A Successful Lawsuit for FBI Name Check and US Citizenship Delay

V

vectorP

Registered Users (C)
Recently, we successfully helped an alien applicant to file an 1447(B) lawsuit at a federal district court against Department of Homeland Security, USCIS, and FBI, for his long-time delay (about 2 years) of FBI Name Check and his US Citizenship application. After filing the 1447(B) lawsuit, the alien passed FBI Name Check in less than a month, and took US Citizen oath ceremony in one and half month.

The following is a list of the US Citizenship application and the 1447(B) lawsuit case steps and progress:

1) 10/13/2005: filed Form N-400 US Citizenship Naturalization application at Vermont Service Center

2) 1/18/2006: took fingerprints at local USCIS office

3) 3/10/2006: passed interview for English and US history exam at the local USCIS office, but was told that he can not get US Citizenship at that time, because of the FBI Name Check and background investigation pending.

4) waiting and waiting patiently for a Naturalization notice from USCIS, but it never happen.

5) 10/3/2007: can not wait endlessly, so sent a FOIPA inquiry to FBI to make sure there is no case at FBI against the alien applicant.

6) 11/18/2007: received FOIPA inquiry result letter back from FBI, the result is "No-Records", which means that there is no case at FBI against the alien applicant.

7) from 12/1/2006 to 7/15/2007: sent more than 30 letters at different times to USCIS, FBI, US Congress, US Senators, US Congressmen to ask help to expedite the FBI name checking, but no really help and valid progress at all. Some replied with official words asking for waiting, but for most cases, no reply at all.

8) 8/6/2007: filed 1447(B) lawsuit against Department of Homeland Security, USCIS, and FBI at a federal district court, asked the Court to decide the Citizenship Naturalization application case.

9) 8/16/2007: District US Attorney office asked USCIS District Attorney office to expedite the alien's FBI Name Check, and USCIS District Attorney office agreed, and it asked FBI to expedite the alien's name checking.

10) 8/30/2007: the alien took second fingerprints at local USCIS office,

11) 8/30/2007: the alien took second interview at local USCIS office, and was told the FBI name check has finished.

12) 9/21/2007: the alien took US citizen Oath ceremony at a local Court

13) 9/24/2007: 1447(B) lawsuit dismissed.

Since we received great help from this forum, now is the time to put feedback to help others, and share our experience with so many other immigrants here. We welcome any question, and will reply the question in time (but not daily)

Waiting is not the answer, DO SOMETHING is the answer!



VectorP
www.greencardapply.com
www.greencardfamily.com
 
Last edited by a moderator:
How did the oath ceremony take place prior to the second interview/FP. Must be a typo in your dates.
 
Delayed Name Check

Hi I am new in this forum. I applied for my N400 in May 2006, finger printed in June 2006 and have not received anything since. I have written tons of letter to the INS office and only get a generic reply of waiting for name check. Recently, I have sent a FOIPA inquiry to FBI and received a "No-Record". I want to know if anyone have waited this long before and if anyone know what to do next. Thanks!
 
If you haven't had an interview, there is not much you can do through the legal angle. Sounds like you and well and truly stuck in namecheck, and can only pursue the non-lawsuit angles such as writing to congressmen, senators and the first lady.
 
What you can do is file and MANDAMUS ACTION

eg0788 said:
Hi I am new in this forum. I applied for my N400 in May 2006, finger printed in June 2006 and have not received anything since. I have written tons of letter to the INS office and only get a generic reply of waiting for name check. Recently, I have sent a FOIPA inquiry to FBI and received a "No-Record". I want to know if anyone have waited this long before and if anyone know what to do next. Thanks!
Click to expand...

It has been USCIS' practice previously to schedule an applicant's naturalization interviews after the FBI fingerprint check has cleared, but always before the FBI name check has cleared.

After April 25, 2006, the USCIS only schedules naturalization interview once the FBI name check has also cleared. The reason for this is to avoid lawsuits against the USCIS demanding a decision in the naturalization case, and that is the reason that you have not got naturalization interview yet.

