USCIS suddenly cancels scheduled expedited interview

J

joaozinho22

New Member
Dear all,
I have a question which my attorney is not able to answer to, and I decided to ask from the community and possibly experts.
My situation in brief: I've applied for political asylum in early 2015 based on several significant grounds (was prosecuted in home country based on my homosexuality, HIV-positive status, political opposition). Since then I've been waiting for my interview. In more than 4 years I've decided, enough is enough. I've managed to persuade my attorney to apply for expediting hearings based on my medical condition, the request was granted the same day, and I was really excited about it!
Nevertheless, at the moment when I was preparing for the interview, after I asked my employer to provide me the day-off, after the attorney booked flight and hotel in my hometown to accompany me for the interview, 4 days prior the date of interview we've received a notice of cancellation from USCIS - without any reason, all of a sudden. Right now my status on USCIS website is "Interview Is Being Rescheduled" with no certain scheduled date in sight. To say I am hopeless and desperate right now - is to say nothing. I am beyond frustrated and confused.
The question is: is it normal practice for USCIS to cancel asylum interviews without any reason? My attorney called to the asylum office and was denied to get any information due to "security concerns". Is it perfectly valid and legal to do so?
Question #2: I decided to send a petition to local congressman with request to check validity of this sudden, ungrounded cancellation and support my request for expedited asylum. The text was checked by my friend, immigration paralegal. Nevertheless, my attorney has doubts about it - he fears that if congressman is involved and starts asking USCIS unpleasant questions about validity of their actions, my asylum application might be affected. What do you think - should I wait or should I ask the congressman about assistance?
I have no criminal records, been non-stop working during last 4 years, I have a really great job, working for the federal govt, paying big taxes from my salary, contributing into society - and have zero of basic civil rights, I didn't see my parents for almost 5 years due to my inability to leave the country while my application is pending. Please, share your thoughts. Thank you in advance.
 
1. USCIS is staffed by average people. USCIS cancels and reschedules Asylum Interviews all the time. Normally, a case is assigned to a specific officer to handle. Well, what happens when the case officer falls sick, resigns, is transferred? The cases he/she had have to be assigned to a new officers...means all the cases that same officer was handling have to be redistributed, and rescheduled. They work just like any other job. The likelihood of rescheduling increases in cases of expedited interviews/hearings. In your case, I do not see anything unusual in the rescheduling. This is normal, EVEN if you have been waiting for 4+ years.
2. There are very few, more like rare cases, where people ask Congressman/senator to help with scheduling interviews. The normal practice is to ask for help from congressman/senator to force USCIS to finalize a case decision. I do not see you getting help that is useful from congressman. Reaching out to congressman doesn't diminish the merits of your case.

Practical steps to take:

1. If you have not already done it, submit the usual 'case outside normal processing times' report to USICS
2. If you have not already done it, schedule an infopass, show up at the USCIS office near you and equire as to what is going with your case.
3. If you have not already done so, submit a case with USCIS ombudsman.
4. Do the usual stuff...call USCIS and ask to speak to level 2 officer.

Do not spend your money, effort, time, trying to investigate WHY the interview was cancelled. It is a waste of time, that is why your lawyers was told stupid national security stuff. That is a stupid answer.....but then again, when you ask such questions [insert descriptor word here], they give you such weird answers. Good luck.
 
@7of9:
Thanks a lot! You a little bit relieved my anxiety, which was out of control already. I didn't know about these options, was aware only of scheduling an infopass, which probably will be useless unless 60 days limit is over, correct me if I'm wrong... Thank you!
 
7of9 said:
1. USCIS is staffed by average people. USCIS cancels and reschedules Asylum Interviews all the time. Normally, a case is assigned to a specific officer to handle. Well, what happens when the case officer falls sick, resigns, is transferred? The cases he/she had have to be assigned to a new officers...means all the cases that same officer was handling have to be redistributed, and rescheduled. They work just like any other job. The likelihood of rescheduling increases in cases of expedited interviews/hearings. In your case, I do not see anything unusual in the rescheduling. This is normal, EVEN if you have been waiting for 4+ years.
2. There are very few, more like rare cases, where people ask Congressman/senator to help with scheduling interviews. The normal practice is to ask for help from congressman/senator to force USCIS to finalize a case decision. I do not see you getting help that is useful from congressman. Reaching out to congressman doesn't diminish the merits of your case.

