Cases Denied due to USCIS Administrative Errors No Longer Need to File Motion to Reopen but Only Need to Make Service Requests

by Chen Immigration Law Associates 04/05/2010

U.S. Citizenship and Immigration Services (USCIS) has established an expedited process for reviewing and correcting decisions resulting from certain administrative errors. This process enables customers to request an expedited review of their case and correction of the decision where data entry and/or an administrative error resulted in a denial or rejection of their petition or application.

A customer or his or her authorized representative may contact the National Customer Service Center (NCSC) at 1-800-375-5283 to put in an expedited service request if he or she believes that USCIS made an error that fits within one of the categories listed below:

1. USCIS issued an adverse decision based solely on a customer’s failure to respond to a Request for Evidence (RFE), Notice of Intent to Deny (NOID), or Notice of Intent to Revoke (NOIR) and there is documentary evidence that the customer responded and that USCIS received the response on time.

2. USCIS issued an adverse decision based solely on a customer’s failure to respond to an RFE, NOID, or NOIR and USCIS determines there is evidence in a USCIS system that the request or notice was not sent to the petitioner/applicant or to the attorney or representative of record, if there is a valid Form G-28 on file.

3. USCIS issued an adverse decision based solely on a customer’s failure to appear at a biometrics appointment or failure to respond to an RFE, NOID, or NOIR and USCIS determines there is evidence that the customer properly submitted a change of address prior to the issuance or notice, however USCIS sent it to a previous or improper address.

4. USCIS issued an adverse decision based solely on a customer’s failure to appear at a biometrics appointment and there is documentary evidence that the customer attended the appointment or made a valid, timely request that it be rescheduled.

Once USCIS has received an expedited review request from an applicant or petitioner, the agency will try to take action within 5 business days. This process, and any customer submissions relating to this expedited case review process, does not affect any rights of USCIS customers or USCIS in the administrative appeals process. This process will also not impact time frames for appeals or motions, fix errors made by a petitioner or his or her authorized representative, create an independent right of action, or address errors not included in the specific administrative errors listed above.

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