Help on correction of DHS record error??

[jqhsu]

Hi, I am looking urgently for all your helps on approaches and possibilities of correcting an error generated from DHS database which is now preventing my wife from getting her visa into the US.

 

When my wife went to her I-130 interview in Guangzhou, she was told by the consulate that it is ready to grant her the visa as long as we contact DHS and clear the mark found from DHS database which represents a "misrepresentation" hit( see below for the history of details ). So the consular officer gave my wife a blue notice saying that the case needs further processing.

 

First I want to be clear that my wife and I are happily married for over 4 years now and recently just added a baby girl into our family.

 

Actually we first discovered this error when my wife went to the consulate back in Nov. 2004 to get her K-3 visa but the visa was practically rejected due to a "misrepresentation" hit found in DHS database about my wife. It was a complete shock for both me and my wife. At that time, my wife was told to contact DHS. We tried our best efforts to contact DHS, yet no information was given back to us about the mark and we were definitely frustrated.

 

We had no idea about what happened and what was the cause of such a negative mark. I went on filing FOIA ( after consultation with a lawyer ) back in Feb. 2005 and only in Aug. 2005, based on my released record information, I discovered that there is a HUGE MISTAKE in my record, that someone else's already approved I-130 case was tied under my record.

 

So I had 2 I-130 petitions from a glance and this arguably becomes the best possible cause for the benefit fraud mark which my wife received, which is totally untrue.

 

The strange thing is that after my numerous letters to senator as well as USCIS about correction of the mistake, my wife's long delayed I-130 case was approved by service center ( more than 2 years delay and was always told by USCIS that the case was under special administrative review ) and in this September, 2006, my wife was set for her I-130 visa interview.

 

Now it turned out the mark has not been corrected in DHS record and I am frustrated about what can I do at this time to get my wife the IR1 visa.

 

I have never faced with this type of big problem with the government agency before and definitely find DHS is a very complex organization to deal with. However, I am very certain that the error is the root cause of everything and wish to have it corrected asap, especially under the condition that there is nothing wrong with the merit of my wife's immigration application.

 

SEEK YOUR ADVISES AND HELPS URGENTLY!

[frank1538]

I am generally not a big supporter of using extreme measures such as a mandamus action, but yours may be a situation where you and your lawyer might wish to consider it. Your lawyer can explain what a writ of mandamus is, but this legal action is sometimes used to compel an individual, agency, or official to do something that he/she/it has failed to do.

 

Based on the limited information that you supplied, it appears that you have followed the administrative rules in filing a FOIA request and asking that the error be corrected. Presumably, you have documentation supporting this. If so, filing a mandamus action may finally get USCIS's attention. I have heard that in instances where there is no issue about the error, USCIS is quick to fix it rather than having to answer the mandamus complaint.

 

Here is one link that you might look at that talks about mandamus actions: http://candleforlove.com/forums/index.php?...c=15014&hl=

[jqhsu]

Hi,

 

I and my fiancee are very sorry for your plight. While this is probably not what you were looking for. I need find one place where you could contact the Privacy Officer for the Visit program that tracks visitors to the U.S.

 

http://www.dhs.gov/dhspublic/interapp/edit...torial_0693.xml

 

It is near the bottom of the page where it talks about inaccurate information.

 

Thanks very much for your suggestion and I will look into this area. Have you had any experiences with US-VISIT before? From the description of service, it seems to be a service which would record all incoming / exiting of foreign nationals.

 

In my case, my wife has not even granted the permission to enter the US yet.

 

I had just written letter to senator for her help ( don't know if she will be able to help me or not? ).