Can we sue the London Embassy for unprofessional conduct

[Favoured 0]

I hope all is well with everyone.

he interview took place on the 2nd of June, and in a nut shell, it has not yet ended, I suppose bcos of the link to being a Nigerian. in addition, there was an arrest in England for controlled substances that was just basically a set-up, and it ended with an acquittal as in found not guilty by jury. immediately after which the UK residence permit was renewed cos it expired while remanded in custody for 8 months exactly. Basically, the interviewer either feels i should have been convicted, or that it was impossible to have been able to renew my residency immediately after that whole incident. he requested the court transcript of the 2 weeks long trial (which is not necessarily made available to individuals, and by the way, if they had to get me a copy, i would have to pay about 6000.00GBP which comes out to about $10,000.00 as in USD). After I wrote him with copies of written correspondence between the crown court and myself, he switched over to wanting a record from the police dept that handled my case from arrest to acquittal--the same police that issued a certificate (that should technically be the only thing they should go by).

Where do I begin and where do I end. he even laughed a few times as he noted that the permit is nearing another expiration, and he also found it funny that i and my spouse have been this far apart from each other for so long as though it was impossible.

I have been wondering whether to sue them for attempting to question the authority that closed my case; he pretty much seems like he would like to reopen the case; what do you think?

[Anh map 2,098]

The interviewing officer has complete discretion. You may not like it, but the best course of action is to supply the documentation/evidence requested.

I am sure that you can find an attorney in the US that will take your money to file a suit. From what you are saying, that could cost more than the court transcript that you mentioned.

[VanessaTony 3,567]

You were acquitted and so found not-guilty which is good but they arrested you and tried you based on SOME evidence, they had to have had something that they thought they could get you found guilty on. I believe they can still hold the arrest against you in that they can believe that you did it, but just got away with it and can deny you because of it. Sounds like basically they're trying to prove that you MIGHT have done it but that reasonable doubt won (so they can still treat you as morally bad and so deny you). The transcript would show what happened and what you admitted to and how "you got away with it" and the police record would show what evidence they had against you (and again, what you "got away with").

You can try getting your senator/congressman involved if you like but this is within USCIS's rights to do. Upsetting of course, but you need to prove to them now that you didn't do it and that there was no evidence that you did it and that it wasn't just a technicality that got you off (like police entering your house and seeing evidence of something but that evidence being thrown out because they had no warrant to enter).

Sorry you're going through this

[Favoured 0]

I hope all is well with everyone.

The interview took place on the 2nd of June, and in a nut shell, it has not yet ended, I suppose bcos of the link to being a Nigerian. in addition, there was an arrest in England for controlled substances that was just basically a set-up, and it ended with an acquittal as in found not guilty by jury. immediately after which the UK residence permit was renewed cos it expired while remanded in custody for 8 months exactly. Basically, the interviewer either feels i should have been convicted, or that it was impossible to have been able to renew my residency immediately after that whole incident. he requested the court transcript of the 2 weeks long trial (which is not necessarily made available to individuals, and by the way, if they had to get me a copy, i would have to pay about 6000.00GBP which comes out to about $10,000.00 as in USD). I find it very questionable that they/he would request such document without truly knowing the reality of the one's ability to obtain it, since he seemed to know better than the police and the legal system as he continued to question why my police certificate states NO TRACES (Not even NO LIVE TRACES)as n no criminal records ever! He could not have been doing this for the first time in his career, since it seemed I was the last IV applicant to be called when I was the first in the door and the first scheduled appointment of the day, I saw him as probably the most experienced of them all with his age and complacent attitude. After I wrote him with copies of written correspondence between the crown court and myself, he switched over to wanting a record from the police dept that handled my case from arrest to acquittal--the same police that issued a certificate (that should technically be the only thing they should go by). At some point they seemed to be questioning our very existence.

Where do I begin and where do I end. he even laughed a few times as he noted that the permit is nearing another expiration, and he also found it funny that i and my spouse have been this far apart from each other for so long as though it was impossible.

With this pace, what happens if their delay extends to the expiration of the resident permit at the end of the year?

I have been wondering whether to sue them for attempting to question the authority that closed my case; he pretty much seems like he would like to reopen the case; what do you think?

