AdministrativeLaw DueProcess Immigration Privacy
International-child-abduction,custody-after-abduction,passport-reissuance,administrative-procedures-act,damages,visa-approval-denial
QUESTION PRESENTED IN THIS ISSUE PERTAINS TO PETITIONER'S WIFE’S APPROVED VISA, SUBSEQUENTLY DENIED, AND LENGTHY DELAYS IN FINALIZING THE MATTER, RESULTING IN THE WIFE FLEEING TO JAPAN, AND ABDUCTING PETITIONER’S CHILD IN THE PROCESS. Petitioner's wife’s visa was approved May 30‘ 2018. All relevant interviews and fees were paid,.in excess of more than 3500.00 USD, including an additional 1225.00 USD to expedite the process. All that was required of Petitioner and his wife were completed successfully. The final interview was to be scheduled by the DOS, but ; . never was, at that time more than two-years time had elapsed, as of this filing, more than four years has elapsed. ; While awaiting the final interview to be scheduled, January 4** 2019, USCIS sent a threatening letter, demanding the wife leave the U.S. within 33-days, or be subject to removal proceedings. The letter stated the matter was not appealable. The wife has no criminal history, and was in the U.S. lawfully. The question is, after paying fees in excess of 3500.00 USD to process Petitioner's wife’s visa, which was approved and then subsequently denied months later, while awaiting final interview to be , scheduled by the DOS, which never was, does this amount to final agency action that is arbitrary, or capricious abuses of power or discretion, and if so, are their damages permitted under the Administrative Procedures Act?) THIRD ISSUE THE QUESTIONS PRESENTED IN THIS ISSUE PERTAIN TO INA 301-309, AND THE U.S. DEPARTMENT OF STATE REFUSING TO PROVIDE PETITIONER'S U.S. CITIZEN CHILD CITIZENSHIP DOCUMENTS, AFTER ALL RELEVANT FEES HAD BEEN PAID, AND ; ALL RELEVANT DOCUMENTS PROVIDED. 1. Under an unprecedented pandemic, and where Japan's government has issued a state of emergency, forbidding travel into Tokyo, where the U.S. Embassy is located, is it permissible for the DOS to demand the child be brought into Tokyo to be interviewed for CRBA and Social Security Card issuance, and, if the child is not taken to the Tokyo Embassy to be interviewed, even where the DOS is fully aware . Petitioner doesn’t have access to the child, is it permissible to refuse to issue the citizenship documents, which without, essentially amounts to the child remaining, without proof of citizenship, and conditions of statelessness? 2. Does failure to issue Social Security Card to the child, during an ; unprecedented pandemic, resulting in loss of Cares Act stimulus relief, which is provided to all U.S. citizens, except Petitioner’s child, amount to an equal protection violation, and if so, should Social Security Card issue, and should Cares Act stimulus relief be provided to the child? 3 . . FINAL ISSUE THE QUESTION PERTAINS TO A CM/ECF ACCOUNT WHICH PETITIONER HOLDS, BUT IS NOT PERMITTED TO USE, EVEN ' WHERE EMERGENCY MATTERS ARE AT ISSUE AND REQUIRE EXPEDIENCY IN FILINGS AND COURT RESPONSES. Is it a due process and equal protection violation, resulting in a subclass to deny use of CM/ECF where a lhtigant has met all requirements for use, especially in emergency cases, such as in the : underlying matter, where denial of use results in failure to be heard timely, and failure to timely respond to court orders, where the | resulting consequences is often case dismissal, time deadline elapsing to file appeals, and other prejudicial results, and unnecessary delays? : :