Can I sue the USCIS for losing my status of change documents

Viewed 139 times. Posted about 1 year ago in Immigration

Sue The USCIS: SUMMARY: My application to get a Green Card required a Status of Change (from H-1b). Due to unseen circumstances, my spouse was unable to make the appointment date. We sent out for a Motion To Reopen. Mailing proof for this is available. The USCIS sub-office say they received no further documents and put me on a denied status.

The Motion To Reopen was filed in May 08 and no answer yet. My EAD is about to expire (Nov. 08).

1) I may have to miss work (loss of income) and am not sure if I will be re-instated

2) The USCIS has put me in a denied status and have not made an effort to respond to the Motion To Reopen

Questions:

a) With this, do I have a case against the sub-office?. If so, how may I need to go about it?. Any recommendations for a good attorney?

b) Is there anything I can do to get a faster response from them?

Answers (1)

Yunior Pineiro

This attorney is licensed in Florida. Posted about 1 year ago.

One of the things I would suggest is that you re-start your process. If you have proof of mailing and receipt of the initial application, you at least have something to work with. With regard to your motion to reopen, however, your may be looking at a very long time. Your original application was likely deemed abandoned if you failed to respond to further inquiries from USCIS. An original application will very likely run faster and smoother. This part of the answer goes to what you can do to speed up the process.

As to the question about suing USCIS, I say BE CAREFUL with this double-edge knife. While there are ways to sue the government in these cases, the cases are expensive, possibly time consuming, and may hurt you in the end (i.e. if you sue the government and there is something negative in your file, you will certainly suffer the consequences of forcing the government to act). You may be biting off your nose to spite your face.