Practical steps to take:

1. If you have not already done it, submit the usual 'case outside normal processing times' report to USICS
2. If you have not already done it, schedule an infopass, show up at the USCIS office near you and equire as to what is going with your case.
3. If you have not already done so, submit a case with USCIS ombudsman.
4. Do the usual stuff...call USCIS and ask to speak to level 2 officer.

Do not spend your money, effort, time, trying to investigate WHY the interview was cancelled. It is a waste of time, that is why your lawyers was told stupid national security stuff. That is a stupid answer.....but then again, when you ask such questions [insert descriptor word here], they give you such weird answers. Good luck.
Click to expand...
Thanks! This would help many !!
 
I forgot to include:

5. Re-submit a new expedited interview request, like you did last time.

Note: I have hands-on experience of dealing with asylum in the US for the last 12 years. So, practically, i have observed and learned all the different stuff happening around asylum applications. I'm no lawyer (I took the lsat, but didn't go to law school), but I do use my phd training to analyze USCIS behavior over issues. I'm pretty intimate with everything asylum i suppose. Now, why am I saying this? Well..@jaoozinho22, I have concerns with your lawyers' competence if they don't know a basic issue like: "you don't ask why USCIS cancels interviews.' Maybe my expectations from 'asylum/immigration lawyers' is too high. Inspite of that concern, your chances of approval are better because you have the lawyer(s). That is good.
 
7of9: you've got right about my lawyer, he, as I always say "doesn't know nothing", because every time I ask him about something, he is talking to other people... and after all he has nothing to reply. Never. Sometimes I think I know about the process more than him. As it happened with expediting the case, for example. I insisted on this measure. And he was sitting on my case for FOUR years and didn't know it was possible at all, considering my medical condition. I received affidavits from my doctors every year, with kinda same diagnosis, which was considered by USCIS as enough reason to expedite the interview. So I am indeed planning to ask another lawyer to intervene, or, at least to review all his steps. I am quite sure my case should be good, I have all affidavits and documents, confirming my status, moreover I went through the federal security background check for my job recently, and was cleared by the government, so he should be really an idiot to spoil my case. It's all worrisome for sure, I will pass him your consideration regarding re-applying for expediting my case.
Thanks again! Your advice is really appreciated, I hope all will be well, but too anxious anyway
 
7of9 said:
1. USCIS is staffed by average people. USCIS cancels and reschedules Asylum Interviews all the time. Normally, a case is assigned to a specific officer to handle. Well, what happens when the case officer falls sick, resigns, is transferred? The cases he/she had have to be assigned to a new officers...means all the cases that same officer was handling have to be redistributed, and rescheduled. They work just like any other job. The likelihood of rescheduling increases in cases of expedited interviews/hearings. In your case, I do not see anything unusual in the rescheduling. This is normal, EVEN if you have been waiting for 4+ years.
2. There are very few, more like rare cases, where people ask Congressman/senator to help with scheduling interviews. The normal practice is to ask for help from congressman/senator to force USCIS to finalize a case decision. I do not see you getting help that is useful from congressman. Reaching out to congressman doesn't diminish the merits of your case.

Practical steps to take:

1. If you have not already done it, submit the usual 'case outside normal processing times' report to USICS
2. If you have not already done it, schedule an infopass, show up at the USCIS office near you and equire as to what is going with your case.
3. If you have not already done so, submit a case with USCIS ombudsman.
4. Do the usual stuff...call USCIS and ask to speak to level 2 officer.

Do not spend your money, effort, time, trying to investigate WHY the interview was cancelled. It is a waste of time, that is why your lawyers was told stupid national security stuff. That is a stupid answer.....but then again, when you ask such questions [insert descriptor word here], they give you such weird answers. Good luck.
Click to expand...
I agree with you on all these. Well said and put.
 
7of9 said:
I forgot to include:

5. Re-submit a new expedited interview request, like you did last time.

Note: I have hands-on experience of dealing with asylum in the US for the last 12 years. So, practically, i have observed and learned all the different stuff happening around asylum applications. I'm no lawyer (I took the lsat, but didn't go to law school), but I do use my phd training to analyze USCIS behavior over issues. I'm pretty intimate with everything asylum i suppose. Now, why am I saying this? Well..@jaoozinho22, I have concerns with your lawyers' competence if they don't know a basic issue like: "you don't ask why USCIS cancels interviews.' Maybe my expectations from 'asylum/immigration lawyers' is too high. Inspite of that concern, your chances of approval are better because you have the lawyer(s). That is good.
Click to expand...
Agreed, it worked in my case I reapplied to expedite my application.
 
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