denial and starting over

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TheInquisitor

Registered Users (C)
can't give enough details since i myself don't know them. have a cousin who put in an i-485 and basically was just needing the final interview if not mistaken and he has a lawyer. there was some interview or meeting he needed to go. the lawyer for some reason couldn't go. so my cousin went with my aunt and for some reason couldn't really do what they went there for. don't know if they were late or immigration was running late. i just don't know.

i am told (i get this info from a third person that wasn't there) that they signed some letter saying they went and couldn't do what they were there to do. my cousin gets letter in the mail from immigration saying his petition was abandoned and he needed to start all over.

is that for real? could that really happen? again, don't know the full details, but why couldn't they get another appointment? the lawyer says that they have to start all over. is immigration that rigid? don't htye give peopel brakes? any personal stories?

i have biometrics soon. let's say there is a big car accident and get there four hours late? or that i am taken to the hospital for a few days? will immigration deny everything and tell me to start all over? recently got an rfp and they want the original letter. let;s say i send them the info. let's say that the mail truck catches fire and the mail is lost. are thye going to tell me to start all over?

and will my cousin have to get a new physical? he is under 245i, will he have to pay the 1k fine once again? he put in in the mid/late 90's, but let's say that he is no longer current when it comes to pd and visas. does he have to wait or could he apply? any personal stories?

so is immigration very strict or do they give people brakes when one have valid reasons? could it be that because the lawyer couldn't go they couldn't do the meeting? if so, any new fees will have to be from the lawyer if you ask me and they should really cut my cousin a brake. then again, don't know if the issue if something else and they aren't saying it and giving soem bs excuse.
 
Well, the examples that you are giving are very extreme...and if you are in a hospital it is suppose that you are under the petition by somebody so that somebody your family member should contact USCIS and reschedule the interview date and give the reason that would be that you are in the hospital.


Since you even don't know the details of what happened it is very difficult to know what could trigger the reason of the abandonment issue by USCIS. His case was in based of what? that the lawyer did not go to the interview does not matter the ones who must go are the petitioner and the beneficiary with all the original documents and evidence. So if apparently they did not go where they suppose to go or show up then of course the case is consider abandon. That is why if you think you would not make it you must reschedule the interview on time and that is given on the interview letter. It is the same thing as waiting for your ticket to get call for whatever service you are going to receive if you are not there by the time the ticket is call you must start again, right?

What they must do it's to reopen the case, that is not file over again. That is to reopen the case that was consider abandon.

It's not about giving break for valid reasons...that why there are procedures to follow like rescheduling. There is a process and way-to-do-things since there are thousands of people who are before and after them.

Good luck,
 
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What they must do it's to reopen the case, that is not file over again. That is to reopen the case that was consider abandon.
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so new physical and things like that?

the case was a legal resident filing for unmarried son over 21. he was in colombia when it went in and came here and was heer when they did the 245i. aunt is still citizen.

and once a friend sent over 40 letters. one of them was for me. some guy puts the mai box on fire and mail inspectors went to my friend's house with the ashes and told him about it. i know is extreme, but i trust that immigration will look over that. yes, they should abandon a case if they get no info or the wrong info.

so my cousin has to start all over. wonderful. and his work authorization card?
 
I don't think he must do all over again. It's called MTR: Motion to Reopen. I don't know too much about it just read about it and many people that has been in the same boat.

Well, in that case you will have the report from the fire and mail inspectors at least, unfortunately there is not too much to do in a situation like that.

Check over here:

http://www.uscis.gov/graphics/howdoi/aau.htm

http://discuss.ilw.com/eve/forums/a/tpc/f/902603441/m/60810088431

Good luck, they must do it as soon as possible. He just has like 30 days.
 
Well, in that case you will have the report from the fire and mail inspectors at least, unfortunately there is not too much to do in a situation like that.
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not that it happened. just saying as an example. so let's say that happens and the mail inspectors tell that to immigration. immigration will turn around and just close the case?

will talk to my cousin and to look more into mtr. will do research myself. thank you.
 
now thati think about it, last week i was told that my cosuin couldn't do the meeting because the letter he got the name wrong. everything was correct but the name. don't know who told him not to do the meeting. could it be that some division in immigration told him to wait until they got the name right and another division abandoned his case because they saw he didn't do the meeting? could that happen? if that is what happened, don't my cousin have a case and reason?

soon i have biometrics. there is an issue with my last name. already sent a letter to MO and called the 800 number. the bio letter still had the mistake. probably it went out before it got corrected. if by the time i do bio they still haven't done it, could they actually tell me not to do bio? and if i don't do bio, will they abandon my case? i will take the case numbers i got from the 800 number and take a copy of the letter and prove MO got it just in case.
 
TheInquisitor said:
now thati think about it, last week i was told that my cosuin couldn't do the meeting because the letter he got the name wrong. everything was correct but the name. don't know who told him not to do the meeting. could it be that some division in immigration told him to wait until they got the name right and another division abandoned his case because they saw he didn't do the meeting? could that happen? if that is what happened, don't my cousin have a case and reason?

soon i have biometrics. there is an issue with my last name. already sent a letter to MO and called the 800 number. the bio letter still had the mistake. probably it went out before it got corrected. if by the time i do bio they still haven't done it, could they actually tell me not to do bio? and if i don't do bio, will they abandon my case? i will take the case numbers i got from the 800 number and take a copy of the letter and prove MO got it just in case.
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i will tell him that. i am asking since all of us have been in many different situations. if i find out what happens, i will post it so those here could learn and try not to be in this situation.
 
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