I-751 Denied (never got interview date) need help ASAP

M

Michaela11

Registered Users (C)
I just found out my I-751 petition was denied, because I did not appear for a scheduled interview. I never received a letter that a interview was scheduled. Also online and at the 1-800 # I am not able to get my status with my receipt number (could not be found). I previously called and talked to customer care and she was not able to pull up anything on my receipt number either, but I was told that Atlanta was busy and that it would take around a year to get my interview date.

I have been regularly checking online and looking for a letter. Today one came in the mail and I expected it to provide me with my interview date. Instead, it said:
"You did not appear and did not notify the Service of any reason you were unable to keep the appointment.... This notice further serves to inform you that your permanent resident status previously accorded to you, is hereby terminated. "
Apparently I did have a interview scheduled for January the 23 rd, but I never got a letter, nor was status updated via my receipt number. In fact, the letter did not even include the number, although all the other I-751 paperwork did.

What should be my next step? I have to go to work tomorrow, and since they are now saying that my status is revoked and I must assume I am in the process of being deported, I have no idea what to do. I am worried about losing my job, healthcare, not to mention that it will seperate me from my spouse because of human error. I would have to assume the lack of notification was a clerical error on their part but I am unsure as to what my next step should be. Any help or information would be greatly appreciated. Thanks in advance.
 
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At this part you must reopen your case (MTR) and appeal right away! I think you have 30 days. Contact a lawyer, at this stage they can guide you.

Good luck,
 
cherr1980 said:
At this part you must reopen your case (MTR) and appeal right away! I think you have 30 days. Contact a lawyer, at this stage they can guide you.

Good luck,
Click to expand...

Thanks, I think I'll need it.

So, do I need to do that through INFOPASS (so far that's been the recommendation I got)?

Do you have any lawyers to recommend (I live in Semmes, Al and my case is being handled in Atlanta)? Sorry for all the questions, but I do think I need all the guidance I can get. I don't expect anyone to be able to answer them all.

A couple of my main concerns at this point were in relation to the fact that they asked me to return my Alien Registration Card. If do that, and quit my job (which sounds like I am obligated to do) then well I'm not very well off. Can I hold off doing this until I try to reopen my case or will failing to do this put me in further jeapordy?

Thanks again for the info.
 
First of all, don't panick.
There's always a chance to file a motion to reopen (MTR).

Just to make sure let me ask this:
Did you move and didn't file AR-11 nor called USCIS to inform them ? That's the only logical scenario I can think of which puts you under pressure so to speak. I tend to think that they'll see sooner or later if everything's ok on your part and if it's their mistake you shouldn't be in trouble in the first place.
 
I heard reopening a case is quite complicated. Hiring an attorney is a must. A good immigration attorney should be able to answer most of your questions. Good luck.
 
rex1960 said:
First of all, don't panick.
There's always a chance to file a motion to reopen (MTR).

Just to make sure let me ask this:
Did you move and didn't file AR-11 nor called USCIS to inform them ? That's the only logical scenario I can think of which puts you under pressure so to speak. I tend to think that they'll see sooner or later if everything's ok on your part and if it's their mistake you shouldn't be in trouble in the first place.
Click to expand...

I moved, but it was well before I filed my I-751. I did file the proper forms when I moved and all the previous paperwork has arrived at the proper address. Part of the problem is I just have no idea what happened with the letter. I got the one saying my case was relocated to Atlanta and I got the one saying to send them my Alien Registration card and that I missed my date, I just didn't get the all important letter telling me what my interview date was. But, I did check online and call and I was not notified of any date, as I said it appears that they never updated my status online and I assume never mailed the letter. You can imagine my dismay as I went from thinking I finally got my date to reading the contents of the letter.

Another bit of concern I have is how the letter details ammendments that appear to affect my case. For instance, the letter does not mention the possiblity to reopen or apply to reopen. I fear, that even though I filed BEFORE the new laws took affect they seem to be holding me to the new laws. In either case, thanks guys, you have calmed me down a bit.
 
