Announcement

**Lonely in USA** · 12-27-2003, 08:29 AM

Hi, I'm posting this on behalf of a friend of mine who just found out this terrible news. Can any of you fine people help him out with some advice? Thankyou SO much!
Lonely in USA

Hi all,

Let me start by saying any and all answers to my question will be
welcomed.

I've been waiting for close to 2 years now for a my AOS interview.
Last time I calle INS, they told me 2 years was the average waiting
time for office I'm dealing with so I didn't question it.

Recently, while cleaning out the house for xmas, an appointment
letter was found for the AOS>. It had been placed by someone other
than myself or my wife, in a location where it could not possibly be
seen by us. So as it turns out my interview was scheduled for
September of 2002. Of course I just about freaked out when I found
letter, since I know how important it is.

My question, is how should I handle this situation now? I've never
gotten a follow up letter from INS saying I missed my appointment or
saying anything else for that matter. Since the day that the
appointment was to have happened, I've actually been into the office
to renew my EAD, nothing was said then either.

I will likely have to go to office in person in the next few weeks to
find out what's happening with my current EAD renewal(I received
receipt for monies sent but no appointment letter yet). Should I
bring up this matter at that time, or wait until I've handled the EAD
then bring it up? Some people I've spoken with think I should play
ignorant. In other words act like I never got letter (which is
technically true I suppose) since it wasn't sent registered mail or
any such thing.

ANyway, what do you all think?? All I know for sure is this bites
real bad!

**Mrs. lonely heart** · 12-27-2003, 11:42 AM

Lonely,

I'm writing to say that I went through a similar problem and I understand how though that situation is.
I applied for AOS through an immigration assistant office and I believe they were negligent about the mail they received from BCIS.
They kept on telling me that I shouldn't wait for my GC interview before January/2004. To my surprise, 1 and 1/2 days before the scheduled interview they called from their office to let me know that I should stop at their office to pick up my appointment letter.
They alleged they had just got it in the mail. Strangly, the date on the letter was of two weeks before??!!
At that point, there was not much I could do about that, so I rushed and tried to get my medical exams done to the interview day, but I couldn't make it.
To make the story short, I went to the interview, regardless of the exams.
During the interview, the officer asked for the required exams and then I told her that I couldn't make it for the interview day because I had got the appointment letter just the day before.
She showed some disbelief, but did not stick to the point.
In summary, because of the negligence of others, I did not get my passport stamped that day. I'll have to wait for my GC through mail.
Fortunately, things turned out ok for me, but I still have this question in my mind: who should be accountable responsible for problems like that? What should I have done if I missed the GC interview?

Lonely,I wish I could help you, but I don't think I'm elegible to give you any legal advice on the matter. There are really nice people on this forum who can help you, Sammy, for instance.

Keep a positive atittude and look for help.
I'll pray for you!

**josephine schmo** · 12-27-2003, 12:21 PM

When hubby got his Green Card in the mail, I almost threw it out as junk mail.

All it had for a return address was the street address and St. Albens, VT. Luckily, the Vermont address caught my attention, as we had a letter from Dept of Justice (Immigration) in the same batch of mail saying hubby would have GC in about three weeks. I squeezed the envelope and felt the card in side.

Bank ATM cards are also sent this way. I have thrown them out thinking they were junk mail. I think they do this purposely, so the card doesn't get stolen from the mailbox.

I wonder how many people have thrown out their Green Cards thinking it was junk mail?

**Lonely in USA** · 12-28-2003, 07:46 AM

Wow, close call girls! Ok, I think his main concern is that he could be deported for not showing up for the interview. Officially, he's here illegally, right? Or no, because he has a current EAD? Geeze, this is all so confusing. I really feel for him and his wife, they're in such disbelief! Thanks for your responses. I AM hoping Sammy comes to their rescue

**aceIaw** · 12-28-2003, 01:37 PM

You should immediatly look into re-opening case. The EAD (work permit) is of uttermost nonsense when you don't fix the status first. Not showing up for an interview is giving BCIS the right to administratively close all petitions on behalf of the alien and BCIS does not have the obligation to do follow up checks or give second appointments. The alien must credibly prove why he or she missed the appointment AND must still be eligable for the original petition! With the now exception of removal orders, BCIS does not have to prove that an actual appointment letter was sent.

Just ignoring (I believe I heard you say I'll check on my EAD in the next few WEEKS???), you're just adding more unlawfull presence which is just making it more difficult to aos.
Having a work permit doesn't mean that you're in any legal status! It only means that you're allowed to pay taxes!

**olp** · 12-28-2003, 03:06 PM

Lonely in USA,
In a few months, you should receive a certified letter from BCIS stating that your form I-485 is denied due to failure to respond to a request for appearance - Title 8 of the Code of Federal regulation, Part 103.2(b)(13). The letter will also state that you are granted to depart from the USA voluntarily without the institution of proceedings to enforce your departure.

