OPT Denial and Clerical Error at USCIS : What are my next possible steps?

Asked about 1 year ago - State College, PA

I had sent my OPT application in April 2013, I received an email stating that my application was received by USCIS, but never received the Form I-797 in the mail. After calling a number of times I was told that I should visit my local USCIS office to a request a new letter. On June 11th I was notified my case was denied. After receiving this notice I called a number of times expressing concern about my mail potentially not being delivered and was simply told to "wait until 15 days" as is the policy. June 26th, 15 days after the 11th, after pressing the issue in another call USCIS customer service finally discovered that they had inserted my mailing address incorrectly in their system. By the time I will receive my denial notice (July 6th) it will be too late to reapply.

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree


    Answered . I agree, This is the time of need of competent legal help.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. F. J. Capriotti III

    Contributor Level 20


    Lawyer agrees


    Answered . Hire a lawyer.

    You will probably be able to use the new mailing date for calculating your appeal period.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Sergey Vladimirovich Makarov

    Contributor Level 14

    Answered . This type of situations are regularly resolved through the AILA liaison with USCIS. Contact an AILA member for that matter http://myaila.aila.org/Search/

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