i-485 Denied Letter - Daca Recipient

[ecrypto]

My cousin is in the USA on DACA. He is now married to a US Citizen. Visited his country and came back into the USA using advance parole back in 2017. This year he applied to adjust status(i-485 i-130).

The application was sent back in January. The case was received, and the interview was scheduled a few months after (April 11, 2019).

Here is where the bad luck starts. USPS lost the interview letter. He called and called until he got in touch with a tier 2 rep, but all they said to do was wait.

After about a month, the tier 2 rep requested to have the interview rescheduled. My cousin called last Friday, and a tier 2 rep told him to wait until August 3rd and that the interview should be rescheduled by then.
Today, he received a denial letter. The letter states that he has provided no evidence to indicate that he is immediately entitled to an immigrant visa.

Once again, DACA recipient, paroled into the USA with advance parole back in 2017, married to a US citizen. No criminal records. There should be no questions on the marriage since he has been with the same girl for ten years and have many pictures to prove it. They even live together.

The denial letter was printed on July 20, 2019, but he spoke to the tier 2 rep on July 26, and nothing was mentioned.

Was this a mistake? What should we do next? Suggestions? Why the denial?

[Scanigm]

If he knew that the interview has been scheduled and it’s been more than 7 business days that he hasn’t received it, why didn’t he call right away?? I’m a daca too married to a US citizen. Things like this shouldn’t take it for granted. If something seems wrong, act ASAP

he should go and consult a lawyer or have an infopass

[ecrypto]

He called right a couple of days after he didn't receive the letter.
He kept calling. Getting a tier 2 officer on the line is so hard. They always say they are going to call back but don't. This is ridiculous.

I forgot to mention this, both case status is still pending. The case status doesn't show the cases as denied.

[Enub4]

When calling with tier1 or tier2 officer, can they give you the name/id or something? I'm thinking that they may have records of all the calls, but if the caller also has some records, could help the case.

I don't understand why they can't allow us to see online the documents they send as a PDF. The position of "is not my problem if USPS lost the mail, I can deny the application if the person doesn't get the letter with the date" is not right.

I have received letters for other people and recently a neighbor received one of our letters by mistake, and it was a letter from our lawyer. Good luck.

[azblk]

You are misreading the denial letter. If he has been denied it is not because of missing interview. It is because the USCIS doesnt not think he has a visa available to him right away. What evidence did they include of his wifes US citizeship? BC/Passport?

It can also be a mistake. He needs to make an infopass and go talk to an IO.

[ecrypto]

We included his wife's passport as proof of US citizenship. He spoke to a tier 2 officer today.

The officer would not schedule an info pass because it is for emergencies only. My cousin is still on DACA.

The officer also does not see the denial letter on his system, and all he sees is that the field office is trying to schedule a new interview. This is all so confusing.

The officer suggested we write a letter to the field office responding to the denial letter. This system is incredibly inefficient when things don't go according.

Any suggestions or advice would be appreciated. Should we try to get a congressman or woman involved?

[keldreams]

Which field office did your cousin apply from? That was a fast interview schedule...

[ecrypto]

NY application seems to be going fast at the moment. We both applied to the Queen's field office. His application and mine are practically the same. Same background and same situation. Don't see how I could be approved and not him. This is a case of bad luck. USPS ****s things up again.