I need advice or suggestions to help a friend. She is married to US citizen and was called for interview in July 06. Unfortunately, she went prepared for the interview but they were told to go and that they will be reschaduled because the center was busy working on citizenships. In November 06, they received a denial letter indicating that a letter sent to them for interview in Agust 06 and an other one in October were returned returned to sender and for that reason, her applicaton is denied.

My friend has written a letter to them in November explaining that she did not receive those letters and her address remains the same. She has since not heard from immigration.

Any suggestions on a case of this nature? It has been two months since she sent immigration a letter but no reply yet. Will immigration consider the letter and reopen the case? What can she do in this case to get an inview.

She has to file a Motion to Reopen or start agains, a letter will not do it.

quote:

Originally posted by Theone:
She has to file a Motion to Reopen or start agains, a letter will not do it.

Hmm. Isn't a Motion to reopen a time-sensitive request?

Case analysis:

quote:

July '06 interview letter - rcv'd. She went to the interview.

August '06 interview letter - not rcv'd.

September '06 - no letter.

October '06 interview letter - not rcv'd.

November '06 denial letter - rcv'd. Explanation letter sent off.

December '06 - no letter.

January '07 - no letter.

Address always remained the same.

And your friend still trusts the postal service?

This message has been edited. Last edited by: dmartmar,

quote:

Originally posted by yabadaba:
I need advice or suggestions to help a friend. She is married to US citizen and was called for interview in July 06. Unfortunately, she went prepared for the interview but they were told to go and that they will be reschaduled because the center was busy working on citizenships. In November 06, they received a denial letter indicating that a letter sent to them for interview in Agust 06 and an other one in October were returned returned to sender and for that reason, her applicaton is denied.

My friend has written a letter to them in November explaining that she did not receive those letters and her address remains the same. She has since not heard from immigration.

Any suggestions on a case of this nature? It has been two months since she sent immigration a letter but no reply yet. Will immigration consider the letter and reopen the case? What can she do in this case to get an inview.

My wife and I went through this just last year.

Her I-485 application was determined as to have been abandoned due to our failure to appear for an interview, the notice for which we never received. It was determined that the notice had been returned to the sender (USCIS) as undeliverable. It also stated that the decision was not subject to appeals.

At first, I wrote a letter to the immigration officer who signed the notice. After a week, I decided I couldn't wait any longer and started exploring other options. You only have 30 days from the date of the notice to file any appeal or motion to reopen (I believe 33 days if it was delivered by mail).

I contacted my senators office and explained the problem. After another 2 weeks, hearing nothing from my senator's office, we filed the motion to reopen. We also requested a fee waiver, noting the dates and address of notices both prior to and after the undeliverable notice, along with my own statement describing the situation and explaining that there was no change of address, proven by the receipt of the two other notices.

The motion to reopen was approved. We also got a call from my senator's office (finally) and they seemed to be working towards a resolution in our favor, but was unnecessary at that point. So I don't know how that would have turned out if we did that alone.

But the notice was sent November 6? Sounds like it may be too late to file a motion to reopen. Hope it works out.

quote:

My wife and I went through this just last year.

Her I-485 application was determined to have been abandoned due to our failure to appear for an interview, the notice for which we never received. It was determined that the notice had been returned to the sender (USCIS) as undeliverable.

Your case differs from the OP's in that she DID receive an interview letter as evidenced by her appearance at that interview. You never did.

Not only that, but then you got right on it as soon as you rcv'd the denial. The OP on the other hand, didn't.

She preferred sending yet ANOTHER letter from the same address in hopes that something would come out of it, thus her current continued wait. There's a difference between being active and being pasive.

God only helps those that help themselves.

This message has been edited. Last edited by: dmartmar,

quote:

Originally posted by dmartmar:

quote:

My wife and I went through this just last year.

Her I-485 application was determined to have been abandoned due to our failure to appear for an interview, the notice for which we never received. It was determined that the notice had been returned to the sender (USCIS) as undeliverable.

Your case differs from the OP's in that she DID receive an interview letter as evidenced by her appearance at that interview. You never did.

Not only that, but then you got right on it as soon as you rcv'd the denial. The OP on the other hand, didn't.

She preferred sending yet ANOTHER letter from the same address in hopes that something would come out of it, thus her current continued wait. There's a difference between being active and being pasive.

God only helps those that help themselves.

I believe the OP said they appeared for an appointment in July, were directed to return home and a new appointment would be rescheduled. Then two appointment letters in August and October were returned to the sender.

Not the same, but similar to our circumstances. It still sounded like their situation was due to a failure to deliver the letter to the applicant.

But yes, we are talking about something that is time sensitive, and likely they have no opportunity to reopen the case.

Best file a new I-485 and do it before you get a notice of deportation.