That's right Vegas confirms in advance of interview change then conducted interview and claimed abandoned with no notice from us, then refused to acknowledge their mistake. The mailed notice with right to appeal to old address even though they had new address, thereby eliminating any chance we could appeal. Then sent to DOJ DHS for proceeding for removal. Can they take back this order as US attorney Las Vegas suggests? Or what should we do, see following facts:
• September 3 admitted to LAX on K1
• November 21, 2010 Married with the 90 days allowed on K1
• Dec 3 2010 expresses pack for I485 change of status with all documents received at USCIS, Residing in Las Vegas
• Jan 13, 2011 Biometrics completed at Las Vegas, March 29 interview date set in las vegas
• March 25 We called USCIS to inquire if we could and timely reschedule and change address, put on hold by level 1 & checked and came back, said yes, Operator g682142 Nora gave instructions that a letter confirming within 2 weeks and instruction for new interview in 4-5 weeks, and she said all mail would come to new San Diego Address. Informed about medical emergency with IV for lead couldn’t make that appointment, operator said urgent message was sent o Las Vegas.
• March 28 USCIS Las Vegas issues letter sent to new address San Diego, CA, confirming change of address, change of jurisdiction to San Diego, and acknowledge request change of interview date.
• March 29 USCIS Las Vegas moved forward with interview failing to acknowledge it own departments change of jurisdiction to San Diego and reschedule of interview date
• March 29 Field Director sends letter (directed in part by USCIS supervisor Stephen P Green) of denial and abandonment, stating that there was no record of any change, and then sent this notice to old address, disregarding protocol of his own office letter of change above, and denying the following administrative and legal rights: Title 8, Code of Federal Regulations, Part 103.2(b) (13) states in pertinent part:
• “…if an individual requested to appear for fingerprinting or for an interview does not appear, the Service does not receive his or her request for rescheduling by the date of the fingerprinting appointment or interview, or the applicant or petitioner has not withdrawn the application or petition, the application or petition shall be considered abandoned and, accordingly, shall be denied.”
• Clearly, the letter from USCIS and from the very same office confirm the change constitutes and error with the systems and processes of USCIS, the continued failure to recognize and correct, when USCIS has the authority and the DOH and DHS and US Attorney Wayne Price stating that it can and should have a service order rescind this allowing the interview so as not to waste the courts time and busy docket. Las Vegas USCIS : Failed to recognize administrative right to change address; Failed to recognize of administrative right to change interview; Failed administrative right to notice; Failed administrative right to appeal; Failed to respond to own internal urgent notices & failed to respond to certified overnight proofs and opportunity to correct their mistakes
• April 29, 2011 called USCIS told I-485 denied, transferred to level 2, officer, put on hold, he agreed that a mistake had happened within USCIS, that the interview change request and address had been received timely and that conformation prior to interview was sent to San Diego, he told us do not appeal as that would stop his use of his efforts, he sent urgent message to Las Vegas and Missouri, they would rescind the letter and send new instructions to San Diego, do nothing else wait for instructions in San Diego. Said we would receive new instruction in 2 weeks, said do not fax or notice Missouri
• May 17, 2011 called USCIS talked with level 2 officer, sent another urgent message to Las Vegas.
• May 19, 2011 talked with US Attorney Wayne after talking DOJ, Court Secretary, DHS, he said USCIS can & should do a service order to pull back the NTA and provide the interview so the court doesn’t waste its time and that’s exactly what the court would do.
• May 23, 2011, sent fax to Missouri Support Center supervisor urgent letter and proofs of mistake by USCIS Las Vegas
• May 23, 2011talked with level 2 officer said to go to San Diego USCIS have them to call Las Vegas, to transfer, and do Missouri, fax 816-251-2290 to supervisor attention.
• May 23, 2011,made info pass earliest appoint (May 26, 2011) for San Diego USCIS Office told to go there by US Attorney and level 2 USCIS to have them correct with Las Vegas USCIS office.
• September 3 admitted to LAX on K1
• November 21, 2010 Married with the 90 days allowed on K1
• Dec 3 2010 expresses pack for I485 change of status with all documents received at USCIS, Residing in Las Vegas
• Jan 13, 2011 Biometrics completed at Las Vegas, March 29 interview date set in las vegas
• March 25 We called USCIS to inquire if we could and timely reschedule and change address, put on hold by level 1 & checked and came back, said yes, Operator g682142 Nora gave instructions that a letter confirming within 2 weeks and instruction for new interview in 4-5 weeks, and she said all mail would come to new San Diego Address. Informed about medical emergency with IV for lead couldn’t make that appointment, operator said urgent message was sent o Las Vegas.
• March 28 USCIS Las Vegas issues letter sent to new address San Diego, CA, confirming change of address, change of jurisdiction to San Diego, and acknowledge request change of interview date.
• March 29 USCIS Las Vegas moved forward with interview failing to acknowledge it own departments change of jurisdiction to San Diego and reschedule of interview date
• March 29 Field Director sends letter (directed in part by USCIS supervisor Stephen P Green) of denial and abandonment, stating that there was no record of any change, and then sent this notice to old address, disregarding protocol of his own office letter of change above, and denying the following administrative and legal rights: Title 8, Code of Federal Regulations, Part 103.2(b) (13) states in pertinent part:
• “…if an individual requested to appear for fingerprinting or for an interview does not appear, the Service does not receive his or her request for rescheduling by the date of the fingerprinting appointment or interview, or the applicant or petitioner has not withdrawn the application or petition, the application or petition shall be considered abandoned and, accordingly, shall be denied.”
• Clearly, the letter from USCIS and from the very same office confirm the change constitutes and error with the systems and processes of USCIS, the continued failure to recognize and correct, when USCIS has the authority and the DOH and DHS and US Attorney Wayne Price stating that it can and should have a service order rescind this allowing the interview so as not to waste the courts time and busy docket. Las Vegas USCIS : Failed to recognize administrative right to change address; Failed to recognize of administrative right to change interview; Failed administrative right to notice; Failed administrative right to appeal; Failed to respond to own internal urgent notices & failed to respond to certified overnight proofs and opportunity to correct their mistakes
• April 29, 2011 called USCIS told I-485 denied, transferred to level 2, officer, put on hold, he agreed that a mistake had happened within USCIS, that the interview change request and address had been received timely and that conformation prior to interview was sent to San Diego, he told us do not appeal as that would stop his use of his efforts, he sent urgent message to Las Vegas and Missouri, they would rescind the letter and send new instructions to San Diego, do nothing else wait for instructions in San Diego. Said we would receive new instruction in 2 weeks, said do not fax or notice Missouri
• May 17, 2011 called USCIS talked with level 2 officer, sent another urgent message to Las Vegas.
• May 19, 2011 talked with US Attorney Wayne after talking DOJ, Court Secretary, DHS, he said USCIS can & should do a service order to pull back the NTA and provide the interview so the court doesn’t waste its time and that’s exactly what the court would do.
• May 23, 2011, sent fax to Missouri Support Center supervisor urgent letter and proofs of mistake by USCIS Las Vegas
• May 23, 2011talked with level 2 officer said to go to San Diego USCIS have them to call Las Vegas, to transfer, and do Missouri, fax 816-251-2290 to supervisor attention.
• May 23, 2011,made info pass earliest appoint (May 26, 2011) for San Diego USCIS Office told to go there by US Attorney and level 2 USCIS to have them correct with Las Vegas USCIS office.