INA Section 336(b), 8 U.S.C. § 1447(b) provides for federal court judicial review for delayed naturalization petition in these circumstances - if there is a failure to make a determination before the end of the 120-day period after the date on which the initial naturalization examination (interview) is conducted, the applicant may apply to the United States District Court for the District in which the applicant resides for a hearing on the matter.

Since you filed N-400 after April 25, 2006, you can not get the initial naturalization interview from USCIS before your FBI name check has cleared. Therefore, you can not use INA Section 336(b), 8 U.S.C. § 1447(b) to file a lawsuit against USCIS & FBI to expedite your name check process by using the "120 day rule" after first interview. But that does NOT mean you can not do anything and just wait. The following is HOW:

What you can do is to file and MANDAMUS ACTION (not 1447(b) Naturalization Hearing) at the United States District Court to ask Court to push USCIS & FBI to expedite your name check process. Mandamus Action can be used to compel administrative agencies to act. The federal statute authorizing mandamus actions is 28 U.S.C. § 1361, sometimes known as “The Mandamus Act.” That statute says: Action to compel an officer of the United States to perform his duty.

The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff. In this way, you ask the Federal Court to ORDER the USCIS & FBI to expedite your name check process, instead of your writing letters again and again to USCIS/FBI without any progress.

As you can see, without USCIS naturalization interview, you still can file lawsuit against USCIS & FBI to push/expedite your name check process, much more than just writing to congressmen/senators/first lady....




VectorP
www.greencardapply.com
www.greencardfamily.com
 
Last edited by a moderator:
Question

i got today my letter form the FBI - NO Records responsive to my FOIPA request was located.
Now i thinking to File a Motion to Withdraw Mandamus in California.
If any have information on Case in California ( Los Angeles ) would be help full.
Thanks
 
Need your suggestion & advice please

vectorP said:
It has been USCIS' practice previously to schedule an applicant's naturalization interviews after the FBI fingerprint check has cleared, but always before the FBI name check has cleared.

After April 25, 2006, the USCIS only schedules naturalization interview once the FBI name check has also cleared. The reason for this is to avoid lawsuits against the USCIS demanding a decision in the naturalization case, and that is the reason that you have not got naturalization interview yet.

INA Section 336(b), 8 U.S.C. § 1447(b) provides for federal court judicial review for delayed naturalization petition in these circumstances - if there is a failure to make a determination before the end of the 120-day period after the date on which the initial naturalization examination (interview) is conducted, the applicant may apply to the United States District Court for the District in which the applicant resides for a hearing on the matter.

Since you filed N-400 after April 25, 2006, you can not get the initial naturalization interview from USCIS before your FBI name check has cleared. Therefore, you can not use INA Section 336(b), 8 U.S.C. § 1447(b) to file a lawsuit against USCIS & FBI to expedite your name check process by using the "120 day rule" after first interview. But that does NOT mean you can not do anything and just wait. The following is HOW:

What you can do is to file and MANDAMUS ACTION (not 1447(b) Naturalization Hearing) at the United States District Court to ask Court to push USCIS & FBI to expedite your name check process. Mandamus Action can be used to compel administrative agencies to act. The federal statute authorizing mandamus actions is 28 U.S.C. § 1361, sometimes known as “The Mandamus Act.” That statute says: Action to compel an officer of the United States to perform his duty.

The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff. In this way, you ask the Federal Court to ORDER the USCIS & FBI to expedite your name check process, instead of your writing letters again and again to USCIS/FBI without any progress.

As you can see, without USCIS naturalization interview, you still can file lawsuit against USCIS & FBI to push/expedite your name check process, much more than just writing to congressmen/senators/first lady....




VectorP
www.greencardapply.com
www.greencardfamily.com
Click to expand...

Hi VectorP,

Just wanted to give you all heads up on my 2nd interview at Atlanta DO yesterday. If you recall from my previous postings, my interview never took place back in Jan of this year. Yesterday it was nothing different but another big disappointment at Atlanta DO.

I was called for the interview around 8am yesterday morning. The officer took me into his office and simply told me that he cannot interview as the file has not reached Atlanta DO. He told me to wait and there is nothing that can be done.

