We submitted an I-485 and I-130 in November 2002 and it was processed at INS in March 2005.
We moved to a new address in June 2004 and reported the address change to INS by phone.
However, we did not receive any additional mail from INS such as the EAD which we submitted in Oct 2003 (We still have not received it yet).
We made additional calls to INS reporting the change in address 5 more times over the next 2 years.
Finally, we missed an interview on June 23, 2005 because we did not receive the notice. We believe it was sent to our former address.
We received their decision letter on July 1, 2005 which states that they sent us a notice on June 8, 2005 which we also still have not received.
We called the INS Service Center and were then told that by failing to appear at the interview, our case had been denied. And also, we were told for the first time that we were supposed to mail our change of address.
They said that might be the reason we never received the notices.
The decision letter came to the right address 3 days after the postmark, but the other mail we were supposed to receive from them has not arrived.
We would like to file a motion to reopen for this denied case for the reason above - mail sent to the wrong address costing a delay in the delivery of critical notices from INS. We have never received their correspondence in a timely fashion, even prior to moving. We were never informed of the requirement to mail in an address change. We had no chance to appear for our appointment or contact them.
Do we need a lawyer for this motion?
What specific documents do we need to submit?
What's the best way to proceed in this case?
Any information will be helpful.
Thank you.
We moved to a new address in June 2004 and reported the address change to INS by phone.
However, we did not receive any additional mail from INS such as the EAD which we submitted in Oct 2003 (We still have not received it yet).
We made additional calls to INS reporting the change in address 5 more times over the next 2 years.
Finally, we missed an interview on June 23, 2005 because we did not receive the notice. We believe it was sent to our former address.
We received their decision letter on July 1, 2005 which states that they sent us a notice on June 8, 2005 which we also still have not received.
We called the INS Service Center and were then told that by failing to appear at the interview, our case had been denied. And also, we were told for the first time that we were supposed to mail our change of address.
They said that might be the reason we never received the notices.
The decision letter came to the right address 3 days after the postmark, but the other mail we were supposed to receive from them has not arrived.
We would like to file a motion to reopen for this denied case for the reason above - mail sent to the wrong address costing a delay in the delivery of critical notices from INS. We have never received their correspondence in a timely fashion, even prior to moving. We were never informed of the requirement to mail in an address change. We had no chance to appear for our appointment or contact them.
Do we need a lawyer for this motion?
What specific documents do we need to submit?
What's the best way to proceed in this case?
Any information will be helpful.
Thank you.