Green Card Denied - Failed to appear on interview URGENT

a_shekhawat

New Member
Today I received letter from INS (I-291). Saying
Upon consideration, it is ordered that your application for status as lawful permanent resident be denied for following reason:

and in attached letter it says

On Dec 15 and Jan 27 you failed to appear for scheduled interview in connection with your application. Your application for permanent residence therefore must be, and hereby is, denied for abandonment.

I never received letter for Dec 15. For january 27th I scheduled appointment with local INS office on Jan 25th (I also called them before). And told them that my wife is in india (on AP). And due to unavoidable reasons she can not come back (I showed them medical papers). And hence I want to reschedule it. She took my application along with interview letter and her itenary and gave me the copy. She said she does not need medical papers. I asked if this is okey and my GC will not be denied. She confirmed that. And since it was too late to post she said she will put those papers in right place.

and now I have received GC denied letter.
what should I Do?
 
Apply Motion to reconsider

Keep yourself and family cool. It should resolve fine. It is another test for perseverance and commitment.

You have informed USCIS before the interview date, that you cannot attend for reason BEYOND YOUR CONTROL. You may have the infopass appointment and also may be an acknowledgement from the officer you met.

You should file for Motion to reconsider -
... A presumption of abandonment cannot be made when the USCIS has facts in its possession (during the decision was made) which prove that no such abandonment has taken place, reqardless of not appearing for the interview.

There should be more options which your or other lawyer can provide.

Good Luck ...
 
Good luck. If I were in this this situation, I will be very nervous too. But I believe you will be fine. Most officers are considerate.
 
good luck - and don't worry- it does not sound like you have done anyhting wrong so you will be OK- it is just usual INS mix ups I expect.
 
a_shekhawat said:
Today I received letter from INS (I-291). Saying
Upon consideration, it is ordered that your application for status as lawful permanent resident be denied for following reason:

and in attached letter it says

On Dec 15 and Jan 27 you failed to appear for scheduled interview in connection with your application. Your application for permanent residence therefore must be, and hereby is, denied for abandonment.

I never received letter for Dec 15. For january 27th I scheduled appointment with local INS office on Jan 25th (I also called them before). And told them that my wife is in india (on AP). And due to unavoidable reasons she can not come back (I showed them medical papers). And hence I want to reschedule it. She took my application along with interview letter and her itenary and gave me the copy. She said she does not need medical papers. I asked if this is okey and my GC will not be denied. She confirmed that. And since it was too late to post she said she will put those papers in right place.

and now I have received GC denied letter.
what should I Do?

Hello, I know this was a long time ago. But I wanted to see how you dealt with this case. My friend is in the same position. She is wondering how to deal with this. Please let us know how you resolved this.

thanks,
Yunus
 
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