rjman499

You could not make this up....... I feel compelled to post on here, as I was interested if this had happened to anyone else.
We started the GC (employment based adjustment) application process at the beginning of the year, we completed all the usual tasks in good standing, incl medical, fingerprints, etc...

In May, the USCIS requested additional back up material and information for the application, which we duly completed and sent via recorded Fed Ex, 10 day before the deadline..... Here's where the games begin!

We received notice last week that the USCIS never received the information package in May and therefore defaulted and denied our applications. Immediately we filed for an appeal, based upon the evidence that in fact Fed Ex had delivered the envelope to the Service Center and had been signed for, all before the deadline

Obviously we are hoping they will re-open he application based upon the evidence provided, but cannot take anything for granted..

just wondered if anyone had experienced this before and what the outcome was...

JCraigFong

Well, as an attorney that sends stuff to USCIS daily, I can tell you that yes, it happens all the time. We always send anything -- yes, ANYthing -- that is time-sensitive or with a drop-dead date in a way that records time of sending and date of delivery. Fed Ex or Postal Service Return Receipt would do nicely.

Typically, when we get something that says "you failed to respond," we hit them back with the delivery receipt and A SECOND COPY of all the documents originally requested. It is all topped with a letter -- and we, like you, often have to curb some angry words -- letting them know sweetly that the documents were sent on such-and-such a day, and received by them on such-and-such a date. Then we move to re-open or re-consider and, "as a courtesy," provide them with an additional "copy for your reference" of the documents originally requested.

This usually does the trick.

Best of luck,

--J Craig Fong
Los Angeles, CA

rjman499

Appreciate the response. It comforting to know I'm not the only one, however it does not help your sanity during the whole process.

Fortunately, I have worked with a great immigration lawyer for the past 10 years and then did exactly as you mentioned, by refiling with evidence, etc..

We shall wait and see...

JCraigFong

Frankly, if you've got an attorney, your attorney should be handling all of this document and delivery craziness for you.