Do I have a legal case against USCIS and/or DHS?

[POA 178]

Hi Fellow VJers,

I’ve been posting and asked for your help a lot and I would need your opinion regarding this matter;

First – Denied the case,

On May 2013 they denied our case, here is the post http://www.visajourney.com/forums/topic/432852-uscis-customer-service-error-merged/. This was corrected on July after filing a complaint to the Ombudsman and refiled the case that leads to the next post.

Second – Refund Request

On February 2014 we called regarding the refund but for some reason they didn’t submit a case and called on March 2014 again and finally they responded asking for more info from us. This is the post the explain more http://www.visajourney.com/forums/topic/495143-request-a-copy-of-i-797c-and-copy-of-payment-from-uscis/ . Again, we filed a complaint to the Ombudsman and needs to wait for 60 days regarding the resolution.

Third – Job Offer Withdrawn due to INVALID result for background check

Here is the post regarding that. http://www.visajourney.com/forums/topic/496456-2-job-offer-was-withdrawn-due-to-invalid-result-from-background-check/page-2#entry7019870 . Now, as per the 3^rd party company Vericon who did the background check, the result is invalid using ssn and name. Called CORELOGIC NATIONAL BACKGROUND who conducted the background check for Vericon, says I am not in their database and could not verify my addresses here, I told them I am a new immigrant and still could not do anything for me.

I tried self-check and found out my name is incorrect. Called Self-check and was told that my name on the system is the incorrect name they have on my first SS card. SSA confirmed that my name was corrected after they verified it with DHS last month and here comes the Self-check people who are supposed to be the people who verifies my employment eligibility who I think are the DHS has my incorrect name ( the name on my first SS card). They asked to me to call NCSC but of course they said they could not do anything and has to go to the local USCIS office.

Bottom of the line is,

I am thinking of filing a formal complaint against USCIS and/or DHS for the mess they have been causing us. I would love to hear your opinion regarding this.

Do you know how and/or who can we file a legal complaint if we have a case?

Thank you so much!

[Girl from Celebes 588]

You can sued the government under the Federal Tort Claims Act (FTCA).

[POA 178]

You can sued the government under the Federal Tort Claims Act (FTCA).

Thank you for the quick response! I will check it out how to start.

[Girl from Celebes 588]

Thank you for the quick response! I will check it out how to start.

You're welcome.

Also, I just found this link. Probably will give you some insight. I am not familiar with FTCA, but I studied it long time ago at law school in my country so I vaguely remember about that.

http://www.burnetti.com/resources/legal-information/what-is-the-federal-tort-claims-act

[POA 178]

You're welcome.

Also, I just found this link. Probably will give you some insight. I am not familiar with FTCA, but I studied it long time ago at law school in my country so I vaguely remember about that.

http://www.burnetti.com/resources/legal-information/what-is-the-federal-tort-claims-act

Thanks again! The only problem is there is no physical damage or injury. It is just too stressful to deal with their negligence that cause us these issues. My husband said it would cost a lot to hire a lawyer and fight for it. It is just too much! A problem after another....

[Girl from Celebes 588]

Thanks again! The only problem is there is no physical damage or injury. It is just too stressful to deal with their negligence that cause us these issues. My husband said it would cost a lot to hire a lawyer and fight for it. It is just too much! A problem after another....

As far as I know, not only physical damage but also other things too. If they wrongful doing their jobs or being negligence to their jobs and caused you a damage - whether emotionally or psychically- I think you can have a chance to sued the federal government. The thing is, yes you need a very competent lawyer and familiar with these cases to represent you. And it means a lot money.

[elmcitymaven 9,712]

If the amount of money you're (properly) asking to be refunded to you for their bungling the I-130 is meaningful, filing a lawsuit in federal court is a bad idea. It's expensive -- this is not a pro se situation. You're going to need to retain counsel for this if you choose to pursue legal action, and that isn't cheap. People will surely pipe up here to recommend seeking out an attorney that will handle your case pro bono, but such attorneys are frankly thin on the ground. Looks like you'd be looking into an action for negligent interference with prospective economic relations (which is an action in tort in California, but I don't know if it is federally). The problem here is that the USCIS/DHS/SSA would have to have known or should have known of your prospective employment relationship, and that relationship would have been disrupted by their actions/inactions.

