My family never recied a fingerprinting appointment, now they're abandoning my family's I-485???

The_Journey

Registered Users (C)
Please help, we just got this in the mail tonight.

It said this:

"On January 29, 2010, Citizenship and Immigration Services sent you a fingerprint appointment notice. The notice instructed you to appear for fingerprinting a the Applications Support Center (ASC) in San Marcos on February 26, 2010. The Citizenship and Immigration Services has no record that you appeared for fingerprinting during this period. In addition, Citizenship and Immigration Services did not receive a request to reschedule your appointment to be fingerprinted before the expiration of this period.

In view of the above information, your application has been deemed abandoned for the principle alien's failure to comply with the request for appearance to be fingerprinted.

Accordingly, your application for adjustment to be a permanent resident alien is deemed abandoned and denied pursuant to Title 8, Code of Federal Regulations, Part 103.2(b)(13).

This decision may not be appealed. However, you may file a motion to reopen in accordance with 8 CFR 103.5(a)(2). The motion must be filed within thirty (30) days of the service of this decision and must be filed with evidence that the decision was in error. "

The problem is, we never received a fingerprinting appointment notice on January 29, 2010 or later until this notice. We never received anything from UCIS until this mail.

We are very concerned because it stated we cannot appeal this decision.

What should our next step be?
 

kaylee

Registered Users (C)
Maybe you should call them and tell them you never received anything. They are saying that you can't appeal this decision ad you file a motion to reopen so after you speak to them if they don't give you any other options, I guess you should just do that. Unfortunately, sometimes notices get lost in the mail and there is nothing you can do about it :( Good luck
 

dafortycal

Registered Users (C)
Which part isn't clear "However, you may file a motion to reopen..."

Please help, we just got this in the mail tonight.

It said this:

"On January 29, 2010, Citizenship and Immigration Services sent you a fingerprint appointment notice. The notice instructed you to appear for fingerprinting a the Applications Support Center (ASC) in San Marcos on February 26, 2010. The Citizenship and Immigration Services has no record that you appeared for fingerprinting during this period. In addition, Citizenship and Immigration Services did not receive a request to reschedule your appointment to be fingerprinted before the expiration of this period.

In view of the above information, your application has been deemed abandoned for the principle alien's failure to comply with the request for appearance to be fingerprinted.

Accordingly, your application for adjustment to be a permanent resident alien is deemed abandoned and denied pursuant to Title 8, Code of Federal Regulations, Part 103.2(b)(13).

This decision may not be appealed. However, you may file a motion to reopen in accordance with 8 CFR 103.5(a)(2). The motion must be filed within thirty (30) days of the service of this decision and must be filed with evidence that the decision was in error. "

The problem is, we never received a fingerprinting appointment notice on January 29, 2010 or later until this notice. We never received anything from UCIS until this mail.

We are very concerned because it stated we cannot appeal this decision.

What should our next step be?
 

BigJoe5

Registered Users (C)
The type of Motion they refer to requires that you prove one of the following circumstances: YOU HAVE A CLEAR DEADLINE don't miss it.

(2) Requirements for motion to reopen. A motion to reopen must state the new facts to be provided in the reopened proceeding and be supported by affidavits or other documentary evidence. A motion to reopen an application or petition denied due to abandonment must be filed with evidence that the decision was in error because:

(i) The requested evidence was not material to the issue of eligibility;

(ii) The required initial evidence was submitted with the application or petition, or the request for initial evidence or additional information or appearance was complied with during the allotted period; or

(iii) The request for additional information or appearance was sent to an address other than that on the application, petition, or notice of representation, or that the applicant or petitioner advised the Service, in writing, of a change of address or change of representation subsequent to filing and before the Service's request was sent, and the request did not go to the new address.
 
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