Edited July 31, 2011 by Favoured

[Inky 1,110]

http://www.visajourney.com/forums/topic/322347-can-we-sue-the-london-embassy-for-unprofessional-conduct/

[VanessaTony 3,567]

Where is the mockery of your marriage mentioned? The laughing at being apart? That's not exactly mocking your marriage... Why doesn't she visit you? That could be why he's laughing, you making it seem like USCIS's fault that you're not together when you have other options.

.

[Favoured 0]

The funny thing is that the police record I just go from them only states the arrest, remand, release to court system to try, and acquittal, which still would not feed them the kind of food they want. The funny thing is the transcript will show how they prosecution kept manufacturing and fabricating evidence so obviously that the jury even began to practically request for actual evidence found on my person and my home which they had nothing positive to show for. It just seems so funny that the police shoes not record of all that on their database. It makes me even want to have the court transcript more than they wan it. There was no such thing as reasonable doubt in the case, it was just a set up so evident to the jury that they felt their time was wasted and 8 months of my life was wasted in jail while they looked for evidence. So in other words, the police has got nothing to show for the mistakes they made by wrongfully accusing me. I thought they would at least have more in their system as they initiated the whole process and saw it to the end, nd most of all,they were the instrument used by the prosecution to fabricate laughable evidence. the really sad part here is that we actually expedited so I could see the wife before her deployment which we still ended up missing, but she'd be back in December, but not sure where I would be at that time.

As for the cost of possibly suing them, the mother in-law used to be an immigration lawyer but now an international trades lawyer, so it will not be costing us any thing other than time.

Thanks for your inputs, and please, keep them coming; w appreciate them.

[Ban Hammer 13,346]

duplicate topics have been merged - and moving to the uk regional as it is primarily about the uk.

[Favoured 0]

Where is the mockery of your marriage mentioned? The laughing at being apart? That's not exactly mocking your marriage... Why doesn't she visit you? That could be why he's laughing, you making it seem like USCIS's fault that you're not together when you have other options.

.

She is deployed very often and also juggling her college education the few times she is home. it is usually easier for me to visit her which has been happening for about a couple of times a year for the past 3 years. Not just that he laughed once, but he kept saying something like, ' so u wan me to believe that u only see each other once or twice a year?....hahaha, and he changes the topic to something else, and then comes back to make the same scoffing comment again for about SEVEN times during a 2-hours-long entervew. That is totally uncalled for, maybe that's one of the reasons they do not allow ppl to show up with electronic gadgets that could be used to record their actions and words beside just security reasons. Funny thing is there was another guy he chatted a bit with on the same day for the same IV interview with 2 juvenile convictions on record and time served, and was approved in less than 15 minutes. THAT IS biased NOT discretion.

Right now she is deployed again and will be back in December, and hopefully for good for a very long time. She is typically deployed every other six months for half a year and would jump right back to school the moment she gets back so she can meet her graduation date as her academic goal is for medical school and she cannot take any more online classed at her current level. everything is required t be taken in class for the rest of her academics until she graduates. That is why 'she cannot realistically plan to visit as much as I can, reason why it has always been best for me to make it there and stay with her for some time while she is home.

[richie81 0]

Sounds to me like you needed a subject access report from the police where you were arrested. These cost around £10 and take a few days to obtain.

As for suing USCIS, I wish you luck with that!

[Favoured 0]

Sounds to me like you needed a subject access report from the police where you were arrested. These cost around £10 and take a few days to obtain.

As for suing USCIS, I wish you luck with that!

Hi Richie81,

in the following quote, I was referring to the subject access report but i did not specifically name it on the post:

quote:

[The funny thing is that the police record I just go from them only states the arrest, remand, release to court system to try, and acquittal, which still would not feed them the kind of food they want. The other funny thing is the transcript will show how they prosecution kept manufacturing and fabricating evidence so obviously that the jury even began to practically request for actual evidence found on my person and my home which they had nothing positive to show for. It just seems so funny that the police shows no record of all that on their database. It makes me even want to have the court transcript more than they wan it. There was no such thing as reasonable doubt in the case, it was just a set up so evident to the jury that they felt their time was wasted and 8 months of my life was wasted in jail while they looked for evidence. So in other words, the police has got nothing to show for the mistakes they made by wrongfully accusing me. I thought they would at least have more in their system as they initiated the whole process and saw it to the end, and most of all,they were the instrument used by the prosecution to fabricate laughable evidence. the really sad part here is that we actually expedited so I could see the wife before her deployment which we still ended up missing, but she'd be back in December, but not sure where I would be at that time.