On the other hand, I have been in touch with my local senator's office time to time. Their last response dated Oct 14th says that USCIS is sitting on my file because of some additional security checks. My name check & FP were cleared since March of this year.

Looking for some positive and encouraging feedback from u that would make my day

My timeline is below:

Mesquite, TX service center

Atlanta DO

PD: April 2006
1st FP: May 2006
1st Interview Notice: Dec 2006
1st Interview: Jan 2007
2nd FP: Sep 4th 2007
2nd Interview letter: Sep 11 2007
2nd Interview: Oct 10 2007
 
Last edited by a moderator:
Interesting comparison

I have two friends, both got stuck in FBI name check. One hired a laywer and the other tried to sue himself. The one with a lawyer is a citizen now and the other one isn't. There's alot of info here about doing it yourself, but I think we just don't hear about all of the cases that didn't work out so good. I think it's better to go with an attorney, especially if you can find one kind enough to give you a break on the fees, like my friend did. They are out there.
 
Good thinking

Ulrich said:
I have two friends, both got stuck in FBI name check. One hired a laywer and the other tried to sue himself. The one with a lawyer is a citizen now and the other one isn't. There's alot of info here about doing it yourself, but I think we just don't hear about all of the cases that didn't work out so good. I think it's better to go with an attorney, especially if you can find one kind enough to give you a break on the fees, like my friend did. They are out there.
Click to expand...

I like the way you think :). Infact I was thinking and asking myself if it will be a good idea to save some bucks & do WOM myself. It's not a rocket science for God's sake but your argument convinced me....right on and I got my answer. Good thinking....good job.
 
Atlanta_Brother said:
I like the way you think :). Infact I was thinking and asking myself if it will be a good idea to save some bucks & do WOM myself. It's not a rocket science for God's sake but your argument convinced me....right on and I got my answer. Good thinking....good job.
Click to expand...

I did the initial filing myself but when AUSA filed MTD I hired an attorney $2500 was the retainer. received oath letter withing 2 months for the attorney fiing a reply to the MTD and requesting a court hearing.
 
Atlanta_Brother said:
Hi VectorP,

Just wanted to give you all heads up on my 2nd interview at Atlanta DO yesterday. If you recall from my previous postings, my interview never took place back in Jan of this year. Yesterday it was nothing different but another big disappointment at Atlanta DO.

I was called for the interview around 8am yesterday morning. The officer took me into his office and simply told me that he cannot interview as the file has not reached Atlanta DO. He told me to wait and there is nothing that can be done.

On the other hand, I have been in touch with my local senator's office time to time. Their last response dated Oct 14th says that USCIS is sitting on my file because of some additional security checks. My name check & FP were cleared since March of this year.

Looking for some positive and encouraging feedback from u that would make my day
Click to expand...


Atlanta_Brother:

You said that your name check & FP were cleared since March of this year, and there are some additional security checks going on. So, it looks like your case is somewhat different from the normal situation.

Since there are some additional security checks going on, it is better for you to know if there is something wrong for you at FBI. One suggestion is that you may want to send a FOIPA inquiry to FBI to make sure there no case at FBI against you.

If you receive the FOIPA inquiry result letter back from FBI, and the result is "No-Records", which means that there is no case at FBI against you, then you can ask USCIS/FBI why you need to go through the "additional security checks" and not give your personal interview so far.




VectorP
www.greencardapply.com
www.greencardfamily.com
 
Last edited by a moderator:
This is the confusion

vectorP said:
Atlanta_Brother:

You said that your name check & FP were cleared since March of this year, and there are some additional security checks going on. So, it looks like your case is somewhat different from the normal situation.

Since there are some additional security checks going on, it is better for you to know if there is something wrong for you at FBI. One suggestion is that you may want to send a FOIPA inquiry to FBI to make sure there no case at FBI against you.

If you receive the FOIPA inquiry result letter back from FBI, and the result is "No-Records", which means that there is no case at FBI against you, then you can ask USCIS/FBI why you need to go through the "additional security checks" and not give your personal interview so far.

