Termination of Status for failure to appear for I-751 interview

C

Carli14

New Member
In Mar of 2013 I sent in my I-751 properly completed as my status was due to beexpire in May, 2013.

Received response that the application was received and I have been granted an extension and I will be getting Letter to do the BioMetrics. I did my Bio-Metrics.

Now, for the wait, and wait, & wait. In November, December 2013, January,February 2014 I called USCIS once or twice every month after checking on theirwebsite and seeing "Your Case Status: Initial Review". When I called by phone I received a similar answer - it is still under review.

Finally in March of 2014 after waiting for 1 year and informing the agent that my status was about to expire in 1 month, one of the agents on line said I need to make an appointment via "InfoPass" and go to my local office to get my Passport stamped and I did that April 7. 2014. Ah, did that. Went well.

In June of 2014, I received a letter from USCIS, that says in part ...."Termination of Status for failure to Appear for interview". If the conditional resident alien and/or the petionaing spouse fail to appear .......etc, etc the residence status will be automatically terminated as of ...etc. etc.

You and your petioning spouse were notified in writing to appear fon an interview on April 11, 2014 at the time and location ...etc, etc. The record contains no evidence of a request to reschedule the interview appointment prior to the date and time of the scheduled appointment.

In light of the .......etc, your form I-751 is denied.... etc, etc." Something does not look right!!

What did we do wrong?

What do we do in this situation?
Do we get a lawyer or just write to them explaining what was outlined above?
 
If you changed your address after filing the I-751 but did not file an I-751-specific address change (i.e not AR-11) with USCIS, that's what you did wrong. Otherwise, you did nothing wrong.

File a Motion to Reopen to get the denial overturned. Include a letter explaining the actions you took to follow up throughout the process. List the dates you called them (if you have an accurate record of those dates, either from what you wrote down or your phone bills). Attach a copy of the stamp they put in your passport on April 7 and point out that they did not inform you of the April 11 appointment when you were there on the 7th. Make sure to also attach a copy of your I-751 extension letter, the denial letter itself, and your green card.

Consider having a lawyer write the letter (after you give them the facts in your own words), as USCIS tends to take you more seriously if they see that you have a lawyer working on your side. That should cost a few hundred $$ to $1000. But your case is straightforward enough that it's not very important to have a lawyer at this stage as long as you write the letter well and include the appropriate evidence (but if denied again, definitely get a lawyer for the next level appeal).
 
You may not be a lawyer, but what you explained makes a lot of sense. I will contact the Catholic Charities on Monday next to see if they can help. They have lawyers & Legal Aid persons on staff.

I moved, more than once, and each time I completed the AR-11 form and they even responded saying they have received it.

Thank you for a straight forward answer, which I know will be of great help to other honest immigrants.
 
Carli14 said:
I moved, more than once, and each time I completed the AR-11 form and they even responded saying they have received it.
Click to expand...

If those moves were while the I-751 was pending, that's the source of your problem. If you have a pending immigration application(s), you need to do another address change for each application; AR-11 is not enough.

Anyway, what you do have in your defense is that you followed up with USCIS about the status of your case, in particular the April 7 appointment when they didn't tell you about the interview.
 
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