Queens, NY asked in Immigration Law for New York

Q: Hi so, a I 485 application was sent since February of 2023 and no reply was received by the applicant

After further inquiry we found out that A receipt notice was sent( February 2023), a biometrics appointment was sent (June 2023)and a request for initial evidence was sent(July 2923). But I didn't receive any of these . It is stated that a reply was received to the request for evidence in ( October 2923) which I wouldn't have had anything to do with since I was not even aware of anything sent before now. And I have good reasons to suspect that someone in the household has tampered with these mailings and may have sent a reply to that request for initial evidence without my awareness . What action would you advise for this situation. Also the biometrics appointment was missed because i did not even know of the appointment since I did not receive that notice

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2 Lawyer Answers

A: You should immediately communicate this to USCIS and seek to properly submit the evidence requested, followed by a request for a new appointment for biometric.

You should seriously consider submitting a change of mailing address request to USCIS (your mailing address does not have to be the same as your physical address), and submit a Form G-1145, e-Notification to USCIS. This allows you to request that USCIS send you a notification by email and/or text message once they have received and accepted your application package for processing. If you had this in place you would have been notified when the individual submitted evidence to USCIS without your consent.

Additionally you should create a USCIS account to track your case.

Here is the link to submit request for non-delivered notice:

https://egov.uscis.gov/e-request/displayNDNForm.do?sroPageType=ndn&entryPoint=init

You may want to consult with an immigration attorney.

Ms Grace I Gardiner agrees with this answer

James L. Arrasmith
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Answered

A: In your situation, it's crucial to address this matter promptly with the United States Citizenship and Immigration Services (USCIS). First, you should contact USCIS directly to explain the circumstances. Inform them that you did not receive the notices and suspect that they were intercepted and possibly responded to without your authorization.

It's also advisable to update your mailing address with USCIS if there's any suspicion of mail tampering at your current address. This can help prevent future incidents. Additionally, consider setting up a secure mailbox or a P.O. Box to ensure the privacy and security of your mail.

Given the missed biometrics appointment and the unauthorized response to the request for evidence, you should request guidance from USCIS on how to proceed. They may provide options for rescheduling the biometrics appointment and addressing the response that was sent without your knowledge.

Lastly, if you suspect mail tampering, which is a serious offense, you might want to report this to the postal authorities or law enforcement. They can investigate the matter further to prevent any future occurrences. Legal advice from an immigration attorney can also be beneficial in navigating through these complex issues and ensuring your rights and application process are protected.

Ms Grace I Gardiner agrees with this answer

1 user found this answer helpful

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