Advice about denied I-765 due to their mistake

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nick_b

Registered Users (C)
UPDATE - HELP - Advice about denied I-765 due to their mistake

Hi all
I have the following weird case. I applied for an asylum on January 9th 2008 and my next court date is in 2009. So I sent my application for employment authorization on July 3rd which was past the 150 days required. I attached all the necessary papers to prove my status and case (copy of the receipt for my asylum application, copy from the court for my next appointment in 2009, etc.). I got a receipt that they got my papers on July 3rd. So I started waiting. Today I got in the mail a denial of my application because according to them I have submitted my asylum application on the 3rd of July and my form I-765 on January 9th. Which is exactly on the contrary. They simply exchanged the two dates and said that since I have applied earlier than 150 days my application is denied and no further appeals are allowed.

Anybody heard of such a case? Obviously somebody hasn't paid attention to my papers.
I need a simple advice on what to do next - shall I call them on the phone or just send another letter to the person who has signed the denial (the director for the Texas service center) with an explanation of their mistake.
And if I have to call them - on what number can I speak with an actual person from customers' service. I sent my papers to the office in Texas.

Thanks,
Nick
 
Last edited by a moderator:
Here is an update on my case
Since nobody replied here I decided to call the 1800 number. Fnally I got to talk with a person. I told them what my problem was and they couldn't help me so they transfered me to a higher level - I talked with a woman who told me that I have to make an appointment with an office located at my area and explain them the situtation. Following her instructions I went to the NCIS web site and tried to make an appointment but no matter what reason I put in the form for the appointment, it didn't work. I called the 1800 number again and talked with another person at the higher level help center. She was very patient to listen to my story and told me to send a fax at the Texas service center explaining them about the mistake they have made and ask them to re-open my case. She gave me the fax number but it was of no good - 24/7 busy. Having nothing else to do I sent them a letter with some documents attached to show them their error and ask them to re-open the case or simply tell me what to do. Four days later I received a letter in the mail from the Texas Service center containing my request and all the papers I have sent them. They were not even unstapled. Just a stamp with a date on bottom. In their answer they thanked me for my "inquiery" telling me that I can check the status of my case on the 1800 number or online. Nothing about if my case will be re-opened or anything useful. When I checked online - my case still had the same status - denied - with the date of the first letter.
I am even more confused now. I don't know if they will do something and if they will - why did they return all my papers containing my request and the proof for their mistake. How can I get more information? The people at the 1800 tell me they can't help me. The fax at the Texas Service Center is constantly busy, they don't have any phones I can reach them there. I can't make an appointment at a local office because the system doesn't work.
Please - give me some advice.

Thanks
 
Do what they told you. Get an infopass appointment. If that doesn't help either, get a lawyer and sue them in federal court. That usually gets their attention.
 
I just tried the infopass website https://infopass.uscis.gov/info_en.php now and it works. Getting a lawyer is a good idea but it cost $. If I were you rather than keep on trying the TSC fax number I will keep on trying the infopass website to make an appointment. If you finally get an appointment and the officers at the local office are unable to help you then you have no choice than to spend some $. Try the infopass first. Goodluck.
 
nick_b said:
Here is an update on my case
Since nobody replied here I decided to call the 1800 number. Fnally I got to talk with a person. I told them what my problem was and they couldn't help me so they transfered me to a higher level - I talked with a woman who told me that I have to make an appointment with an office located at my area and explain them the situtation. Following her instructions I went to the NCIS web site and tried to make an appointment but no matter what reason I put in the form for the appointment, it didn't work. I called the 1800 number again and talked with another person at the higher level help center. She was very patient to listen to my story and told me to send a fax at the Texas service center explaining them about the mistake they have made and ask them to re-open my case. She gave me the fax number but it was of no good - 24/7 busy. Having nothing else to do I sent them a letter with some documents attached to show them their error and ask them to re-open the case or simply tell me what to do. Four days later I received a letter in the mail from the Texas Service center containing my request and all the papers I have sent them. They were not even unstapled. Just a stamp with a date on bottom. In their answer they thanked me for my "inquiery" telling me that I can check the status of my case on the 1800 number or online. Nothing about if my case will be re-opened or anything useful. When I checked online - my case still had the same status - denied - with the date of the first letter.
I am even more confused now. I don't know if they will do something and if they will - why did they return all my papers containing my request and the proof for their mistake. How can I get more information? The people at the 1800 tell me they can't help me. The fax at the Texas Service Center is constantly busy, they don't have any phones I can reach them there. I can't make an appointment at a local office because the system doesn't work.
Please - give me some advice.

Thanks
Click to expand...
Thats Right
Get Da Dam Infopass and Hit INS Office
GOOD LUCK or Go See Congressman in u r area
 
I would suggest to get an infopass and see somebody. Getting a lawyer is not really worth it. What state are you in?
 
Just goes on to show how incompetent they really are. Good luck with your case.
 
I have two suggestions for you. First, send a letter to the attention of the TSC director and ask for his assistance. Or call Washington DC (the USCIS central office) to lodge a complaint.
 
Be smart!

Send a complaint, contact your local Congressman or write to TSC Director won't resolve your problem. By the time to receive an answer from them, you may already have your Court Hearing.

As an immigrant, you should act fastly and smartly.

This application is for an initial EAD based on a pending asylum application. In other words, you didn't pay any fees for this application.

If you appeal this denial decision or contact an higher authority to review this decision, it may take you more than 6 months to receive their feedback. However, if you send a new application with clear explanations, it will take you less than 30 days to receive a decision.

In your situation, I will use my judgment and take the right decision.
 
colocolo, that was a smart idea but there is NO guarantee that it will take less than 30 days to receive a decision - thats what the law says but practically USCIS officers will tell you to keep on waiting after 30 days has elapsed. I have been waiting for more than 45 days now no decision. Its really frustrating but we have no choice.
 
Blute said:
colocolo, that was a smart idea but there is NO guarantee that it will take less than 30 days to receive a decision - thats what the law says but practically USCIS officers will tell you to keep on waiting after 30 days has elapsed. I have been waiting for more than 45 days now no decision. Its really frustrating but we have no choice.
Click to expand...

Current it is taking Texas more than two months to generate an asylum based EAD. And when an officer reviews a new application she will see as the first thing in your file the previous denial.
 
thankful said:
Current it is taking Texas more than two months to generate an asylum based EAD. And when an officer reviews a new application she will see as the first thing in your file the previous denial.
Click to expand...


Good Thinking, Thankful!

At this time, the officer will realize their first mistake and will process quickly this new application.

That was my experience 4 years ago with Texas Service center.
 
colocolo said:
Good Thinking, Thankful!

At this time, the officer will realize their first mistake and will process quickly this new application.

That was my experience 4 years ago with Texas Service center.
Click to expand...

It depends. The new officer may not want to overrule the earlier officer if the latter is more senior. The new person might just kick it up the chain of command. Normal human nature.
 
Thankful,

Bear in mind that the officer should document his denial decision. With the evidence submitted in the new EAD application, the other officer has to think twice before processing the case.

They are not supposed to deny immigration benefits to people for fun.
 
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