After filing WOM law suit, can USCIS/FBI do something bad in the future?

D

dvshin

Registered Users (C)
After getting approved I-485 because of a filed WOM law suit, can USCIS/FBI do something bad for my immigration in the future? In other words, can it somehow affect their decisions on my future petitions, like citisenship etc?
Is the fact that a person filed a law suit against a goverment agency going to be in his/her immigration file(I-485 etc)?
Any thoughts?
 
Considering they will be thinking of you as of pain in the ass... why would they want to have one more lawsuit? :)
 
rir_or said:
Considering they will be thinking of you as of pain in the ass... why would they want to have one more lawsuit? :)
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ris_or,

I agree with you, but my lawyer "suggest to wait, since for Russians it takes longer, and it's perfectly normal". I'm just trying to decide if it's better to file right now or not. If there can be any "bad consequences" I'll wait some more time, but no more than a year for sure.
 
Hi Dvshin,
Are you talking about Mandamus during the I-485 stage ?
If so, I am also getting ready to file this if my case is not decided by Nov 12th. I have had enough. If I find out that I am stuck on such name checking or security thing, I will just file this sucker no matter what my lame lawyer tells me. If I have to seek legal advice on this, I will talk to another lawyer, not the one who represents my case because I learned that lawyers tend to find the path that gives them the minimal effort.

dvshin said:
ris_or,

I agree with you, but my lawyer "suggest to wait, since for Russians it takes longer, and it's perfectly normal". I'm just trying to decide if it's better to file right now or not. If there can be any "bad consequences" I'll wait some more time, but no more than a year for sure.
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marlon2006,

Why Nov 12? Did you send any request through senator/congressman about your security check?

marlon2006 said:
Hi Dvshin,
Are you talking about Mandamus during the I-485 stage ?
If so, I am also getting ready to file this if my case is not decided by Nov 12th. I have had enough. If I find out that I am stuck on such name checking or security thing, I will just file this sucker no matter what my lame lawyer tells me. If I have to seek legal advice on this, I will talk to another lawyer, not the one who represents my case because I learned that lawyers tend to find the path that gives them the minimal effort.
Click to expand...
 
Dvshin,

I don't think there will be any "bad consequences". Remember there will be a judge above watching them - they are more inclined than normal to get you a favorable decision to get off the case.

dvshin said:
ris_or,

I agree with you, but my lawyer "suggest to wait, since for Russians it takes longer, and it's perfectly normal". I'm just trying to decide if it's better to file right now or not. If there can be any "bad consequences" I'll wait some more time, but no more than a year for sure.
Click to expand...
 
junhuaw said:
Dvshin,

I don't think there will be any "bad consequences". Remember there will be a judge above watching them - they are more inclined than normal to get you a favorable decision to get off the case.
Click to expand...

Thanks junhuaw for your input!
 
Well... First of all I do not believe they will put you on some sort of ''black list'', especially if your WOM is successfull and, secondly, they know very well that trying to be to picky at time of Citizenship whithout any good reason might be seen by a Federal Court as a form of retaliation which, in this country, is illegal.
File your WOM ASAP because it works and whithout it I would not have been approved 5 days ago (WOM filled 09/25 and I-485 approved 10/06 :)
Best of luck to you

GED69
 
GED69 said:
Well... First of all I do not believe they will put you on some sort of ''black list'', especially if your WOM is successfull and, secondly, they know very well that trying to be to picky at time of Citizenship whithout any good reason might be seen by a Federal Court as a form of retaliation which, in this country, is illegal.
File your WOM ASAP because it works and whithout it I would not have been approved 5 days ago (WOM filled 09/25 and I-485 approved 10/06 :)
Best of luck to you

GED69
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Thank you GED69. Since my I-485 has been pending only since 11.29.2005, and namecheck was probably initiated on Dec05(waiting confirmation from my congressman, but know for sure that I'm stuck in this because of USCIS letter) which is aprx 10 months, do you think it is enough for Mandamus?
(Case was already outside NSC processing time a months ago)

Would appreciate your and everybody else's input on this.
 
I filled 11 months after filling my I-485. So, considering the additional time to receive letter from senator and to go to Infopass, you will be in the same time frame.
At time of filling, my I-485 was also out of processing time by only one month.
Again this is not legal advice but it seems to me that our applications share close similarities. Bottom line is, make sure you have a well prepared complaint and thorough documentation showing that you have exhausted the limited administrative remedies available to you (see my previous post)
GED69
 
GED69 said:
I filled 11 months after filling my I-485. So, considering the additional time to receive letter from senator and to go to Infopass, you will be in the same time frame.
At time of filling, my I-485 was also out of processing time by only one month.
Again this is not legal advice but it seems to me that our applications share close similarities. Bottom line is, make sure you have a well prepared complaint and thorough documentation showing that you have exhausted the limited administrative remedies available to you (see my previous post)
GED69
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Yes. It looks like a very similar cases. I checked your other posts. I'm also EB2 worldwide. Did you use a laywer? What did you have as a "proof" that you have exshausted all adm means?

Sorry for too many questions...
 
dvshin said:
Yes. It looks like a very similar cases. I checked your other posts. I'm also EB2 worldwide. Did you use a laywer? What did you have as a "proof" that you have exshausted all adm means?

Sorry for too many questions...
Click to expand...

