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Ray
Ray, Lawyer
Category: Legal
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Experience:  29 years in civil, probate, real estate, elder law
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Has Immigration or the Department of States ever been sued

Customer Question

Has Immigration or the Department of States ever been sued by a person asking for a fiance?
Submitted: 4 years ago.
Category: Legal
Expert:  Ray replied 4 years ago.
Thanks for your question.Certainly they get sued all the time.This is your chance to appeal here after any denial.You can seek judicial review.You woudl need lawyer that practices immigration law here in the U.S.But you always have additional chance to seek review.

Reference.

§ 336.9 Judicial review of denial determinations on applications for naturalization.
top

(a) General. The provisions in part 310 of this chapter shall provide the sole and exclusive procedures for requesting judicial review of final determinations on applications for naturalization made pursuant to section 336(a) of the Act and the provisions of this chapter by the Service on or after October 1, 1991.

(b) Filing a petition. Under these procedures an applicant shall file a petition for review in the United States District Court having jurisdiction over his or her place of residence, in accordance with chapter 7 of title 5, United States Code, within a period of not more than 120 days after the Service's final determination. The petition for review shall be brought against the Immigration and Naturalization Service, and service of the petition for review shall be made upon the Attorney General of the United States, and upon the official in charge of the Service office where the hearing was held pursuant to §336.2.

(c) Standard of review. The review will be de novo, and the court will make its own findings of fact and conclusions of law. The court may also conduct, at the request of the petitioner, a hearing de novo on the application for naturalization.

(d) Exhaustion of remedies. A Service determination denying an application for naturalization under section 335(a) of the Act shall not be subject to judicial review until the applicant has exhausted those administrative remedies available to the applicant under section 336 of the Act. Every petition for judicial review shall state whether the validity of the final determination to deny an application for naturalization has been upheld in any prior administrative proceeding and, if so, the nature and date of such proceeding and the forum in which such proceeding took place.



Edited by RayAnswers on 6/1/2010 at 12:17 AM EST
Customer: replied 4 years ago.
Oh I 'm sorry, I know if you get denied you can appeal. Let me refrase my question. The suing I am talking about is for, discrimination, lying, wasting the time me and my fiance could have been together, causing me a lot of undue stress which keeps me unhealthy, just like if I was suing a regular person for damages.
Expert:  Ray replied 4 years ago.
You can sue a federal agency here and claims damages.It has been done.You can claim denial of your civil rights.
Customer: replied 4 years ago.
Do you know of a good lawyer here in Orlando, Florida that does not charge much for this and is also not a shiester? I have known too many people here in Orlando that have been ripped off by immigration lawyers. They have lost their money and nothing has been done on their cases.
Expert:  Ray replied 4 years ago.
Use the Florida Bar, they prescreen here and its legitimate lawyers here.Call tomorow..

Do you need help finding an attorney? The Florida Bar Lawyer Referral Service provides referrals to private attorneys in Dade and 46 other counties in Florida, in all areas of the law. Their toll free number is:

1-800-342-8011

Customer: replied 4 years ago.
Relist: Answer quality.
I do not feel satisfied with paying $38 for a phone number I can get for free in the phone book. I also know you can sue anybody you please in the courts as I work for the Judicial Dept. of the Orange County Sheriff. I thought I was going to get a better insight to my problem.
Expert:  Ray replied 4 years ago.
good luck

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