I-751 Denied for Stupid Reason

[aa3n]

My wife filed an I-751 to remove the condition on her 2-year green card. However, USCIS mailed the biometric appointment notice almost 1 month after the actual appointment date listed on the notice.

She did not write a letter to the local Application Support Center (ASC) or to USCIS to schedule another biometric appointment date.

Instead, she visited the local USCIS field office and called the NCSC telephone number and they told her that another biometric appointment notice with a valid appointment date (i.e. a date that occurs in the future and not in the past) will be mailed to her.

Shockingly, instead of receiving a new appointment date, she received a notice from USCIS saying that her I-751 application was denied and that she no longer has the right to live and work in the US because she failed to appear for the biometric capture.

I don't see how USCIS can deny her I-751 application because the only way she could have appeared for her biometric appointment is if she had used a time machine to travel back in time.

Now, she has filed an I-290B to motion to reopen the case and appeal the denial.

Will her I-290B be rejected because she did not write to USCIS to reschedule her biometric appointment date? I think this is the only reason USCIS can use to reject her appeal.

If the appeal (I-290B) is rejected will she be deported?

If the appeal is rejected, what can she do to receive her green card?

I am a US citizen. We have been happily married for almost 4 years and she has been in the US for almost 3 years.

Thanks.

[aa3n]

My wife filed an I-751 to remove the condition on her 2-year green card. However, USCIS mailed the biometric appointment notice almost 1 month after the actual appointment date listed on the notice.

She did not write a letter to the local Application Support Center (ASC) or to USCIS to schedule another biometric appointment date.

Instead, she visited the local USCIS field office and called the NCSC telephone number and they told her that another biometric appointment notice with a valid appointment date (i.e. a date that occurs in the future and not in the past) will be mailed to her.

Shockingly, instead of receiving a new appointment date, she received a notice from USCIS saying that her I-751 application was denied and that she no longer has the right to live and work in the US because she failed to appear for the biometric capture.

I don't see how USCIS can deny her I-751 application because the only way she could have appeared for her biometric appointment is if she had used a time machine to travel back in time.

Now, she has filed an I-290B to motion to reopen the case and appeal the denial.

Will her I-290B be rejected because she did not write to USCIS to reschedule her biometric appointment date? I think this is the only reason USCIS can use to reject her appeal.

If the appeal (I-290B) is rejected will she be deported?

If the appeal is rejected, what can she do to receive her green card?

I am a US citizen. We have been happily married for almost 4 years and she has been in the US for almost 3 years.

Thanks.

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aa3n: the only way she could have appeared for her biometric appointment is if she had used a time machine to travel back in time.
. </div></BLOCKQUOTE>

Why did she not do this? Save much trouble !!

[federale86]

You need to take the original letter and envelope to your local USCIS office and ask to see the Field Office Director and explain your situation.

[aa3n]

We have the orginal appointment notice and the envelope with the postmark showing that the notice was mailed after the appointment date. My wife submitted a copy of this along with her I-290B appeal application form.

We visited our local USCIS field office twice, but did not ask to see the Field Office Director. We'll schedule an infopass appointment and then ask to see him/her.

Thanks to all for your advice.

We'll keep you posted.

Go back in time with time machine ; this only way to fix. follow instructions of mighty USCIS services !

[aa3n]

After filing the I-290B on October 15, we received the application receipt notice on October 22.

We decided to wait a couple of weeks before visiting the local USCIS field office to check on the case status and explain the situation to the Field Office Director.

On November 12, we received a biometrics appointment notice for an appointment on November 19.

The fingerprints and picture were taken yesterday (Nov. 19).

Given that the USCIS did not reinstate her permanent resident status, we will remain concerned until she actually receives her 10-year green card.

Does anyone know how long it takes to receive the green card after the biometrics capture (fingerprints and picture)?

Thanks.

[aa3n]

Received 10-year Green Card on December 4. Thank you all for your advice.

[ProudUSC]

Congratulations, aa3n!!! It's nice to hear good news.

[Tak]

aan3:

[Tkgirl88]

I did read somewhere that they do tend to approve most of the appeals in this case. As apposed to other types of appeals.

I am glad it worked out for you..! You made my heart skip a beat there for a second. I have to do this next June 2010.