No problem, I'd be glad to help
No I did not have a lawyer and filled ''Pro Se"
I had the following documents:

-Letter from Senators (1)
-Letter from Congresswoman (1)
-FOIA from FBI
-Stamped copy of Infopass appointment
-All receipt notices
-Copy of posted processing times from USCIS website
-Letter I sent to USCIS 20 days before filling WOM, explaining my situation and telling them that I would file a formal complaint if I was not approved within 20 days

I would be happy to post a PDF version of my complaint (with privacy information deleted of course ;) but since I am out of town until November 1st I will not be able to do it now.
Alternatively, you might want to use the search function of this forum and look at all the postings made by Publicus (tremendously helpful)
Do not hesitate to request any help you might need
GED69
 
GED69 said:
No problem, I'd be glad to help
No I did not have a lawyer and filled ''Pro Se"
I had the following documents:

-Letter from Senators (1)
-Letter from Congresswoman (1)
-FOIA from FBI
-Stamped copy of Infopass appointment
-All receipt notices
-Copy of posted processing times from USCIS website
-Letter I sent to USCIS 20 days before filling WOM, explaining my situation and telling them that I would file a formal complaint if I was not approved within 20 days

I would be happy to post a PDF version of my complaint (with privacy information deleted of course ;) but since I am out of town until November 1st I will not be able to do it now.
Alternatively, you might want to use the search function of this forum and look at all the postings made by Publicus (tremendously helpful)
Do not hesitate to request any help you might need
GED69
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GED69,

I would be very grateful to you if you sent to my email dvshin@yahoo.com a PDF of the complaint and any letters you have. Thank you so much for not forgetting about other people...
 
Here is the hstory:

My PD EB3 RoW, April 2002 was reported as 'current' by Sept 10th, 2006 visa bulletin.

It is November 12th because I submitted I-485 RFE response to USCIS NSC on 09/12/06. Then the online message related to my LIN# tells me that in 60 days a decisions should be made, that is on Nov 12th. I don't want to waste my time anymore. If this thing is not resolved by November 12th, I am planning to schedule InfoPass for Nov 13th, 2006. Then I want a confirmation whether my I-485 is stuck on name check. If so, I will follow up with House of Rep and from there file Mandamus. I hope that won't be necessary, but I am prepared.

dvshin said:
marlon2006,

Why Nov 12? Did you send any request through senator/congressman about your security check?
Click to expand...
 
contact congressman now

Hi, marlon2006

If I were you, I would contact congressman and senator's offices now. It usually takes two months for them to get an answer from FBI. Maybe doing it now could save you some time.


marlon2006 said:
Here is the hstory:

My PD EB3 RoW, April 2002 was reported as 'current' by Sept 10th, 2006 visa bulletin.

It is November 12th because I submitted I-485 RFE response to USCIS NSC on 09/12/06. Then the online message related to my LIN# tells me that in 60 days a decisions should be made, that is on Nov 12th. I don't want to waste my time anymore. If this thing is not resolved by November 12th, I am planning to schedule InfoPass for Nov 13th, 2006. Then I want a confirmation whether my I-485 is stuck on name check. If so, I will follow up with House of Rep and from there file Mandamus. I hope that won't be necessary, but I am prepared.
Click to expand...
 
I can do it.

Oceanside,

If I contact them now, any chance they could inquiry with USCIS first and then they would issue a standard reply 'check back on Nov 12th, upon completing the 60 days' ?

Also, I followed up with congressmen on June 2006. My fault, I misplaced the e-mail but I am pretty sure the congresswoman replied and mentioned there that my fingerprints and biometrics were completed and they were just waiting for visa number availability. Do you think that statement is a clear indication that the security background thing is cleared ?

oceanside said:
Hi, marlon2006

If I were you, I would contact congressman and senator's offices now. It usually takes two months for them to get an answer from FBI. Maybe doing it now could save you some time.
Click to expand...
 
infopass

In your case, it is very possible that your security checks have been completed. I would suggest you to do an infopass, rather than to contact your congressman or senator. Ask the immigration officer specifically whether the security checks have been cleared. If yes, just be patient and wait until Nov. If not, I guess you need to contact congressman or senator immediately. Let them contact FBI, rather than USCIS. Please keep all correspondance since they are the evidence when you choose to file a mandamus later.

marlon2006 said:
Oceanside,

If I contact them now, any chance they could inquiry with USCIS first and then they would issue a standard reply 'check back on Nov 12th, upon completing the 60 days' ?

Also, I followed up with congressmen on June 2006. My fault, I misplaced the e-mail but I am pretty sure the congresswoman replied and mentioned there that my fingerprints and biometrics were completed and they were just waiting for visa number availability. Do you think that statement is a clear indication that the security background thing is cleared ?
Click to expand...
 
OK, I will take your suggestion. I scheduled an Infopass appointment for this coming Thursday. I hope I can get together with an immigration officer who can tell me whether my naming check/security background is cleared or not. I will keep everyone posted.


oceanside said:
In your case, it is very possible that your security checks have been completed. I would suggest you to do an infopass, rather than to contact your congressman or senator. Ask the immigration officer specifically whether the security checks have been cleared. If yes, just be patient and wait until Nov. If not, I guess you need to contact congressman or senator immediately. Let them contact FBI, rather than USCIS. Please keep all correspondance since they are the evidence when you choose to file a mandamus later.
Click to expand...
 
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