Motion to Reopen Due to Service Error

Motion to Reopen Due to Service Error

Applicant: Ms. Contreras
Nationality: Mexican
Applying for: Motion to Reopen due to Service Error
Case Type: I-130 and I-485
Time: 1 week
Challenges:

  • A quick response to avoid deportation.
  • Alleviating the stress of the clients.
  • Effectively documenting the USCIS error.

 

BACKGROUND

Ms. Contreras expected good news when she opened her envelope from the Department of United States Citizenship and Immigration Services (USCIS). Instead, she was crushed to discover her I-130 Petition for Alien Relative had been denied. This was the first step her husband had taken to change her status to a Lawful Permanent Resident (LPR) and thus allow her to obtain her green card. The denial of her sponsoring I-130 meant, by extension, the denial of her I-485 application for a green card as well.

What was most startling for Ms. Contreras was the reason she was denied her I-130 – she’d failed to show up for her interview. But she remembered receiving an official notice stating that she didn’t have to appear for the interview and she confirmed her recollection with her husband. Now, Ms. Contreras faced immediate deportation and the break-up of her family. For a couple in their 40s, this was particularly upsetting news.

While Ms. Contreras was distraught, her husband was angry. They’d done everything by the rules, and now an error on the part of USCIS was jeopardizing their future. Plus, Mr. Contreras was concerned about the added expense to re-file the petition and the additional legal fees. Fortunately, the Contreras family had hired Tsang and Associates from the beginning, and our immigration professionals could walk them through the corrective process without additional cost.

 

KEYS TO SUCCESS

Time was of the essence. Tsang and Associates quickly drafted a letter explaining the clerical error on the part of USCIS and whisked it off to the government agency. The letter consisted of six exhibits:

  • A copy of the Form I-797 for Notice to Interview that was dated Aug. 17, 2018.
  • A copy of the Notice of Potential Interview Waiver dated Sept. 15, 2018. This document stated Ms. Contreras did not need to appear.
  • Copy of I-130 Denial Decision Dated Oct. 23, 2018.
  • Copy of I_485 Decision due to I-130 denial.
    • Due to the denial of I-130, I-485 is denied by extension.
  • Copy of Fax Interview Waiver Letter informing USCIS of the Waiver.
  • Proof of Attorney representation (Tsang and Associates).

In our Motion to Reopen due to Service Error Tsang and Associates explained the turn of events regarding Ms. Contreras. Contreras filed the sponsoring form I-130 in August 2018, so his wife could become a U.S. Citizen. Ms. Contreras had already found a good job, and the two of them anticipated growing their lives together in Los Angeles. They certainly had no intention of doing anything to jeopardize the process. They’d planned and prepared to attend their appointed interview, but then received a waiver from USCIS in September 2018. So they naturally didn’t go to the interview. In October 2018 they received a denial of Mr. Contreras’ I-130 petition (and by extension the I-485 petition) for failure to show. Unfortunately, clerical errors or what is officially known as service errors happen quite frequently.

We proved Ms. Contreras’ case should be reopened and reconsidered, that her failure to show for her interview should be excused, and that she should be allowed to readjust her status.

 

OUTCOME

This case underscores the benefit of hiring the immigration experts at Tsang and Associates. Navigating the immigration process can be a nightmare and service errors happen more often than one might expect. Because Tsang and Associates was the attorney of record from the beginning of the process, we were able to track every step in their process and present accurate documentation to USCIS officials. The quick response by Tsang and Associates resulted in an immediate positive outcome for Ms. Contreras. All additional fees were waived, and she received her green card within a month. Happy Beginning.