rescheduling or missing AoS interview?
Dec 5th 2002, 3:36 pm
#1
Guest
Posts: n/a
rescheduling or missing AoS interview?
Hi all! My wife (Netherlands) and I (natural US citizen) are in a bit of a
pickle here. When she went to pick up her advance parole (AP) at the INS
district office, she was told that our Adjustment of Status (AoS) interview
was during this time. After a supervisor intervened, she was told to write a
letter requesting a change of interview date, and she was issued the AP.
With the original interview date approaching and my wife now out of the
country, I went to the INS to confirm that they had received and acted on
the letter. A woman retrieved our record, and said that there was no record
of the requested change, and the interview was still scheduled. She said
that does not mean that the letter was not received. (?) Regardless, she
recommended that I go to the interview date myself just in case. She also
offered to hand deliver a copy of my letter to the appropriate desk, and she
did. Finally, she assured my that my wife could not be detained upon arrival
in the US because of abandoning her application. They simply won't know that
at the airport. All in all, she had a 'don't worry' attitude.
But should I worry? Yes, I can appear at the interview appointment, and if I
am called, present evidence that I sent in the letter twice (first was by
certified mail, second time the woman gave me the desk number of the person
handling my case). But the consequences here are quite severe. Even if she
is not detained upon entry (whish would be terrible), we can be declared as
having abandoned our application.
Any recommendations? Get a lawyer now? Or wait until after things go bad?
Thanks a million!
-Jesse
pickle here. When she went to pick up her advance parole (AP) at the INS
district office, she was told that our Adjustment of Status (AoS) interview
was during this time. After a supervisor intervened, she was told to write a
letter requesting a change of interview date, and she was issued the AP.
With the original interview date approaching and my wife now out of the
country, I went to the INS to confirm that they had received and acted on
the letter. A woman retrieved our record, and said that there was no record
of the requested change, and the interview was still scheduled. She said
that does not mean that the letter was not received. (?) Regardless, she
recommended that I go to the interview date myself just in case. She also
offered to hand deliver a copy of my letter to the appropriate desk, and she
did. Finally, she assured my that my wife could not be detained upon arrival
in the US because of abandoning her application. They simply won't know that
at the airport. All in all, she had a 'don't worry' attitude.
But should I worry? Yes, I can appear at the interview appointment, and if I
am called, present evidence that I sent in the letter twice (first was by
certified mail, second time the woman gave me the desk number of the person
handling my case). But the consequences here are quite severe. Even if she
is not detained upon entry (whish would be terrible), we can be declared as
having abandoned our application.
Any recommendations? Get a lawyer now? Or wait until after things go bad?
Thanks a million!
-Jesse
Dec 6th 2002, 4:38 am
#2
Guest
Posts: n/a
Re: rescheduling or missing AoS interview?
> But should I worry? Yes, I can appear at the interview appointment, and if I
> am called, present evidence that I sent in the letter twice (first was by
> certified mail, second time the woman gave me the desk number of the person
> handling my case). But the consequences here are quite severe. Even if she
> is not detained upon entry (whish would be terrible), we can be declared as
> having abandoned our application.
>
> Any recommendations? Get a lawyer now? Or wait until after things go bad?
Send another interview rescheduling request, by certified mail, return
receipt requested.
Your wife will be allowed back into the country, pursuant her Advance
Parole authorization, regardless of whether her case is denied due to
abandonment during her absence or not. What is more concernful is to
get the interview properly rescheduled, so you won't have to fool with
motion reopen/reconsider or refiling upon denial.
CP
> am called, present evidence that I sent in the letter twice (first was by
> certified mail, second time the woman gave me the desk number of the person
> handling my case). But the consequences here are quite severe. Even if she
> is not detained upon entry (whish would be terrible), we can be declared as
> having abandoned our application.
>
> Any recommendations? Get a lawyer now? Or wait until after things go bad?
Send another interview rescheduling request, by certified mail, return
receipt requested.