As for the cost of possibly suing them, the mother in-law used to be an immigration lawyer but now an international trades lawyer, so it will not be costing us any thing other than time.

Thanks for your inputs, and please, keep them coming; w appreciate them.]

Edited August 1, 2011 by Favoured

[Jojo92122 1,924]

You cannot sue the US government for what has happened to you. No court outside the US would have jurisdiction over what happens inside the walls of the US Embassy/Consulate.

You are seeking to immigrate/enter the US, so the US government has sole discretion about letting you in. This discretion and your application to enter the US allows the US Embassy/Consulate to question your background. The standard for a criminal conviction in the UK is proof beyond a reasonable doubt. The US in an immigration case does not have to apply the same standard. The US Embassy/Consulate can ask you to provide this information. It is you, the foreign citizen, who wants to come to the US. If you do not comply with the document request, then the US Embassy/Consulate can simply deny your application which is within its discretion.

[Jojo92122 1,924]

The funny thing is that the police record I just go from them only states the arrest, remand, release to court system to try, and acquittal, which still would not feed them the kind of food they want. The funny thing is the transcript will show how they prosecution kept manufacturing and fabricating evidence so obviously that the jury even began to practically request for actual evidence found on my person and my home which they had nothing positive to show for. It just seems so funny that the police shoes not record of all that on their database. It makes me even want to have the court transcript more than they wan it. There was no such thing as reasonable doubt in the case, it was just a set up so evident to the jury that they felt their time was wasted and 8 months of my life was wasted in jail while they looked for evidence. So in other words, the police has got nothing to show for the mistakes they made by wrongfully accusing me. I thought they would at least have more in their system as they initiated the whole process and saw it to the end, nd most of all,they were the instrument used by the prosecution to fabricate laughable evidence. the really sad part here is that we actually expedited so I could see the wife before her deployment which we still ended up missing, but she'd be back in December, but not sure where I would be at that time.

As for the cost of possibly suing them, the mother in-law used to be an immigration lawyer but now an international trades lawyer, so it will not be costing us any thing other than time.

Thanks for your inputs, and please, keep them coming; w appreciate them.

Since your MIL used to be an immigration lawyer, she should be able to tell you if you can sue the US government. What did she say when you asked her about suing the US government?

[Used to be broken 147]

Hi Richie81,

in the following quote, I was referring to the subject access report but i did not specifically name it on the post:

quote:

[The funny thing is that the police record I just go from them only states the arrest, remand, release to court system to try, and acquittal, which still would not feed them the kind of food they want. The other funny thing is the transcript will show how they prosecution kept manufacturing and fabricating evidence so obviously that the jury even began to practically request for actual evidence found on my person and my home which they had nothing positive to show for. It just seems so funny that the police shows no record of all that on their database. It makes me even want to have the court transcript more than they wan it. There was no such thing as reasonable doubt in the case, it was just a set up so evident to the jury that they felt their time was wasted and 8 months of my life was wasted in jail while they looked for evidence. So in other words, the police has got nothing to show for the mistakes they made by wrongfully accusing me. I thought they would at least have more in their system as they initiated the whole process and saw it to the end, and most of all,they were the instrument used by the prosecution to fabricate laughable evidence. the really sad part here is that we actually expedited so I could see the wife before her deployment which we still ended up missing, but she'd be back in December, but not sure where I would be at that time.

As for the cost of possibly suing them, the mother in-law used to be an immigration lawyer but now an international trades lawyer, so it will not be costing us any thing other than time.

Thanks for your inputs, and please, keep them coming; w appreciate them.]

You have no grounds to sue the US Embassy as you are not a US Citizen. They take incarceration for 8 months pretty seriously. Have your spouse call DOS and her senator and see if they can get some answers. Do not get contentious with the Embassy it will not serve you well they have final say.

[Favoured 0]

Since your MIL used to be an immigration lawyer, she should be able to tell you if you can sue the US government. What did she say when you asked her about suing the US government?

The MIL said if she would it would have to be through her daughter, not through me, as in the wife as a defendant and that would have to be after she returns--if something has not happened by then. She did however state that it could be a hand full but not impossible at all, and she may have to work double time as she has tried a case under immigration for almost 3 year now.

In response to the question of a foreign body suing the uscis, this would actually be a us citizen suing her own government...if that makes any sense. I am looking for outside ideas out of curiosity, and to see if there were other avenues I could follow.

thanks for ur responses.