My first OPT expired on Jan 31, 2013. I have sent all the necessary documents on Jan 19,2013 to an USCIS NE PO Box address which was closed. So I got the package back on Jan 27th and I resent the package on Jan 28th to the NE service center. But I am technically supposed to send the application to Phoenix Service center. Also my check was cashed at Phoenix. So I suppose they internally transferred it to the Phoenix center. During this entire process, the application reached them on Feb 6th and so they have denied my OPT extension.
The old addresses are still shown in the USCIS website.
I have applied for the MTR. Can anyone tell me if my case would be an acceptable situation by the officer?
Thanks in advance.
USCIS is proud to live up to the phrase "ignorance of the law is no excuse." It should really be "ignorance of the administrative procedures is no excuse." You can certainly try motion to reconsider and express your frustrations. It may change its decision. However, read the decision. If it indicates that you are now an overstay, then you have a serious situation. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney as soon as possible. Good luck.
This is general information, not legal advice, and does not create an attorney client relationship.
4 lawyers agree
I think a motion to reconsider / reopen will be an exercise in futility under the circumstances.
Need to immediately contact an experienced immigration lawyer in your area to help you further.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Probably not. Sorry.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
12 lawyers agree
It is a correctible situation but you will need to hire an immigration attorney. If fact, had you done so originally your extension would not have been denied.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: firstname.lastname@example.org; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.