Misconduct by USCIS officer

[jakelake 222]

Does this alleged misconduct have anything to do with the RFE?

 

If not, then you need to deal with the RFE and then file a separate complaint against the officer if you felt you were not treated properly.

 

 

 

 

[Holt 73]

You speak a very good English. 

[sy1983 31]

Did you write this post ? Cause the English here is very good

[theendcomesquick 4]

7 hours ago, SusieQQQ said:

You’re implying that the other lawyer knew what was going on with your case and decided out of the goodness of his heart to help you by saying out loud that they brought an interpreter? (Who presumably wasn’t a spouse)

 

as others have said you are well within your rights, if you believe the officer engaged in misconduct, to lay a complaint with his supervisor. But again as others have said, what do you plan to say? That he first denied, then allowed, your wife to interpret?  Can you show any way in which you were not able to adequately  present the facts of the case in a way that was prejudicial to you because your wife was not initially allowed in? I understand you were nervous, but isn’t an IR application for a parent pretty straightforward- it’s not like a fiancé/spouse visa where you have to prove a genuine relationship through piles of evidence etc? Birth certificate etc, done. Yes?

I wish it was that simple. The problem is that birth certificates from Yemen are considered suspect because they are usually created too long after the birth and don't reflect the real birth date. So we had already one RFE from 10 months ago and we provided affidavits of birth which is the best we could do. Unfortunately pictures from childhood and school records do not exists in the case, only records/pictures from 2011 is what we have. I would have just done the DNA testing from the first RFE if it was necessary but since the embassy is closed in Yemen my mom would need to travel outside to a third country with an embassy.

 

In the end we will just do the DNA testing for my mom and my dad when his turn comes. 

I'm not sure the point of this interview though, since it seems from the beginning of the interview that the officer decided he already did not have enough evidence and this all could have been done through a second RFE instead of an interview? This is also why it is important to have either an interpreter there to understand everything in case there is a word you don't get and you understand why the purpose of the interview.

 

[theendcomesquick 4]

8 hours ago, SusieQQQ said:

You’re implying that the other lawyer knew what was going on with your case and decided out of the goodness of his heart to help you by saying out loud that they brought an interpreter? (Who presumably wasn’t a spouse)

 

as others have said you are well within your rights, if you believe the officer engaged in misconduct, to lay a complaint with his supervisor. But again as others have said, what do you plan to say? That he first denied, then allowed, your wife to interpret?  Can you show any way in which you were not able to adequately  present the facts of the case in a way that was prejudicial to you because your wife was not initially allowed in? I understand you were nervous, but isn’t an IR application for a parent pretty straightforward- it’s not like a fiancé/spouse visa where you have to prove a genuine relationship through piles of evidence etc? Birth certificate etc, done. Yes?

One more thing to add, we petitioned for her in August 2015 and therefore its been almost 2.5 years for this petition. The only contact we had was an initial RFE in feb 2017 which we responded to within 30 days. From that time there has been no movement until this interview. We have made several congressional inquiry for this case so far. I think at least 4. LOL. My case from Yemen was complete with visa in hand in 18 months. So forgive me if I sound exasperated. If they want the DNA evidence just say that its required or else give us some other reason why this is taking 2.5 years when most are finished in 6 months.

Edited December 3, 2017 by theendcomesquick

[NikLR 13,227]

So you didn't respond to a first RFE in an adequate manner, merely so that your mother wouldn't  have to travel and have thus made this harder on yourselves.  

 

Unfortunately people within your country have had issues with the USA.  Your processing times will take longer as a result.  While this is entirely not your fault and completely beyond your control, you have done things that have been within your control that has cost you more time.  From your own journey taking longer than the norm, you should have known the rest would have taken longer as well.  I'm sorry that it's that way for you and no it's not fair, but it is what it is. 

 

For what it's worth your written English is even somewhat better than some US born citizens so I can only assume, perhaps incorrectly, that your spoken English would cause the CO to say, I think you'll understand me.  As to why you were even nervous for an interview for your mother, I'm unsure.  

Edited December 3, 2017 by NikLR

[theendcomesquick 4]

3 minutes ago, NikLR said:

So you didn't respond to a first RFE in an adequate manner, merely so that your mother wouldn't  have to travel and have thus made this harder on yourselves.  

 

Unfortunately people within your country have had issues with the USA.  Your processing times will take longer as a result.  While this is entirely not your fault and completely beyond your control, you have done things that have been within your control that has cost you more time.  From your own journey taking longer than the norm, you should have known the rest would have taken longer as well.  I'm sorry that it's that way for you and no it's not fair, but it is what it is. 

 

For what it's worth your written English is even somewhat better than some US born citizens so I can only assume, perhaps incorrectly, that your spoken English would cause the CO to say, I think you'll understand me.  As to why you were even nervous for an interview for your mother, I'm unsure.  

