FBI Name Check

moneer

thanks for sharing ur experience... i agree with u.. for those who have been waiting for less than 2 years, don't start stressing our yet

as for when to file a lawsuit

if u're suing for N400: u can sue 121 days after the completion of your interview
if u're suing for I485: 18 months is a good start.... but u have to have proofs that u contacted the USCIS by mail, did infopass, called them, called the FBI, sent letters to FBI, sent letters to congressmen, sent letters to Senators (exhausted your administrative remedies)... so if ur name check has been pending for 1 year, i suggest you start sending those letters.. it would take 4-5 months for them to reply... then go ahead and sue...

for more information on how to sue click here

http://boards.immigrationportal.com/showthread.php?p=1811894&posted=1#post1811894
 
One thing I noticed was that right before I got my green card, I had applied for my 3rd EAD. .................Shortly after I received my EAD I received my green card. It could have been a coincidence but who knows.

Well, hopefully is not a coincidence, since i got my 3rd EAD yesterday :D
 
Thankkkkkkkk Goddddddddddddddddddddddddddddd

COMPANIONSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
I have just received an email from AUSA informing me that my namecheck has been completed and that I need to have my fingerprints taken again for the adjudication of my case and that i should receive an apt. letter from USCIS for that pupose!!!!!

lazycis ... YOU ARE NEXT MY FRIEND !!!
Thanks a lotttttttt for all of you for the support and help especially lazycis and lotech and paz....

i don't wanna celebrate yet... not until i get the card in my hand !!!
Here's my time line:

-Filed I-485 in Oct 2005 in New Jersey
-FP Dec 2005
-1st EAD Jan 2006
-Interview for GC April 2006 - i was informed that name check has been pending since Oct 2005!!!!
-2nd EAD received Jan 2007
-sent letters to 1st lady, senators, congressmen, received letter from FBI that name check is still pending
-Filed a WOM pro-se law suit April 2007 thanks to this message board
-2 extensions by AUSA
-AUSA filed MTD in Aug 2007
-I filed Opposition to MTD Aug 2007
-Submitted application for 3rd EAD in Aug 2007 and finger prints were taken the same month
-Order from judge dismissing my WOM law suit (NJ) for lack of jurisdiction Sept 2007
-Received a letter to re-do finger prints for I-485 (for the 2nd time) in Oct 2007
- went to do finger prints for Green card but found that the building was closed for maintenance. sent a letter requesting to reschedule but did not hear back
- October 2007, filed a letter to appeal judge order in the 2nd circuit
- October 2007 and 10 days later, I recived an email from AUSA informing me that my name check has been completed and that USCIS will reschedule me to have my biometrics taken again.
 
Hiram, congrats!

Looks like it was a rather intense fight.... if you do not mind me asking - did you use a layer or did you send/file all those letters, WoMs, oppositions, etc all by yourself? I am asking because I am following you with a one-year lag and consider repeating the steps you have taken :)
 
do it yourself.. don't waist a penny on lawyers...
this forum
http://boards.immigrationportal.com/showthread.php?p=1811894&posted=1#post1811894

has all the formats you need to file a law suit.. all u need to do is change the name and some few facts about you and you're all set... writing the original law suit did not take me more than 2 hours... soo damn easy ... and as i said before it does not matter what the judge rules.. what matters is to file a law suit because once you do that, they will take ur file from some shelf where it was collecting dust and put it in a different pile for active processing ...

Letters to senators, congressmen, and First lady are easy to write.. 1 page talking about urself and that you have been stuck in namecheck and need their help... same letter different addresses :)
they wont be able to help you.. but they will respond and this is necessary to show in your law suit that u did all you had to do to get your name check cleared and u had no choices left except to go to court !

SUE !
 
Hiram,

your timeline is very similar to mine. I do intend to start my WOM process once I get my EAD renewal problem resolved. From your posts, it seems that you filed for WOM yourself, is it possible for you to share

1. the templates for the WOM petition.
2. What courts does one have to file WOM?
3. What kind of fees one has to pay to the court?

I have started to gather all the documentation - infopass dates, contacting Senators, etc. for the same.:(
 
What is AUSA ?

COMPANIONSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
I have just received an email from AUSA informing me that my namecheck has been completed and that I need to have my fingerprints taken again for the adjudication of my case and that i should receive an apt. letter from USCIS for that pupose!!!!!

QUOTE]

What is AUSA ?
 
