Suing USCIS?

[wizi 0]

Hello,

I'd appreciate some help with my I-485 case, which has been going on since April 24, 2014.

After filling all of the information and a 9 month delay, USCIS replied that my medical exam was expired, though it obviously expired because of the 9 months.

After sending in my medical exam, now they claim that my fingerprints are expired (How does that even happen?) and are further delaying the case.

It has been 1 year and 5 months, which is 4 times as much compared to regular processing times. It has also cost me additional money to get the required documents.

What are my chances of winning a lawsuit and what would I actually win? There is no point of spending more money just to receive my green card, but if I manage to at least get my money back, I'm willing to do it.

Regards,

Wizi

[Ash.1101 1,756]

As long as they show that all of their processing times are within a certain window and they have been working on your case, then you probably wouldn't win, seeing as clearly they're pulling up your case at some point to tell you that you need to do more stuff.

I'm pretty confident almost all things you give them do have some form of expiration. From just a quick google search, it shows that fingerprinting generally "expires" within 15 months.

This is from another immigration help site. I'd say if it's on more than one place, this is considered within the normal/okay scope of things. Even if it might not be to you.



http://www.***removed***/immigration/fingerprints.html

^Website gets removed, but again, simple google searching shows that yes, fingerprints expire and yes they can ask for more when they do.

That said, I'm pretty sure people contact their congressman/ombudsman before trying to sue the government.

Edited September 4, 2015 by Ash.1101

[Pinkrlion 2,724]

Not a chance. It took us almost two years to get our GC. Processing times vary, you can file a case with ombudsman.

[nilx25 18]

Law suit for this.Really? It is every other immigration petitioner's story. So nothing new. Delays are normal and not much you can do. IF you really want to do this legal way, then Good luck finding lawyer who will charge $200 to $300 dollars and hour. Might take them 100 hrs x $200..oh ya $20,000 dollars easily. Not to mention it will take 2 years to finalized court matter.

[Hypnos 6,578]

You will not win any suit against USCIS for such a short amount of time. Adjustment from a K visa can routinely take around a year. As stated above, biometrics expire 15 months after being captured.

There have been cases where people have successfully filed a writ of mandamus against USCIS to compel adjudication on a case, but this is after they have waited for several years with no end in sight. Your case is not like that.

[jan22 3,064]

....There have been cases where people have successfully filed a writ of mandamus against USCIS to compel adjudication on a case, but this is after they have waited for several years with no end in sight. Your case is not like that.

And a writ of mandamus essentially merely requires they process the case to conclusion, not that it be approved. So, if they don't have all of the clearances they need or there is something that is still under investigation, all the writ will do is force a denial of the case.

[aaron2020 11,651]

Hello,

I'd appreciate some help with my I-485 case, which has been going on since April 24, 2014.

After filling all of the information and a 9 month delay, USCIS replied that my medical exam was expired, though it obviously expired because of the 9 months.

After sending in my medical exam, now they claim that my fingerprints are expired (How does that even happen?) and are further delaying the case.

It has been 1 year and 5 months, which is 4 times as much compared to regular processing times. It has also cost me additional money to get the required documents.

What are my chances of winning a lawsuit and what would I actually win? There is zero chances of you winning. You will end up paying a lawyer a lot for nothing. There is no point of spending more money just to receive my green card, but if I manage to at least get my money back, I'm willing to do it. Be patience. Delays are normal. You are not being mistreated.

Regards,

Wizi

[NancyNguyen 1,658]

People tends to have high voice about lawsuit in the U.S.

[KayDeeCee 4,896]

No chance for a lawsuit of any kind, and honestly not sure why you thought there was a case for one. But since you already redid your medical, if you get the new fingerprinting done, you could get a green card soon instead.

If you get the new fingerprinting done and it is still being dragged out, how about contacting the USCIS Ombudsman and your local congressperson to inquire and help you out?

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

[Unidentified 2,930]

Hello,

I'd appreciate some help with my I-485 case, which has been going on since April 24, 2014.

