I485 rejected for failure to show up for interview

[Ness]

Hi,

I filed for adjustment of status from F-1 to permanent residence after marriage to a US citizen. I received notice to appear for the interview, which we could not attend because my husband's job has temporarily taken us out of the country. I called USCIS well before the interview, and requested a change of date for the interview, which they entered into the system and gave me a referral number for the request.

The person receiving my mail in the US just told me that we'd received a notice that they were processing my request, shortly followed by a letter addressed to my husband that he did not show up for the interview, and a notice sent by certified mail that my application was denied because we did not show up for the interview. It also said that I could not appeal this decision, but could request to have the case reopened.

I just tried calling USCIS but they're not open yet. I'm not sure there even is a point in talking to them.

HELP!!!

Does anyone have any advice on what to do and what to expect? Go straight to hire an immigration attorney?

Thanks very much for any info you might have!
Ness

[zion]

Hi,

I filed for adjustment of status from F-1 to permanent residence after marriage to a US citizen. I received notice to appear for the interview, which we could not attend because my husband's job has temporarily taken us out of the country. I called USCIS well before the interview, and requested a change of date for the interview, which they entered into the system and gave me a referral number for the request.

The person receiving my mail in the US just told me that we'd received a notice that they were processing my request, shortly followed by a letter addressed to my husband that he did not show up for the interview, and a notice sent by certified mail that my application was denied because we did not show up for the interview. It also said that I could not appeal this decision, but could request to have the case reopened.

I just tried calling USCIS but they're not open yet. I'm not sure there even is a point in talking to them.

HELP!!!

Does anyone have any advice on what to do and what to expect? Go straight to hire an immigration attorney?

Thanks very much for any info you might have!
Ness

Sorry to hear that... Hire an attorney.
How can your husband leave country when your application is pending.

Regards,
Zion

[Ness]

Update

I managed to speak to a US immigration attorney on the phone.

The only thing to do is apparently to file a motion to reopen/reconsider (still not sure which applies in this case), form I290B, along with the processing fee ($585) so they will accept the application, but to ask that they waive the fee because the decision was based on their own error. The lawyer wasn't sure they'd waive the fee

Apparently this kind of mix-up happens often, so I hope this info helps other people facing the same situation.

Ness