AUSA = Assistant U.S. Attorney. When you file a law suit against the government (in this case, FBI and USCIS) the AUSA is their lawyer.... so their lawyer contacted me and told me that my name check cleared...

ncgc,
you are doing the right thing... all u have to do is send letters to senators, congressmen, call USCIS and tell them ur case is out of normal processing times, send letter to FBI, and make an infopass apt...
gather all these documents and "negative" responses for your law suit..
then download the generic WOM law suit from the link below and edit it with your name address, A#, and some personal info to customize it and file it with your distrcit court... as easy as that !!!!
Cost= $350 filing fee

Piece of cake... then kick back and watch them work on your case...
if they file a motion to dismiss (which is most likely) then don't freak out.. download the Opposition to Motion to dismiss from the link below, customize it to include your personal info and file it (for free)... and then the ball is in their court again... before you know it, your name check will be cleared regardless of what the judge orders !!!! (sometimes it will clear even before the judge makes a decision)... 90% of times u will not need to go to court...5% of times u may have a telephone conference with judge and AUSA where basically u don't have to do or saying anything and AUSA needs to explain to the judge why your case is not done yet while many many pple after you already got it... and 5% of the times the hearing will be in person(also no need to do anything on your part)

here's the link.. all the info u need is here
http://boards.immigrationportal.com/showthread.php?t=217882&page=30
 
I first want to wish everyone get their name check clear ASAP.
I have a question about INFOPASS and it seems yal have alot of experience with that in this thread.
Last month i went to INFOPASS on 10/12 and the officer told me that my name check is cleared and have to allow them 90 days to approve me I485.
It will be a month next week, can I still make another INFOPASS to check up on my case even tho they told me to wait 90 days?

Thanks in Advance
 
of course u can make another info pass...
tell them it has already been that long... how would they know anyways?!
 
thanks hiram,
well, they gave me a sheet stating that my name was cleared on 10/11 and asked me to wait 90 days before I made another inquiry. so i think they probably have the same information on their system.
 
Greeeeeeeen Carddddddddddd Babyyy

THANK GODDDDD

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Card production ordered.

On November 1, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register


-Filed I-485 in Oct 2005 in New Jersey
-FP Dec 2005
-1st EAD Jan 2006
-Interview for GC April 2006 - i was informed that name check has been pending since Oct 2005!!!!
-2nd EAD received Jan 2007
-sent letters to 1st lady, senators, congressmen, received letter from FBI that name check is still pending
-Filed a WOM pro-se law suit April 2007 thanks to this message board
-2 extensions by AUSA
-AUSA filed MTD in Aug 2007
-I filed Opposition to MTD Aug 2007
-Submitted application for 3rd EAD in Aug 2007 and finger prints were taken the same month
-Order from judge dismissing my WOM law suit (NJ) for lack of jurisdiction Sept 2007
-Received a letter to re-do finger prints for I-485 (for the 2nd time) in Oct 2007
- went to do finger prints for Green card but found that the building was closed for maintenance. sent a letter requesting to reschedule but did not hear back
- October 20, 2007, filed a letter to appeal judge order in the 2nd circuit
- October 30, 2007 and 10 days later, I recived an email from AUSA informing me that my name check has been completed and that USCIS will reschedule me to have my biometrics taken again.
- October 31, 2007, Biometrics given to USCIS
- November 2, 2007: Email notifying me that Green Cards have been ordered
 
Lessons learned

If You Don't Sue... Prepare To Wait For Years And Years !!!
It Does Not Matter If Your Jurisdiction Is Not Immigrant Friendly... It Does Not Matter If Your Judge Dismisses Your Case.. It Does Not Matter If You Lose The Court Order... Once You Sue, They Will Start Working On Your Green Card (regardless Of What They Say) ....
 
Hi Hiram,

Congratulations!

I also have the similar timeline as yours and now preparing my WOM case. Could you help me with the defendant names for this lawsuit?

My case is in also in Newark,NJ so hopefully its going to be the same list of defendants.

Thanks
 
The only way to get these INS people to work is file a law suit for me its still very early , but if I do not get my GC in a year i will definitely sue them
 
Congratulations, Hiram. Good for you. I hope the approvals keep coming. BTW, when does one need to file EAD renewal - 6 months prior or 90 days to expiration? I hope it doesn't come to that, but just for knowledge's sake. Thanks and all the best.
 
Hi Hiram:

can you please attach the correct Link for WOM template?

I am ready to sue USCIS/ FBI.

I have been a quite visitor to this Forum; I have applied for my green Card through marriage to US citizen in July 2006. I have contacted FBI, USCIS, Senator, First Lady. I don't need anything working so far. Now I am ready for WOM.

Please send me both Template so I can start this WOM next week.

Thank you!
 
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