law suit to USCIS

T

tigerm80

Registered Users (C)
Thinking aobut filing law suite against USCIS on their unfair treatment of my case.


Here is my case brief info:

140 NIW filing date: Sept 2005, NSC
140 Approved Date: Oct. 2005, NSC

485 filing date: June 2007, NSC
Pending: …., NSC

In the past two months, USCIS has approved many cases with PD later than mine, a lot of them are in 2006 (my PD: Sept 2005).

I was informed by local immigration officers (infopass) in August 2007, all my security checks had been clear then. So the checks would not be an obstacle for USCIS to delay my case.

Very disjointed and even angry on the way USCIS handles my case: they did not follow the rule that they claimed at each bulletin the cases would be processed by the date the case was received. Today the cut-off date returns to two years back, which has a significant impact on my case.

It is purely due to USCIS unfairness to my case that would cause me another round endless wait.

Here is my question:

Can I file a law suit against USCIS based on their unfairness to an individual case? Is it sound with merit? How could I do it?

Thanks for your input.
 
Dear tigerm80,
I have my story-
1. EB2 Labor filed under RIR, PD: May 2004. (Cost for filing labor: $5000)
When the applications were sent to backlog center, and no info. was made available, I started PERM EB2 labor, PD: Feb 2006.(Cost: $7000)
2. In July 2007, when I became current my I-140 associated with PERM was approved. So I filed I-485 based on PERM labor. (Cost for I-140: $2000, Cost for I-485: $5000 for me and spouse).
3. Soon after my RIR labor got approved, filed I-140, got I-140 approved. (Cost: $2000).
4. Sent letter to USCIS to retain earlier PD for the I-485.
5. No response from USCIS as this is a letter, not a form, so they do not need to respond. There is no official form from USCIS to make such a request. SO, I am in the dark about what PD they have on my I-485.

Moral of the story: EB2 May 2004 PD, broke, and yet waiting!!

(None of the above costs includes the USCIS fee, EAD fee, AP fee etc. Those are just lawyer fee)
 
tigerm,
Yes you can.
There are many cases that get adjudicated this way. You just need to hire a good attorney who has done this before. And most of the time teh cases get approved since the USCIS cannot come up with any reason to prove that the case could not be approved.
 
Thank you all for response.

GCforTravel:

Thank you for the link.

What I found the cases that recently got approved with PD later than ours (Sept 2005) inlcude that filed with both TSC and NSC, under either LC or NIW. The given link complained USCIS handles unfairly with NIW cases, r u 100 percent sure about that.

So disappointed with this government agency who ruin us and squander our taxpayers money.
 
tigerm80 said:
Thinking aobut filing law suite against USCIS on their unfair treatment of my case.


Here is my case brief info:

140 NIW filing date: Sept 2005, NSC
140 Approved Date: Oct. 2005, NSC

485 filing date: June 2007, NSC
Pending: …., NSC

In the past two months, USCIS has approved many cases with PD later than mine, a lot of them are in 2006 (my PD: Sept 2005).

I was informed by local immigration officers (infopass) in August 2007, all my security checks had been clear then. So the checks would not be an obstacle for USCIS to delay my case.

Very disjointed and even angry on the way USCIS handles my case: they did not follow the rule that they claimed at each bulletin the cases would be processed by the date the case was received. Today the cut-off date returns to two years back, which has a significant impact on my case.

It is purely due to USCIS unfairness to my case that would cause me another round endless wait.

Here is my question:

Can I file a law suit against USCIS based on their unfairness to an individual case? Is it sound with merit? How could I do it?

Thanks for your input.
Click to expand...

You can, and please update the forum with the results, because thousands and thousands even before you still waiting.
 
Short answer is you can. As far how, visit Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged) and you will be glad you did, it's a long running thread so you may want to go to the last pages.
tigerm80 said:
Thinking aobut filing law suite against USCIS on their unfair treatment of my case.


Here is my case brief info:

140 NIW filing date: Sept 2005, NSC
140 Approved Date: Oct. 2005, NSC

485 filing date: June 2007, NSC
Pending: …., NSC

In the past two months, USCIS has approved many cases with PD later than mine, a lot of them are in 2006 (my PD: Sept 2005).

I was informed by local immigration officers (infopass) in August 2007, all my security checks had been clear then. So the checks would not be an obstacle for USCIS to delay my case.

Very disjointed and even angry on the way USCIS handles my case: they did not follow the rule that they claimed at each bulletin the cases would be processed by the date the case was received. Today the cut-off date returns to two years back, which has a significant impact on my case.

It is purely due to USCIS unfairness to my case that would cause me another round endless wait.

Here is my question:

Can I file a law suit against USCIS based on their unfairness to an individual case? Is it sound with merit? How could I do it?

Thanks for your input.
Click to expand...
 
You must log in or register to reply here.
Top