Citizenship denial Reveiw case filed at Dist Court, Not a wom case.
Case filed at edny under citizenship denial review by court, not a wom
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My previous post in Nov 2008 was:
This is recent update on the ongoing saga on my I-751 waiver pending adjudication at VSC. Please bear with me, as it is little detailed case background
My joint I-751 was approved in Sep 2004 but I was divorced in Jul 2004. I filed first N-400 in Oct 2006 based on 5 yrs. I was placed in removal due to the above fact that I-751 approved in error after the divore date. I filed a second I-751 good faith waiver in Jul 2007, which is still pending at VSC although web site processing Sep 2007. My removal proceedings terminated in Nov 2007. Filed second N-400 in Dec 2007 concurrently anticipation that I-751 shall be approved before natz interview. The web site did update a month before natz but mine was not one adjudicated. 10 yr GC revoked in Jan 2008. Natz interview in Aug 2008. Went very well and passed. The IO stated that they have the power to adjudicate my I-751. Received natz denial based on that GC was revoked, Did not say anything about pending I-751. Now, given 30 days to appeal. I am thinking of these lines:
1. File the appeal and pay $605.
2. At appeal interview, ask officer to try to get the I-751 from VSC and adjudicate.
3. If officer does not agree to call for I-751 adjudication, file a motion at Federal District Court to force reevaluation of natz and force CIS to adjudicate I-751 waiver. First I-751 was approved without interview due to very good documentation of marriage. I was plaintiff in my divorce due to metal cruelty by USC spouse.
Any comments? I have been in contact with my congress and senator but are not very helpful. I have been remarried and now need to file for my current wife who is on F-1. What is most expeditious and prudent approach. what I am hoping is to receive either an I-751 approval in mail or interview call some time soon but am not sure if USCIS will do their job unless forced to. It also seems they filed I-751 waiver under my permanent GC file receipt number. Although they keep telling me on phone they know and I got temp stamp in passport, but the file was not present at natz interview.
PL ADVISE IN DETAIL.
Now, the post on Jan 7, 2009:
I went to appeal interview on Nov 7, 2008 and requested adjudicator to "Hold my N-400 in abeyance until I-751 is adjudicated". He denied my request and denied the appeal for N-400. Allowing to file in federal court under 5 USC Chp 7 (APA). I later found out that he "disregarded" the clear instruction in "Adjudicators Field Manual" Chapter 25, where it states that he should have kept the N-400 open and asked for my I-751 file to be adjudicated, before finalizing n-400. Any ways, I filed a complaint with Ombudsman office after wards. few months after the complaint, the USCIS filed office telephones my attorney that they want to interveiw me tomorrow for i-751 waiver, if possible. Went for interveiw and adjudicators verbally stated after some questions about my marriage that " I am satsified with your evidence and I am approving your petition". He asks whether he should send the file to natz or card production. my attorney states that natz will be appealed in federal court, so he shall send it for card production. he did not give me any thing in writing, neither he has sent any thing in mail. now i want to sue cis for blatant disregard to their field manual. does any one has a similar federal court case link or any comments. the case is complex, but there seems to be light at the end of tunnel. how to overcome the cis denial theory that at the time of filing n-400 my PR status was terminated, which is not correct (AND CONTRARY TO BIA CASE LAW) as i did had pending i-751 and status can not be terminated until i-751 is decided or ij terminates status(as per BIA decisions).
update as of 2/9/2009.
NOW THE CASE WAS FILED at eastern dist of ny, fed court, ON 1/14/2009 BY my LAWYER AND AUSA was SERVED ON 1/22/2009 via certified mail. LAWYER DOES NOT RETURN EMAILS. CAN I find out about ausa and CONTACT AUSA MY SELF. whats the best way. i also sent copies of complaint to ombundsman as well. IS IT PREMATURE TO CONTACT ausa NOW. SHALL I WAIT OR THREATEN MY LAWYER TO PERFORM HIS DUTY BY WAY OF A COMPLAINT TO NYC BAR. PL ADVISE COOL MINDEDLY. THANKS. I NEED MY CITIZENSHIP FAST TO FILE FOR MY WIFE.
HOW MANy PEOPLE HAVE A SUCCESFUL 5 USC REVIEW CASE. IS ANY USC 5 CASE REPORTED ON THIS FORUM AS I CAN ONLY SEE WOM CASES. MINE IS NOT WOM?
