Can you sue DOS/INS for depression caused due to their errrors and delays

S

susan ward

Banned
Hi

Does anyone know if this has ever been done? and if so was it part of an immigration attornies law suit or would you get a different type of attorney to sue separately?

Regards Sue
 
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Sure ,u can Sue even to urself in US of America

Yes , You can ,thats fundamental in USA.Immigration attorney is better as they can prove it was error.
Thanks
Victim_of_INS


susan ward said:
Hi

Does anyone know if this has ever been done? and if so was it part of an immigration attornies law suit or would you get a different type of attorney to sue separately?

Regards Sue
Click to expand...
 
Sueing the USCIS

susan ward,

I have been following the plight of your sons case and feel that cases like these are ripe for a lawsuit. I cannot even begin to imagine what sort of turmoil this must have caused you and your family. If you are serious about this you should approach a good immigration lawyer who can present all the facts. I am sure that your sons case will be sorted out very soon if a lawsuit is filed. The sad truth is that in certain cases one has to literally force the USCIS to act. Waiting on them to figure things out is not always a good strategy.

regards,

saras
 
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May be worthwhile!!

Susan:

It may be worthwhile to consult with one of the personal injury type lawyers. Some of them do not even charge for initial consult.
 
Thanks so much guys


Yes , you guessed it I am now truly depressed and cried nearly all day. I am so upset I cannot even phone my immigration attorney or congressman and am crying typing this now. When I stop crying I become extremely angry, god when will it all end

The uncanny thing is I did get an e-mail from attorney today saying he now has a dialog with immigrant visa section in consulate. Asked me some questions for which I replied, so again I wait and see.

I will update here if/when I get news, but will shortly need to go to the doctors if things continue,

Bearing in mind father/mother and 2 of sons are together in US whilst my other son has been separated from family since Jan 2002

If no news within 14 days I will e-mail immigration attorney to pursue law suit and see if he can add personal injury to the claim !!!!!!!!!

I 've had enough
 
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They are wrong ..

susan ward,

There is no doubt in my mind that the USCIS has been completely unfair to you. In addition to being unfair they have shown no sign of correcting the situation. Although strange things are possible, any judge in their right mind will rule against the USCIS in your case. There has been emotional and financial burden placed on your family because of the mistakes USCIS has made. This seems like a slam dunk case to me.

You have gone through a lot emotionally and its time that you took your case to the next level. I have gone through a lot as well but it is nothing compared to what you have gone through. Separation from family because of USCIS mistakes is just inhuman and unjust. As a permanent resident of this country you should think of making use of all the rights that have been granted to you. One of the main ones is the right to take people and agencies to court if you have been wronged.

I will consider similar things if nothing happens on my case by the end of this year.

regards,

saras
 
Your lost cable in Follow to Join

Hello Susan,

I've been following your son's case for a few months.

From what you have learnt, would you please share
with us, how does a cable gets sent to a U.S. Consulate overseas?
And what was the procedure to get either the Dept of State, the USCIS
or the Consulate in London to make amends in your case?
Specifically, who did you write in London, TSC, the Dept of State
and congress.

I'm waiting on my wife's Following To Join cable to arrive in China.
So, in the interim, I've been researching other Follow to Join cases, and
I just noticed cables going out from Vermont Service Center to China,
"seem" to get lost. And nothing short of a big complain to the Office of
the Inspector General or in your case, a lawsuit, would make the
authorities do something to remedy the situation.

God bless and take care,
mojavetoo

PS) My British colleague got his GC in less than 18 months, compared
to me who got it in 28 months. His lawyer, Sharryn Ross, is one of the
best in Boston, and you can always get straight answers from her:
http://www.bostonimmigrationattorney.com/staff.html#sharryn
 
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Hi

If the principal is living in the US. He/She completes I 485 for him/herself

Should the principal have spouse or child abroad the insturctions on I 485 say you must do I 824's. These may be filed concurrently so that there are no delays for family if principal is approved.

OK,. The answer to your question. the service centre should send fax/phone/or cable of your dependants approval DIRECT to consulate in home country


Up date on my sons case

1. My sons first I 824 was filed concurrently with husbands I 485 application to adjust status in Jan/Feb 2002 - before his 21st birthday

This was filed within one year of husband I 140 approval- PENDING AT enactment of CSPA- Denied Oct 2002 with letter to re-do new I 824 once husband got green card


2. Husband's green card approved April 2004- sent 2nd I 824 for son- This was approved 11th Aug 2004 and cable/fax/tel was sent to consulate on 12th Aug 2004


3. As no news in Jan 2005 from consulate to finish process started to make enquires, though certified letters to London Consulate/ e-mails to Dept of State ref CSPA/ Case enquiry at TSC

Eventually (with congressmans help) In April 2005 made contact with London Consulate- They said they would need to check with DOS if son was protected under CSPA

No news till TODAY

Attorney sent me an e-mail saying he MAY be getting somewhere. AsKed some questions, said wait and see!!!!!!!!!!!!!!

It has always appeared to me that TSC has errored in separating file. Therefore working I 824 before approval so denied

Well

Over the weekend I found a copy of the Notice of action for sons
1st I 824!!!!!!!!!!!!!!


Guess what???????????


They say the principal is XXXXXX (my son who was 17 years old at the time) The benficiary is my Husband!!!!!!!!!!!!!!!!!!


The denial letter does in fact say the correct name of son who lives abroad though , so I am hoping this will not be a problem

Will update if any news
 
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