I-485 denied. BCIS mailed notice to wrong address. Please Help!

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Ayeloflo

New Member
Hello everyone,
Thank heavens I found this website.
I am very frustrated, I would really appreciate reading suggestions and experiences relating to my situation. Here is my story:
I (West African) have been in the country legally for about 7years, got married to a US citizen and filed AOS (the whole packet including Advance Parole and Employment Card. Below is a list of events:

AOS: January 2005
FP: May 2005
AR-11 Form in May 2005
EAD: April 2005

There was no news from BCIS and I submitted another change of addresss form, always keeping track and checking with BCIS customer service. But there was still no update on my case because the Los Angeles office did not issue a number with which to track down the case and check the stutus of my AOS.
Finally, I hired an attorney in December 2005. The attorney found out, and showd me several letters (from Los Angeles office) that were mailed to us from BCIS about our interview in June 2005. We never got any of these letters because they (BCIS) had a wrong address on all of them. Somehow 11 became 77 on the address.
Now the case is denied because we couldn't show up to the interview. And now my Employment card expires in March.
My wife and I are both studying at college.
Please help. Really, we need serious help. God bless you.
 
Sorry to hear the trouble you're in. But don't panic. There is always hope.
First of all, it's probably wise to consult the lawyer again.
Secondly, there is always a chance to appeal the denial by filing a motion to reopen or a motion to reconsider the case. Go here and see further instructions:
http://uscis.gov/graphics/howdoi/RepealDenial.htm

In my humble opinion there's a good chance for you guys that USCIS don't blame you for the false adress and reopen your case, even if you filed the questioned adress and made those digits look like 77 even if you meant to write 11.
 
Thanks for your note. The rejection letter says I should send about $350 or so to an office in Chicago together with filing MTR and I-230B
Is MTR a specific form, or is it a letter that I have to write explaining how it all happened?
In addition to that, after I file Administrative Appeal, what is the wait time to be called for interview? I wonder what's gonna happen to my Employment card since it's supposed to expire in March. Any help is appreciated.
 
Ayeloflo said:
Is MTR a specific form, or is it a letter that I have to write explaining how it all happened?
In addition to that, after I file Administrative Appeal, what is the wait time to be called for interview? I wonder what's gonna happen to my Employment card since it's supposed to expire in March. Any help is appreciated.
Click to expand...
You can get some info here: http://uscis.gov/graphics/howdoi/repealdenial.htm
About your Employment card: I think you should renew it until you get this resolved.
 
Hey guys,
Thank you very much for all your help. I live in Los Angeles but when I had my MTR I-485 rejected and returned to me, whoever did the rejection asked me to mail it to AAO in Chicago. Since I live in Los Angeles, I'm concerned about why it should be Chicago though I have made copies of everything and mailed them to Chicago. Is the location unusual for applicants in Los Angeles? Any feedback and/or experience will help. Thanks
 
Omo Iya

Ayeloflo said:
Hey guys,
Thank you very much for all your help. I live in Los Angeles but when I had my MTR I-485 rejected and returned to me, whoever did the rejection asked me to mail it to AAO in Chicago. Since I live in Los Angeles, I'm concerned about why it should be Chicago though I have made copies of everything and mailed them to Chicago. Is the location unusual for applicants in Los Angeles? Any feedback and/or experience will help. Thanks
Click to expand...

I sympathize with you for all your trouble. You just need to look out and don’t relent until you get want you want from them. This kind of situation happened to my friend in New York, though in his own case, it was too late before he discovered. Actually, he discovered when he wanted to renew his EAD. His application was denied in May 2004 and he discovered this in November, 2005. He had to start a new application process.
I will suggest that you should make InfoPass appointment and go to your district office to explain to them. I presume your Motion To Reopen was rejected because there is limitation to the time you can file it. I am not too sure but it’s about 33 days after the application was denied.
If they cannot help you at the district office, I will suggest you file a new application ASAP and you don’t need a lawyer to do this, your district office processing time is fast. Just make sure you inform them at your district office your dilemma with your EAD and ask them to help you expedite your new case.

I guess you're from Naija. Good luck
 
Ayeloflo,
Please read this link:
http://uscis.gov/graphics/howdoi/aau.htm
Your rejection indicated that you must file it at the correct jurisdiction office that is why should be AAO (Administrative Appeal Office).
There is a time limit to file the MTR and the appeals so I am not sure what happen if you are past due.
Your EAD is link to your I-485, so if your I-485 is denied then your EAD is not valid anymore even you haven't reach your expiration date, unless your employer doesn't ask about it. The most important thing that you should file your appeal ASAP.
 
Hey Ayeloflo :

Sorry to hear about your situation. But remember the next time you move somewhere else and ...notify the USCIS or not, remember to go to your nearest post office/USPS , pay a dollar or so for "mail forwarding"..it will save you a lot of trouble , later.

good luck!
 
The last time that I ask the USPS and USCIS about the mail forwarding service, both told me that they doesn't forward mails from USCIS. (that was more than 5 months ago)
 
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