USCIS screwed me up twice.

[gusdlsrb]

Hi,

I need a help on my case.
I married with US citizen and received conditional green card. Then, to remove the condition, I filed I751.
About 10 months later, I received the denial letter written that I did not respond to RFE so that my case is closed.
I NEVER RECEIVED RFE!! So I filed I290B motion to reopen with a lawyer.
The filing due date was March 3, and my file was delivered on Feb 30. (USPS tracking proves this)
However, 3 months later, my file is denied because I did not file it on time. WHAT!!?
On their system, my case was delivered on March 10. HOW THIS POSSIBLE?
My lawyer said that this is just sooo unlucky and I have to wait for the deportation process and appeal my case at the immigration court.
They screwed me up twice. I am not undocumented and cant do anything here.
Is there anyone who has an experience like me? I really need help.
Thank you for reading.

[TarCas]

Which visa did you enter USA with?

[rayb]

For starters, your file could not have been delivered on Feb 30, as Feb only had 29 days in 2016 (but 28 days in 2015).

If I play "Devil's Advocate," I am tempted to suggest the following:
1. Perhaps you did receive the RFE and ignored it. If that is not the case, why weren't you checking the online USCIS status page, especially since you had been waiting 10 months when you received the denial?
2. If the attorney took charge of your "Motion to Reopen," and sent it within a few days of your allowable "Reopen" period expiring, you spent a tidy amount of money to try and fix ths problem (attorney fee, Motion to Reopen, probably a minimum of $1,500), the attorney bears some responsibility for not attempting to complain about the package taking more than 3 days to be logged in. That being the case, he owes you more than a "sorry."

Otherwise, I believe the attorney is right, that you have no choice but to wait for a Deportation order, which will give you the option to go to Immigration Court to state your case (an easy $1,000 in attorney fees).

--Ray B

Hi,

I need a help on my case.
I married with US citizen and received conditional green card. Then, to remove the condition, I filed I751.
About 10 months later, I received the denial letter written that I did not respond to RFE so that my case is closed.
I NEVER RECEIVED RFE!! So I filed I290B motion to reopen with a lawyer.
The filing due date was March 3, and my file was delivered on Feb 30. (USPS tracking proves this)
However, 3 months later, my file is denied because I did not file it on time. WHAT!!?
On their system, my case was delivered on March 10. HOW THIS POSSIBLE?
My lawyer said that this is just sooo unlucky and I have to wait for the deportation process and appeal my case at the immigration court.
They screwed me up twice. I am not undocumented and cant do anything here.
Is there anyone who has an experience like me? I really need help.
Thank you for reading.

[iuy87]

For starters, your file could not have been delivered on Feb 30, as Feb only had 29 days in 2016 (but 28 days in 2015).

If I play "Devil's Advocate," I am tempted to suggest the following:
1. Perhaps you did receive the RFE and ignored it. If that is not the case, why weren't you checking the online USCIS status page, especially since you had been waiting 10 months when you received the denial?
2. If the attorney took charge of your "Motion to Reopen," and sent it within a few days of your allowable "Reopen" period expiring, you spent a tidy amount of money to try and fix ths problem (attorney fee, Motion to Reopen, probably a minimum of $1,500), the attorney bears some responsibility for not attempting to complain about the package taking more than 3 days to be logged in. That being the case, he owes you more than a "sorry."

Otherwise, I believe the attorney is right, that you have no choice but to wait for a Deportation order, which will give you the option to go to Immigration Court to state your case (an easy $1,000 in attorney fees).

--Ray B

i suggest u fire that lawyer and hire a competent lawyer. if u told the lawyer all the details why did he/she even bother to reopen the case. how can u prove that u didn't receive the RFE?

good luck

[gusdlsrb]

i suggest u fire that lawyer and hire a competent lawyer. if u told the lawyer all the details why did he/she even bother to reopen the case. how can u prove that u didn't receive the RFE?

good luck

Thank you for replay.
I received all letters from USCIS (recipe, denial letters, biometrics etc.) but only did not receive RFE. that's why I filed I290B to reopen and it was denied again because of their fault. so frustrating.

[gusdlsrb]

For starters, your file could not have been delivered on Feb 30, as Feb only had 29 days in 2016 (but 28 days in 2015).

If I play "Devil's Advocate," I am tempted to suggest the following:
1. Perhaps you did receive the RFE and ignored it. If that is not the case, why weren't you checking the online USCIS status page, especially since you had been waiting 10 months when you received the denial?
2. If the attorney took charge of your "Motion to Reopen," and sent it within a few days of your allowable "Reopen" period expiring, you spent a tidy amount of money to try and fix ths problem (attorney fee, Motion to Reopen, probably a minimum of $1,500), the attorney bears some responsibility for not attempting to complain about the package taking more than 3 days to be logged in. That being the case, he owes you more than a "sorry."

Otherwise, I believe the attorney is right, that you have no choice but to wait for a Deportation order, which will give you the option to go to Immigration Court to state your case (an easy $1,000 in attorney fees).

--Ray B

Thank you for reply.
Honestly, I checked online status but nothing showed up. My files was over-night shipped and it was delivered at least 3 days prior to due date. But on denial letter, they said it was delivered 7 days after the due date.
USPS tracking proves this. If only deportation is the option, that's really terrible.

- - - Updated - - -

Which visa did you enter USA with?

I entered under my parents E2 VISA and I married with US citizen. The marriage is true and still in good relationship.