Denied I-485 due to failure to appear at fingerprint and biometrics appointment...?

My husband was denied his I-485 visa because he failed to appear to a fingerprint and biometrics appointment on April 3rd 2009. We never received this appointment notice. He did receive an appointment notice back in August to appear for fingerprints and biometrics on the 22nd of Aug 2008 (which he did go to). How can they deny him for something we never received??

Update:

I have called immigration and they told me that all I can do is file an appeal - costing me a further $585... I booked an appointment with InfoPass and went up there only to have them tell me the same thing. I feel like I'm stuck between a rock and hard place... The letter of denial came 2 wks late therefore only giving me 2 wks to come up with $585 (which I have not), or go before a judge and plead my case, which terrifies me... Neither the appeal or appearing before the judge is a guaranteed yes and now I am so lost....

5 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    I don't know why he should have to go to a fingerprints/biometrics session twice. I would first check why he got a second appointment, that does not sound normal to me. I went through an I-485 a few months back and I certainly had only to go once.

    If you can prove that the problem is based on an error on their side (and it sounds like it might be) you still might have to file again, but they should waive the fee. If it is your error (e.g. you didn't receive the notice because you moved during that time and did not notify USCIS of change in address) you will have to pay the fee.

  • 4 years ago

    I-485 Biometrics Appointment

  • 5 years ago

    Easy, and I don't get that your lawyer doesn't get this. Are you sure that's a lawyer? Sister files I-130, but not the I-485 as you are not eligible to adjust status yet. Once approved, the petition goes to NVC. They'll ask for the Affidavit of Support, the I-864. Once received and approved, the petition goes into hibernation until your priority date becomes current, which at this time is about 16 years from now. Then and only then goes the file to the US consulate in Mexico, or, in case you have been legally present in the US all this time, to the USCIS field office. You are just not eligible to adjust status yet as you are in the last preference category in the whole wide world. That's immigration law, first week, second day in class.

  • Sam
    Lv 4
    1 decade ago

    You can call them and explain to them the situation. You must show them the letter stating the date given. Mistakes do happen - it's possible his case number or name is close to someone else's and there was a mix up.

    Call the number on the back of the form to ask 1) If they have the first compliance - him going to the appt, 2) why was he scheduled twice and 3) what name and address they have on file for him. I know a gentleman who was almost denied his green card because they'd misregistered his address.

    Documentation is key when dealing with USCIS, so all paper work that you can show them, the better.

    Good luck,

    Sam

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  • Anonymous
    1 decade ago

    He would have reciveed a receipt at his Biometrics in Aug

    take that too a Infopass appointment and get the case reopened ..

    better get a lawyer

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