File Lawsuit Against NVC

[visajourneymember 2]

I want to file a lawsuit or a class action lawsuit (if there are others who want to file a lawsuit too) against the State Department

I'm a US citizen, I have a 3 year old I've been trying to get a visa for. I can't bring him into the country and apply for immigration here. He has to wait for the USCIS and then the NVC to process his case and set up an interview with the consulate. The NVC is very slow. I have to be in the States because of the AoS requirements and this separation is very devastating for my son. He's lost a lot of weight and he grinds his teeth at night, due to the stress this has placed on him.

He was saying to me today "You go and you don't take us". I really didn't have anything to say in response. This is so sad. America claims they value family, but that is just talk, in action they don't give a f_ck.

I am tired of waiting for the NVC and seeing my son go through so much stress, even after the NVC is done I have to wait for them to set up an interview date at the consulate.

I wrote to my Senator and they sent a letter from his office to the NVC, but it's not helping.

Does anyone know a good lawyer that has experience with filing lawsuits against the State Department?

I googled to find such a lawyer and I found these two offices

http://www.bridgewest.com/visa-services/litigation-bringing-lawsuits-against-uscis-and-consulates/

http://www.fitzgeraldlawcompany.com/

Does anyone have any experience with them?

[yohino 22]

One question that just springs to mind, were you a USC when he was born?

[visajourneymember 2]

One question that just springs to mind, were you a USC when he was born?

No, I became a citizen about 2 years ago.

[newlyweds2010 208]

wouldn't he automatically become a US citizen upon your naturalization, if he's younger than 21 y/o? just asking, I don't really know anything about this.

[JoannaV 174]

wouldn't he automatically become a US citizen upon your naturalization, if he's younger than 21 y/o? just asking, I don't really know anything about this.

I think that he may gain citizenship upon entry into the US. Which would I think mean the son would be exempt from the affidavit of support requirement and they could file I-864W. However if the son is going to be immigrating with the other parent the I-864 would still be required for that parent.

[NigeriaorBust 4,087]

A friend is working on a similar child not a citizen issue. If the child didn't qualify for CBRA and wasn't in the US when you got your citizenship you need to get them here on a valid visa and then you can send an N400 in. But they need a valid visa. Try asking for an expedite.

[Boiler 45,360]

3 years is a very long time for any application, what does your Lawyer say?

[Sergi9 110]

I want to file a lawsuit or a class action lawsuit (if there are others who want to file a lawsuit too) against the State Department

I'm a US citizen, I have a 3 year old I've been trying to get a visa for. I can't bring him into the country and apply for immigration here. He has to wait for the USCIS and then the NVC to process his case and set up an interview with the consulate. The NVC is very slow. I have to be in the States because of the AoS requirements and this separation is very devastating for my son. He's lost a lot of weight and he grinds his teeth at night, due to the stress this has placed on him.

He was saying to me today "You go and you don't take us". I really didn't have anything to say in response. This is so sad. America claims they value family, but that is just talk, in action they don't give a f_ck.

I am tired of waiting for the NVC and seeing my son go through so much stress, even after the NVC is done I have to wait for them to set up an interview date at the consulate.

I wrote to my Senator and they sent a letter from his office to the NVC, but it's not helping.

Why not try the DOS OIG first? Might get you the result you want. Squeaky wheel gets the grease concept. Not sure how long outside of "normal" processing time your child's application is. Also wondering why its taking so long, and when you filed the application?

USCIS ombudsman just published a memo regarding the complaint process and lack of channel for complaints at USCIS. Not sure how that relates to NVC but have my opinion that most of the problems are a result of the anonymity of the folks behind the scenes. I am sure it stems from the same issue, If you don't know who is handling your paperwork its difficult to call that person into account.

I certainly "feel ya" and your frustration. Having dealt with "third world country bureaucracy" I can tell you that its all the same BS, too much power in the hands of folks who have never been and never will be called into account for their ineptitude.

Best of luck. Hope this is resolved quickly.

[Kathryn41 3,205]

Numerous posts have been removed for TOS violations. Regardless of how upset you are, no one has the right to make personal attacks and insults at other members. Obscenity is also unacceptable. I am returning the acceptable parts of the removed posts to the thread below, edited to remove the TOS violations. If there are any further posts like the ones removed, this thread will be closed.

You didn't even bother to read my post. I said I can't get any other visa for him. I also said I contacted my Senator to ask NVC to expedite the process, his office did mail them, but it didn't help.

