InfoPass

It wouldn't look bad at all if you filed the lawsuit now. I've never heard of a "no-process pile", especially considering the fact that all your background checks have cleared a long time ago. Would you happen to have a written document stating that your application was placed in this "no-process pile"? If yes, then go ahead and sue. This would be the ultimate proof that your application is being unreasonably delayed.

As far as the USCIS guaranteeing to your Senator that your application is in queue, I wouldn't take too much stock in it. They are known for their lack of accurate information.
 
The werid thing about the no process pile was the first time I called, USCIS told me I was int he no process pile. Now wehn I called they say they don't have any other information on my case besides my priority date is July 10, 2007. My lawyer called and Sen Jon Kyl called USCIS. They were both told my file was in the no process pile. At my InfoPass, same thing, the IO took a copy of my notice and said that she will get my file moving that it was stuck for no reason. My last InfoPass, I was told that they sent my file to FBI for name check recently and I cleared at the end of October 2008. I have a feeling they are sending me words so I gain patience, but I have none. I like that you think I shoudl file a WOM. I have next week off, so I will prepare the documents :-) and it's gone.

Thank you so much :-)
 
cregan said:
The werid thing about the no process pile was the first time I called, USCIS told me I was int he no process pile. Now wehn I called they say they don't have any other information on my case besides my priority date is July 10, 2007. My lawyer called and Sen Jon Kyl called USCIS. They were both told my file was in the no process pile. At my InfoPass, same thing, the IO took a copy of my notice and said that she will get my file moving that it was stuck for no reason. My last InfoPass, I was told that they sent my file to FBI for name check recently and I cleared at the end of October 2008. I have a feeling they are sending me words so I gain patience, but I have none. I like that you think I shoudl file a WOM. I have next week off, so I will prepare the documents :-) and it's gone.

Thank you so much :-)
Click to expand...

If you decide to file a WOM, will you be using a lawyer or doing it pro se?
 
Pro se. The citizenship already cost me about $3,000. All my lawyer can tell me is too wait as citizenship applications can take years. I know better :eek:

forgot, I have nothing in writing all verbal concerning the no process pile
 
Vorpal thank you for the motivation. i'm following up with Sen Jon Kyl to get a statement in writting.


I'm still searching for a sample WOM but I found the following
"Advocates should argue that if the INS takes more than the permitted 180 days to make a decision on the appeal, then the applicant should be able to take the case to federal district court either on appeal under INA § 310(c) or a writ of mandamus."

"If the INS fails to schedule an interview, you and your client may want to consider the possibility of filing a Writ of Mandamus with the district court in your area.60 Mandamus actions are actions filed against the INS to force them to adjudicate a petition.61 The district court's mandamus jurisdiction is invoked under 28 USC § 1361. It is an action to compel an officer or employee of the INS (or other Government agency) to perform a duty owed to a party. If you and your client decide to pursue this option, the Federal Rules of Civil Procedure, as well as local District Court Rules must be followed. The mandamus procedure may be your only option if you cannot convince the INS to proceed with the case in a timely manner. The successful mandamus action simply gets the ball rolling again and forces the INS to make a decision. Please note that only attorneys can represent applicants in federal court and all Mandamus Actions are heard in federal court."

By any chance, do you have sample of WOM? I find lots on the 120 day rule. I will have to change it to file under § 1361.

Always appreciate your time and motivation
 
Last edited by a moderator:
Vorpal said:
You're wrong on that one. Any time the USCIS takes FPs, they are valid for 15 months and are applicable to any application filed within that time period. This is precisely why RSRK hasn't received an FP notice. If it so happens that his application is still being processed when the FPs expire, a new FP notice will be issued.
Click to expand...

Thanks Vorpal for your inputs. If what you are saying is correct, then I guess, they may ask for a second FP if my N400 process goes beyond the expiry of first (my GC related)fingerprint. I had my GC FP on 25th Jan 08. Also in my case when will name check, IBIS etc take place- Now or after second FP?

N400 sent: 27th Sep.08
N400 received: 29th Sep 08
Check cashed: 4th Oct 08
NOA received : 9th Oct 08
Notice date: 7th Oct 08
FP notice: not yet received
 
cregan said:
Vorpal thank you for the motivation. i'm following up with Sen Jon Kyl to get a statement in writting.


I'm still searching for a sample WOM but I found the following
"Advocates should argue that if the INS takes more than the permitted 180 days to make a decision on the appeal, then the applicant should be able to take the case to federal district court either on appeal under INA § 310(c) or a writ of mandamus."

"If the INS fails to schedule an interview, you and your client may want to consider the possibility of filing a Writ of Mandamus with the district court in your area.60 Mandamus actions are actions filed against the INS to force them to adjudicate a petition.61 The district court's mandamus jurisdiction is invoked under 28 USC § 1361. It is an action to compel an officer or employee of the INS (or other Government agency) to perform a duty owed to a party. If you and your client decide to pursue this option, the Federal Rules of Civil Procedure, as well as local District Court Rules must be followed. The mandamus procedure may be your only option if you cannot convince the INS to proceed with the case in a timely manner. The successful mandamus action simply gets the ball rolling again and forces the INS to make a decision. Please note that only attorneys can represent applicants in federal court and all Mandamus Actions are heard in federal court."

