VSC I-485 denied, Pls help

P

priyagc

Registered Users (C)
My I-485 was denied because of failure to attend Fingerprinting for the 2nd time. Also, I never received the 2nd FP notice.

I was outside the country for a couple months when I could have received the FP notice.

Don't know under what condition/grounds can I file MTR ? Any lawyers or experts that can guide me here .

Will I have a valid case and what are my options ?


Pls help.


FYI, I openned a similar thread in I-485 General section.
 
Hello priyagc,

I had a similar situation last year. My I-485 was denied ' abandonment for not appearing for FP'.

The only difference b/w us was that I had received the FP notices, but I tried to request reschedule of the FP dates multiple times and had made written communications to VSC and Application Service Center requesting FP reschedule to a future date.

When I received the denial notice , I filed a motion to reopen ( I-290A) with proof of all the communication I had made and my case was reinstated. For almost a year , there were no status changes/ communications. And then in Sep '05, I requested an address change and out of the blue, here comes another denial letter stating 'abadndonment for No FP'. I contacted VSC thru congressional liason and they reviewed the MTR docs , reinstated the case reversing their prior decision and sent me a new FP notice. Did the FP in Dec '05 and has been in the queue since then.

Hope this helps.. I'd suggest that though the denial letter might say that this case not be appealed as it's denied due to abandonment, go head and file an MTR. If you do not have any proofs , make a sworn affidavit before a notary that you never received the FP notice and include that along with the MTR.

Good Luck !

-solicit
 
Do you have a template for filling a sworn statement and also what else doc's need to filled.

thanks.
 
Priyagc,

My case is also similar case, I-485 was denied ' abandonment for not appearing for FP'., We (Wife and myself) never received any FP notices.

We filed MTR and the cases were reopened, however, My atty. received another notice (2nd time) of denial after MTR was filed stating " I 485 denied, abandoned for not appearing for FP' & this time it is not even appealable.

My atty. contacted the Congression liason at VSC like Solicit, after reviewing they reinstated the case reversing their prior decision and sent me (not for my wife) a new FP notice.

We (wife & me) went to the ASC for FP in March 06, and requested for my wife and they allowed her to do it.

You may want to check with local ASC (walk-in).. they may allow that too. But first of all, you may want to file MTR with all the documentation (all communications done by you or your attorney with VSC, National Service Center etc., Senators, Congressman etc). This will make the case very strong.

Hope this helps.. Don't panic, File for MTR with all the documenation (all the emails also helps) or make a sworn affidavit before a notary that you never received the FP notice and include that along with the MTR. (as Solicit recomended). I did the same. Make sure check with your attorney to follow-up closely. Don't give up..
 
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