Your wife will be allowed back into the country, pursuant her Advance
Parole authorization, regardless of whether her case is denied due to
abandonment during her absence or not. What is more concernful is to
get the interview properly rescheduled, so you won't have to fool with
motion reopen/reconsider or refiling upon denial.
CP
Dec 6th 2002, 3:46 pm
#3
Guest
Posts: n/a
Re: rescheduling or missing AoS interview?
[email protected] (Chris Parker) wrote in message news:...
> > But should I worry? Yes, I can appear at the interview appointment, and if I
> > am called, present evidence that I sent in the letter twice (first was by
> > certified mail, second time the woman gave me the desk number of the person
> > handling my case). But the consequences here are quite severe. Even if she
> > is not detained upon entry (whish would be terrible), we can be declared as
> > having abandoned our application.
> >
> > Any recommendations? Get a lawyer now? Or wait until after things go bad?
>
> Send another interview rescheduling request, by certified mail, return
> receipt requested.
>
> Your wife will be allowed back into the country, pursuant her Advance
> Parole authorization, regardless of whether her case is denied due to
> abandonment during her absence or not. What is more concernful is to
> get the interview properly rescheduled, so you won't have to fool with
> motion reopen/reconsider or refiling upon denial.
By all means, rattle as many cages as you can.
A similar situation arose with my stepson: his AOS interview was
scheduled for a date when he was going to be abroad. His situation
was even more complicated by the fact that he, a K-2 dependent, was
scheduled before my wife. So I followed the instructions on the
letter for notifying that he would not make the interview date. I
sent a letter by fax and certified mail. My letter explained why he
would miss the date, and expressed our confusion about him being
scheduled before my wife. (Note: he was readmitted to the country
with AP -- no problems there)
When my wife was adjusted, the officer told us my stepson would be
scheduled soon. When this didn't happen. I called the 1-800 number
to request status -- no reply. I called again -- no reply again. So
finally I called our congressman.
The appointment letter arrived toot sweet. Interestingly, attached
was a copy of a form response that was apparently in the process of
being filled out to one of my status requests. It read: "Your case
has been terminated. You will need to" [it stops there] This was
crossed out, but still legible.
In other words, despite my writing and faxing to the appropriate
numbers, INS still apparently interpreted his absence at the first
interview date as abandonment.
> > But should I worry? Yes, I can appear at the interview appointment, and if I
> > am called, present evidence that I sent in the letter twice (first was by
> > certified mail, second time the woman gave me the desk number of the person
> > handling my case). But the consequences here are quite severe. Even if she
> > is not detained upon entry (whish would be terrible), we can be declared as
> > having abandoned our application.
> >
> > Any recommendations? Get a lawyer now? Or wait until after things go bad?
>
> Send another interview rescheduling request, by certified mail, return
> receipt requested.
>
> Your wife will be allowed back into the country, pursuant her Advance
> Parole authorization, regardless of whether her case is denied due to
> abandonment during her absence or not. What is more concernful is to
> get the interview properly rescheduled, so you won't have to fool with
> motion reopen/reconsider or refiling upon denial.
By all means, rattle as many cages as you can.
A similar situation arose with my stepson: his AOS interview was
scheduled for a date when he was going to be abroad. His situation
was even more complicated by the fact that he, a K-2 dependent, was
scheduled before my wife. So I followed the instructions on the
letter for notifying that he would not make the interview date. I
sent a letter by fax and certified mail. My letter explained why he
would miss the date, and expressed our confusion about him being
scheduled before my wife. (Note: he was readmitted to the country
with AP -- no problems there)
When my wife was adjusted, the officer told us my stepson would be
scheduled soon. When this didn't happen. I called the 1-800 number
to request status -- no reply. I called again -- no reply again. So
finally I called our congressman.
The appointment letter arrived toot sweet. Interestingly, attached
was a copy of a form response that was apparently in the process of
being filled out to one of my status requests. It read: "Your case
has been terminated. You will need to" [it stops there] This was
crossed out, but still legible.
In other words, despite my writing and faxing to the appropriate
numbers, INS still apparently interpreted his absence at the first
interview date as abandonment.
