hi everyone this is Joseph I'm the managing partner here at Tsang & associates where we
solve legal problems with creative solutions so the legal problem is that you miss your biometrics
appointment and your status is inactive for too long and now uscis formally issues you
a denial notice and now your entire case is up in the smokes what do you do well you can file
a motion to reopen for most of these cases a motion to open is a 290b application telling
the officer the original officer that issued this denial hey officer please reopen the case
it's kind of like going from active to inactive and going back to active but in in terms of a
case denial it's going from an open case to a denied case to now an open case again telling the
officer hey look I missed the biometrics it's just a small thing in this entire application process
here's the circumstances that's beyond my control here's the reasons why please don't
deny the case it will cause us in measurable suffering now if you read through the 290b
from USCIS you get to see the instructions saying that you need to present documents and evidence
that was not available before at the time of your application well what is that well that's
everything I just explained right now what are the circumstances and reasons why you couldn't make
it to this particular appointment why couldn't you call and reschedule right you have to explain that
maybe because you moved and you couldn't get the notice now if you moved and then you did the ar 11
and you told USCIS that you moved and then they still sent it to the wrong address well then it
is now their fault but you still need to do the motion to reopen to show them it's their fault
but if it is your fault you didn't file ar 11 then explain why you didn't know the lawyer didn't tell
you the law office that represented you shut down the lawyer went missing the lawyer got covered and
the secretary didn't know all sorts of reasons you need to be able to take that and present it
to USCIS and argue because of all these reasons you couldn't do a such a simple thing as going to
an appointment or you couldn't reschedule because you didn't even know you had an appointment it is
not impossible to do these motion to reopens we've done it so many times for students for executives
and you show them really it's a sympathetic reason why you couldn't do it and the consequence
the consequence of denial we usually spend a whole page explaining why if they don't reopen your case
what you will have to do instead what is your now backup option show the officer the nightmare
that you will have to suffer look most of these USCIS officers especially in the past few years
20 30 40 year olds right they are human beings that are just processing cases
much like any other any other government official they have tons of cases every single day
and they understand the circumstances that people are going through and the system just is
unfortunate they require you to file a 290b motion to reopen with a new filing fee explaining why
it's sometimes their own fault but they understand it's just unfortunate that you have to go through
the process if your case already went from inactive to a denial right you had a few hopes
when the case when you're for example when you miss the biometrics appointment you can still
go from inactive back to active and USCIS issue you a new um a biometrics appointment but if you
missed that appointment and you or you just gave up and stopped rescheduling because it's way too
difficult well then your case might be denied and once it's denied you are forced to having to do
this motion to reopen if the only problem is that your re-entry permit application got denied well
all hope is not lost we made a separate five series video I think on the CBP entry sb1 visa you
can potentially still save your green card if your reentry permit got denied or you might be able to
still fly back into the us and just go through the re-entry permit process again but if you can also
do a motion to reopen and plead with the officer to save the latest re-entry permit application
so that's the end of this series where we started out with talking about how to expedite the entire
reentry advanced parole i90 process because it is so difficult and it's constantly changing
then we made a video on talking specifically about how to expedite the biometrics portion because
that is oftentimes the most critical and crucial part and then we talked about what happens if you
just need to constantly reschedule your biometrics appointment then we made a video talking about
what to do if you missed your biometrics appointment how do you save it and go back to
the active status and this last video is talking about what happens when you missed everything and
your case gets denied and now you have to save it you can file a motion to reopen we've done all of
these before we are happy to share our success story with you show you how to do it I know it's
a very complicated process I know a lot of people don't do it and I know things could be simpler
and in hopes in the months to come in the years to come USCIS would make it better
and if there is an opportunity at USCIS that they need somebody who has the knowledge
from a private sector perspective to you that you need to lead to change the system
please hire me I would love to help you do it I'll do a pro bono and that's it for this series
it took a little longer to pump this series out because there's just so many things and so
many information that we want to share with the public and I know it's very transitory within a
few months I'm sure all of this is going to be obsolete I'm hoping it will go obsolete
but until then I hope it's useful to the public if you have any questions or comments and if you
want us to do another series feel free to let us know until then I'll talk to you later bye