You may wait for this letter to arrive
OR
you may write a letter to BCIS explaining your suituation and request for a new interview day. It will be advisable (best) for your wife to hand deliver this to BCIS.

**Lonely in USA** · 12-28-2003, 04:06 PM

Ok, I'll pass on this info. Thanks for your help. I will call a lawyer on his behalf tomorrow, to verify the information is accurate. I sure hope deportation won't be the outcome of the mixup. That would be awful!

**4now** · 12-28-2003, 04:23 PM

Hi

Did your friend mean to say letter dated for interview Sept 2003 instead of Sept 2002??

Im having hard time believing that they were not notified of denial from over a year ago and not asked to leave the country!!!!!! It makes sense thatit must be Sept 2003 b/c they have not heard anything yet on denial. Yes it is true, the application will be considered abandoned and the alien will go out of status and be asked to leave and if not go into removal proceedings. Please contact attorney ASAP before USCIS issues denial of AOs. Each day you wait... the expense of attorney will go up in cost . Try to nip this before denial is issued. Keep us posted.

**Kudris** · 12-28-2003, 06:54 PM

It is well possible that the appointment was set for sept. 2002 and no notice of denial for at least a year. That increases the inadmissiability to a 10-year barr! It opens up a whole new can of worms to be swallowed now; is the wife still sponsoring the alien? Perhaps the marriage fell apart already, a waiver must now be obtained etc. etc. Get a good attorney and act fast!

**Lonely in USA** · 12-28-2003, 08:44 PM

The couple is absolutely still together. There was no followup letter...and...when he called about the appointment date last year, they said it would take approx 2 years for it. There was no reason he would have even THOUGHT that the letter had been mailed! Also, after applying for and receiving another EAD, who would've guessed that the AOS appt was missed? No one questioned his status when he was applying...isn't that strange? Most of us are amateurs when it comes to immigration situations, we learn as we go. You're saying that missing the AOS appointment is called "a denial"? I'm hoping for their sake that they will allow him to reschedule after he explains the situation. And, yes, it really is Sept 2002...***mer.

**SAMMY** · 12-29-2003, 08:56 PM

Lonely in USA:

Dear, acelaw has already given the right and exact advise here in your friend's situation and I believe your friend should follow to it immediately without any further delay. I just want to add little bit more here into it - The reason why INS did not tell your friend about any interview when he went to renew his EAD, because EAD is issued by a section different than AOS section. The people, who issue EAD cannot see the whole file except basic information with whether AOS is still pending or not, that is. They don't know whether or not an interview is set up on AOS. Now, when he already has applied for renewal of his EAD, he must be receiving an appointment letter to come for interview on renewing the EAD. So if they will renew his EAD again this time then it means that his case is still pending and open, but if they will refuse then he will be told that they cannot renew his EAD anymore because he case AOS case has already been denied, because of abandonment of AOS for non-appearance. Then, he should move quickly without any further delay to reopen his case. I think he has very good defense, because he has a point that why he will be kept renewing his EAD if he had the intention to willfully abandon his application for adjustment of status. Good Luck. Here is the post of acelaw:

"You should immediately look into re-opening case. The EAD (work permit) is of uttermost nonsense when you don't fix the status first. Not showing up for an interview is giving BCIS the right to administratively close all petitions on behalf of the alien and BCIS does not have the obligation to do follow up checks or give second appointments. The alien must credibly prove why he or she missed the appointment AND must still be eligible for the original petition! With the now exception of removal orders, BCIS does not have to prove that an actual appointment letter was sent.

Just ignoring (I believe I heard you say I'll check on my EAD in the next few WEEKS???), you're just adding more unlawful presence, which is just making it more difficult to aos.
Having a work permit doesn't mean that you're in any legal status! It only means that you're allowed to pay taxes!"

**Lonely in USA** · 12-29-2003, 11:05 PM

Sammy, you're a gem...you too acelaw

I called the 800 hotline today, just to follow up...my lawyer friend was on vacation until next week. The USCIS woman told me the exact same thing you just said. So far, there's no denial letter but she said to HURRY up and call to reschedule his AOS appt!! I'm curious, how do you "reopen" a case? Applying for AOS all over again? I'm no where near this stage with my fiance, so I've never even looked into this before.
Still waiting to hear about our waiver...zzzzzzzz

**Lonely in USA** · 01-02-2004, 04:39 AM

UPDATE: My friend and his wife are going to the immigration office on Monday to get the EAD and reschedule the AOS appt. They're bringing a letter requesting the new appt and not leaving until they get a receipt or an appointment or some kind of acknowledgement that he'll be ok.
Keeping my fingers crossed for them

Announcement

Missed GC Appointment!! Letter was missing!

Missed GC Appointment!! Letter was missing!

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