The FOIA made a mistake? and gave us someone else's papers!

[alyon200]

My husband lost his passport and we decided to submit his Mexican ID, Birth Cert, and copies of his families passport as they all applied together as a family. We got back 2 pages of info which included a time he went out to California.
We went to our 2nd interview for AOS where the officer drilled and questioned my husband for over a half and hour about how he obtain the FOIA and what info we sent? but didn't want to see our orginal FOIA request or our official FOIA papers.
Finally the officer told my husband that he "assumes" that the FOIA wasn't able to find any info from what we sent and instead just looked up the same name and DOB and assuming it was my husband's papers.
The officer told us that the FOIA papers we got belong to a guy out in California who got a AOS back in 2004 and that he too was orginally from Mexico and moved out to Cali.
At first the officer thought my husband was a lying about how or what we submitted to the FOIA but realized my husband answers didn't match the other guy's info, nor was my husband going to commit perjury or problems for himself.
Can you really think the FOIA would just pull out papers for someone with the same name and DOB? and nothing else? and being a Latin name which is so common where they use both their mom and dad's last name.
So now, we are back to square one as we don't have proof of entry as that FOIA is voided. My lawyer said he never heard any such cases of this and that he will try to get an extention of time...even though the officer said my husband wouldn't have time to submit any more info as he has to make a decsion soon and that 90% he will be denied.

 

[alyon200]

Update: The officer showed my husband supporting documentation that the "passport number on the FOIA" did belong to another guy as at first we thought he was stealing my husband's info...they have the same name, DOB, born in Mexico and have visited California. Crazy I know. Officer didn't let me go in, now I know why as I would have been questioning everything with a fine comb.

My husband lost his passport and we decided to submit his Mexican ID, Birth Cert, and copies of his families passport as they all applied together as a family. We got back 2 pages of info which included a time he went out to California.
We went to our 2nd interview for AOS where the officer drilled and questioned my husband for over a half and hour about how he obtain the FOIA and what info we sent? but didn't want to see our orginal FOIA request or our official FOIA papers.
Finally the officer told my husband that he "assumes" that the FOIA wasn't able to find any info from what we sent and instead just looked up the same name and DOB and assuming it was my husband's papers.
The officer told us that the FOIA papers we got belong to a guy out in California who got a AOS back in 2004 and that he too was orginally from Mexico and moved out to Cali.
At first the officer thought my husband was a lying about how or what we submitted to the FOIA but realized my husband answers didn't match the other guy's info, nor was my husband going to commit perjury or problems for himself.
Can you really think the FOIA would just pull out papers for someone with the same name and DOB? and nothing else? and being a Latin name which is so common where they use both their mom and dad's last name.
So now, we are back to square one as we don't have proof of entry as that FOIA is voided. My lawyer said he never heard any such cases of this and that he will try to get an extention of time...even though the officer said my husband wouldn't have time to submit any more info as he has to make a decsion soon and that 90% he will be denied.

 

[Jackolantern]

Update: The officer showed my husband supporting documentation that the "passport number on the FOIA" did belong to another guy as at first we thought he was stealing my husband's info...

Does your husband agree that the passport number is for a different guy? Or is it just the interviewer who was saying that?

 

[alyon200]

My husband doesn't recall his passport number but did tell the officer that because his whole family got it at the same time that his should be the 3rd lowest number from his father, the officer said he doesn't have time to look that up even though we sent his families passport copies with the FIOA. The officer showed my husband a picture of a guy in California and told my husband that the passport number belongs to that guy. My husband didn't question the officer on the number, but I wanted to see and verifiy but wasn't allowed in.
I guess we are lucky in one way, he could have denied him on the spot and had him deported which for some reason he didn't.

Does your husband agree that the passport number is for a different guy? Or is it just the interviewer who was saying that?

 

[Jackolantern]

My husband doesn't recall his passport number but did tell the officer that because his whole family got it at the same time that his should be the 3rd lowest number from his father, the officer said he doesn't have time to look that up even though we sent his families passport copies with the FIOA.

Is the passport number you got from the FOIA close to his family's passport numbers? If yes, this seems like a case of a jackass officer who is determined to find a reason to deny his case, or a clerical error at USCIS, mixing up that guy's files with yours.

Did your husband bring copies of his family's passports to the interview? If not, big mistake.

Why didn't he file I-102 to get a new I-94? And communicate with the agency in Mexico that issued the passport, to get a letter confirming it? Does he know when the passport was issued? Does he personally know his own entry date from memory or another reliable source, and does it match the last entry date as shown in the FOIA?

I suggest you get a lawyer ASAP.

 

[alyon200]

The officer wouldn't let him bring in his folders with his documenations and later in the interview my husband told him that he has copies of his families passports to show what was submitted, the officer told him not to bother as he needs to know about him...not his parents and that it is not his job to look up their info.

I'm looking up the US Consulate in Mexico so maybe I can get a copy. I told my lawyer about filing a I-102 but she said that is for a visa not a passport. Yes, he got it back in 1989 and traveled throughout the US with his family and then later for personal vacations with being 2005 as the last time he drove across the border and in 2004 he visited California for a couple of days.

I need to look at the copies of his parents passport numbers to see, meant to do that right away but have been busy explaining things to this lawyer who wants to get an "extension" and consulting another one who has "connections" which is important down here and she helped out another friend we know....but she is expensive and works in another town.

Is there a number I could call for the US Consulate? and I wonder if they will submit any info without my husband physically being there? Do you not think that the FOIA would have the same info as the Consulate? We wanted to submit another but the officer said it would be a waste of time. I wonder why he didn't deny it right away or send him back? Is it possible the officer is in doubt?