By any chance, do you have sample of WOM? I find lots on the 120 day rule. I will have to change it to file under § 1361.

Always appreciate your time and motivation
Click to expand...

Take a look at the sticky dealing with filing a lawsuit against the USCIS. It should be at the top of the page and has all the information you'll need.
 
RSRK said:
Thanks Vorpal for your inputs. If what you are saying is correct, then I guess, they may ask for a second FP if my N400 process goes beyond the expiry of first (my GC related)fingerprint. I had my GC FP on 25th Jan 08. Also in my case when will name check, IBIS etc take place- Now or after second FP?

N400 sent: 27th Sep.08
N400 received: 29th Sep 08
Check cashed: 4th Oct 08
NOA received : 9th Oct 08
Notice date: 7th Oct 08
FP notice: not yet received
Click to expand...

Most likely, your name check has already taken place. It's usually initiated around the time your application is initially entered into the system. IBIS only takes a couple of minutes to complete, but I'm not sure at what point of the process it takes place. The IBIS results are only valid for a couple of months, so I assume that it takes place once the interview has been scheduled. Then again, it may be conducted multiple times throughout the process.
 
Vorpal, I have a question. I have an Infopass appointment on this Friday at 9am. I am going there to enquire about the FP notice I have not received so far for my N400 application. As mentioned earlier about my one FP done at the time of my GC renewal in Jan 08 and your suggestion that they are valid for 15 months hence no FP notice for me, shall I first ask if they are having name check and other security done for me based on the earlier FP (and its status) or straight away mention non receipt of FP notice for
N400 application.?

Thanks again!
 
RSRK said:
Vorpal, I have a question. I have an Infopass appointment on this Friday at 9am. I am going there to enquire about the FP notice I have not received so far for my N400 application. As mentioned earlier about my one FP done at the time of my GC renewal in Jan 08 and your suggestion that they are valid for 15 months hence no FP notice for me, shall I first ask if they are having name check and other security done for me based on the earlier FP (and its status) or straight away mention non receipt of FP notice for
N400 application.?

Thanks again!
Click to expand...

You can ask them about the FP notice, which will trigger the IO to look in their computer and tell you exactly what I told you about the validity of your previous FPs. While they are looking at their computer, ask if your name check has been completed.
 
Vorpal, you are correct people int he sticky forum are so knowlegable. I would be lost without this forum and the people chatting :)

RSRK, I called USCIS today and somehow the lady was nice and talked to me today. I asked her about my second set of FP and if I would have to wait for that FBI check again, she said no all they do second finger prints for are to have the new ones in record. So I am assuming that your FBI checks are still good. But with my experience I would keep your InfoPass. Learning note for me ... do not wait :)
 
RSRK said:
Thanks Vorpal for your inputs. If what you are saying is correct, then I guess, they may ask for a second FP if my N400 process goes beyond the expiry of first (my GC related)fingerprint. I had my GC FP on 25th Jan 08. Also in my case when will name check, IBIS etc take place- Now or after second FP?

N400 sent: 27th Sep.08
N400 received: 29th Sep 08
Check cashed: 4th Oct 08
NOA received : 9th Oct 08
Notice date: 7th Oct 08
FP notice: not yet received
Click to expand...

Vorpal, You were right! After waiting for 6-7 weeks I finally took an infopass on 21st Nov and met the IO to enquire about my FP notice. According to what he saw on the computer, there was no FP scheduled for me.Instead my FBI name check was already done and even though he was not sure, probably it was based on my earlier FP taken in Jan 2008 for the renewal of my GC. So if this is true, according to him, most likely I should receive something in mail by DEc end, maybe the interview letter? I do not know, but I am glad that the FBI name check atleast is done!
 
RSRK said:
Vorpal, You were right! After waiting for 6-7 weeks I finally took an infopass on 21st Nov and met the IO to enquire about my FP notice. According to what he saw on the computer, there was no FP scheduled for me.Instead my FBI name check was already done and even though he was not sure, probably it was based on my earlier FP taken in Jan 2008 for the renewal of my GC. So if this is true, according to him, most likely I should receive something in mail by DEc end, maybe the interview letter? I do not know, but I am glad that the FBI name check atleast is done!
Click to expand...

Considering that N-400s are processed comparatively quickly nowadays and that your FPs are valid until April 2009, you may quite possibly be done with the entire process before your FPs expire.
 
Cregan - Open a service request

Cregan,

Yesterday I called CS and they told me that my NC was cleared last week and I am in queue for interview. when I asked her about second FP she said it is not needed.(Which I think she did because she does not know). When I asked her about IL she said it will take upto 90 days.

Have you thought about opening a service request with Customer service. I did that about a month ago and I got a response in 2 weeks. If nothing it will make them look at your files and investigate. I am going to do that in second week of december.

All the best to you and me..:)

Regards
 
Vorpal said:
Considering that N-400s are processed comparatively quickly nowadays and that your FPs are valid until April 2009, you may quite possibly be done with the entire process before your FPs expire.
Click to expand...

Vorpal, Do you think that I should verify from FBI about my possible name check clearance? If my interview is scheduled beyond the expiry of my first FP (which was done for GC renewal in Jan08), I will have another FP scheduled I guess, but how much time do they take to process it?
 
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