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Immigration Issues/i130 i485 denied USCIS error

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Hi! I am new here and really hoping to get some advice!

Background first: My wife (US citizen) and I (UK citizen) married August 2012 while I was here on visa waiver (after a whirlwind transatlantic romance!). We soon after filed i130, i485 etc, and all was going well: biometrics appointment, EAD and AP granted and so on. On December 20, 2012 we received notice (dated December 12, 2012) to appear for interview on January 17, 2013. My wife had to go to Utah for work on that date, so I telephoned to find out if it was possible to reschedule the interview. This call was on December 20, 2012. Soon after, we received a letter, dated December 26, 2012, which stated: "We have received and granted your request to reschedule your appointment date. You will receive a notice within 3 to 6 weeks informing you of your new appointment."

Our next correspondence came the other day, with each of us receiving a denial notice (dated March 1, 2013) for the i130 and i485 respectively. The i-130 denial notice explicitly states our failure to appear for the January 17 interview as the reason for denial. As we have a letter stating that our request to reschedule the interview has been "granted", surely these denials are based on an administrative error. However, both letters also state that there is no way to appeal the decision. It is also my understanding that a motion to reopen is only appropriate when there is new evidence to consider, which is not really the case.

I am not sure how best to deal with this. Hiring a lawyer, filing a motion to reopen or completely refiling all cost money that we don't have, especially as we are in this situation through no fault of our own. But, of course, we just want to do whatever it takes to get this sorted out. What really worries me is the business of now being here illegally and possibly having to leave the country. I don't want to be away from my wife, nor my career. I don't want to overstay, no do I want to leave and risk not being allowed back in!

So far we have both telephoned USCIS, my wife managed to get them put in a Service Request, whatever that means. We have also both written, enclosing copies of the letter confirming the rescheduling. I have also made an infopass appointment for Monday. However, my initial impression is that just because they have made a mistake, doesn't mean they're going put it right.

We would both really appreciate ANY good advice on how to proceed. Thank you very much!

Answer
Dear Dominic:
Firstly, sorry to hear about your situation; however, as per information provided by you it seems that you may file a motion to reopen the case based on the request you made and the letter you received granting your request.  

I am hopeful that your case will be re-opened. However, I would recommend that you hire an immigration attorney to pursue the matter properly without any problems.  You may, send your documents to us and we will be more than happy to assist you in filing the motion.

Best wishes,  

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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