Case mistakenly withdrawn bi CIS

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usa16898

Registered Users (C)
I applied Green Card (family based) last Sept. Today I got a notice from USCIS saying my application has been closed because I signed a withdrawal of my application on my interview date. And it says it cannot be appealed. But I didn't sign anything. Apparently they made a mistake or something very wield happened. What should and can I do?

Thanks,

Jan
 
Contact a good immigration lawyer like yesterday. Not any lawyer. One that is endorsed by the law BAR.
Probably one that specializes in removal proceedings. Because that might be the next thing.
I'm not trying to scare you. But you need to move quickly.
I hope you have copies of all your documents.
Good luck.
 
You need to file a Motion To Reopen.

But is there any chance that the petitioner (your spouse?) could have withdrawn it?
 
Thanks guys for your reply.

@ Manalive, I have all the copies of the records.

@ Jackolantern, my spouse didn't sign anything either. But in the notice it says the decision my not be appealed. Can I still file MTR?

Jan
 
usa16898 said:
Thanks guys for your reply.

@ Manalive, I have all the copies of the records.

@ Jackolantern, my spouse didn't sign anything either. But in the notice it says the decision my not be appealed. Can I still file MTR?

Jan
Click to expand...

Just make an info pass and visit your local USCIS office and talk to an immigration officer.
 
usa16898 said:
I applied Green Card (family based) last Sept. Today I got a notice from USCIS saying my application has been closed because I signed a withdrawal of my application on my interview date. And it says it cannot be appealed. But I didn't sign anything. Apparently they made a mistake or something very wield happened. What should and can I do?

Thanks,

Jan
Click to expand...

EXACTLY which form are they talking about? What does the case status online say about that receipt number? Do the dates match between the action stated and the reality of your experience? Did you have an interview on the date that is mentioned?
 
I had an interview in Nov. The notice said that I signed a withdrawal on that date, but I didn't sign anything. Online says the same thing.

Jan
 
usa16898 said:
@ Jackolantern, my spouse didn't sign anything either.
Click to expand...
What I meant was if there is a possibility that your spouse went behind your back and asked USCIS to withdraw the petition, because you're having marital problems. Something like that has happened to somebody else.

Was it the I-130 that was withdrawn? Or the I-485? Or something else?

But in the notice it says the decision my not be appealed. Can I still file MTR?
Click to expand...
MTR is not an appeal. You can file MTR even if it says you can't appeal.
 
usa16898 said:
I had an interview in Nov. The notice said that I signed a withdrawal on that date, but I didn't sign anything. Online says the same thing.
Click to expand...

Same thing as what? The online status says you didn't sign anything (i.e. the status is still pending)? Or that you withdrew it?
 
@ Jackolantern, online says they sent me the decision about my withdrawal. My spouse didn't sign anything, either. According to the receipt # in the notice, only I-485 was withdrawn.

Thanks,

Jan
 
Last edited by a moderator:
Hi Jackolantern,

One more question, can I file i-290 myself or better to have a lawyer? Is it enough just saying I didn't sign the withdrawal?

Thanks,

Jan
 
You shouldn't need a lawyer for this. Just make sure the accompanying letter clearly states that the withdrawal was not requested by you or your spouse, and you both want to continue the case, and list key information on it (e.g. I-130 and I-485 receipt numbers, interview date), and both of you should sign the letter. Make sure to attach a copy of the I-485 receipt and the withdrawal notice you received.
 
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