sergiozambrano
New Member
The following are not negative comments. They are facts I have proof of, and questions seeking advice and moral support in a case obiously out of proper processings, as confirmed by an immigration officer.
I went to see an "Immigration officer" as uscis recommends as if it were a tv spot like "ask your friendly local police officer for details" to show them a mistake nebraska made when denied my residence (and thousands more I think) with a evidence request issued the same day of the denial.
The immigration officer…
So, my question is:
What are they for?
They don't have any tool for helping us, more than the same automated telephone system has: a date and a message, which could be wrong, but since it's there… It's like the movie in which the main carachter is se up in government computers and from there he/she is dangerous and guilty.
Should I pay $585 just for sustain offices and employees that don't even look to my case and just deny it? (I work with computers, and they don't make mistakes that size without a human hand and 3 or more actions in a row, clearly aiming to a single objetive)
I've scheduled a second appointment to try to see the same officer, or a supervisor. If nothing happens, I'd have to file a motion to reconsider.
Also, there's no G-266 form anymore, so refunds are not an option. Even if they find an error and grant the residence, the LAW SAYS:
"…USCIS notes that it does have the authority to reopen a case sua sponte and utilizes this ability in instances where, in its discretion, it determines that there is an obvious error. An applicant may bring such an error to the attention of the AAO, and the AAO may reopen the case on its own motion. In such cases, the applicant does not need to submit any fee for the motion…"
…but if you file a motion before to claim, it will be up to them to refund it or not. BUT THERE'S NO TOOL FOR YOU TO CLAIM WITHOUT FILING SUCH MOTION. Evem more, in despite of what the law sais, THE FORM SAYS CLEARLY THAT THE MONEY WILL NOT BE REFUNDED REGARDLES OF THE OUTCOME OF THE DESICION.
So, even if you fulfill every single law's request and do everything RIGHT, you still can't be guaranteed with the RIGHT to be treated as the law says.
There's NOTHING you can do for it to work. It will take the way they want regardles of the hollow impression the system gave you when they set up all those fees and regulations.
Isn't it cheaper to sue USCIS than filing a motion?
Is this a right place to get users and file a class action against USCIS for automated deliberated denials for making profit?
Advice and answers will be appreciated.
Sergio Zambrano.
I went to see an "Immigration officer" as uscis recommends as if it were a tv spot like "ask your friendly local police officer for details" to show them a mistake nebraska made when denied my residence (and thousands more I think) with a evidence request issued the same day of the denial.
The immigration officer…
- didn't understand the conditions for an appeal/reconsideration of the case that the denial letter stated.
- Didn't have the authority to change, reopen, or anything that works for me.
- Didn't want to give me any proof of me being there or talked with her.
- Didn't have acces to the case, except for a list of dates of mailing with a brief title each (less than 6 words).
- Didn't want to give me a copy of that only record where says clearly the evidence request was issued the same day than the denial.
- Said that I should be thankful for her writting a letter to the officer who denied it. She even said "I'm not due to do this".
- Said I'd have a copy of the letter sent to my address, which I never got.
- Said she would call me for a follow up of the letter, which never did.
- Said "these are not us. Your case is somewhere else, and we didn't do it, or have it, or have access to it".
So, my question is:
What are they for?
They don't have any tool for helping us, more than the same automated telephone system has: a date and a message, which could be wrong, but since it's there… It's like the movie in which the main carachter is se up in government computers and from there he/she is dangerous and guilty.
Should I pay $585 just for sustain offices and employees that don't even look to my case and just deny it? (I work with computers, and they don't make mistakes that size without a human hand and 3 or more actions in a row, clearly aiming to a single objetive)
I've scheduled a second appointment to try to see the same officer, or a supervisor. If nothing happens, I'd have to file a motion to reconsider.
Also, there's no G-266 form anymore, so refunds are not an option. Even if they find an error and grant the residence, the LAW SAYS:
"…USCIS notes that it does have the authority to reopen a case sua sponte and utilizes this ability in instances where, in its discretion, it determines that there is an obvious error. An applicant may bring such an error to the attention of the AAO, and the AAO may reopen the case on its own motion. In such cases, the applicant does not need to submit any fee for the motion…"
…but if you file a motion before to claim, it will be up to them to refund it or not. BUT THERE'S NO TOOL FOR YOU TO CLAIM WITHOUT FILING SUCH MOTION. Evem more, in despite of what the law sais, THE FORM SAYS CLEARLY THAT THE MONEY WILL NOT BE REFUNDED REGARDLES OF THE OUTCOME OF THE DESICION.
So, even if you fulfill every single law's request and do everything RIGHT, you still can't be guaranteed with the RIGHT to be treated as the law says.
There's NOTHING you can do for it to work. It will take the way they want regardles of the hollow impression the system gave you when they set up all those fees and regulations.
Isn't it cheaper to sue USCIS than filing a motion?
Is this a right place to get users and file a class action against USCIS for automated deliberated denials for making profit?
Advice and answers will be appreciated.
Sergio Zambrano.