At this point I want to work with a good lawyer to file a suit against them. The federal agencies in America are functioning no better than the ones in third world countries. I didn't become a USC to see my government not give (edited) about my problems that are within their power.

Double standards are not ok. To say you value your citizens but don't care if you waste their time, is not ok. I don't understand how some think it's fine that the government makes citizens wait several months before they can be with their loved ones again (whether it be their foreign born child or foreign spouse). 7-8 months is about 1% of your life, to see the government just waste that away, is not ok. They aren't building a 100 story building, they've got their payment for processing a simple case and they've got my son's birth certificate which shows I'm his father, how hard is this and why does this needs months to be processed.

Anyhow, like I said, I'm looking for a good lawyer to file a lawsuit against the Department of State. If anyone here knows of any, please let me know.

I wonder why you would want to invest hundreds of thousands of dollars and years into a process that will accomplish nothing. It indicates that you are not thinking clearly, that your actions are guided by emotions, not rational thinking.

Bob brings up a valid point.

BTW, the Federal Gummint has to "give" you permission to sue it, before you can sue it.

Sounds crazy, I know. But ya just don't hear many stories of individuals fighting or suing city hall. If we could win, we would.

Good luck, though.

[RICARDO4EVA2 194]

I want to file a lawsuit or a class action lawsuit (if there are others who want to file a lawsuit too) against the State Department

I'm a US citizen, I have a 3 year old I've been trying to get a visa for. I can't bring him into the country and apply for immigration here. He has to wait for the USCIS and then the NVC to process his case and set up an interview with the consulate. The NVC is very slow. I have to be in the States because of the AoS requirements and this separation is very devastating for my son. He's lost a lot of weight and he grinds his teeth at night, due to the stress this has placed on him.

He was saying to me today "You go and you don't take us". I really didn't have anything to say in response. This is so sad. America claims they value family, but that is just talk, in action they don't give a f_ck.

Lawsuit..? Are you Serious..? You DONT have to be in the USA for the AOS.. please go ahead and READ the form/s or go to DOS's website for clarification.. know the process. You can Move to the country of the applicant and live there while maintaining a domicile in the USA. Hope this works out for you. But we should know the immigration laws in place before we run else where. You can move there with son tomorrow. and as a US Citizen you will not loose any benefit. Same is for LPS who are outside the USA because of a minor child like my parents.. that's how it goes... they knew that before they petitioned for their son.

Edited March 27, 2011 by RICARDO4EVA2

[visajourneymember 2]

Why not try the DOS OIG first? Might get you the result you want. Squeaky wheel gets the grease concept. Not sure how long outside of "normal" processing time your child's application is. Also wondering why its taking so long, and when you filed the application?

USCIS ombudsman just published a memo regarding the complaint process and lack of channel for complaints at USCIS. Not sure how that relates to NVC but have my opinion that most of the problems are a result of the anonymity of the folks behind the scenes. I am sure it stems from the same issue, If you don't know who is handling your paperwork its difficult to call that person into account.

I certainly "feel ya" and your frustration. Having dealt with "third world country bureaucracy" I can tell you that its all the same BS, too much power in the hands of folks who have never been and never will be called into account for their ineptitude.

Best of luck. Hope this is resolved quickly.

A helpful and reasonable post. Thanks.

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I am surprised by the people who think it's OK for government agencies to manage cases at the pace they want. An advanced government would work towards efficiency not inefficiency. How hard is it to see the growing inefficiency in most government agencies today? It is very sad that America is going backwards instead of forwards.

I agree with people who state that filing a lawsuit against government agencies is costly, will take alot of time (like all other government processes) and might not work out in the end. But do not agree with 'Just Bob' that we should fear them. I do not agree with 'Just Bob' that we should be afraid of filing a suit; that because of our lawsuit, their attorney can request psychiatric evidence to prove that we are not mentally stable to be the parent of our children. And I do not agree with 'Just Bob' that we should fear that they will revoke our citizenship because of our lawsuit against them. His post was irrational and falsely attempted to instill fear. It is completely wrong to attempt to instill fear of government in people, the end result of citizens fearing their government is more corruption in government agencies. I should have known better than to post in a forum requesting for infromation, or maybe I posted in the wrong forum. I will continue with googling lawyers and calling a few of them to see how they can help me.

What can I say; good luck everyone, and enjoy the wait.

