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Thread: Can I sue the US State Dept. for Civil Rights violations?

  1. #1
    I am a US citizen. US Justice Dept. approved my petition for K-3 visa for my wife. The US Embassy in my native country refused to issue the K-3 visa. Because of the high rate of relationship fraud in Africa, the US Embassy demanded we take DNA testing. My wife and I do not have any children. We took the DNA test. The DNA clinic said the test shows that I am not my wife's father, but the most likely relationship is that I am her uncle. The Clinic said there is 90% probability that I am my wife's uncle. The only DNA samples the Clinic had was mine and that of my wife. It did not have any DNA samples from any of my in-laws. There isn't even a 0.00000000000000001% probability that my wife and I could be blood related.
    It is almost two years since the US Embassy claimed to have returned my already approved petition to DHS for revocation. I have written, telephoned to DHS, to BCIS, National Visa Center... but nobody can find my returned visa. My case is in limbo which is worse than hell. Now the US Embassy says it has sent another copy of my petition, but refuses to tell me who or exactly which office it is returning my petion to be revoked.

    What kind of DNA verdict is "There is 90% probability that the relationship is uncle-niece! What kind of DNA verdict is: "The most likely criminal is Haile!" I am going to sue the DNA clinic. But the US Embassy in my native country has also violated my civil rights again and again. How do I go about suing the State Dept? Please help. Thanks

  2. #2
    I am a US citizen. US Justice Dept. approved my petition for K-3 visa for my wife. The US Embassy in my native country refused to issue the K-3 visa. Because of the high rate of relationship fraud in Africa, the US Embassy demanded we take DNA testing. My wife and I do not have any children. We took the DNA test. The DNA clinic said the test shows that I am not my wife's father, but the most likely relationship is that I am her uncle. The Clinic said there is 90% probability that I am my wife's uncle. The only DNA samples the Clinic had was mine and that of my wife. It did not have any DNA samples from any of my in-laws. There isn't even a 0.00000000000000001% probability that my wife and I could be blood related.
    It is almost two years since the US Embassy claimed to have returned my already approved petition to DHS for revocation. I have written, telephoned to DHS, to BCIS, National Visa Center... but nobody can find my returned visa. My case is in limbo which is worse than hell. Now the US Embassy says it has sent another copy of my petition, but refuses to tell me who or exactly which office it is returning my petion to be revoked.

    What kind of DNA verdict is "There is 90% probability that the relationship is uncle-niece! What kind of DNA verdict is: "The most likely criminal is Haile!" I am going to sue the DNA clinic. But the US Embassy in my native country has also violated my civil rights again and again. How do I go about suing the State Dept? Please help. Thanks

  3. #3
    Hi Metmiku,

    I am african myself, so relax I am not trying to discourage you but I will ask you this: do you want to get your wife in US or not?

    Do you want to sue US govment? How rich are you? Are you dreaming or what?

    First of all, you need to know that there is a difference between written and unwritten laws. You maybe USC, but trust me you will never be treated like an european who became USC. It's unfortunate, but its the truth. So, chill out and try to get your wife here.

    Here is the situation:

    You want to challenge the system? It will swallow you. They can even create trouble for you, remove your citizenship and ship you back to Africa. Remember, it does not matter how clean you are, there always is away to mess you up.

    Another thing also. How did you behave with the Ambassy? Sometimes it's all about how you deal with people. US ambassies have legitimate reason to treat people the way they do in third world countries. It's up to you to show them that you are a respectable person. And you cannot accomplish that by challenging them.

    One last thought: it's worthless to solely rely on written laws because people will always find ways around them. So, instead of crying out loud that you are USC, find a smart way to get your case approved. Hope this helps.

  4. #4
    When it comes down to it, issuing visas is solely at the discretion of the Embassy or consulate. Suing will do no good. Your wife has no "right" to a visa, even if she's married to a U.S. citizen. Your best bet as the other poster has said is to calm down, then contact your Congresspeople for assistance. Explain the situation to them calmly and clearly, and maybe even see if you can get another DNA test. Labs have been known to be wrong.

  5. #5
    Michael
    Guest
    We have too many negroes here already. America is for white people.

