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ionianrain

RFE loss of documents; can one sue the USCIS?

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Filed: K-1 Visa Country: Colombia
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We have sent all the docs necessary to the USCIS VT Office.

Turned to be according to THEIR letter to us (N.O.A.) that they 've lost a few. Unfortunately among those lost, are our Bank Statements: which means they could have fallen into hands of those that can mess with our livelihood (given the sensitive data they include).

Called the USCIS and no one wanted to give a DIRECT answer as to what happened to our documents that were lost. Therefore:

Question #1: who can find those documents or who will take responsibility for their loss?

Most likely on this question there is no real answer so here comes the most important one:

Question #2: can we sue these guys up there in this office?

I mean, someone has to pay... if we would have lost something the government would have entrusted us with, we wouldn't be talking right now...
Any serious answers would be appreciated.

Thanks

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Sorry to hear that you're going through this issue with uscis. I'm no expert on this and can only make suggestions.

1.) Since calling them wasn't getting you anywhere, you can make an INFOPASS appointment. This way you get to talk to an actual immigration officer/adjudicator about your case. At least they will be able to give you direct answers.

http://infopass.uscis.gov/

2.) If the infopass doesn't work, request case assistance from the CIS Ombudsman. If they can't find those papers, at least some will take responsibility over investigating it.

http://www.dhs.gov/ombudsman-case-assistance

3.) If nothing works and you still want to pursue this, contact the Homeland Security Office of Inspector General. I think they oversee the quality of uscis processes/procedures.

http://www.oig.dhs.gov/index.php?option=com_content&view=article&id=120&Itemid=1

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Filed: Citizen (apr) Country: Nigeria
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Can you prove that those documents were in the package that you sent ? If not then you are out of luck. Standard procedure would be to shred any documents that can't be reunited with their files. ( Did you write your names / case numbers / ssn on every sheet of your file ? ) I would suggest you just reprint the required documents and move on. If you try to sue your file may become part of their evidence and held until the investigation is over before it is returned into the processing que

This will not be over quickly. You will not enjoy this.

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Filed: K-1 Visa Country: Canada
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If you're concerned about mitigating damages about your bank statements falling into the wrong hands, contact your bank. They should be able to work some black magic to protect your interests.

May 29, 2013 - Finally!!! I-129F and associated forms delivered!

June 3, 2013 - NOA1!

August 19, 2013 - NOA2! (email)

October 10, 2013 - NVC has our case, Vancouver number assigned

***Communications with Vancouver begging to put my case on hold a while due to house not selling!!!***

February 18, 2014 - Packet 3 Submitted

February 20, 2014 - Packet 4!!

May 5, 2014 - Medical

May 7, 2014 - Consulate Interview

May 13, 2014 - K1 visa in hand!!!

July 2, 2014 - POE (Sweetgrass)<p>

July 23, 2014 - apply for EI (mother of god that was confusing...)<p>

August 11, 2014 - finally get hitched!

September 16, 2014 - send off AOS/AP/EAD

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I would just re-send the bank documents and inform your bank. Btw, you are able to black out sensitive info like account numbers etc as far as I'm aware to prevent this very thing from happening. Just use a Sharpie.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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