I-131 was denied without biometrics appointment

B

beanson

New Member
I am a permanent resident, and I applied for a re-entry permit due to completing my high school education abroad. I applied for a re-entry permit in june 2010. I recieved my case number, and regularly checked online for case updates, however it never went any further than the 1st step; acceptance. A few days ago I recieved a notice saying that my application has been denied, due to not appearing for a biometrics appointment. I however never recieved any such invitation through mail, nor did the case status ever proceed any further than the acceptence step, even though it clearly states that it is in the initial review part that one recieves an appointment for biometrics. Where can I basically go from here? Can I motion to reopen, due to not having recieved the appointment, and further no updates to case status?
 
Did you provide a US mailing address, and have somebody in the US to check your mail? They won't mail the biometrics notice to a non-US address.
 
The online status notification is rubbish because it is unpredictable, and almost never properly updated until the end. DO NOT RELY ON IT. You should call CIS off and on if you feel you haven't received something. Be proactive with these people.

At this point you can appeal or re-apply, both of which are not cheap. You can TRY to contact your senators/congressperson and see if they can get in touch with CIS through the inside track IF you are sure you properly filled out the application with a US address. Try to also contact the ombudsman to see if they can check on your behalf, since this is possibly not the result of your own mistake.
 
I did indeed enter my US address, and all my mail is forwarded by my family/relatives over there. I am surprised to know that the uscis don't send such important information through registered mail. I am sure that I did fill out the form correctly, as I have checked it multiple times. The uscis wrote in the letter that I got, that there is no appeal to this decision. So I guess I'll have to send a letter to some appropriate US agency, criticising the uscis' processing of my case. Also I assume the burden of proof is at the uscis' side, just as it is mine when I send them something.
 
I'd actually prefer to not have to re-apply, since I don't feel like paying for a mistake that was not mine. I think that it should be possible to contact uscis or some agency above that, and confront them with the fact that I didn't recieve the notice for biometrics appointment. It is after all uscis' responsibility to prove that I recieved the notice, if I am not wrong.
 
I definately feel like your idea is great, but I don't feel like senators/congressmen/the ombudsman really will care about one single person's case. I certainly wouldn't mind trying, as I don't have anything to loose by doing so. But then again how do I contact these kind of people?
 
beanson said:
I'd actually prefer to not have to re-apply, since I don't feel like paying for a mistake that was not mine.
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MTR is more expensive than reapplying.

I think that it should be possible to contact uscis or some agency above that, and confront them with the fact that I didn't recieve the notice for biometrics appointment. It is after all uscis' responsibility to prove that I recieved the notice, if I am not wrong.
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Wrong on both counts. They don't give a damn what you think, and the burden of proof is on you to show that USCIS didn't send it. Unfair? Of course it's unfair. But US immigration law is a mountain of unfairness.
 
well i think that to be on safe side one should not leave US before the biometrics are done and this process is done inside US not outside US. Moreover in my opinion u should go for a new re-entry permit.
 
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