VectorP
www.greencardapply.com
www.greencardfamily.com
Click to expand...

VectorP,

This is so confusing because when I show up for the interview, they tell me that my file hasn't made it or transferred to our office (Atlanta DO) from the service center (Mesquite, TX). They never tell me that because of some additionaly USCIS checks I am not being interviewed and senator's office tells me a different story that some additional USCIS check is delaying my interview. 2 different stories. Who is right, who is wrong and who is making it up. Why am I not getting a clear picture ? This is really confusing. They are giving me a run around just for nothing. Back in April when I had called the cust service line, I was told that Atlanta has requested your file on couple of different ocassions and the file transfer has initiated in April and the file is now in route to Atlanta. It will make it in 90 days. It has been 180 days & nobody knows where my file is. Additional security check may just be an excuse that they are using since they can't track / locate my file, isn't it. What do u think ?

Thanks.
 
Please help

VectorP,

Could you please let me know who is your attorney help the lawsuit and approx. legal costs. Is this Atlanta DO? I have the similiar suitation this would greatly help me and really appreciated your assistance.

Paramid,



vectorP said:
Recently, we successfully helped an alien applicant to file an 1447(B) lawsuit at a federal district court against Department of Homeland Security, USCIS, and FBI, for his long-time delay (about 2 years) of FBI Name Check and his US Citizenship application. After filing the 1447(B) lawsuit, the alien passed FBI Name Check in less than a month, and took US Citizen oath ceremony in one and half month.

The following is a list of the US Citizenship application and the 1447(B) lawsuit case steps and progress:

1) 10/13/2005: filed Form N-400 US Citizenship Naturalization application at Vermont Service Center

2) 1/18/2006: took fingerprints at local USCIS office

3) 3/10/2006: passed interview for English and US history exam at the local USCIS office, but was told that he can not get US Citizenship at that time, because of the FBI Name Check and background investigation pending.

4) waiting and waiting patiently for a Naturalization notice from USCIS, but it never happen.

5) 10/3/2007: can not wait endlessly, so sent a FOIPA inquiry to FBI to make sure there is no case at FBI against the alien applicant.

6) 11/18/2007: received FOIPA inquiry result letter back from FBI, the result is "No-Records", which means that there is no case at FBI against the alien applicant.

7) from 12/1/2006 to 7/15/2007: sent more than 30 letters at different times to USCIS, FBI, US Congress, US Senators, US Congressmen to ask help to expedite the FBI name checking, but no really help and valid progress at all. Some replied with official words asking for waiting, but for most cases, no reply at all.

8) 8/6/2007: filed 1447(B) lawsuit against Department of Homeland Security, USCIS, and FBI at a federal district court, asked the Court to decide the Citizenship Naturalization application case.

9) 8/16/2007: District US Attorney office asked USCIS District Attorney office to expedite the alien's FBI Name Check, and USCIS District Attorney office agreed, and it asked FBI to expedite the alien's name checking.

10) 8/30/2007: the alien took second fingerprints at local USCIS office,

11) 8/30/2007: the alien took second interview at local USCIS office, and was told the FBI name check has finished.

12) 9/21/2007: the alien took US citizen Oath ceremony at a local Court

13) 9/24/2007: 1447(B) lawsuit dismissed.

Since we received great help from this forum, now is the time to put feedback to help others, and share our experience with so many other immigrants here. We welcome any question, and will reply the question in time (but not daily)

Waiting is not the answer, DO SOMETHING is the answer!



VectorP
www.greencardapply.com
www.greencardfamily.com
Click to expand...
 
Directly going for Mandamus

vectorP said:
Atlanta_Brother:

You said that your name check & FP were cleared since March of this year, and there are some additional security checks going on. So, it looks like your case is somewhat different from the normal situation.

Since there are some additional security checks going on, it is better for you to know if there is something wrong for you at FBI. One suggestion is that you may want to send a FOIPA inquiry to FBI to make sure there no case at FBI against you.