[POA 178]

Thank you guys for all the suggestions and we will definitely think about it. It just sucks that too much has gone wrong with these processes.

[AnotherLostSoul 167]

Well, I have the same comment...I don't know your financial background (let me correct this: I do NOT want to know) but you would need a really really good attorney for this...and chances are small they are abound...and those that you will find probably going to just drill a hole in your pocket...up to you...

[apple21 953]

Same thing happened to my husband. Simple solution, he made an infopass at USCIS to check his name on the system. There was an error because of the mix up in his first name and middle name that's why his background check turned out negative. It was USCIS error so they changed his GC for free.

No need for lawsuits, IMO. That will only bring you more stress.

[Messybrownhair 251]

First of all, I'm sorry for all the mess you've been through, but what good will suing them do to you? It will cost more time and money for your part, and it may end up leading nowhere. Best to just move on with your life. This whole process is an inconvenience to everyone, and we all just try to deal with it. Plus remember that you are far from done with this process, there is still ROC and Naturalization.

Hope it all works out for you!

[TBoneTX 46,443]

*** Two posts referring to a fictitious law firm have been removed, for clouding the issue and to avoid potentially misleading readers. ***

[David & Diana R 1,005]

You can sued the government under the Federal Tort Claims Act (FTCA).

Yeah. good luck with that!

[Girl from Celebes 588]

Yeah. good luck with that!

Indeed. I gave the OP link about the consequences of taking that chance, .

[David & Diana R 1,005]

Indeed. I gave the OP link about the consequences of taking that chance, .

I'm sorry girl from celebes. I didn't mean to quote your message. Not sure how that happened. I meant to quote the OP's original post. Aloha

Hi Fellow VJers,

I’ve been posting and asked for your help a lot and I would need your opinion regarding this matter;

First – Denied the case,

On May 2013 they denied our case, here is the post http://www.visajourney.com/forums/topic/432852-uscis-customer-service-error-merged/. This was corrected on July after filing a complaint to the Ombudsman and refiled the case that leads to the next post.

Second – Refund Request

On February 2014 we called regarding the refund but for some reason they didn’t submit a case and called on March 2014 again and finally they responded asking for more info from us. This is the post the explain more http://www.visajourney.com/forums/topic/495143-request-a-copy-of-i-797c-and-copy-of-payment-from-uscis/ . Again, we filed a complaint to the Ombudsman and needs to wait for 60 days regarding the resolution.

Third – Job Offer Withdrawn due to INVALID result for background check

Here is the post regarding that. http://www.visajourney.com/forums/topic/496456-2-job-offer-was-withdrawn-due-to-invalid-result-from-background-check/page-2#entry7019870 . Now, as per the 3^rd party company Vericon who did the background check, the result is invalid using ssn and name. Called CORELOGIC NATIONAL BACKGROUND who conducted the background check for Vericon, says I am not in their database and could not verify my addresses here, I told them I am a new immigrant and still could not do anything for me.

I tried self-check and found out my name is incorrect. Called Self-check and was told that my name on the system is the incorrect name they have on my first SS card. SSA confirmed that my name was corrected after they verified it with DHS last month and here comes the Self-check people who are supposed to be the people who verifies my employment eligibility who I think are the DHS has my incorrect name ( the name on my first SS card). They asked to me to call NCSC but of course they said they could not do anything and has to go to the local USCIS office.

Bottom of the line is,

I am thinking of filing a formal complaint against USCIS and/or DHS for the mess they have been causing us. I would love to hear your opinion regarding this.

Do you know how and/or who can we file a legal complaint if we have a case?

Thank you so much!

Yeah, good luck with that!