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Ray John

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

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Yeah, something's not adding up here. That's, by far, an excessively long period of time for either AOS or an IR-1 visa. But OP also said that the case was denied due to her not showing up for her interview. So...we don't even know where the case is right now (if the case was somehow still open). I think we need a lot more details as this is not a typical case.

 

You cannot sue INS. INS stopped existing decades ago.

You can try to sue USCIS for damages, but I see absolutely no chance for success. I don't even see cause to bring suit personally. You chose to work those jobs. You had an opportunity to press the case or sue for a decision. USCIS is not responsible for what happens to somebody while a case is pending.

If you did want to try to sue anyway (which I do not suggest even trying this fruitless endeavor), this is NOT a DIY case. This isn't like small claims court...you need a professional.attorney.

 

14 minutes ago, Coco8 said:

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

:rofl:

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Wales
Timeline

Hopefully a mad can edit the title, I keep on seeing ISIS.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 minute ago, geowrian said:

You can try to sue USCIS for damages, but I see absolutely no chance for success.

 

The statute of limitations has passed so, besides the chance of success of the case, he would have no case. The statute of limitations is less than 10 years, for sure, sometimes even less than 5 (it varies by state).

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  • Ontarkie changed the title to Sue USCIS in District Court both for adjustment of Status and Money
Filed: Citizen (apr) Country: Canada
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~~Duplicate thread locked. Do not start more then one thread for the same topic. Title also edited~~

~~Thread also moved to General Immigration, from US Immigration News and Discussion~~

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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:pop::wow:

 

That is all.

I'm from the UK, hubby is from Michigan and is a retired US Army LTC.   We are currently stationed overseas.

Here is our immigration journey so far....

10.26.13 - Our wedding in Scotland 

11.26.14 - Filed I-130 at US Consulate, Frankfurt (DCF)

11.18.14 - Returned to Scotland to renew our vows for our first wedding anniversary

01.08.15 - NOA2 received in snail mail, together with case number and Packet 3 instructions

02.15.15 - Submitted Packet 3

02.17.15 - Packet 4 received by email with instructions to schedule medical and interview

02.18.15 - Email authorisation received from Consulate to gain access to appointment calendar

03.03.15 - Medical

03.18.15 - Interview - Approved

03.21.15 - Visa in hand

06.10.15 - POE Chicago (final destination Detroit)

07.20.15 - Received SSN in mail

07.27.15 - Received 2 year green card in mail

The journey to ROC starts here...!

10.05.15 - Returned to Germany on government orders

05.25.17 - Mailed ROC package to California Service Centre

06.14.17 - Received NOA 1 (dated 05.30.17) in mail

09.05.18 - Received a second NOA (dated 08.11.18) in mail granting a further six months extension to green card due to 'processing delays'

11.26.18 - ROC - Approved

12.05.18 - Approval Notice I-797 received in mail

12.18.18 - 10 year green card received in mail

The journey to citizenship starts here...!

 

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Filed: Country: Jamaica
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Yeah, something is not right, he could have gone to Germany with her and lived there.  Case could have been put on hold and changed to DCF when they returned.  He probably entered on visitors visa  and tried to AOS.  If it was denied, why not re apply for AOS.

Phase I - IV - Completed the Immigration Journey 

 

 

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Filed: K-1 Visa Country: Wales
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Working like a Koolie suggests he is in India?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Just now, Boiler said:

Working like a Koolie suggests he is in India?

Or just a familiar expression to him from where he comes from?

 

It seems unlikely to me after 33 years this is going anywhere. Hard really, when most of the pertinent information isn't given.

I can explain it to you. But I can't understand it for you.

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Filed: Citizen (apr) Country: Sweden
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1 minute ago, Boiler said:

Working like a Koolie suggests he is in India?

So he is not even here? Interesting. 

 

OP where is your wife now? Where are you? Have you guys done anything with your case? If you are in India why not just start over with the spousal visa? Why focus on the one they denied? Start over. 





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Filed: Citizen (apr) Country: Taiwan
Timeline

I don't buy it......30+ years in limbo?  Too many missing facts here to warrant help.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Sweden
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Okay so here is what he has sent me on my public profile thingy:

 

"I would like to know I want to take both EOIR and INS to District Court to proof their incompetency for both the Immigration Judge and the INS Examiner and Inspector coming to my home inquiring about my wife. Can I sue both of them and if so what I get from the court adjustment of status or citizenship both file mishandled by the Immigration Court and INS. I have the law what they state on there form and on there site. Both the cases are closed as per what I understand with false decision. Some are saying I have only 10 years Statute limitation, if INS nor Immigration Court have no limitation of there finding then why a beneficiary have any restriction to open the case in District Court. Any real Guru out there. There finding comes after 20 or 30 years too, so why we have limitation if I am not requesting the court for money but just to grant me citizenship without issue of a green card any possibility. Can I take both the INS and Immigration Judge to District Court for making false decision in both the cases one for marriage case and other for asylum case. Any wisdom out there. I am highly thankful to every one who contributed in my case. please let me know right away so I can present all my documents to the District Court by Wednesday. God Bless America and We All  and Happy 4th of July. Two cases are there one approved petition on 04-04-1984 still pending and other case is I ran out of status  and deport able, one case is 35 years old which is marriage case, the other case is 18 years old Political Asylum case. Please need your help both decision are false decision and no one check there work what the hell they are doing. Need help right away. Please help advice needed, if nothing works open both cases as new in District Court. Any Professional advice free of charge."

 

So apparently he has also filed for asylum?

 

He also said in a private message that he is not married. So it looks to me like this is a divorced man living and working out status in the United States (basing that on the asylum thing) and thinks he can get a citizenship.





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