Sue USCIS in District Court both for adjustment of Status and Money

[Ray John 0]

It has been 35 years that USCIS had decided falls decision in my case, whenever I go see them they say will let you know by mail, the case is still pending, I even told them that it is an approved petition and you cannot hold that, my wife was in the army stationed at Germany she was interviewed by local office and her leave order was accepted as she was deployed in Germany, Immediate relative petition was approved on 04-04-1984 and the Examiner and Inspector looking for wife. I said she is in the Army and does not have to present for interview and her leave order takes her place. Then after two years later they made a false decision that as she did not appear for interview without any excuse the case in denied. Her excuse is in the file. Later I go to there office they ask me where is my wife I said she is in Germany they tell me will let yo know by mail. Till this day the case is pending or false decision is made in the case. I want to take them to the court, my only question to the reader is that I am a college graduate and as they did not adjudicate my case in timely manner I worked like Koolie which means odd jobs and labor jobs. So health is the ground on which I want to sue INS. My question does the District Court only have the power to WOM the USCIS or the court can also order the USCIS to pay for my health problem, means doing these hard labor job has torn my ligaments and tendons and I have poor health and cannot even sleep because the whole body aches. Please an honest answer will help me to plead my case. I do not want any paid advice as I do not have any money. I will go as Pro Se and deposit my forms and related material to the District Court. Your early action will highly be appreciated. I want to sue them for a million bucks. Please an honest advice is needed right away. Happy Independent's Day to all my fellow human being who love to give help for free. 

[Springrain22 427]

Want to sue USCIS? Oh... Good luck with that.

 

And good luck with any future approvals.

[Georgia16 2,858]

I mean really? ... It won't get you anywhere and $1,000,000 + paid health care?

 

You need to get your act together and stop blaming them for your health problems and lack of money and what ever.

 

If you feel like your case is being held op try and get help from your senator og ombudsmann.

 

 

[JFH 12,189]

I have mixed feelings about suing government departments. Ultimately you are suing (and hoping for compensation) from the taxpayer who has done nothing wrong. The government employees involved - even if found to be in the wrong - won't be paying anything out of their own pockets. 

 

And what would suing achieve? The satisfaction that you were right and they were wrong? It won't get back the lost time with your wife. 

 

Have you considered moving to her? I feel there is a lot more to this story then is being revealed here. 

Edited July 3, 2017 by JFH

[Lemonslice 4,553]

39 minutes ago, Ray John said:

It has been 35 years that USCIS had decided falls decision in my case, whenever I go see them they say will let you know by mail, the case is still pending, I even told them that it is an approved petition and you cannot hold that, my wife was in the army stationed at Germany she was interviewed by local office and her leave order was accepted as she was deployed in Germany, Immediate relative petition was approved on 04-04-1984 and the Examiner and Inspector looking for wife. I said she is in the Army and does not have to present for interview and her leave order takes her place. Then after two years later they made a false decision that as she did not appear for interview without any excuse the case in denied. Her excuse is in the file. Later I go to there office they ask me where is my wife I said she is in Germany they tell me will let yo know by mail. Till this day the case is pending or false decision is made in the case. I want to take them to the court, my only question to the reader is that I am a college graduate and as they did not adjudicate my case in timely manner I worked like Koolie which means odd jobs and labor jobs. So health is the ground on which I want to sue INS. My question does the District Court only have the power to WOM the USCIS or the court can also order the USCIS to pay for my health problem, means doing these hard labor job has torn my ligaments and tendons and I have poor health and cannot even sleep because the whole body aches. Please an honest answer will help me to plead my case. I do not want any paid advice as I do not have any money. I will go as Pro Se and deposit my forms and related material to the District Court. Your early action will highly be appreciated. I want to sue them for a million bucks. Please an honest advice is needed right away. Happy Independent's Day to all my fellow human being who love to give help for free. 

Lawyers/immigrant centers offer help at no cost in different cities, you might get assistance there. How did you enter the USA and are you still married (sorry night have missed that detail in the real text)? When did you last interact with USCIS?