  6. #6
    Thank you Cisse for your suggestions. Yes, they can swallow me (to use your words) or they can crush me if I stand alone against abuse and injustice by public employees. But if we stand together, we will win over these bad apples at US Embassies who think they are above the law and break the rules, regulations and procedures which are there to protect everybody's equal rights and civil rights.
    The Internet is here to unite us and hold us together. Just like this website helps us communicate and exchange ideas. If we could have a website where we could expose abuse and injustice at US Embassies, we'll bring about a lot of change. Decent people will not tolerate abuse and injustice by public employees. Ater all we pay their salaries with our tax monies and they are there to serve us and protect our civil rights and equal rights.
    I think in my case the question is how to expose abuse and injustice by one specific class of public employees -- the bad apples among US Embassy employees. Can we build on the internet such a forum? What are the skills and tools we'll need? Then, we'll join hands with another group exposing corruption, injustice... among another group of public employees. This way we'll grow and grow, and we'll have a voice. If we have a collective voice, our Senators and Congressmen will not ignore us. The State Department will not ignore our Representatives. The US Embassies will pay attention. Now, they are fiefdoms. They are often infected by the isolation, corruption, dictatorship, injustice... of the countries in which they serve. They are not really part of mainstream USA. They are a fiefdom or at best an ivory tower.
    Let's build a common voice. What do you think of building such a website? Any help, suggestions in setting up a website where we'll share our experiences of abuse, injustice, discrimination at US Embassies. I am sure there are lots of horror stories. Thanks.

  7. #7
    Metmiku--The embassy employees are not above the law. That's the point. U.S. law gives THEM the right to decide who gets a visa and who doesn't. Visas are issued at THEIR discretion, in accordance with whatever rules THEY make. There is no "civil right" to come to the U.S. or to bring your family members. Furthermore, visa and immigration policy are developed out of consideration for the interests of the U.S. in general, not what benefits individual citizens. You, as a U.S. citizen, can marry whomever you wish BUT you do not have a right to bring whomever you wish to the U.S. This applies whether you're a citizen by birth, or naturalized. That's why you need to "make nice" with officials and bring pressure to bear through your Congresspeople. Quit spinning fantasies and learn to work the system. Otherwise, your wife will be overseas for the duration of your marriage.

  8. #8
    metmiku,

    I have no idea what you are talking about. Do you want to take on State Department or bring your wife in US? I am afraid that you wont have energy to fight on both sides. So, please pick your battle and stop confusing yourself. If you want to take on State Dept, go for it, but do not ask me to join you. This, for 2 reasons:

    1- I have no reason at all to waste my time on something like that.

    2- I dont believe in your cause. It's not because we are both from Africa that you can assume I would be on your side even in your fantaisies. If you really want to solve this problem globally, you should not take on the State Dept, but rather on your africans who try to defraud the system. Again, the State Dept is not obligated to give your wife any visa. I am disappointed that you seem to fall in the stupidity of african americans here who spend all of their time crying about civil right: Something does not work, you call on Civil Rights to Save You.

    You are a dign African, show yourself a little respect. Use your head to work the system and get your wife over here. Stop crying civil rights, face the situation and act responsabily.

    To conclude, If you need help on getting your wife here, take time. Calm down. Explain clearly what happened and ask people what else you could do. Be honest with yourself for the sake of your wife.

    But if you would rather take on the system, well you are on the wrong board.

    And please, stop confusing me. Until you really pick your battle, dont expect me to respond to your posting; Your wife or the state?

  9. #9
    It depends on what you really want.

    If your main objective is to get your wife to the US, suing the State Dept isn't gonna help you much. Rather, learn to utilize the avenue available to you, from your congressman to various appeals or other petition that ultimately can bring your wife to US.

    If revenge is what you want, there're plenty of actions you could take to make the State Dept personnel lived a miserable life. From filing criminal claims in your african country against that individual, file a discrimination lawsuit, contacting the local news agency in US about how your wife is being denied visa because she won't approve the officer when he ilicit sexual favors, and then make it a federal case against that particular embassy. File a civil claim against him in US states, etc,etc,etc. Its all up to your principles and moral.

  10. #10
    Is it possible that she could be your niece? Do you have a sibling that could have "known" her mother?

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