Asked in Immigration Law and Gov & Administrative Law

Q: Can we use the IRS for damages caused by incompetence?

My wife (American) received a high paying job offer in the states. We currently live in Germany (I'm German), and have been trying to get an immigration visa for months now, but we need my wife's tax transcripts for that. We have requested the transcripts a dozen times(over the phone) since June last year, but they were never sent to us. With us unable to move, my wife missed the start date of the job (Jan 1st) and she already lost $20k in income because of the IRS's incompetence. We're expecting a baby later this year, and it won't be long before my wife is too pregnant to move.

The IRS has wasted so much time with the 2019 taxes, that the consulate now wants to see the 2020 tax transcripts as well. This is an endless cycle of waiting and losing $10k a month due to IRS negligence.

Can we use them for damages? This job would have been life changing for us and our child, and we are beyond furious.

1 Lawyer Answer

A: This question is not an immigration question. As far as filing a claim against a public entity, theoretically everything is possible. For more specific evaluation of your situation, please contact my office or any other competent attorney who does public entity claims.

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