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Ask Jen Marie, Esq. Your Own Question
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4719
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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This is with regards to my question you answered me back on

Customer Question

hi, Jennifer This is with regards ***** ***** question you answered me back on October 8. I filed the appeal, and I am attaching the result. Not good. This is the answer to our appeal of the non renewal of green card for having (wrong information) an alleged
I-407 in the file. The same guy handled the appeal that handled the initial decision, and basically ignored my wife's affidavit that she never completed this form, saying this was not "new information." I guess all he did was look in the same computer screen
he looked at the last time, and re-made the same decision. Isn't the review supposed to be completed by someone other than the original person who made the decision, that is now being reviewed? What now? District Court? We have filed a Privacy Act correction
request to have this information removed from the file. Any other suggestions?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

I'm sorry to hear that. It is normal for it to be reviewed by the same officer who made the original decision, unfortunately. You can try to go to an infopass at the local USCIS office and explain the situation to them and let them know that you do not believe it was reviewed correctly/sufficiently. Ask for a supervisor. You can also let them supervisor know that you may have to contact the Office of the Ombudsman if they refuse to help you (if they are being uncooperative).

You can actually contact the Ombudsman and submit a complaint online but this can be a lengthy wait so you should do other things at the same time if you do need to file a complaint. http://www.dhs.gov/case-assistance

In addition, you can contact your local Congressional representative in your district and seek their assistance with speaking to USCIS on your behalf. Each office has a congressional liason that will communicate with local representatives' office.

You can also try to continue to District Court.

Good luck to you during this process and I hope this answer has helped you!

If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification and I will be glad to clarify. Your satisfaction is my goal.

Please kindly remember to issue a POSITIVE RATING now before you leave this page by choosing from the ratings. This is very important since it is how I receive credit for my service from what you paid.
This question will NOT close after you rate me even though it says "To Finish..". So after rating me, feel free to ask me any follow up questions at no additional cost .

Any bonus you wish to provide will be very appreciated.

If you have other NEW questions in the future, you can make sure that I answer it for you if you start your new question post with the words "FOR JENNIFER " or write it in the Subject Line.

Customer: replied 1 year ago.
I/we have filed Privacy Act requests to the USCIS as well as the Department of State (consulate who inputted the wrong information into the system). I understand that one of the rights under the Privacy Act is the right to have wrong information corrected. So that is exactly what we did. Do you think Robert Cowan will reconsider? Or do you think he will consider the matter "closed" after denying the appeal? Can you tell me what the next stage would be after the appeal is denied? District Court?Of note, we got back an initial response from the Department of State in our first attempt to track down this non-existent I-407 via FOIA request, and they checked the box that says "some or all of the records you have requested do not appear to be Stat Dept records), and then gave us the address for USCIS to re-submit our request! So, would part of the complaint made to court would be making a decision based on wrong information held?Who has access to making changes to this USCIS system to type in wrong information into the system, and how do you get it corrected other than a Privacy Act request?
Expert:  Jen Marie, Esq. replied 1 year ago.

Hi again.. The next stage after denial of appeal can be District Court if you choose to. I hope this has clarified your original question and that you can issue a positive rating.

I'm so sorry but the rest of your questions would not be considered a follow up and it was a low question value.

I'll be happy to answer your additional separate questions if you would like to repost them to my attention.

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