Is it possible to take Uscis to court?
hi there,
My maternal uncle had filed a petition for 4 families at same time and all had priority date of 1985.All families got the immigration around 1997my age at that time was 20 years.Our family also had same date as of other families and my name was in the petition too.When our family didn't hear from Immgratiion even after 1.5 years then my maternal uncle when inquired from Uscis,found that our family file had been misplaced or lost by Uscis.it took 4 years for the case to be reconstructed and due to this additional 4 years delay,my age became over 21 but the rest of family immigrated to usa on old priority date of 1985.We requested many time to Uscis that it was only due to negligence of Uscis that my age became over 21 but sometimes they give excuse that my name was not there in old actual petition which is not true and sometimes they say cspa does not apply to this.
My plea is simple.It does not matter whether my name was in original petition or whether I was under or over 21 at time when my family immigrated.No doubts its due to negligency of Uscis that my family suffered and there was delay of 4 years in actual immigration of my family had Uscis not lost our family file.My parents would have got green card 4 years earlier so it would have been possible for them to sponsor me 4 years earlier,so this delay of 4 years has automatically caused 4 years delay in my immigration.So justice says that these 4 years of delay in my parents filing sponsor petition for me should be adjusted in my waiting list and current delayed priority date that I possess which is now just few months(7-8) away and I am already in Usa.Why should I indirectly suffer for negligency of Uscis,whereas my family already suffered 4 years delay.Who is responsible for this my added 4 years of additional suffering that ihas caused 4-5 years delay in my marriage too as I cannot get married untill I get my immigration and i am getting overaged for marriage.After getting my green card,I wanted to take my would be wife from my home country,as my green card is delayed so there will be delay in my sponsoring my would be wife too,
Even my parents after getting their green card lost 1.5 years in communicating my case to uscis expecting justice ,when they got a negative reply only then my parents filed sponsorship for me so total delay has been of over 5.5 additional years than it would have taken for a normal immigration.everything is delayed in my life due to neglegency of uscis having misplaced or loosing our original old family petition and my life is severely affected.My sister (a US CITIZEN)who stays worried about my age and my current visa which is to expire soon and due to delay caused in my immigration due to negligently misplacing of our original old family file by uscis that she recently had a brain seizure a kind of brain haemorrage.
Please ,I need your comments whether I could take Uscis to court?what is best way for me to stay in usa?What outcome can we expect from this?does the case have any potential though lot depends on Uscis,if they decide to show some mercy on me and my sister's condition.Does this in anyway effect my actual immigration case?Please guide me
Thanks
|