About name check again

[valerit1]

I got my interview on 5/23/06 - name check pending. Was told by the officer if in two months
nothing arrives - "come and see me". Silly me -
I came, gave the security the form, waited for
two hours, asked what was going on - they said
the officer interviewed me "is gone", he was "wrong" telling me I should just come, I need
to set up and appointment first to see anyone
in the immigration, they cannot find my form -
most likely "went in the trash" - bye - bye.
Nice?! My questions:

1. Does it even make sense to waste my time again (two hours drive, two hours wait) to see anyone in the local office regarding the f!#$$^*) incomplete name check? Will they do anything? Any experience?

2. Does it make sense to file the law suit
much earlier - in two months or so. By the
time the legal bureacracy is completed (i mean serving, etc.) it will over 120 days anyway, and may be even an early suit will kick their ass a little? Any opinions?
Thanks a lot!



Val

 

[LegalAlien99]

Hi Val,

That sucks! I doubt it is worth another drive. You would have to make an InfoPass appointment and they won't be able to tell you much either. Plus, they have an even worse attitude than the guys manning the 1-800-misinformation line.

No, you cannot file before the 120 days have actually elapsed. The court would reject it. What you can do though is this:

Use the time between now and the end of the 120 days to a) research things related to filing under 8 U.S.C. 1447(b) b) log on to the website of the U.S. Federal District Court having jurisdiction over your place of residence and download the Pro Se Handbook. In some cases, they do not have it online and you have to go to the court and access the hardcopy c) prepare the paperwork required for such a lawsuit.

This way, you won't have to do stuff last minute. I would not waste time writing letters to you DO director stating your intend to sue. They do not care either way. After all, they are gov't bureaucrats and nobody will hold them to account for incompetence anyway.

I would not waste any effort on writing Congressmen and Senators either. Firstly, it takes members of Congress quite a while to do anything. Furthermore, they are not the 'customer agency' which initiated the name check. So other than - maybe - finding out since when your name check is pending, they won't be of much use.

Also, let us not forget that your case (much like mine) does not have any urgency in their eyes; compared to name checks that have been pending for years.

Just my two cents... .

Cheers!

Legal