 

Also, court might ask why you didn't follow up in a timely manner to mitigate the damages you're now suing them for.

Edited July 3, 2017 by Lemonslice

[Ben&Zian 4,397]

You can try; but the likeliness of you getting anything out of it is probably none. While obviously a tough situation, they can easily counter back with "You chose that type of work". 

 

Something else is missing in this story though as theres a large gap of time missing. If they have failed to make a decision in 35 years, is this with original petition or have you ever tried to pull it and resubmit a new one? There seems like a lot more that could have been done than waiting for this long.

[Coco8 1,039]

It is very hard to prove that they did anything wrong. Bureaucrats have discretion to make decisions. Sure, it has to be within the law, but that gives them discretion.  Moreover, if they made the decision you are complaining about 35 years ago, the statute of limitations has passed to file any complaint. 

 

Also, and I apologize for saying this, but your English is not very good so there could have been miscommunication here. Maybe their main problem was not that your wife was not present at the interview, maybe they needed more evidence of bona fide marriage.

 

What I am confused about is if you are still waiting for them to make a decision on your case. If so, you need a lawyer. 

Edited July 3, 2017 by Coco8

[Georgia16 2,858]

3 minutes ago, Coco8 said:

It is very hard to prove that they did anything wrong. Bureaucrats have discretion to make decisions. Sure, it has to be within the law, but that gives them discretion.  Moreover, if they made the decision you are complaining about 35 years ago, the statute of limitations has passed to file any complaint. 

 

Also, and I apologize for saying this, but your English is not very good so there could have been miscommunication here. Maybe there main problem was not that your wife was not present at the interview.

 

What I am confused about is if you are still waiting for them to make a decision on your case. If so, you need a lawyer. 

So he is the Beneficiary and wife who lives in Germany is the USC?

 

Bit confused here. Why do they even need a spouse visa for the US then? 

[Unshakable Faith 493]

Not to mention that immigration is not a right, it's a privilege.  You can't sue a country for not accepting you or your petition.  There's also probably no recourse for any "damages" because you could have gone back to your country (if you're in the US) and lived your life there.  You can't sue for decisions you made in life and your lack of being proactive about your case. 

Edited July 3, 2017 by Unshakable Faith

[Ben&Zian 4,397]

Anyone else get the email with more specific information? Kind of makes me have even more questions about this whole ordeal.

[Coco8 1,039]

10 minutes ago, Georgia16 said:

So he is the Beneficiary and wife who lives in Germany is the USC?

 

Bit confused here. Why do they even need a spouse visa for the US then? 

I  think the wife was in the U.S. Army and stationed in Germany. 

 

Yes, I am confused too. Also, I doubt the wife has been stationed in Germany since 1984. At some point she came back. 

[Lemonslice 4,553]

9 minutes ago, Ben&Zian said:

Anyone else get the email with more specific information? Kind of makes me have even more questions about this whole ordeal.

Pm please ? 

[Georgia16 2,858]

5 minutes ago, Coco8 said:

I  think the wife was in the U.S. Army and stationed in Germany. 

 

Yes, I am confused too. Also, I doubt the wife has been stationed in Germany since 1984. At some point she came back. 

Yes something is definitely not adding up to all this.

 

[Boiler 43,428]

1984 to now is 33 years.

[Coco8 1,039]

34 minutes ago, Ben&Zian said:

Anyone else get the email with more specific information? Kind of makes me have even more questions about this whole ordeal.

Yes

 

25 minutes ago, Lemonslice said:

Pm please ? 

The guy says he wants to sue them to get citizenship because he didn't get the GC in 1984. 

 

1 hour ago, Ray John said:

It has been 35 years that USCIS had decided falls decision in my case...

Are you in the US? Are you still married? Your goal should be to fix your case with USCIS and get the green card. This thing about suing them is absurd. If you are out of status you will get deported and your case will be dismissed. 

 

If you are still married you should get a lawyer and get the green card. If you got divorced, you might be able to get a GC but you still need a lawyer.

 

You need to face reality. I am thinking you are probably at least in your 50s so you need to fix it and move on with your life.