Poppy girl

I went to Fresno today to make sure that my case to remove conditions of the I-751 had transferred from Chicago.

Guess what NO apparently it has been denied due to the fact that I did not attend my interview on the 27th August because USCIS in the Mid west still think's I am living in Illinois, am I mad!! you bet I am I changed my address
AR11 online...spoke with 1800 rep ...with an Immigration officer at the 1800..2 visits to Fresno to speak to an Officer directly (which they did do but Chicago did not update it) sent a letter to Nebraska informing them of my address change and Oh lets not forget sent a return letter to Chicago that was received 2 weeks prior to my interview saying that I could not attend and still I have this mess.

So now I have been told that I have to wait for the file to be sent to Fresno where upon I will either have an interview or be sent directly to the Immigrations courts or as the lady officer said to me last month a motion to re-open my case would happen and she would see to it...
Problem is the Officer said today that they had requested the file twice before the interview date back in august and they still do not have it:curse:
Now I thought that a motion to re-open was within a certain time frame, so if Chicago are stalling them will I be out of that time frame to do the motion to re-open.

My 1 year extension expires at the end of October and cannot be extended due to the fact that modern technology did not update my files and I cannot leave the country until I have a decision.

I have proof of all US postal mail and reciepts by USCIS confirming I changed my address etc.

I would like to add the folk in Fresno District Office are outstanding and very nice people they all have agreed with me that I have done all that I can.

Nightmare.

Poppy girl

OK in regards to my post above I have an interview with an AILA Lawyer monday afternoon.
Should I be worried as the Immigration Officer said it was thier fault and they would re-open the case at no extra cost to myself!!

But how long have I got to re-open the case what if they put my in removal can I still re-open.
I would like any ideas or thoughts so I can be fully armed on Monday with questions.

Thanks

It appears I found the answer 30 days well its over that already.

lanky spoken here

Bloody Hell!!! I'm in a similar position with my I-751, if you have ANY more evidence...even trivial...present it. Good Luck!

Rete

PG

You are so lucky to be dealing with a district office where humanity reigns. Also glad that at this junction you are seeing an attorney.

Years ago I thought the best approach to USCIS would be to close it down for a year, revamp the entire system, and then and only then reopen.

Of course, one center would remain open for emergencies but everyone's status would remain the same until the system was working properly.

Poppy girl

Well I have as I said all the evidence in writing except the 1800 Rep but I do have the day and time rep ID that I spoke to whom I might add did change my address on July 24th 2007.

I was a bit silly never the less they still had more then enough time as USCIS had already admitted in Fresno...because I filled the AR11 but that's not enough you have to call and change it as well.

May 9th 2007 changed and receipt number AR11 online

July 24th Spoke to an immigration officer to update address with 1800 and ask a question he in formed me he would take care of it.

July 24th also got 1800 guy to change address.

July 24th received a letter that my case was moved to the DO in Chicago and all future correspondence was to be sent there..I over nighted a letter stating that I had moved to CA to Chicago.

July 26th Went to Fresno to cover my ass and get the address change for certain done and request my file be moved the Officers name and info pass ticket I still have(in fact I saw him yesterday and he rememberd me) as he was the duty officer at reception.

August 3rd received interview date for 27th August in Chicago.
August 6th sent back the letter explaining unable to attend due to living in CA.

August 14th checked online letter arrived in Chicago.
Since that time I have got back the green certified mail certificate signed and dated in Chicago 14th August.

August 27th Return to Fresno was told by my immigration officer that file had been requested and would be requested again... I have receipt infopass ticket as proof and officers stamp. ( this was the one that said my case would be re-opened by themselves if it was closed at no expense to myself as its USCIS fault)

October 4th Fresno Officer said that file still had not been sent and no idea why..plus my case was denied due to me not attending the interview in Chicago

So outcome "please wait until we call you"..thats all we can do.. he was so nice and apologetic well great but a motion to re-open has to be filed within 30 days of denial, but had I not gone to Fresno I would never of known.

I am hoping that as Fresno requested my file before the interview date in Chicago and have been trying to get it sent, the 30 days motion may not be applicable!!


Poppy.

Online USCIS account was also updated in July and email alert is on NOTHING.

Poppy girl

Now I am totally confused I have already spoken to 3 lawyers this morning all members of AILA.
They have all told me that to file a motion to re-open is around $2,000to be honest I could do it myself for $585 its not rocket scientist work.

But when I read the 1-290b Form it states very clearly that if filed after 30 days of denial then the 1-290b will also be denied.

But all 3 lawyers said to be that the 30 days was not a problem and it would still be OK to file if I did it or they did

lpdiver

Well it sounds like you are getting consistent answers from well qualified persons. In my singular experience dealing with my wifes immigrations I have run across many situations where what is written in the CFR and what occur in real life are different.

Seems you have a choice to make DIY or hire a professional.

t

Poppy girl

Yes but its catch 22 really do I do it myself and get rejected due to late filing or get a lawyer to do it for 3 times the amount? why would they get accepted and not me?

Or wait on Fresno and see if they file for me!!

Plus lets not forget if I had not gone to Fresno I would never of known in the 1st place it was denied so I can't file a motion to re-open until I have the denial paperwork in my hand...

Why me

lpdiver

I'd make an inquiry with my congressional immigration liason. Won't hurt and could well get you some good results.

t

Poppy girl

I PM'd you but I found it thanks and believe me I will be calling and emailing.

lpdiver

good luck

t

john_t_05

The people in Fresno might be very nice, but they will not go out of their way to track down your case and help you. It is possible that nothing might happen at that end. Currently, you have a negative decision against you that is very serious regarding your legal presence in the US. The appeal process seems to require some legal skill in terms of presenting your defense and evidence; it is not as straigthforward as the initial AOS. If I were you, I would hire a lawyer and have him file your appeal immediately (if that is indeed their recommended action). It is very unfortunate that, through no fault of your own, the money you have to spend now will be more than round trip tickets to Chicago for 2.

Poppy girl

Well it would of been a round trip ticket for one as it's a self petition plus the fact is you cannot be interviewed out of the state that you live in so it would not of been worth it anyway.

My legal presence in the US is as quoted by lawyers and the immgration officer I spoke to yesterday fine at this present time until a decision has been made on I-751 in California be it by Judge or District Office interview.

Poppy girl

You are a flippen star Ipdiver I just got off the phone with the local senate office and she said that they were made aware of this happening in July to other people and are trying to do what ever they can to change the system set in place.

She is sending me a release form and will then contact Chicago and tell them my file has to be sent and they are going to follow this through with me and give there 100% support.
I am not home and dry yet but I have damn good representation.

Ip I owe you one mate

lpdiver

Glad it seems to be a help. Everyone gets lucky now and then.

t