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Results 1 to 7 of 7

Thread: Missed AOS interview

  1. #1
    Senior Member
    Join Date
    Oct 2003
    Location
    Raleigh, NC
    Posts
    289
    Hello-

    I would like to know if anybody has experience with this. I know it is extraordinarily coommon because USCIS commonly does not properly update its records when a change of address is sent.

    A friend went in person to the Support center in our state to file for change of address, and she signed the forms they gave her, and they sent them off to Texas. Later (July 2003) wehn she renewed her work permit (under rule of pending AOS app.), Texas sent her a letter that they no longer had jurisdiction over the case becasue it had been transferred to her new local office. Then in January of this year she received her AOS appointment letter for 3 weeks later, *in texas*. Now I expect that if she had gone to Texas theyt would have seid they couldn't handle the case because they no longer had jurisdiction. SHe went to the local office, and they told her they could do nothing becasue she did not have an appointment there. Then she received a denial letter, with no appeal, saying that they deemed the case abandoned by her non-attendance. This after waiting 12 years for her interview. Likewise her work permit will be invalid wothin the week as a result.

    Does anybody have any success stories about a motion to reopen such a case?

    I know another person who always filed the appropriate change of address f0orms, and has just earned that he missed his interview back in 2001.

    Any advice or similar experience?
    I also know

  2. #2
    Senior Member
    Join Date
    Oct 2003
    Location
    Raleigh, NC
    Posts
    289
    Hello-

    I would like to know if anybody has experience with this. I know it is extraordinarily coommon because USCIS commonly does not properly update its records when a change of address is sent.

    A friend went in person to the Support center in our state to file for change of address, and she signed the forms they gave her, and they sent them off to Texas. Later (July 2003) wehn she renewed her work permit (under rule of pending AOS app.), Texas sent her a letter that they no longer had jurisdiction over the case becasue it had been transferred to her new local office. Then in January of this year she received her AOS appointment letter for 3 weeks later, *in texas*. Now I expect that if she had gone to Texas theyt would have seid they couldn't handle the case because they no longer had jurisdiction. SHe went to the local office, and they told her they could do nothing becasue she did not have an appointment there. Then she received a denial letter, with no appeal, saying that they deemed the case abandoned by her non-attendance. This after waiting 12 years for her interview. Likewise her work permit will be invalid wothin the week as a result.

    Does anybody have any success stories about a motion to reopen such a case?

    I know another person who always filed the appropriate change of address f0orms, and has just earned that he missed his interview back in 2001.

    Any advice or similar experience?
    I also know

  3. #3
    The Address change form is a waste of time, I swear they don't even process that if just sent directly to TSC. A word of advice, call the 1-800 number and ask for IIO so they can update the information as well as forwarding it to the service center, then send the Address change form with certified letter, so you have proof that the Service Center did receives it.

    Now for your friend's case, I'm a bit confused (well amazed is more like it_. You said after receiving the appt letter, she went to the local USCIS office and they said they don't have jurisdiction, but the appointment letter comes from TSC, why on earth didn't she double check with TSC afterward? After a 12yr wait, I'll expect they'll be extra careful on this.

    I don't know if you can file an appeal if the appointment letter clearly indicates the interview is at TSC, and she simply missed it all together. IIO has been known to give misleading information, but I don't know if that is enough for a ground of appeal (especially if there're no proof that it ever happened)

  4. #4
    write to your local congressmen and they will help you out. state everything in a letter and send it to them. call up and ask wich case worker deals with INS.
    It will be best thing for you.
    please give it a try.

  5. #5
    Senior Member
    Join Date
    Oct 2003
    Location
    Raleigh, NC
    Posts
    289
    Thank you both for your help. I actually had not htought about asking a Congressperson for help. I will definitely pursue that option. Meanwhile I have sent a letter as a motion to reopen/reconsider along with the letter they sent saying that Texas no longer had jurisdiction that proves that the change of address was timely. Thank you again.

    I had expected that this situation would have occurred to a lot of people, but I haven't found any past posts on this issue in this forum.

  6. #6
    YOU sent the letter? Shouldn't the letter have come from YOUR "friend". I would get a good attorney if I were you. INS can destroy your life if you don't know what you are doing.

  7. #7
    Senior Member
    Join Date
    Oct 2003
    Location
    Raleigh, NC
    Posts
    289
    Thank you, Remi, for your concern. I did give her the phone numbers of several good immigration attorneys and encouraged her to use them to fight, but she just doesn't hgave the money. To be specific: I wrote the letter, and then told her to sign it in front of a notary (so that it could serve as a sworn affidavit), and send it directly to the office that made the decision along with $110. fee for Motion to Reopen. Technically, then, I did not *send* it.

    I know what the process is, but I was hoping there were some viewers out there that had some more experiences to share about *results*.

    Again- I will pursue the Congressman route, as well.

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