bosacafe75@aol

Can a USCIS officer that is investigating ones case be sued or are they immune?
I feel that this officer has already predetermined my husbands immigration visa petition and I submitted all the required evidence and I feel what I submitted was sufficient enough. So I was thinking about filing a writ of Mandamus before the revocation or approval is issued. I am afraid in case this officer issues a reocation I can get the courts to intervene and make sure proper action is taking place. any suggestions?

ian-mstm

Well, just because you feel you submitted sufficient evidence does not make it so. Mandamus requires that the agent neglected or refused to do his duty. The fact that he may have predetermined the course of action he would take doesn't necessarily mean that he neglected his duty. I would think that predetermining a course of action proves, in fact, that he has not neglected his duty.

Ian

bosacafe75@aol

So you are telling me when an officer makes statements that seem discriminatory means he is doing his duty? especially when it is a statement without hard core evidence. for an officer to revoke a petition based on certain allegations they would need hardcore facts. No officer has any right to deny the spouse of an american citizen without any hard core facts.
If that were the case that person would be revoking just about anyone he/she pleases based on his feelings towards that individual.
if that is doing his/her duty then sorry thats not what I nor anyone else thought they were there for. Especially when I countered their allegations with actual facts to prove what they said was wrong.
what happened in 9/11 does not give any person the authority to green light discriminatory remarks even if it is a person working in immigration. You wouldnt accept it and i wouldnt accept it.

Rete

Is this about a third parties dealing with the US Consulate in the Mideast or has it suddenly become about you and your second husband?

As per our original posting:

http://britishexpats.com/forum/showt...fe75%40aol.com

You were inquiring about a USC woman who had married a Muslim before and was subsequently divorced by the husband. She then went on to marry a second time to a much younger man and the US Consulate is denying her husband's visa because she failed to answer questions correctly.

I'm confused as to your involvement in this matter and why YOU want to sue the USCIS if the case is being denied at the US Consulate overseas? Are you this person's immediate relative or perhaps an attorney?

Rete

Rete

PS you don't sue the individual ... you sue the agency

Folinskyinla

Hi:

She should get an attorney. However, under the rubric that the "King can do no wrong" -- you DO sue an individual. For example -- Tom Ridge might be appropriate.

bosacafe75@aol

No the person that posted was my friend whom was helping me finding info on the matter. and since she is already registered in these posts I use her name, sorry for any confusion.
I am the petitioner for my husbands case.
We confronted the divorce issue and I proved that I didnt know about the actual divorce so that was taken care of. but the other allegation regarding women in the Arab culture do not marry younger men, etc etc. This wasnt based on facts at all just opinions. I feel like i am in tennis match and I just wish I had filed from the States I think it would have been easier at least there are offices I can go to and people I can speak to.
and now I just want someone to interefere and tell this person to revaluate the case the correct way and to stop throwing opinianted allegations that make no sense.

Rete

Just the individual or the individual and the agency?

bosacafe75@aol

"The jerusalem consulate sends their unapprovable petitions to the Athens USCIS office for further review."

Rete

Filing from the states would not have helped. Your husband still would have had to attend an interview in the US Consulate, unless, of course, was able to be in the US and did not have to return to the Mideast.

Personally, I feel that the examiner was evaluating the case in the correct manner. Your age difference is highly unusual in the culture and to overcome it you have to go to extraordinary lengths. I feel that you failed to do that because you did not know the simple questions regarding your spouses siblings and your wedding guests.

If you have the money hire a very good immigration attorney who is willing to step into a do-it-yourselfer's case. Or resign yourself to living in the Mideast with your husband. personally, I don't know what else you can do.

Rete

bosacafe75@aol

I thought in this case I would start at the officer and that Tom Ridge would be the last resort due to the recent case:
Rumsfeld v. Padilla , No. 03-1027, the Supreme Court addressed the question of who is the proper respondent to a habeas corpus petition filed under 28 U.S.C. § 2241 by a U.S. citizen challenging detention as an enemy combatant.
Didnt they tell him that the appropriate person to sue was his Brig? Or am I mistaken?

bosacafe75@aol

Actually it turns out that it isnt socially unacceptable, I recently found out that the Bureau of Statistics located in each individual Arab country shows that at least 10% of the total registered marriages each year are women whom are older than their husband by at leat6 years, I am 7 years older than my husband. And to this day I still cant name all of his nine siblings.
even my best freind cant even remember all of my 8 siblings. (

Roong_Rob

Actually, since my fiancee has 12 siblings (i.e. 13 Total children and half-children), I have worried that at some point someone might ask me to name her 12 siblings. Considering they are all Thai names which are extremely difficult for foreigners to learn, I am hoping this question never comes up.

Since we are doing the traditional I-129F fiancee visa petition to K-1 visa, I do not think anyone in USCIS or the Embassy will ever interview me until AOS which is quite some time away.

ian-mstm

Nowhere in your original post do you mention that discriminatory statements were made. You asked about a Writ of
Mandemus and I offered an opinion. You didn't include anything else about the problem nor that this seems to be an ongoing situation for you. Perhaps if you were more specific, you might have received a different opinion.


I don't care what you wouldn't accept - but don't *ever* dare to presume what I would or wouldn't accept.

Ian

bosacafe75@aol

My siblings names are VERY HARD to say and remember even if my husband is also Arab. my parents thought it would be cool to name all of us with the same first 2 letters, they are all tongue twisters, just never thought it would bite me in the ass when it came to interviews at the american consulate.