Michaela11 said:
But, I did check online and call and I was not notified of any date, as I said it appears that they never updated my status online and I assume never mailed the letter. You can imagine my dismay as I went from thinking I finally got my date to reading the contents of the letter.
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You hopefully saved those online case status search printouts to prove your point. Otherwise you don't have anything in your hand.

However, you might want to check USCIS websites for further instructions on how to appeal http://uscis.gov/graphics/howdoi/repealdenial.htm
furthermore, there's an Ombudsman http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0482.xml for help
and you might want to check with your congressman
 
But you call at the customer service when you move too?
When you move you must call and file the AR11 but anyway to late, and there are other things to do asap.

Follow the instructions right now to file MTR since you have few days to do so while you get an attorney to help you out.

I wouldn't quit my job yet, since they don't ask you about it...move around...got it? I know, sounds silly but that the way it is while you are in this situation.

Now, why your case was relocated to Atlanta, did you have an address there before?
 
rex1960 said:
You hopefully saved those online case status search printouts to prove your point. Otherwise you don't have anything in your hand.
Click to expand...

I did a printscreen with the date on it and everything. Then again all it says is it is not found. It is still that way, same with the phone. Anyone can input it and see that for themselves, although of course I fear someone retroactively fixing their mistake since it should have been updated just like I should have been notified.

As far as Congressmen go, my husband does know a state Congressman in Alabama so I suppose we'll start there. I doubt she can help much it is a starting point.

cherr1980 said:
But you call at the customer service when you move too?
When you move you must call and file the AR11 but anyway to late, and there are other things to do asap.

Now, why your case was relocated to Atlanta, did you have an address there before?
Click to expand...

I properly notified them and it was well before I filed the I-751 at all. I have the paper stating that the address has been changed and so on. I do not believe that is or would be a problem in this case.

They relocated my case to Atlanta for the interview. Apparently they felt there was not enough documentation when I filed my I-751 (We have no children, pay no mortgage, etc...) and wanted a interview. I sent a lot of papers and pictures in, but obviously if I had to do it all over again I would have sent them twice as much. I was looking forward to the interview because I felt it would accomplish what bureaucracy can't and determine the legitimacy of our relationship. Well, the bureaucracy seems to have denied me that chance.
 
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Here's a update on my situation:

I spent a while on the phone Monday and almost everyone seemed to say the same thing. Try to get them to reopen the case, schedule a INFOPASS appointment. After a long time on the phone with USCIS I got through to a immigration officer that did verify that I can reopen my case, that I should schedule a INFOPASS appointment and that in the mean time I am indeed a illegal immigrant.

My appointment is for Thursday morning. I arranged things so that I can be in Atlanta all of Thursday and Friday if needs be.

Now, my main question now is what do I need to bring along? Of course I will bring along all relevant I-751 forms and the like but is there anything else that I need to bring or should be prepared for? I suppose I am trying to file a MTR (motion to reconsider) but is there any particular form for that or the like? Any advice in this regard would be appreciated. I don't really know what to expect.

Thanks again to everyone for all the help and advice. I felt much, much better after talking to the immigration officer. It did seem that they were more than willing to be reasonable.
 
cherr1980 said:
Did you check www.uscis.gov? Please you are in a problem and you still don't check out the website!??
http://uscis.gov/graphics/howdoi/aau.htm

Bring ALL, the old and new ones (including when you got your LPR status). All the supportive documents and including the note of address change.

Good luck,
Click to expand...


Yes, of course I checked the website. I found refference to MTR but I just wanted to know if there is a specific way of going about this or if I just plunk down a stack of papers and plead my case. If all I have to do is just bring all the papers I have, that won't be a problem of course.
 
My I-751 petition was denied, because I did not appear for a scheduled interview. I never received a letter that a interview was scheduled. I had an appointment with InfoPass at the Immigration of Miami the next day I received the letter saying the petition was denied, the lady showed me their letter of the interview invitation was returned as "the address does not exist"! it's the same address I've always had, for the last 5 years, I never changed and I received at the same address 2 days ago the letter saying that my petition was not denied. I asked the lady to verify in front of me that address is always the same, she said: "maybe you have issues with the post office"!!! How I can have issues, I received the letter 2 days ago. Anyway for her the case is closed and I can reopen it filing the form 290b!
Help!
 
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