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Request for evidence not received. USCIS stating failed update on case - on multiple inquiries until case was denied.

Denver, CO |

I received RFE for I-130 visa in Dec 2012 and sent it to out.
After that there was No case status available nor online neither via 1-800 number.
Request for Additional evidence was sent on May 2013, which I never received.
I called multiple times, each and every time I was being told that the last event on the case was RFE on Dec 2012, they never mentioned the new one.
I have proof that I called multiple times on the status of the case, also I held a few Infopass appts - each time I was being told that case in process, until I started coming to local office every week.
I has handed an envelope with a denial Jan 17th. The decision was made Sep 2013
I was being misinformed since May 2013 on case status
Do I have any recourse? Can case be reopened based on USCIS misinforming me on status?

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Attorney answers 4

Best Answer
Posted

You may be able to get USCIS to reopen this case based on their error. However, they are not going to take your word for it. The ideal situation is where you have a complete copy of what you sent, AND can confirm delivery (this means you used FedEx or UPS, Priority Mail, Express Mail or Certified Mail and got delivery confirmation). Without that, you are probably better off re-filing.

My response to your question is general in nature, as I don't know all of the facts of your case. 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. In addition, my answer does not create an attorney/client relationship.

Asker

Posted

TO clarify - they are listing what they received on the first RFE. I never received the second one. Address change happened in October 2012, I am receiving their letters in the mail but not the new RFE. So I never sent anything on the new RFE, they closed case because of this.

David Norman Simmons

David Norman Simmons

Posted

If it was mis-addressed, try getting them to re-open the case on their own (they can do this) and ask them to re-issue the RFE to your correct address. If it was not mis-addressed, then you can still try, but your chances are not as good.

Asker

Posted

Thank you so much! USCIS reopened the case yesterday when I presented them all the facts and demanded the case to be reopened. Thanks a lot for your taking time to read my question and respond

Posted

I guess you need to hire an immigration attorney and stop dealing with people who misinform you even if they work for USCIS. Short of that only G-d can help.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

Asker

Posted

I am sorry to tell this but if you can't answer - please don't. I was asking about what are the chances of reopening - "Hire an attorney" from level 20 contributor is priceless.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

This is a forum of free information exchange. You post your question. I answer. AVVO does not control your questions. It does not control my answers. You do not like my advice - no problem, continue consulting with USCIS representatives and have a nice day.

Posted

Mr. Segal is correct that you need to hire an immigration attorney badly. This is not a do-it-yourself project and you are getting terrible advice. Look for an immigration attorney here on Avvo with the Find a Lawyer tool

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

Posted

This case is going to be complicated. Depending on your circumstances, it might be quicker and cheaper to re-file rather than fight about the denial. Meet with an immigration attorney before deciding how to proceed.

Please note that this response is for informational purposes only and does not create an attorney-client relationship.

Asker

Posted

In fact it was easy. There was a mistake on their side. Which I understood after analyzing the papers. After I presented them all the facts they revoked the denial and reopened the case yesterday. Thank you anyways. But I don't think you read my

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