The US Embassy in Mexico LOST my husband´s Form I-130 application. How do I proceed?

I sent the American Embassy in Mexico the Petition for Alien Relative, I-130 paperwork at the end of November and they´re insisting to me that they never received it, even though I sent it via package service and the package service confirmed delivery. So my paperwork with sensitive SSN info, a cashier´s cheque and other personal info is either sitting on someone´s desk collecting dust or wound up in the trash bin somehow. Can I take legal action against the Embassy, or am I just going to have to re-file? Someone has to be made responsible for losing this sensitive info and wasting my time and money!

IBSI Special Investigator

Get the cashier's check cancelled. I supposed you kept a copy of all the documents you sent, including copy of the I-130 Form.

As for legal actions... you can't take legal action on that which has not been acted upon. You can file a complaint (Administrative Action) with the US State Department in Washington DC, although they frequently ignore complaints about issues like you present.

Allow me to suggest you take the documents in person to the US Consulate in Mexico City. Go with your passport and go the the USCIS window. Deposit your passport, and wait for them to call you. When they call you, submit the forms in person and pay them there. Take copy of the documents you submit, so they can stamp the date of your submission. That will be the best evidence of when you submitted and of the information contained in the documents. If they lose any document, you will at least be able to provide them with a copy certified BY THEM, of the documents submitted.

Did you know that the busiest US Consulate in this hemisphere is in Mexico City and it is closely followed by Santo Domingo (Dominican Republic)? It is not uncommon for consulates to lose documents. Man, I even help a fellow American citizen get out of the Dominican Republic after 11 years stranded in this country because the consulate lost all of his original travel documents, and then, to cover their butts told the man that he looked "Dominican". It only took me 1 day to confirm his identity and get him back home to America.

If they lose such documents, losing an I-130 is nothing. Sometimes busy diplomatic missions, such as US Consulate in Mexico City, misplace the mail, even if sent by courier.

TakeNoticeNow

Phone the USCIS or go to their website.USCIS.org and get info on how to proceed .Let them know the package No and try to fond out who signed for it when delivered. You might have to re submit this application. Rather send this to a consulate in your area.

Yak Rider

Why did you send it there? That's not the correct procedure at all. Unless you live full time in Mexico you are supposed to send the forms to the CIS Center that services your area. They process them and forward them to the proper embassy or consulate.

If you are living full time in Mexico you should have known better than to mail/ship/send anything. Next time deliver it in person.

Just what kind of legal action do you propose?

Midwife Jane

Ask this question on the visajourney.com forum or try searching for the answer there. I'm sure someone else has been through this and can tell you what you need to know.

Good luck, I hope it gets sorted out quickly!

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