Need Help: I-485 cases lost

C

ckk5035

New Member
Here is an overview of my case :

PD - Oct 2001
EB2 Labor approved - July 2004 (stuck for 3 years! :mad:)
I-140/I-485 concurrently filed at CSC - Dec 2004
I-140 approved - May 2005
Case transferred from CSC--> NSC Aug 2006
Name Check cleared - Nov 2007
Multiple FPs, EADs & APs over the last few years.

I got a call from an IO today saying that both me & my wife's cases (derivative) were lost. They cannot find it & the last record was from
2006 when the case was transferred from CSC-->NSC.

I've made 15-20 status request since I've filed in 2004 & have always received a response saying that somebody is working on your case & will be approved shortly.

Now the IO wants to "reconstruct" the case & wants me & my wife to file NEW I-485 (fees waived) & attach a cover to explain the situation.

Does anybody have a similar experience ? How should I proceed ? I do not have much confidence that after refiling my case will be approved any time soon.

Thanks in advance for your feedback,
ckk5035
 
If I were you I would have asked the IO to send me something in the mail. You would need that as physical evidence of USCIS incompetence!
 
Take infopass appointment and tell them about the call and request to check the 485 status. If they tell the same, ask them to give you something on paper that you have to file again and fee is waived. If they don't have any info. Open another SR. Ask your congressman/senator to check the status with USCIS.
 
I did request IO to send me paper request with detailed instructions. I've also gotten an Infopass appt for early next week.

Any other suggestions ?
 
ckk5035 said:
I did request IO to send me paper request with detailed instructions. I've also gotten an Infopass appt for early next week.

Any other suggestions ?
Click to expand...

If IO agreed to send you the paper that you have to file again, then wait for two to three weeks. If nothing comes, open another SR and contact your congressman/senator offices. And you have already got infopass appointment, so you can also confirm from them.

If they have lost the file, then there is no choice other than to re-file. But wait for evidence from USCIS.
 
Last edited by a moderator:
ckk5035

this is very bad. I am sorry for it.

I would suggest you to file your I-485's to move forward and then do whatever you want to do with senator. the thing is that let your file reached to NSC first and then you contact senator and tell him details and ask NSC to process your case ASAP since your NC also cleared. pl. ask senator if possible write to Director of NSC. Pl. discuss with your lawyer and then take necessary action.

As always I says USCIS systems, processes and people are all BS.


dice12
EB3 PD01
485 2004
CSC>NSC
485 AD - 05/05/08
 
My online status has NOT been updated since 2006. The staus shows that the case has been transferred from CSC-->NSC. Talking to my attorney today to decide the course of action.

My concern here is that if I refile the 485 they will process me according to the new receipt date & you know what that means...

Hoping for the best here. Do you think a WOM will work in this scenario ?

Thx,
ckk5035
 
485 lost by USCIS

Hi ckk5035,

I am in the same situation now. I have been contacting USCIS for the past one year and have been getting the same response as "we are doing review" on my case. And after the congressman letter and followup, i found my file is lost. But they are not willing to send a official letter...not sure what to do in this case

Did you get any official letter to refile your application?

anyone in this situation? please help!

I am hoping you are in a better state as this post was from 2008, I hope that you see this post and respond! Thanks so much!


ckk5035 said:
My online status has NOT been updated since 2006. The staus shows that the case has been transferred from CSC-->NSC. Talking to my attorney today to decide the course of action.

My concern here is that if I refile the 485 they will process me according to the new receipt date & you know what that means...

Hoping for the best here. Do you think a WOM will work in this scenario ?

Thx,
ckk5035
Click to expand...
 
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