I 485 Denied

J

jagan0918

Registered Users (C)
Hello,
I received a letter from CIS stating that the 485 has been denied because I did not appear for Finger Printing. But I am sure I did not receive any letter for Finger printing. Even if they had sent it to the old address I should have received it since I have mail forwarding. So I believe this may be a mistake on their side. In any case, what are my options right now. I received the letter today but was dated Apr 20th. Labour and 140 are already approved.
Thanks in advance for your help.
Jagan
 
Last edited by a moderator:
jagan0918 said:
Hello,
I received a letter from CIS stating that the 485 has been denied because I did not appear for Finger Printing. But I am sure I did not receive any letter for Finger printing and I believe they may have sent the letter to my old address. In any case, what are my options right now. I received the letter today but was dated Apr 20th. Labour and 140 are already approved.
Thanks in advance for your help.
Jagan
Click to expand...

you can appeal the decision. Talk to your lawyer. I hope you had filed AR-11 for change of address and had your address corrected on 485 application when you moved.

also, it is strange that you didnt rec. the notice, since it is sent to the law offices also. it is possible that they never sent it out since you and the lawyers both didn't rec. the notices.
 
Hi, I had filled the AR11 Change of address form and have been receiving mails from BCIS for EAD and things like that including this denial notice, except that particular finger printing letter.
 
File another I-485 based upon the same I-140. It may be adjudicated faster than appeal or MTR.
 
It's really stupid the USCIS deny the I-485 simply because of missing one FP appointment. The service of US post office is very poor at my apartment. We frequently exchange mails among the neighbors due to the misplacement by postman. That worries me a lot. I used to file complain to PO but useless.


jagan0918 said:
Hello,
I received a letter from CIS stating that the 485 has been denied because I did not appear for Finger Printing. But I am sure I did not receive any letter for Finger printing. Even if they had sent it to the old address I should have received it since I have mail forwarding. So I believe this may be a mistake on their side. In any case, what are my options right now. I received the letter today but was dated Apr 20th. Labour and 140 are already approved.
Thanks in advance for your help.
Jagan
Click to expand...
 
Last edited by a moderator:
jagan0918:

Sorry to hear that. I have similar experience recently, see my related thread in the forum. Which service center are you in ?

Mine was also denied for not appearing for FP, though I have one FP done before and never received any other FP notices.
 
Hi Crystalview, Looked at your thread. It gives me hope. Mine is at Nebraska Service Center.
 
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Hi, jagan0918:

I already filed Motion to Reopen within the timeframe, technically, it should be done within 30 days. You should do it fast because of your late receipt of the letter. I am also preparing to refile I-485 for safety because I do not know how long the MTR will takes, maybe a few weeks or a few months. The BCIS errors is really making our life miserable, the denial of my case is totally unexpected and a shock to me, I've called customer service last year before asking for 2nd FP since the 1st FP expired, they just told me to wait because of the reported processing time is not there yet.

I once had experience with NSC a couple years ago, never received the approval notice in mail for one of our visa petition and had to spend extra money to get the duplicate copy. You know what, yesterday one of my friends told me that he applied for H-1 B extension at Nebraska center recently, together with his dependents (wife and 10 years old son) for H-4 extension, to his surprise, he got approval notices for himself, wife and son all in H-1B visa, isn't that amazing, allowing his 10 years old son be able to get H-1 B visa. He contacted NSC about this error, still no response yet. TSC is also amazing at least from my experience.
 
jagan0918 said:
Hello,
I received a letter from CIS stating that the 485 has been denied because I did not appear for Finger Printing. But I am sure I did not receive any letter for Finger printing. Even if they had sent it to the old address I should have received it since I have mail forwarding. So I believe this may be a mistake on their side. In any case, what are my options right now. I received the letter today but was dated Apr 20th. Labour and 140 are already approved.
Thanks in advance for your help.
Jagan
Click to expand...


Don't worry and don't panic, many pp have same issue and got approval after filing MTR. ask ur attorney to file MTR(Motion to reopen)

read this he is in same situation , contact him if u like

http://boards.immigration.com/showthread.php?t=173832&highlight=denied


Good LUck
 
jagan0918,

I am sorry to hear that. You can appeal with your lawyer's help. Probably USCIS' error.

I understand you had already filed your AR-11 form and you received EAD at your current address, but did you call Customer Service to update your address??? You have to make sure to double check with them on your updated address.
 
jagan0918 said:
Even if they had sent it to the old address I should have received it since I have mail forwarding.
Click to expand...

Most of the USCIS envelopes have RSR stamps ("return service requested") and as a result they don't get forwarded.
 
I did not followup with the NSC or USCIS regarding my change of address as you suggested and I should have done that. Anyways I am working with my attorney to send out an appeal and I hope this will end in good way for me.
 
jagan0918 said:
I did not followup with the NSC or USCIS regarding my change of address as you suggested and I should have done that. Anyways I am working with my attorney to send out an appeal and I hope this will end in good way for me.
Click to expand...

Your attorney should have received your FP notice too. For FP notice, one copy always go to attorney. If he/she did not receive it, then USCIS should be blamed, atleast partially.
 
jagan0918 said:
Hello,
I received a letter from CIS stating that the 485 has been denied because I did not appear for Finger Printing. But I am sure I did not receive any letter for Finger printing. Even if they had sent it to the old address I should have received it since I have mail forwarding. So I believe this may be a mistake on their side. In any case, what are my options right now. I received the letter today but was dated Apr 20th. Labour and 140 are already approved.
Thanks in advance for your help.
Jagan
Click to expand...
USCIS normally changes address for pending 485's within a month and sends confirmation of that to new address. We got change address confirmation by mail and emails for mine and my wife's case within 30 days of calling 800 # for address change.

I wonder why still the notice would go to old address if its changed in their system.
But nowadays all sorts of nonsense are happening via USCIS!
 
USCIS Blunders

USCIS is capable of any blunder. I updated my address with NCSC and even got a written letter confirmation that my new address is in their system. Still they transferred my file to a local office close to my old address and started sending all notices to the old address as well. They even lost my lawyer's G-28. It was only after Congressman Neal's intervention that they traced my file. So Beware!
 
fast_gc_seeker said:
USCIS normally changes address for pending 485's within a month and sends confirmation of that to new address. We got change address confirmation by mail and emails for mine and my wife's case within 30 days of calling 800 # for address change.

I wonder why still the notice would go to old address if its changed in their system.
But nowadays all sorts of nonsense are happening via USCIS!
Click to expand...

jagan0918 already mentioned that he did not change address with his service center. He only sent AR-11.
 
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