A Successful Lawsuit for FBI Name Check and US Citizenship Delay

Vector is touting for business on the forum:)
Looks like he hit pay dirt through this thread!

paramid said:
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
Click to expand...
 
paramid said:
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
Click to expand...

The posted case is a "Pro Se" case with our help, no lawyer hired or involved. So the legal costs are zero (0). For the 1447B case, we know the justice is in the alien's side, the name check delay is due to the USCIS/FBI management reason, not because of the anything wrong on the alien's side. So, most alien should be able to present himself/herself, if alien’s English is not too bad and knows how argue the case. The posted case is in the New York State, not in Atlanta.

For your case, 3 months are not too long. Yes, you are frustrated, but that is not the good reason to hire a lawyer to file a lawsuit in the Federal District court. What you can do is send a letter to ask the local USCIS office for any reason and progress, not to try to file a lawsuit at this time.

A lawsuit in a court takes you a lot of time. If you are not sure you can do the “Pro Se” and hire a lawyer, it takes you a lot of money too (about $3000-$6000?). For new immigrants with Green Cards, most people already spent a lot of money for their Green Cards (also consider the big application fee increase recently). Unless you have big salary or other income, there is no reason to spend several thousand $ to get the US citizenship by correcting the USCIS/FBI's problem.

Therefore, try to solve your problem without considering a lawsuit first, something like asking USCIS for any progress or just wait for another several months, or try to learn from this forum to file lawsuit by yourself (again, if your English is not too bad).

You can ask any question about how to file a lawsuit here, we will reply it in time (but not reply it daily, as noted before).

Also, as a short reply to "brb2", we have NO business interest in this thread and following answers. As we mentioned before, "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."




VectorP
www.greencardapply.com
www.greencardfamily.com
 
If that is the case, I commend your community service. Most people who got green cards through employment are highly skilled and articulate enough to file "pro se", but they form less than 15% of US citizen applicants. The bulk of the applicants came through family immigration, refugee, visa lottery. These applicants could very well need a lawyer's assistance to file.

I agree 3 months is a very short time and I would never recommend filing this early and closing any further options by getting denial for court intervention. Yes, it is tragic that so many law abiding future citizens are caught up in this many of whom have never had any dealings with the law enforcement.

vectorP said:
......
Also, as a short reply to "brb2", we have NO business interest in this thread and following answers. As we mentioned before, "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."




VectorP
www.greencardapply.com
www.greencardfamily.com
Click to expand...
 
Sending letter was not for me

vectorP said:
What you can do is send a letter to ask the local USCIS office for any reason and progress, not to try to file a lawsuit at this time.

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

VectorP,

In the past I had written 2 letters to USCIS and guess what ? Nobody replied back or contacted me regarding my inquiry. I am pretty sure my letters were thrown in the garbage before they were even opened up or were looked at it. I did all sorts of effort, sending letters, making info appointments and also tried getting help from senator's office. Nothing helped. At last USCIS did not leave me with any other choice but to think of filing law suit. I don't think I am ready to wait for this 3rd interview letter. I show up at the interview and then they tell me that my file has not been transferred to the local DO.:mad:
 
Last edited by a moderator:
How long is the wait ?

Any idea how long one has to wait once you file madamus. USCIS generally responds back after how many days to close the case ?

Thanks
 
FOIPA request process

Can someone provide a 101 on the FOIPA process (i.e. to try and get the "No Records" statement from the FBI on your name).

Any help would be greatly appreciated.

Thanks.

AP
 
This is what I think

tabaliya said:
Can someone provide a 101 on the FOIPA process (i.e. to try and get the "No Records" statement from the FBI on your name).

Any help would be greatly appreciated.

Thanks.

AP
Click to expand...

I somehow don't see a reason of FOIPA and the way I look at it is just waste of time. If you think about it, if FBI has any records against you, are they going to write back to you to inform you about your crimes and charges against you so that you can be well prepared about it. I have never seen one incident where FBI writes back anything else but "No Records found". I personally think if one has waited for a reasonable amount of time, filing lawsuit is the way to go.
 
tabaliya said:
Can someone provide a 101 on the FOIPA process (i.e. to try and get the "No Records" statement from the FBI on your name).

Any help would be greatly appreciated.

Thanks.

AP
Click to expand...

AP:

Please check the links:

http://foia.fbi.gov/ and
http://foia.fbi.gov/foia_request.htm

for information and FBI form about how to file FOIPA to FBI. The process is free, you do not need to pay a fee.

You may also send a simple letter to them to describe your case. Usually, you will get a result letter from FBI within about 2 weeks.



VectorP
www.greencardapply.com
www.greencardfamily.com
 
We all know about FBI's response....BIG DEAL

You may also send a simple letter to them to describe your case. Usually, you will get a result letter from FBI within about 2 weeks.


VectorP
www.greencardapply.com
www.greencardfamily.com[/QUOTE]

We all know what FBI will write back. Wanna take a guess. Ok, I'll tell you "No Records found" This is just a game, waste of time, that's all.
 
Hello VectorP,

What about suing for non receipt of passport ?

Is this doable ?

Thanks.

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...
 
Nice to see a successful lawsuit. My case was stuck at name check for 14+ months now; I filled the pro se lawsuit couple weeks ago myself; this forum and the wikipedia page on name check has pretty detailed steps on what to do. I haven't heard back anything from any of the defendents yet; if they fill some followups that I can't handle, I will probably get some help from a lawyer. But the goal is really just give them a little push to get he name check, hopefully it will have that effect.
 
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