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Posted

I've seen a couple threads about this, I know it's somewhat of a ridiculous question, but I am about half serious.

Could I sue USCIS for pain and suffering?

After 1.5 years of awful red tape and lies and misdirection, I was finally able to have my foreign husband move to the USA. These months were so wrought with frustration and anger that at times I felt like I wanted to give up. We're now happily in the USA and because the two year mark is coming up I decided to start looking up requirements for removal of conditions. When I came to this website I was flooded with terrible memories. I got so upset remembering everything we had to go through to get here to begin with that I had to stop reading and try to focus on something else. It's like I have a mild case of PTSD.

So it made me think- could I sue USCIS for this? I won't because I don't have the time, resources or patience for it, but I do hope someone one day does. The USA is a pretty sue-happy country and I think this could have a leg to stand on, with the right team involved. This process should not be so difficult.

N-400 May 2017 Google Doc

Full timeline- 

 

Filed from abroad- Costa Rica

NOA1- NOA2: 316 days

Jan 12, 2013: Married!!
Mar 19, 2013: NOA1

Jan 28, 2014: I-130 approved

NVC- Green Card in Hand: 189 days

Feb 3, 2014: TSC sends case to NVC
April 14: Real checklist for AOS (saying tax number was incorrect when it wasn't)
April 30: Another AOS checklist, for proof of employment (which was already sent)
May 1: Checklist for IV- certified marriage certificate (even though I sent a certified one originally)
July 1: INTERVIEW!!! - APPROVED!
July 16: POE through Miami
July 22: SSN card in the mail
August 30, 2014: Green card arrives in the mail!!!
 
ROC: 366 days
April 27, 2016: Sent 300 page ROC packet to VSC via overnight mail
May 16: Check shown as charged online, received NOA 1 dated April 29
June 20, 2016- Biometrics
April 28, 2017: Approval
May 4, 2017: Approval letter arrived
May 15, 2017: GC arrives in mail
 
N-400: 190 days
May 8: Sent packet to Dallas Lockbox
May 12: NOA 1, Credit card charged
June 7: Biometrics
June 16: "In line"
Oct 2: Interview letter arrives (online status still says ''in line'')
Oct 31: Interview- Approved!
Nov 13: Oath ceremony!  Applied for passport & registered to vote on site.
Nov 22: Passport arrives (paid for expedited service and overnight delivery)
 
Journey complete! A total of 1701 days or 4 years, 7 months and 26 days.
Posted

Yes, you can sue.

You will not win, but you can do it.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Sounds like just another class action opportunity where the plaintiffs' lawyers make some bucks, the plaintiffs are compensated by receiving a booklet of postage stamps, and future USCIS customers will be rewarded with higher fees and further lackluster service.....Pass.

YMMV

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted

I was married over 5 years before finally approved / I did see a lawyer / said any lawsuit would not help getting a visa and would take 7 years to get to court

with everything i had to do for immigration, it costs me over $35,000 and i have kept all the prove.

you really can't win against the system

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Agree with above - you can sue anyone, for anything. I actually had a good experience with California Service Center today. The US Postal Service misplaced an overnight RFE package I sent, so I called California for some advice. I got through to a human being in a couple of minutes and my questions were answered clearly and with a very friendly attitude.

Let's take the victories and give praise and a few "thank yous" to the employees that do a good job. We need more of them. :joy:

Filed: Timeline
Posted

I've seen a couple threads about this, I know it's somewhat of a ridiculous question, but I am about half serious.

Could I sue USCIS for pain and suffering?

After 1.5 years of awful red tape and lies and misdirection, I was finally able to have my foreign husband move to the USA. These months were so wrought with frustration and anger that at times I felt like I wanted to give up. We're now happily in the USA and because the two year mark is coming up I decided to start looking up requirements for removal of conditions. When I came to this website I was flooded with terrible memories. I got so upset remembering everything we had to go through to get here to begin with that I had to stop reading and try to focus on something else. It's like I have a mild case of PTSD.

So it made me think- could I sue USCIS for this? I won't because I don't have the time, resources or patience for it, but I do hope someone one day does. The USA is a pretty sue-happy country and I think this could have a leg to stand on, with the right team involved. This process should not be so difficult.

Anyone can file a lawsuit.

There is no leg to stand on to sue for P&S. There is no right team to sue for going through the immigration process.

The process would not be difficult because the court will dismiss the case with a summary judgment.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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