I have a diagnosed learning disability so that's why I was nervous. And again I was within my rights to request an interpreter. If the rule is that you can only have an interpreter based on your level of English then the rules should say that. But no where does it say that, or if you have found where it says that please quote.

[Dashinka 24,353]

22 minutes ago, theendcomesquick said:

I have a diagnosed learning disability so that's why I was nervous. And again I was within my rights to request an interpreter. If the rule is that you can only have an interpreter based on your level of English then the rules should say that. But no where does it say that, or if you have found where it says that please quote.

I don’t know, this still seems a little obsessive over the entire interpreter issue.  Based on what you just said, did you want your wife there to interpret or to help you relax?  It is certainly understandable if you did, but in reality from the IO perspective, I also think they may have done you a bit of a favor.  They could have denied your wife as an interpreter citing biases, filled out the form properly and let you decide if you wanted to re-schedule the interview bringing an acceptable interpreter, but instead they did take the time to do a second interview even though it appears there was nothing missed via interpretation in the first interview.  Your supposition that the IO did this because of the comment from the passing by lawyer’s comments is just that supposition.  It could have easily been that the IO remembered that they did not document the interpreter denial properly, so they chose to do it again (the interview).  As you stated, the result was the same and now the RFE needs attention.  As others have suggested, I would put all my energy in dealing with the RFE.

 

Good Luck!

[theendcomesquick 4]

5 minutes ago, Bill & Katya said:

 It could have easily been that the IO remembered that they did not document the interpreter denial properly, so they chose to do it again (the interview).  

 

Good Luck!

yes its likely. thank you for your response

[mcdull 474]

22 hours ago, theendcomesquick said:

OK thanks for your opinion an replying. The whole experience just makes me doubt going on another interview without a lawyer present since it seems that some USCIS officers will use the opportunity to take advantage.

What advantage do you have for a USCIS officer to take?

[NikLR 13,227]

1 hour ago, theendcomesquick said:

yes its likely. thank you for your response

 I find it interesting that others have said this same thing but yet you've argued with us.  Perhaps this was the wording you were waiting to hear.  

[theendcomesquick 4]

1 minute ago, NikLR said:

 I find it interesting that others have said this same thing but yet you've argued with us.  Perhaps this was the wording you were waiting to hear.  

Or perhaps you've argued with me. Any maybe you were waiting for a thank you?

[Boiler 45,281]

When I went to my interview most were K1's but I remember that a few had their spouses with them, why is it such a big deal she is there as a translator.

[SusieQQQ 11,586]

4 hours ago, theendcomesquick said:

I wish it was that simple. The problem is that birth certificates from Yemen are considered suspect because they are usually created too long after the birth and don't reflect the real birth date. So we had already one RFE from 10 months ago and we provided affidavits of birth which is the best we could do. Unfortunately pictures from childhood and school records do not exists in the case, only records/pictures from 2011 is what we have. I would have just done the DNA testing from the first RFE if it was necessary but since the embassy is closed in Yemen my mom would need to travel outside to a third country with an embassy.

 

In the end we will just do the DNA testing for my mom and my dad when his turn comes. 

I'm not sure the point of this interview though, since it seems from the beginning of the interview that the officer decided he already did not have enough evidence and this all could have been done through a second RFE instead of an interview? This is also why it is important to have either an interpreter there to understand everything in case there is a word you don't get and you understand why the purpose of the interview.

 

I’m sorry you come from one of those countries where documents are suspect and people have to travel to other counties for interview, however there are a number like this and it’s an unfortunate fact that some people have to undergo more effort than others to get their visas. Yemen is certainly not unique as regards either of those issues and I know other countries both happen too.

 

i still haven’t seen anything that shows me that the initial refusal of an interpreter prejudiced your case. Does your learning disability impact on your ability to have a verbal conversation, in English? If so did you disclose this to the interviewing officer at the start of your interview? Just being nervous isn’t a “reason”, most everyone is nervous when they have uscis or consular interviews.

 

Edited December 3, 2017 by SusieQQQ

[theendcomesquick 4]

11 minutes ago, SusieQQQ said:

I’m sorry you come from one of those countries where documents are suspect and people have to travel to other counties for interview, however there are a number like this and it’s an unfortunate fact that some people have to undergo more effort than others to get their visas. Yemen is certainly not unique as regards either of those issues and I know other countries both happen too.

 

i still haven’t seen anything that shows me that the initial refusal of an interpreter prejudiced your case. Does your learning disability impact on your ability to have a verbal conversation? If so did you disclose this to the interviewing officer at the start of your interview?

 

Yes we did. I have a note from a neuro psych explaining my condition we presented to him. I have also presented this letter other times for other interviews. But anyway it shouldn't be necessary to disclose as i have a right to an interpreter either with or without a disability, correct?
 

Anyway thank you for your input and your response.

Edited December 3, 2017 by theendcomesquick