My daughter's 485 was denied last Monday. I received a denial decision letter yesterday. The reason for this denial decision is that my daughter didn’t appear at ACS for fingerprint in last August and didn’t reschedule an appointment. As a matter of fact, we didn’t receive the fingerprint appointment addressed to my daughter at all.
On Nov. 12, 2008, I got a notice on the USCIS website saying notice returned undeliverable, asking me to call USCIS for help or address update.
On Nov. 20, I called USCIS. A lady answered my phone. She told me that they will re-send the letter to my daugher since they have my current address and asked me to call again if I haven't received this letter within 30 days.
On Dec. 23, I called USCIS again and asked for help. I also checked the address with a representative who answered my phone. I found that the address hadn't been updated on my daughter's I485. The fingerprint appointment notice was sent to my old address. That is why the letter was returned as undeliverable.
On Jan. 6, 2009, I got email denial notice.
One and half years ago, we moved to the current place and I filed AR-11 to USCIS for the change of address and I also requested to update the address on all pending 485s of my family. Unfortunately, I trashed the change of address conformation numbers after my wife and I received green cards. But I have the letters from USCIS notifying us that our address was updated on our I485. I didn’t know that they hadn’t updated the address on my daughter’s 485.
I am going to file MRT. I have some questions.
(1) My child is not an adult. Can I fill out and sign the Form I-129B on behalf of my daughter?
(2) In this situation, do I need to use a lawyer to help filing the MRT?
Please be advised.
Thanks a lot in advance.