

Section 245 (a) of the immigration and Nationality act states:

The status of an alien who was inspected and admitted or paroled into the United States may be adjusted by the attorney General in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.


To give you my background: I am from the Netherlands, married to an American. I did everything legal, followed all the procedures.

I did get a letter for my AOS interview set for June 8th. Because my would be away for a conference that she had planned herself and worked on for months I decided to call immigration to see if I could reschedule. The officer on the phone told me that I should write a letter to the location where my interview was scheduled, which I did. I sent out the letter certified.

Now I ma denied without even an interview. I have the feeling I was denied because of my request to reschedule.
Does anyone have the same experience?
Can anyone explain the wording of the reason of the denial?
Has anyone some advice what to do to now?

Please don't write that I was stupid to try to reschedule, that won't help me!


Thanks

Xavier

scrubbedexpat099

Sound's like you did not reschedule succesfully, so were declined for not having turned up at your interview.

nutts4mutts

I've heard that they can be very particular when it comes to the interview, I don't know to what extent though.

sibsie

Read through this... http://uscis.gov/graphics/howdoi/RepealDenial.htm and get a wiggle on with it!

CarlM

Xavier

The actual rejection letter usuallu would have a paragraph under the Section 245 blurb which pertains specifically to your application. Can you tell us what that part says?

Carl.

Noorah101

Hi Xavier,

If you were indeed denied because of a no-show at the scheduled interview, then you'll have to look into filing a "Motion to Reopen" your case.

Personally, at this point, I would seek a very good immigration attorney and get his/her help. Go to www.aila.org for a list of attorneys.

Best Wishes,
Rene

maximus76

Xavier,
from what i read you have a proof that you've sent letter requesting to re-schedule your AOS interview. That is gonna help.
but definately contact immigration lawyer to re-open your case.
good luck!

Xavier

I would like to continue my story: My wife got her letter today stating that that her petition was rejected because of not appearing at the interview or not having a valid reason to not appear (they are not actually saying that our reason was not valid). They don' t motivate at all why it would not be a valid reason.
My wife can appeal the decision, which we definately will do.
Does anyone have experience with this situation.

Our reaon for rescheduling was that my wife was organizing a conference in Massachussets. She had been working on it for months. People had already bought tickets, coming from the West Coast and Canada. Her presence there was absolutely essential. There were interests stretching beyond just our me and my wife's, but involving many peolpe. The immigration service does not seem to care about that.

Anyone knwo what my chances are in appeal?????

Thanks
Xavier

scrubbedexpat099

Are you sure thye have your letter, most I have seen the request never married with the file.

Xavier

I am sure they have the letter and they received it before my interview date, because I have a receipt signed by immigration. But I start to wonder know if it maybe never did reach my file. Mainly because they don't motivate at all why my reason for not appearing is not valid and the wording is very ambiguous. It just says "you failed to appear or provide a valid reason for your nonappearance" .

scrubbedexpat099

I would assume it was much more likely that the notice is due to in their eyes non appearance.

ian-mstm

I'm absolutely sure they don't care about it. When it comes to conflict resolution, you are expected to favor USCIS... the reason being that your immigration status in the US overshadows all. Everything you do in the US depends on your status, so everything else is subordinate.


Someone may have it, but it was probably not paired correctly with your existing file.

Ian

sibsie

You can argue the toss over it til you're blue in the face but you'll still have to file the motion to reopen. If you're not confident doing that, then get on to an Immigration lawyer and do it quickly. Your immigration clock is ticking.

jeffreyhy

Xavier,

I'm sorry to say that it is very clear to me, not at all ambiguous.
- You failed to appear, which you admit is true, and
- the reason that you failed to appear is not valid to their way of thinking.

How long after receiving notice of the interview date did you send your letter?

How far in advance of the interview date did you send your letter?

Regards, JEff

David9287

Hello,
Vacations, Business trips, Weddings, Johnny's graduation, Sister's first born, Grandma is on her death bed..... ect. IMHO, I don't think these are valid reasons to cancel or reschedule an AOS appointment.

The only thing that would have kept my wife and I from making our AOS apt would have been that either or both of us were 'killed" on our way there!

You flat out failed to appear and for whatever reasons the USCIS didn't think you provided a "valid" reason for you nonappearance.

Trying to adjust ones status to a PR or a CPR..... "golly-geee-wiz" now that ain't important is it?
davidM