After filling all of the information and a 9 month delay, USCIS replied that my medical exam was expired, though it obviously expired because of the 9 months.

After sending in my medical exam, now they claim that my fingerprints are expired (How does that even happen?) and are further delaying the case.

It has been 1 year and 5 months, which is 4 times as much compared to regular processing times. It has also cost me additional money to get the required documents.

What are my chances of winning a lawsuit and what would I actually win? There is no point of spending more money just to receive my green card, but if I manage to at least get my money back, I'm willing to do it.

Regards,

Wizi

This process takes time and we have to be patient. Don't think suing them is going to result in anything other than more delays in your case (not as a punishment but probably because they're going to have to review everything they've done to your case in order to see if they did something wrong because of the lawsuit)

Fingerprints expire. Simple. Even though we're born with one set of fingerprints doesn't mean they won't change. Stuff happen to our fingers and we get scars and stuff. They need to make sure that your fingerprints looks the same as they did in the beginning of the process when you first gave it to them.

[AB loves AG 54]

It has been 1 year and 5 months, which is 4 times as much compared to regular processing times. It has also cost me additional money to get the required documents.

We filed at almost the exact same time as you, my husband just got his green card a week ago. It took approximately 16 months to get his GC. It took us a year to get the interview. It's outside of processing times, and the waiting is just awful, but you are at their mercy. A lawsuit would be a waste of time, money, and effort on your part. Look on the bright side, you are probably on the final lap!

[ExPatty 502]

I won't throw more onto the pile of you getting nothing from a lawsuit, because that's been done above. You have my sympathy. All of this stuff is a massive, huge pain in the rear. Costs a lot of money and a lot of time and even then you have no guarantees that things will work out. It just sucks. Good luck.

As far as expiry is concerned I think it is less about fingerprints literally changing than USCIS is only allowed to keep them for 15 months or something like that, so at that point the record is purged and they truly don't even have them anymore. I'm sure the NSA has them, but legally they are gone.

[Hypnos 6,578]

Even though we're born with one set of fingerprints doesn't mean they won't change. Stuff happen to our fingers and we get scars and stuff. They need to make sure that your fingerprints looks the same as they did in the beginning of the process when you first gave it to them.

Umm, not quite. Fingerprints do not change. They are formed before birth and remain the same during your entire life.

When USCIS expire your biometrics and make you re-take them, they aren't checking that your fingerprints haven't changed, they're checking your criminal record which is tied to your fingerprints. They're essentially making sure you haven't been arrested/charged with a crime during the intervening period.

Edited September 4, 2015 by Hypnos

[Cathi 5,784]

This process takes time and we have to be patient. Don't think suing them is going to result in anything other than more delays in your case (not as a punishment but probably because they're going to have to review everything they've done to your case in order to see if they did something wrong because of the lawsuit)

Fingerprints expire. Simple. Even though we're born with one set of fingerprints doesn't mean they won't change. Stuff happen to our fingers and we get scars and stuff. They need to make sure that your fingerprints looks the same as they did in the beginning of the process when you first gave it to them.

Fingerprints never change, they are checking to make sure he/she hasn't been arrested in the interim.

[lbreal1 16]

Hello,

I'd appreciate some help with my I-485 case, which has been going on since April 24, 2014.

After filling all of the information and a 9 month delay, USCIS replied that my medical exam was expired, though it obviously expired because of the 9 months.

After sending in my medical exam, now they claim that my fingerprints are expired (How does that even happen?) and are further delaying the case.

It has been 1 year and 5 months, which is 4 times as much compared to regular processing times. It has also cost me additional money to get the required documents.

What are my chances of winning a lawsuit and what would I actually win? There is no point of spending more money just to receive my green card, but if I manage to at least get my money back, I'm willing to do it.

Regards,

Wizi

Very difficult to sue a Federal agency. You will not likely win any monetary award. You can always escalate your case to higher ups in the chain of command.