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

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


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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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.

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This type of situations are regularly resolved through the AILA liaison with USCIS. Contact an AILA member for that matter

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