I-730/derivative asylum cases denied due to missed appointments (specifically Tibetan

[NYC5244]

Hello everyone,

I am looking into an issue and I was wondering if you might be able to help me...

Does anyone know anything about potential derivative asylees having their cases denied due to missing appointments? I believe that in China, for example, it has become a problem for many Tibetans to make it to the consulate in order to sign documents/gain their derivative asylee status due to difficulty traveling across borders, and if they fail to show up, many times their case is denied. Has any heard anything about this? Any information you have would be greatly appreciated.

Thanks.

[NYC5244]

Hello everyone,

I am looking into an issue and I was wondering if you might be able to help me...

Does anyone know anything about potential derivative asylees having their cases denied due to missing appointments? I believe that in China, for example, it has become a problem for many Tibetans to make it to the consulate in order to sign documents/gain their derivative asylee status due to difficulty traveling across borders, and if they fail to show up, many times their case is denied. Has any heard anything about this? Any information you have would be greatly appreciated.

Thanks.

[federale86]

If anyone misses their appointment then they are denied,not just Tibetans.

[NYC5244]

No, I understand that, I was just using that as an example. But I guess my question is just, when a spouse or child has to go to the consulate, they are given a specific date and time in which to do so? Or they can go any time?

[Aroha]

They are given an appointment. If they can't make it, they can contact the Consulate (in advance) and make other arrangements.

[NYC5244]

Thanks very much. Do you know if this rule is written anywhere? I have done some research online but haven't found it.

[Aroha]

I have no idea, NYC. I do know that you are not allowed entry in to an Embassy or Consulate without an appointment and that they tightened up on that after 9/11.

I can tell you that when we went for our interview at the Consulate, we had to provide our interview letter (which they verified by phone) before we were allowed in.

[NYC5244]

If you don't mind my asking, what country were you in?

I'm just wondering why missing an appointment (especially in circumstances where traveling to the consulate is very difficult) would lead to the entire case being denied, without an option to make another appointment. I mean, whether or not the family members show up shouldn't have to do with whether or not the derivative asylee status is ultimately granted, right?

[Aroha]

It was New Zealand for me, NYC. I got on a plane at 4am in the morning and spent 8 hours in transit to make it, along with my teenage sons (who were getting derivative status).

The thing is that they must interview every intending immigrant (derivative or otherwise) over the age of 14. So yes, failing to appear for the interview has a huge effect - just like not responding to an RFE or other requested paperwork in a timely manner can result in the USCIS considering the case as abandoned.

Again, they need to let the Consulate know well in advance if they're unable to make the scheduled appointment time so other arrangements can be made. It's easy for the Consulate to work with them to find a time that would be suitable. Not so easy to deal with the consequences after simply not showing up.

[NYC5244]

Thanks. So just to clarify, once the case is denied or dismissed, the potential derivative asylees who missed their appointment are NEVER able to gain derivative asylee status?

[Aroha]

I'm not actually 100% certain on that one, NYC. You'd need to look in to whether or not it's possible to reopen the original file.

[Brit4064]

Try a Motion To Reopen quick.

[jrv6]

NYC, your initial question surrounds a problem I have been confronting often. Do you have clients that are being denied because they cannot make it to the interview, or is this just something you are interested in?