Hi again all, hope this message finds you safe and well. Thanks to all of you who helped me out with my last post, as some of you may remember i was about to contact my state representative. Did that and they did a great job of filing an inquest. USCIS sent me a letter within two weeks, unfortunately they are sticking to their guns and i just seem to be poking a bee hive with a stick.
Anyway here is my dilemma: When my I-485 was denied in Jan '07 i sent in a motion to reopen. I feel a bit stupid for listening to two of their phone line reprasentatives who advised me that i did not need to enclose a fee, a cover letter and additional info was all that was needed. USCIS are now saying that because the fee was not included the motion was discarded. I think i heard somewhere their phone line representatives can not be held responsible for inaccurate info but i'm wondering if USCIS are responsible for how they have handled my case.
They did not contact me regarding my motion to reopen being discarded, they had my case as pending on their website untill last November and when i inquired about the delay i had a letter stating the motion was unable to be located. Only now that i had the state rep contact them did i get a straight answer.
Anybody have any suggestions about what i can do? Going to file another inquest through the state rep but i fear i'm not going to get far.
Just wanted to say sorry you are going through yet more problems with USCIS
There are a few on here who know about this kind of thing, so someone will have some suggestions. It's one thing after another isn't it! grrr
Hope you get it sorted soon, take care
-------------------------------------------------------------------------------------------- God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too Mr S.U.
I am by no means an expert, but it appears from what I'm reading that unless there are special circumstances as to why your I-485 was rejected (USCIS error, some sort of hardship, etc), you should have filed with the fee.
The fact they kept it on the website means that they're morons, but anyone who has ever dealt with them can tell you that.
Sounds like you need to try again - this time with the fee. I would be inclined to consult an attorney just to make sure that the case that was listed wouldn't interfere with a new motion to reopen, however.
-------------------- "I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. " - Thomas Jefferson
Posts: 775 | Location: Las Vegas | Registered: 05-16-2008
Hi again sprintgirl, do you ever sleep Yes very grr, would have added a smiley pulling it's hair out to the previous message if there was one. Thanks for the quick response jermcool, yeah should have applied with fee, dont know why they were insistent that i didn't. Morons is probably quite accurate. Bit concerned they wont accept a new motion due to the time passed since the last one was submitted.
Originally posted by bonsaifall: Hi again sprintgirl, do you ever sleep Yes very grr, would have added a smiley pulling it's hair out to the previous message if there was one. Thanks for the quick response jermcool, yeah should have applied with fee, dont know why they were insistent that i didn't. Morons is probably quite accurate. Bit concerned they wont accept a new motion due to the time passed since the last one was submitted.
No, not really lol Sorry to hear that Bonsai Keep trying though, don't give up.
-------------------------------------------------------------------------------------------- God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too Mr S.U.
Originally posted by JermCool: I am by no means an expert, but it appears from what I'm reading that unless there are special circumstances as to why your I-485 was rejected (USCIS error, some sort of hardship, etc), you should have filed with the fee.
The fact they kept it on the website means that they're morons, but anyone who has ever dealt with them can tell you that.
Sounds like you need to try again - this time with the fee. I would be inclined to consult an attorney just to make sure that the case that was listed wouldn't interfere with a new motion to reopen, however.
One can waive the fee for based on financial critera, has to be 175% of the poverty line. However, it should have no bearing on the case being denied or accepted. If in fact USCIS said you must pay a fee, they send the entire petition back and have you refile with the fee.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
Originally posted by bonsaifall: Hi again all, hope this message finds you safe and well. Thanks to all of you who helped me out with my last post, as some of you may remember i was about to contact my state representative. Did that and they did a great job of filing an inquest. USCIS sent me a letter within two weeks, unfortunately they are sticking to their guns and i just seem to be poking a bee hive with a stick.
Anyway here is my dilemma: When my I-485 was denied in Jan '07 i sent in a motion to reopen. I feel a bit stupid for listening to two of their phone line reprasentatives who advised me that i did not need to enclose a fee, a cover letter and additional info was all that was needed. USCIS are now saying that because the fee was not included the motion was discarded. I think i heard somewhere their phone line representatives can not be held responsible for inaccurate info but i'm wondering if USCIS are responsible for how they have handled my case.
They did not contact me regarding my motion to reopen being discarded, they had my case as pending on their website untill last November and when i inquired about the delay i had a letter stating the motion was unable to be located. Only now that i had the state rep contact them did i get a straight answer.
Anybody have any suggestions about what i can do? Going to file another inquest through the state rep but i fear i'm not going to get far.
Well, this is typical, USCIS losing another petition, motion, etc. Sorry to hear about this.
I have a question, what was the reason in the letter that USCIS denied the petition? Your post mentions nothing specific except that it was denied. It would be most appreciated.
USCIS customer service is like a **** shoot. I do not recommend talking to them at all. If you need questions, the best thing is Infopass and they can view the information and are generally better than on the phone.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
Hi hudson. The original I-485 was denied due to an error on my part (questionable), they say i didn't file complete financial info for the petitioner. (Form I-864, although we did and also filed form I-864A for my mother in law).
Didn't fully understand your first post, are you saying that if no fee is sent with the motion to reopen they are legally required to return it ?
Originally posted by bonsaifall: Hi hudson. The original I-485 was denied due to an error on my part (questionable), they say i didn't file complete financial info for the petitioner. (Form I-864, although we did and also filed form I-864A for my mother in law).
Didn't fully understand your first post, are you saying that if no fee is sent with the motion to reopen they are legally required to return it ?
Yes, at least from my experience.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
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