[james&olya 1,121]

A helpful and reasonable post. Thanks.

--------------------------------------------

I am surprised by the people who think it's OK for government agencies to manage cases at the pace they want. An advanced government would work towards efficiency not inefficiency. How hard is it to see the growing inefficiency in most government agencies today? It is very sad that America is going backwards instead of forwards.

I agree with people who state that filing a lawsuit against government agencies is costly, will take alot of time (like all other government processes) and might not work out in the end. But do not agree with 'Just Bob' that we should fear them. I do not agree with 'Just Bob' that we should be afraid of filing a suit; that because of our lawsuit, their attorney can request psychiatric evidence to prove that we are not mentally stable to be the parent of our children. And I do not agree with 'Just Bob' that we should fear that they will revoke our citizenship because of our lawsuit against them. His post was irrational and falsely attempted to instill fear. It is completely wrong to attempt to instill fear of government in people, the end result of citizens fearing their government is more corruption in government agencies. I should have known better than to post in a forum requesting for infromation, or maybe I posted in the wrong forum. I will continue with googling lawyers and calling a few of them to see how they can help me.

What can I say; good luck everyone, and enjoy the wait.

I don't completely understand your situation but I can relate to how you feel. I agree with you that USCIS is inefficient and arbitrary. Their processes are far too opaque and they do not have a customer service attitude in keeping with ordinary expectations in this country. They operate more like the governments of 3rd world countries in some ways. I would hope that they recognize these short-comings and work to improve on them. Perhaps a lawsuit would be a good motivator though I would be pessimistic about your chances of success. But you are absolutely right in wanting to do everything you can to get your family together! These years are SO important for the proper psychological and emotional maturation of your son! He needs to be here with you NOW! It does seem like this should be a 'no-brainer' for an expedite. I wish you the best of luck!

[Sergi9 110]

A helpful and reasonable post. Thanks.

--------------------------------------------

I am surprised by the people who think it's OK for government agencies to manage cases at the pace they want. An advanced government would work towards efficiency not inefficiency. How hard is it to see the growing inefficiency in most government agencies today? It is very sad that America is going backwards instead of forwards.

I agree with people who state that filing a lawsuit against government agencies is costly, will take alot of time (like all other government processes) and might not work out in the end. But do not agree with 'Just Bob' that we should fear them. I do not agree with 'Just Bob' that we should be afraid of filing a suit; that because of our lawsuit, their attorney can request psychiatric evidence to prove that we are not mentally stable to be the parent of our children. And I do not agree with 'Just Bob' that we should fear that they will revoke our citizenship because of our lawsuit against them. His post was irrational and falsely attempted to instill fear. It is completely wrong to attempt to instill fear of government in people, the end result of citizens fearing their government is more corruption in government agencies. I should have known better than to post in a forum requesting for infromation, or maybe I posted in the wrong forum. I will continue with googling lawyers and calling a few of them to see how they can help me.

What can I say; good luck everyone, and enjoy the wait.

I think you have to be a Nazi to get your citizenship revoked so comments of that nature are in fact ridiculous. I do think there is a commonly held perception that if you "mess with" the agencies that deal with the VISA process that there will be retaliation. In fact the memo by the USCIS Ombudsman I mentioned which was published the 23rd of this month, actually does mention that fear. The folks in the processing department are far removed from the actual people or situations they deal with and see mountains of paperwork and have somehow detached their minds from the reality it is real families that are being effected by the lack of prompt action on our cases.

It is quite unfortunate that some of the folks on the forum here are as emotionally daft as the folks processing our paperwork. It is a very helpless and futile feeling not being able to reunite with our families and wade through this paperwork nightmare and perfectly human to be angry and upset.

The best approach is to take a deep breath, approach the situation as rationally as you can manage and direct your energy in a direction that will get you the results you desire in the least amount of time. Find out who is the Director in charge of NVC by name, and find out the email conventions that agency uses and attempt to send an email and a paper mail to that person with a heartfelt letter describing your pain as a parent.

Again, the DOS OIG office is a starting point and get as far up the food chain to folks at NVC if that is who is holding up your application as possible.

[visajourneymember 2]

I wanted to update you guys on this. Embassy has scheduled an interview for the 18th of July. My son will turn 4 on July 26th. Shame on them.

[momsjourney 6]

I wanted to update you guys on this. Embassy has scheduled an interview for the 18th of July. My son will turn 4 on July 26th. Shame on them.

Amazing. Congratulation!