Help

Hi all

I have just received a letter from BCIS stating my I485 AOS case had been denied due to me not attending the interview, I had previously moved a new address and now apparently they have sent the interview letter which came back undeliverable. Waiting for over 2 years for the dumb website to change is a joke now

Yes I called BCIS to report I have changed address
Yes I sent back the corresponding letter they sent (I think it was that AR11)
but it looks like those robots behind the desks to put the correct paper in the basket

Frustrated as hell what can I do now!!! Apart write to them

Steffi

Ack, that really sucks! I'm not really sure what to tell you.

You said you sent the AR-11 and called them to report the address change. The AR-11 is generally sent to Kentucky...but did you also send change of address forms to any offices you have cases pending?

I hope you get things worked out!

Help

need to get my fingers typing on that one as i must of missed that step

Steffi

Yes, they don't really make it very clear what all you have to send and where (aisde from the AR-11), and unfortunately I had to find out the hard way myself. I moved 2 years ago from my mom-in-law's into our own apartment (ie at least it was mom's and I could still get all the mail). We moved in October and it took until February to get everything sorted out. Then again that may have been partially my fault because I wasn't aware of the million things you need to do.

I copied this from visajourney, which I thought was quite thorough:

1. File AR-11 at the address indicated on the form.
2. Copy AR-11 and enclose a letter to your old District office to notify change of address.
3. Copy AR-11 and enclose a letter to your new District office to notify change of address.
4. File I-865 to the address indicated on the form that serves your area.
5. Call the 1-800 USCIS customer service number to do a verbal change of address.
6. Copy AR-11 and enclose a letter to any service centers where you have pending applications IE. I-485, I-131, I-765 etc...( I had to send to MSC)
7. When changing District offices is it wise to set up an info-pass appointment shortly after your move to make sure your file has been transferred sucessfully.
8. Fill out change of address forms with post office.
9. You can also call the USCIS 1-800 number 2 weeks after your move to see if the change of address has been entered into the system.
On the outside of your mailing envelopes it is also wise to write "ATT: change of address enclosed."


I know it may be a little late for this now...

Steffi

PS Ironically I'm moving this weekend myself and am already dreading all the trouble it may cause. My leases are overlapping for the next 2 months, so at least I can still receive mail at either place. I'm just not sure at which point I should go ahead and tell them to change my address. I'm completeley scared that the same thing that is happening to you will happen to me because I happen to be moving at this extremely bad time during the AOS process (because who knows, that interview letter could arrive any day and I wouldn't even know it!).

grouchy

Make an infopass appointment and go in and show them what you filed. If that does not work, you must file a motion to reopen at the office which denied the I-485. The applicable regulation in the code of federal regulations is quoted in the denial letter and if you locate that regulation, it will give you the information that needs to be in the motion (proof that you filed an address change being among the reqt's). Get a lawyer to do it if you are unsure whether you can handle it. You only have 30 days plus 3 for mailing to get it in, so do it asap. Also, the filing fee for motions to reopen going up I think Mr. F in a recent post said Sept 28 from $110 to $385 so do it now! Search recent posts under "motion to reopen" for more info. We were denied recently for failure to attend fingerprint appointment (we didnt get the first appointment notice, but got a second one which we attended, somehow they seem unaware of that one) and filed an motion to reopen plus went to our Congressman for them to make an inquiry, still waiting for result.

mike2005

I guess besides following the standard Change of Address procedure, best move is to change the address with the old post-office. They will forward all the mail for 12 months.So, you are safe at least of 12 months. I guess by that time you can shorten out things w/CIS. I haven't seen any mail from CIS saying that "DO NOT FORWARD". Few financial institution and other agencies put that message very boldly outside the envelope. I think CIS is at least kind enough in some thing.

Rete

Not completely true. USCIS does use envelopes that say "Do not forward".

Steffi and grouchy have given you good advice.

Steffi

When I talked to a lady on the 1-800 number the other day she went to the extent of saying that I needed to make sure my name was on the mailbox because otherwise they may return my mail because the USCIS has some special security features, which is why they won't forward either I guess. I haven't had any problems receiving mail from them as of now (that I am aware of), but it still freaked me out a little and I went and put my name on the box.

Hypertweeky

Oh my!! Good Luck! Sorry to hear about your troubles
Keep us updated!

CaliforniaBride

Just to add:

Send all applications and other material by certified mail, with a return receipt, and keep a copy. This is especially important for the change of address forms, because USCIS doesn't confirm that it has received these. If you are later threatened with a penalty for failing to file an application or change of address form, your copy and certified mail receipt may be the only proof that you did.

rogerpenycate

Have a read of my thread "Getting worried" it's similar to your case

Help

I am employed and the EAD is about to expire. From reading the post I should not be working at all and I cannot reapply for EAD card , should reapply for the whole AOS application again is this joke
What’s the uses of opening a motion to reopen if I cannot work

jamie01

If they denied I485 talking to them using INFOPASS etc is all good and dandy.

However, I would hire an attorney or someone knowledgable to make sure you can appeal the denial to the right folks within the timeframe, I am unsure what the law says about how much time you have for an appeal. The rejection letter may well tell the process to appeal. In the appeal you can include all of the good reasons. If you let that time expire then getting a favorable decision from them will be very very hard.

[QUOTE=Help]Hi all

I have just received a letter from BCIS stating my I485 AOS case had been denied due to me not attending the interview,

Just Jenney

Your AOS was denied in September and you're still here?!! AND working?!?

What have you been doing regarding your AOS denial for the past six months?? No offense, but it sounds like the answer is "nothing".

The use of filing a motion to reopen (assuming that window is still open to you) is getting back into a legal status while it is pending. Others who have more experience and/or knowledge of that procedure could confirm that.

As it happens you are here illegally, and working illegally on top of that. The fact that the date on your physical EAD card hasn't actually passed yet is irrelevant. You have no legal basis for being here right now, like you did when your AOS was still pending, and thus no legal basis to be working, either.

The alternative would be to go back to the UK, but since you've been out of status so long there is the possibility that you'd face a 3-year or 10-year ban from the US. Of course, you and your spouse could always explore the option of living in the UK together.

I would hire an immigration attorney pronto and hopefully they can get it sorted for you. Don't delay on this.

~ Jenney