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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12187
Experience:  Write FOR JAMES to get my help!
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I filed an I130 daughter over 4.5 years ago and 2 weeks ago

Customer Question

Customer: I filed an I130 for my daughter over 4.5 years ago and 2 weeks ago she was sent a letter from the National Visa Center stating that she has to go to the US Embassy in London for her interview for the Visa, she spent over $1400 on Drs xrays travel etc etc she was so excited that the time had finally came, when she got there she waited 2 hours and was told they had made an internal error and processed her as an IR2 vias and she is 28 years old she is the daughter of a US citizen they said they made the mistake and she would have to go back in the queue and wait 3 or 4 more years, what can we do about this, it their mistake and cost her $1400 +
JA: Thanks. Can you give me any more details about your issue?
Customer: I filed an I130 for my daughter over 4.5 years ago and 2 weeks ago she was sent a letter from the National Visa Center stating that she has to go to the US Embassy in London for her interview for the Visa, she spent over $1400 on Drs xrays travel etc etc she was so excited that the time had finally came, when she got there she waited 2 hours and was told they had made an internal error and processed her as an IR2 vias and she is 28 years old she is the daughter of a US citizen they said they made the mistake and she would have to go back in the queue and wait 3 or 4 more years, what can we do about this, it their mistake and cost her $1400 +
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Immigration Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: ok lets do it
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

Please answer the following:

Are you seeking advice about how to recoup the money?

Customer: replied 1 year ago.
No I would rather not get the money back I would rather push the National Visa Center to fix their mistake and get my daughters case Expedited ASAP as the Police report and x rays and Drs visits only last 12 months.
Expert:  Expert James replied 1 year ago.

OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

During this process, please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. When you are giving a rating, please do not rate the state of the law or the outcome of your situation. I cannot control those things. I am just a messenger.

I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. Thank you for your understanding.

ANSWER: Unfortunately, that is not a possibility. They can expedite the processing of a specific case, but only when that case number ***** ***** And in this case, her case number ***** ***** current. Why is that? Because the law clearly states and determine show immigrant visas are issued. There is a queue, based on the number of available visas/green card in any given preference category. They cannot issue visas if there are none available in that category. That is contrary to the law. They would expose themselves to class action lawsuits not only from other folks awaiting visas, but also from the US attorney general.

Moreover, it is a commonly known position of the US government that taking advantage of a USCIS or DOS error can result in significant penalties.

Unfortunately, as terrible as it is - and I am on your side here, it is terrible - there is no way or legal basis upon which your request will be considered. Human error is not a legal basis for creating a legal exception to the rules set forth by congress in allotting immigrant visa numbers.

I'm very sorry. But please do keep in mind that I do not make these rules. You cane here for information, which is what I provided you. But I cannot change the law or the outcome for you, I'm sorry to say. I hope you understand where I am coming from.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.
Ok then if that is the Law how does she get refunded all the money she has paid out because of their error.
Expert:  Expert James replied 1 year ago.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

First, there is no way for me to guarantee that outcome. She did go to a civil surgeon and she did have an examination. The civil surgeon is not obligated to refund any of that.

The only recommendation Ic an make in this regard - and again, I do not make these rules or these decisions, so please do not hold it against me - is to contact the Ombudsman, or to contact an attorney to sure the Department of State to recoup the costs that were incurred, do to the Department of State's error. I can say that the latter is going to be difficult; if one suit is taken up, then millions might follow.

Here is the information for the DOS Ombudsman: http://www.state.gov/s/ombudsman/

Here is contact information for the DHA Ombudsman: http://www.dhs.gov/contact-cisomb

Again, I cannot promise that they can come to a resolution that you will like, but that is the best place to start. I'm very sorry.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

First, there is no way for me to guarantee that outcome. She did go to a civil surgeon and she did have an examination. The civil surgeon is not obligated to refund any of that.

The only recommendation Ic an make in this regard - and again, I do not make these rules or these decisions, so please do not hold it against me - is to contact the Ombudsman, or to contact an attorney to sure the Department of State to recoup the costs that were incurred, do to the Department of State's error. I can say that the latter is going to be difficult; if one suit is taken up, then millions might follow.

Here is the information for the DOS Ombudsman:http://www.state.gov/s/ombudsman/

Here is contact information for the DHA Ombudsman:http://www.dhs.gov/contact-cisomb

Again, I cannot promise that they can come to a resolution that you will like, but that is the best place to start. I'm very sorry.

I hope I have answered your questions. Kindly rate my customer service with apositive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating mycustomer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!