If you receive the FOIPA inquiry result letter back from FBI, and the result is "No-Records", which means that there is no case at FBI against you, then you can ask USCIS/FBI why you need to go through the "additional security checks" and not give your personal interview so far.




VectorP
www.greencardapply.com
www.greencardfamily.com
Click to expand...

VectorP,

Is it a bad idea, if I directly go with filing mandamus without going thru FOIPA as you had suggested. I am sure by filing madamus we will not be wasting time and be done & over with soon, isn't it. First of all, I know I am clean. I haven't done anything that FBI would have any records against me, that I am sure & if there is anything, we will find out when we file mandamus.

Hope to hear from u.
 
Atlanta_Brother:

It is difficult to know which story is true. On one hand, the security check includes several steps: 1) The Interagency Border Inspection System (IBIS) Name Check; 2) FBI Fingerprint Check; 3) FBI Name Checks (please also see www.greencardapply.com/news/news06/news06_0927.htm)

On the other hand, if the local USCIS office interviews you for your naturalization application, the local USCIS officer must have your N-400 application documents on hand to ask and verify questions that you checked/answered on the N-400 form. So you N-400 form must be transferred from the Service Center to the local USCIS office. Therefore, there may be a chance that you files lost in between, or can not found in time (or for long time).

It is NOT a good idea to file Mandamus Action without FOIPA from FBI first. Because you file the Mandamus Action in the District Federal Court, you need evidence to prove whatever you claimed in your complaint. The FOIPA result from FBI is the direct evidence that your name check delay is not your fault, but the government agencies' (USCIS, FBI) administrative reason only.

For any argument in the court or in the court’s documents, the "I know I am clean" can not be your argument in the court, and you need the evidence. Here, the FOIPA result of "NO-Records" is your strong evidence in the Mandamus Action filed in the court.


VectorP
www.greencardapply.com
www.greencardfamily.com
 
Cybex makes a very good point

vectorP said:
Atlanta_Brother:

It is difficult to know which story is true. On one hand, the security check includes several steps: 1) The Interagency Border Inspection System (IBIS) Name Check; 2) FBI Fingerprint Check; 3) FBI Name Checks (please also see www.greencardapply.com/news/news06/news06_0927.htm)

On the other hand, if the local USCIS office interviews you for your naturalization application, the local USCIS officer must have your N-400 application documents on hand to ask and verify questions that you checked/answered on the N-400 form. So you N-400 form must be transferred from the Service Center to the local USCIS office. Therefore, there may be a chance that you files lost in between, or can not found in time (or for long time).

It is NOT a good idea to file Mandamus Action without FOIPA from FBI first. Because you file the Mandamus Action in the District Federal Court, you need evidence to prove whatever you claimed in your complaint. The FOIPA result from FBI is the direct evidence that your name check delay is not your fault, but the government agencies' (USCIS, FBI) administrative reason only.

For any argument in the court or in the court’s documents, the "I know I am clean" can not be your argument in the court, and you need the evidence. Here, the FOIPA result of "NO-Records" is your strong evidence in the Mandamus Action filed in the court.


VectorP
www.greencardapply.com
www.greencardfamily.com
Click to expand...

VectorP,

If you could spare few mins and take a look at Cybex postings. We have been discussing this in the last couple of days. He makes some great points regarding my issue. It's under the heading:

A big disappointment with my 2nd interview today

Thanks.
 
Please Help :) VectorP

VectorP,

I have seen lots of posting regarding about lawsuit. I was wonder could you please help me or perhaps suggest me that is there any good attorney who could help me on my case. Was your case pending at Atlanta DO? I have situation where i have my interview completed, however they didn't allow me for the Oath due to a 2 A# file. Until they received the other physical file and consolidate both files then they will send me the oath letter. However, it has been almost 3 months now and i am really frustrated what should i do? any suggestion would greatly appreciated.....

Have a great day..

Paramid


paramid said:
VectorP,

Could you please let me know who is your attorney help the lawsuit and approx. legal costs. Is this Atlanta DO? I have the similiar suitation this would greatly help me and really appreciated your assistance.

Paramid,
Click to expand...
 
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