Case Closed due to Abondonment

R

RAsylee

Registered Users (C)
My friend has gotten a letter stating since he did not submit RFE in 87 days and his case is being denied due to Abondonment. Irony is that he has received nothing but FP notices and he has gone to all those so he is not sure what this letter means.

Jist of the letter states that there is no appeal from this decision however you can apply for a new application with a new fee. Letter gives option to provide with any of the three evidence that decision was in error...

Option 1: The requested evidence was not needed
How does he know what evidence was required of him if he never received the letter?????????

Option 2: The required evidence was submitted with initial application.....
How does he know what evidence is being discussed of him if he never received the letter?????????

Option3: The address had changed from the last correspondence......and supply proof of change of address notification to the USCIS...

He has been staying at the same address.... Never received this mail..... How does he goes about proving that he never received some mail????????????


Any insight would be appreciated from the forum members as this guy has been in the queue for some time and does not want to submit a brand new application because of a stupid mail that was never received/delivered or who even knows if it was sent????


Regards,


Asylum Approved: Dec 97
ND : Mar 99
RFE: July 2003
Approved: Nov 2003
GC received: Aug 2004
 
He needs to consult an attorney. I believe that most attorneys can salvage this situation.

RAsylee said:
My friend has gotten a letter stating since he did not submit RFE in 87 days and his case is being denied due to Abondonment. Irony is that he has received nothing but FP notices and he has gone to all those so he is not sure what this letter means.

Jist of the letter states that there is no appeal from this decision however you can apply for a new application with a new fee. Letter gives option to provide with any of the three evidence that decision was in error...

Option 1: The requested evidence was not needed
How does he know what evidence was required of him if he never received the letter?????????

Option 2: The required evidence was submitted with initial application.....
How does he know what evidence is being discussed of him if he never received the letter?????????

Option3: The address had changed from the last correspondence......and supply proof of change of address notification to the USCIS...

He has been staying at the same address.... Never received this mail..... How does he goes about proving that he never received some mail????????????


Any insight would be appreciated from the forum members as this guy has been in the queue for some time and does not want to submit a brand new application because of a stupid mail that was never received/delivered or who even knows if it was sent????


Regards,


Asylum Approved: Dec 97
ND : Mar 99
RFE: July 2003
Approved: Nov 2003
GC received: Aug 2004
Click to expand...
 
what happen to RAsylee freind don't look too good...case abonded and no appeal!!
how I can check about my biometric appointment?
this is my processing:
ND MARS 2003
FP august 2004
FFI octobre 2005
biometric ........ :mad:
 
Last edited by a moderator:
“Option3”

I think you need a lawyer to write a strong and compelling letter citing “Option3” if your friend can prove that he didn’t received the letter his case might be changed from denied due to abandonment to denied based on missing RFI.. ….then his case will be eligible for motion to reopen. I think he just has to prove that he didn’t get their letter. I wish him a good luck
 
ddemissi said:
I think you need a lawyer to write a strong and compelling letter citing “Option3” if your friend can prove that he didn’t received the letter his case might be changed from denied due to abandonment to denied based on missing RFI.. ….then his case will be eligible for motion to reopen. I think he just has to prove that he didn’t get their letter. I wish him a good luck
Click to expand...

This is the most fun part that how do you prove that you never got a letter???
 
Option3

I am assuming the letter originated from USCIS with wrong address, if not he could have received it. The only issue here getting the address the letter was sent to. I think an immigration Lawyer will come-up with some plausible reason.
 
RAsylee said:
This is the most fun part that how do you prove that you never got a letter???
Click to expand...


Some attorneys do this all the time, with great success.

It obviously depends on the circumstances, but yes an attorney can rescue this and save you from applying anew.

The point is do not try to do this on your own. Get legal representation.
 
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