PLease Please Help me: Request for reschedule interview, now petition is DENIED!

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deargodplhelpme

Registered Users (C)
As i have outlined in a previous thread, I filed I-485, and got an interview on Jan 6, 2009. But because of a wedding celebration at my home country at the same time, we requested to reschedule an interview right after receiving the interview letter in Nov.

We have not heard anything from USCIS until today (during the time i made various inquires and requests), and the letter says that because our failure to appear for biometrics capture, interview or other required in-person process, our petition is denied. We may appeal this decision, the letter said.

So I'm wondering if anyone has a good lawyer to recommend? Please help and give me some references. I think at this point, we need a lawyer.

Thank you so much for helping.
 
Has this happened to anyone in the past 2 years? I've checked all interview reschedule thread and last time I posted my situation here, a lot of you said I just have to wait. Now my case is denied. Please help me.

Thank you! THank you!
 
Does anyone have similar experience? What happens when you appeal this decision? USCIS got to be reasonable, right? We committed a mistake (but we were out of the country...what is a "valid reason"? who decides what is valid reason and what is not?), we should have a second chance, right?
 
You may have to file a motion to reconsider the petition. You don't play with CIS like that!
 
I will go to the federal plaza in NYC tomorrow morning to file an appeal. But what does that mean? Some people say that appeals can take years. And USCIS can still deny us.......all just because we had a planned wedding around the same time of the interview on the other side of the Pacific.

No one plays with USCIS.......they are gods.
 
deargodplhelpme said:
reading other people's experience for denial. Mine is the stupidest of all.
Click to expand...

Youre not the only one this has happened to. Here are some links where people STRONGLY suggest not to reschedule an AOS interview unless its a life or death situation. Requests to change can just become lost in the system, and therefore you are marked as a no show at your interview and it is assumed you have abandoned your AOS. You will need to get a competent immigration attorney to help you. Im sure if you trawl through these links then there may be solutions to your problem.

http://www.visajourney.com/forums/index.php?showtopic=34206&hl=interview+change+denial
http://www.visajourney.com/forums/index.php?showtopic=177456&hl=rescheduled+interview+now+denied
http://www.visajourney.com/forums/index.php?showtopic=148086&hl=rescheduled+interview+now+denied
http://www.visajourney.com/forums/index.php?showtopic=157828&hl=rescheduled+interview+now+denied
http://www.visajourney.com/forums/index.php?showtopic=164408&hl=change+interview+denied
http://www.visajourney.com/forums/index.php?showtopic=89488&hl=change+interview+denied
http://www.visajourney.com/forums/index.php?showtopic=41322&hl=change+interview+denied
 
because you failed to failure to appear for biometrics fingerprint. u resheduled your interview but u still have to go get fingerprinted and u failed to show up.
 
Don't go for an appeal yet, that is costly and complicated. Just file a motion to reopen. And I hope you have proof of sending the reschedule request before the appointment, and that it was delivered.
 
Jackolantern said:
Don't go for an appeal yet, that is costly and complicated. Just file a motion to reopen. And I hope you have proof of sending the reschedule request before the appointment, and that it was delivered.
Click to expand...

I have numerous calls and copies of reschedule letter. And i've made numerous info pass appointment so i suspect USCIS get it that I have requested to reschedule but is angry at my reason to reschedule, which is we have planned a wedding celebration around the time of the interview, and that is not a "valid reason."

what is likely to happen if I file a MTR?

Thanks.
 
elcupacabras said:
Youre not the only one this has happened to. Here are some links where people STRONGLY suggest not to reschedule an AOS interview unless its a life or death situation. Requests to change can just become lost in the system, and therefore you are marked as a no show at your interview and it is assumed you have abandoned your AOS. You will need to get a competent immigration attorney to help you. Im sure if you trawl through these links then there may be solutions to your problem.

http://www.visajourney.com/forums/index.php?showtopic=34206&hl=interview+change+denial
http://www.visajourney.com/forums/index.php?showtopic=177456&hl=rescheduled+interview+now+denied
http://www.visajourney.com/forums/index.php?showtopic=148086&hl=rescheduled+interview+now+denied
http://www.visajourney.com/forums/index.php?showtopic=157828&hl=rescheduled+interview+now+denied
http://www.visajourney.com/forums/index.php?showtopic=164408&hl=change+interview+denied
http://www.visajourney.com/forums/index.php?showtopic=89488&hl=change+interview+denied
http://www.visajourney.com/forums/index.php?showtopic=41322&hl=change+interview+denied
Click to expand...

Thanks. This is very helpful. I am trying to find a good immigration lawyer but this is hard becasue don't want to just google and call everyone of them. That way i don't have any confidence that I am getting a competent lawyer.

Anyone knows good immigration lawyers in NYC? Thanks for anyone who could help!
 
The best thing to do is not just call around all the lawyers you can think of, but rather to contact an experienced 'immigration' lawyer. Many lawyers who arent experienced in areas of immigration will still take your money and attempt to help you, and just reading through visajourney.com, there are hundreds of people who have had disastrous consequences because of this.

Look on www.aila.org/, enter the relevant information in the 'find lawyer' section, and they will produce a list of lawyers who are in the AILA association and are licensed immigration attorneys.
 
elcupacabras said:
The best thing to do is not just call around all the lawyers you can think of, but rather to contact an experienced 'immigration' lawyer. Many lawyers who arent experienced in areas of immigration will still take your money and attempt to help you, and just reading through visajourney.com, there are hundreds of people who have had disastrous consequences because of this.

Look on www.aila.org/, enter the relevant information in the 'find lawyer' section, and they will produce a list of lawyers who are in the AILA association and are licensed immigration attorneys.
Click to expand...

Thanks so much!
 
deargodplhelpme said:
I have numerous calls and copies of reschedule letter. And i've made numerous info pass appointment so i suspect USCIS get it that I have requested to reschedule but is angry at my reason to reschedule, which is we have planned a wedding celebration around the time of the interview, and that is not a "valid reason."
Click to expand...
You gave too much information. You should just say you were going to be out of the US at the time of the appointment. Don't bring up the wedding celebration again; only talk about being outside the US.
what is likely to happen if I file a MTR?
Click to expand...
If they accept the MTR, they'll undo the denial but they won't directly approve it. The case would become pending again, then you just have to wait for them to process the I-485.
 
Hi,

I talked to two lawyers and both recommended to refile. This is very different from many of you here who recommend to file MTR.

The argument is that with refiling, the certainty of getting a EAD in 90 days is a great plus. With MTR, it could take 2 months, or it could take 1 year. And during the meantime, there's no EAD for me. Or so the argument goes.

It could be that the lawyers are recommending refiling because it is a bigger retainer fee for them. But if it is true that with MTR, there is no EAD while MTR is pending, refiling does seem to be a better option.

Any suggestions?

Thanks!
 
Oh, and here is a big shout to those who are filing their GC application:

SPEND $3,000 TO HIRE A LAWYER.

USCIS says you can do this on your own. Right! Look at us....I'm sure there are people who filed on their own and everything went okay. But if you don't have time to read lots of BBS, don't want to carefully read and prepare all the documents, and if you have a demanding job and will be traveling around, and you don't have close friends who can give you their experience as reference, PLEASE hire a lawyer.

Finally, DON"T RESCHEDULE INTERVIEW. Hope this helps some new folks here.
 
Sorry about your case.

wish you the best.

Me and my wife are pending and we are waiting for file review to be have a decision form the AOS
 
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