QUESTION
If my green card was mailed to my old address where in fact all of my mail was forwarded to the new address, can I sue the postal office?
Asked on Aug 08th, 2017 on Immigration - Georgia
More details to this question:
I applied for a green card for my step son on June 16, 2017. We moved June 1st and already had our mailed forwarded by the 6th. My son was set to travel in July out of the country. His green card was still not yet mailed. During that time I continuously called the immigration office to see the status of the green card. Once I got in touch with immigration they told me the green card was mailed out and should have been received by the 26th of June. I then go to the post office to see about the green card and they said it was mailed and delivered on the 26 but when I asked them the address they said it was sent to the old address and I asked how when all my mail was forwarded to the new address. They then proceeded to tell me that it was probably a new carrier person.
1 ANSWER
Had your family been represented by an immigration attorney you: (1) would have known when your son's adjustment of status application had been approved, and (2) would have known that a temporary passport stamp could have been obtained for your son so that he could exercise all of the privileges (including travel and employment) associated with his new Permanent Resident status. When the "Green Card" was returned to the USCIS as undeliverable, there was a mechanism for having it re-sent to the correct address. Beyond that, you did not mention whether your son complied with the obligation to notify the USCIS of the new residential address within 10 days of moving by filing a Form AR-11 to cover him generally and also specifically in his then-pending adjustment of status application. These are reasons to believe you would be unsuccessful in any attempt to seek recompense from the Post Office through a contract or tort lawsuit.
Answered on Oct 20th, 2017 at 7:09 PM