Is the passport number you got from the FOIA close to his family's passport numbers? If yes, this seems like a case of a jackass officer who is determined to find a reason to deny his case, or a clerical error at USCIS, mixing up that guy's files with yours.

Did your husband bring copies of his family's passports to the interview? If not, big mistake.

Why didn't he file I-102 to get a new I-94? And communicate with the agency in Mexico that issued the passport, to get a letter confirming it? Does he know when the passport was issued? Does he personally know his own entry date from memory or another reliable source, and does it match the last entry date as shown in the FOIA?

I suggest you get a lawyer ASAP.

 

[Jackolantern]

The officer wouldn't let him bring in his folders with his documenations ...

That is definitely wrong. This fact should help with the appeal.

I'm looking up the US Consulate in Mexico so maybe I can get a copy. I told my lawyer about filing a I-102 but she said that is for a visa not a passport.

I-102 is to get a new I-94, not a passport. Having an I-94 is considered the most important single element of proof of legal entry.

Is there a number I could call for the US Consulate? and I wonder if they will submit any info without my husband physically being there?

Contact the US consulate for what? You mean the consulate that issued the visa, to get his passport number and visa number?

I wonder why he didn't deny it right away or send him back? Is it possible the officer is in doubt?

Because the officer knows your husband is telling the truth, and hasn't yet thought of a solid reason for denial that can pass a supervisory review.

 

[alyon200]

I talk to a lady from the FOIA and we had a good chat from which she took notes and talked to her supervisor. She called me back today to let me know that they were sorry for the mistake and to for me to resimit a I-639 again. I told her time is not on my side and if I should send it directly to her or her supervisor, she told me to fill it out today and she will call me tomorrow with instruction.
I wanted to let the interview know what is happening but their is no number, but one of the legal aide's told me I can get in "INFO PASS" and ask to speak to the director to explain to him what the FOIA rep told me and provide the name and number so he can verify this.
Our lawyer has not been helpful so far and I've left many messages...tomorrow I'm going to march in there demaning that he get an extention or motion to reopen and nortize my I-639. I wish I had know about the I-94 as that would have saved us this headache! I believe it is $360 dollars right? I would need to borrow from family as I also have been pleading my case to immigration lawyers as I can't count on my lawyer right now and know that they will also need to be paid.

That is definitely wrong. This fact should help with the appeal.


I-102 is to get a new I-94, not a passport. Having an I-94 is considered the most important single element of proof of legal entry.


Contact the US consulate for what? You mean the consulate that issued the visa, to get his passport number and visa number?


Because the officer knows your husband is telling the truth, and hasn't yet thought of a solid reason for denial that can pass a supervisory review.

 

[Jackolantern]

I talk to a lady from the FOIA and we had a good chat from which she took notes and talked to her supervisor. She called me back today to let me know that they were sorry for the mistake and to for me to resimit a I-639 again.

Are you sure it was a mistake? You know as a fact that the passport number they gave before is wrong (belongs to somebody else)? Or are you just accepting that it's wrong based on what the hostile interviewer said? Did you compare the passport number as given by the FOIA to see if it is close to his family's passport numbers?

 

[alyon200]

Good point! Let me get the copies from the legal aide and see if it is close...another reason I've been trying to get the lawyer. Hopefully I will have that info by the time the FOIA lady calls me. I wish I could scan and show you a copy of the FOIA and the request to see that we included everything correctly....remember the FOIA lady said "they don't just randomly give out others info or assign info based off just a name".
You know what I thought was weird, is if this other guy is legal and did AOS back in 2004; why would the FIOA only have "flight info" on this guy? The interviewer pulled up all kinds of info based off the passport number. I thought they had to use the same system as the FIOA is part of USCIS. That's scary if that is all they had on this guy!

Are you sure it was a mistake? You know as a fact that the passport number they gave before is wrong (belongs to somebody else)? Or are you just accepting that it's wrong based on what the hostile interviewer said? Did you compare the passport number as given by the FOIA to see if it is close to his family's passport numbers?

 

[Jackolantern]

I'll bet the FOIA people didn't make a mistake. The reality probably is that the interviewer did a 1-minute search based on your husband's name, and some other guy from California came up. Then he didn't take the time to look through other records with the same name to find your husband's records in the system. Your husband's I-94 number and a copy of his visa are probably in the A-file sitting on the officer's desk, but the jackass is too lazy to look through the file to find it.

If he is denied at this time, he will eventually win on appeal when all the information is shown and argued and discovered. But be prepared for what could be a lengthy battle.

A lawyer should have gone with him to the second interview; I'm sure he would have been allowed to carry in the folder with the extra documents if the lawyer was there. If there is a third interview, make sure the lawyer is there.

 

[alyon200]

We got the denial letter today, lawyer said he needed that so he can reopen the case. I was already expecting it but still depressed. We have wasted so much money and time on this, I feel overwhelmed. The letter states that it is $545 to reopen...let's see what the lawyer will do for the money already submitted....or maybe that's it, you pay again and start over again.

I'll bet the FOIA people didn't make a mistake. The reality probably is that the interviewer did a 1-minute search based on your husband's name, and some other guy from California came up. Then he didn't take the time to look through other records with the same name to find your husband's records in the system. Your husband's I-94 number and a copy of his visa are probably in the A-file sitting on the officer's desk, but the jackass is too lazy to look through the file to find it.

If he is denied at this time, he will eventually win on appeal when all the information is shown and argued and discovered. But be prepared for what could be a lengthy battle.

A lawyer should have gone with him to the second interview; I'm sure he would have been allowed to carry in the folder with the extra documents if the lawyer was there. If there is a third interview, make sure the lawyer is there.