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How to claim money USCIS is directly responsible for?

Los Angeles, CA |
Filed under: Immigration

According to USCIS's website, the case I had with them SHOULD have been finalized within 3 weeks from the date of filing. However, it took them almost 3 months to get around to it, needless to mention the fact that they "luckily" did so after my repeated attempts to follow up on the case. Meanwhile the application was supposedly being "reviewed", no action whatsoever was being taken and I had suffered severe financial loss. An unbelievably substantial sum of money was spent due to their tardiness & hindrance and despite sending them 2 expedite requests with proof, nothing changed and the requests were denied. It wasn't until I called towards the third month from the time the application was filed that they realized they had been almost 3 months behind and started "processing" it.

Attorney Answers 3


  1. USCIS will not refund you any money absent lawsuit or threat of lawsuit. Even with that, I cannot comment on what valid claims you may have and likelihood of succeeding on it.

    Good luck!

    Legal disclaimer: Mr. Zapata's response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Zapata's statement above does not create an attorney/client relationship.


  2. Welcome to the USCIS world!! For them everything is allowed and permissible, even the biggest f...ups.. They are a government agency.. They never refund a cent. You'd be wasting your time and energy for nothing. Just forget about this and move on.. No matter which way you look at it, it's with a practically "dysfunctional" agency you are dealing with here. Period.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. In no way.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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