Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

are these two documents useful?

RealSuperK said:
Here it is. Check out paragraph 19 of Cannon Testemony. Also, check out the other document, Page 24. It says that "CIS may pay FBI to expidite a few hundred name checks per month"
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Gurus,

I have a question about the two documents mentioned in this post. Paragraph 19 of the Cannon testimony mentioned that the name check can be expedited by USCIS, but it didn't give a time frame for expedited name check. Did I miss something? Page 24 of the second document is similar. Are these useful? Has anyone used these two documents in your law suit?
 
verywang,

verywang said:
I was told about a month ago by the US attorney that my name check was cleared by FBI, and it was in the hand of CIS. my case was due last week on 07/22/06, but there is still no news. I know the US attorney is on vacation, and the CIS guy is on vacation as well. What can I do at this point? I am really anxious. (my father is dying, I need this passport to visit him before he dies) please help!
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Ask for default judgement in court if the answer for your case is past due. I don't give a rat ass if they are on vacation, they are paid to do their phucking job!

Also, is your case AOS or N-400? I assume it's N-400 since you said "passport", in that case, you still have a valid GC and you should be able to go visit your father.

Best wishes for all,

Balto
 
180-day rule?

Dear gurus,

I have a question about WoM law suit. I found in the template provided in this forum the following:

28. Section 202 (8 U.S.C. § 1571) of the Title II of the American Competitiveness in Twenty-first Century Act of 2000 (AC21) clearly lays down the parameters of reasonableness in immigration adjudication, stating: “…It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application.”

My question is if I am not mistaken AC21 is for employment-based permanent residency? Also, I thought this is a pretty nice way to establish what's the standard for reasonableness. Gurus please advise.
 
Hi Boston_case:

I sent you a PM. Please read it when you have time. Thanks,

Jack

boston_case said:
I spoke with this attorney. He seems to be pretty knowledgeable and knows about the procedure. His fees is $2000 plus #350 filing fee. Hope this helps...
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WOW, if it is true, I think it applies to all immigration related application, green card and citizenship.

opthb said:
Dear gurus,

I have a question about WoM law suit. I found in the template provided in this forum the following:

28. Section 202 (8 U.S.C. § 1571) of the Title II of the American Competitiveness in Twenty-first Century Act of 2000 (AC21) clearly lays down the parameters of reasonableness in immigration adjudication, stating: “…It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application.”

My question is if I am not mistaken AC21 is for employment-based permanent residency? Also, I thought this is a pretty nice way to establish what's the standard for reasonableness. Gurus please advise.
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Help

Mette: How did you gain access to PACER? I have been looking everywhere for an attorney to file WoM in North Carolina to no avail. Please advise!!

Fight Back: I think an extra fee for expedited application processing is a great idea. It worked wonders for H1B visas. H1B applicants can pay $1000 extra and their application get processed in 2 weeks max. This may actually help both those who are able to pay and those who can't since so many application will move faster leaving fewer people on backlog.

Ernorman: congratulation man, you are right that if you really show the AUSA that you are ready for a fight they are more likely to push for a solution since everyone in the US and outside know how crappy the immigration service has become.
 
ICU Doc said:
Mette: How did you gain access to PACER? I have been looking everywhere for an attorney to file WoM in North Carolina to no avail. Please advise!!
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I just registered there and they sent me a password.
 
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Balto said:
Ask for default judgement in court if the answer for your case is past due. I don't give a rat ass if they are on vacation, they are paid to do their phucking job!

Also, is your case AOS or N-400? I assume it's N-400 since you said "passport", in that case, you still have a valid GC and you should be able to go visit your father.

Best wishes for all,

Balto
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hey Balto, thanks for the email. My passport situation was a bit complicated. I did have a chinese passport but expired and government refuse to issue one for me(due to some political reasons) They also declined me trying to use the travel permit issued by the US. So without a US passport, I am stranded!
 
opthb said:
Gurus,

I have a question about the two documents mentioned in this post. Paragraph 19 of the Cannon testimony mentioned that the name check can be expedited by USCIS, but it didn't give a time frame for expedited name check. Did I miss something? Page 24 of the second document is similar. Are these useful? Has anyone used these two documents in your law suit?
Click to expand...

You don't use those documents in the lawsuit because in the lawsuit you have to list your own specific circumstances. Those documents might be usefull if the AUSA decided to fight your case and you have to go into discovery, motion filing, etc.

K
 
thanks.

RealSuperK,

Thanks for you explanation. I was curious about how to utilize these two documents. What you said makes sense to me.

RealSuperK said:
You don't use those documents in the lawsuit because in the lawsuit you have to list your own specific circumstances. Those documents might be usefull if the AUSA decided to fight your case and you have to go into discovery, motion filing, etc.

K
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moody22 said:
Alright guys, I really need everybody helps now:

I went today to the Citizenship office, and I filled an information inquiry about my case.
The following conversation took place between me and the INFO. Officer:
Me: I came to check if there are new updates regarding my 2 years pending N-400 application.
She opened her computer, typed my A#, and answered back, No, it’s still pending background security check.
Me: Well, I have new updates, I wrote to Mrs. Bush couple months ago, and asked for her personal help in expediting my name check through the FBI. And her office responded back to me with promising to help.
She: Ok!!!!
Me: last Friday I received a letter” and show it to her” from the FBI, saying that my name check was requested on 7/26/04, and was processed and finalized and forwarded back to the USCIS Headquarter in D.C on 7/27/04. I also have 2 FOIPA from the FBI, with NO Record each.
“I noticed that she have several copies from the USCIS website Fact sheet, as a ready service for the applicants if they asked about the delay”, so I pulled on of them and told her: if these are the checks required as this note said, so:
1.FBI Name check was finalized on 7/27/04
2.FBI Finger print was done on 8/19/04 and the result was sent to the CIS at the same day.
3.IBIS check was performed, because my I-751 application was approved last September, and this check is required for this application approval.
She looked to her computer again, and played with it for 3 minutes, and then she said, I will talk to the supervisor.
After 10 minutes, she came back and said: we do other checks beside the FBI checks, and your application is pending because we do some investigation on you, and some other checks.
Me: can you please explain more to me. May be I have some documents or information that I can help you guys in your checks.
She: no, we don’t share any info. With the applicants.
And she printed a response for me saying, application is pending final decision. And underneath: pending security background clearance.

What do you guys think about this Crap. :mad:
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If money isn't an object, spend $350 and sue them. When you go to those infopass appointments, you are dealing with low level government workers who all the sudden get to play God. They will throw whatever crap that comes into their head to get rid of you. I got the same type of a response back in January - "we perform 35 billion different checks, name check is just one of them. It might take 4 years to finish all those check. Get lost." Check out my signature. It didn't take that long. Can you guess the reason?

K

P.S. The letter from FBI will look great as an attachment to your lawsuit.
 
two questions about WoM lawsuit?

Gurus,

I have established the fact that my I-485 application is delayed by the name check based on the reply from USCIS to congressional inquiries. To show the court that I have exhausted all possible remedies, I have sent out a batch of complaint letters to FBI and USCIS people asking for the expedition of my name check and I-485 processing around 07/20. I plan to file this week or the next week, but I hesitate to include these recent letters in the exhibits right now, because I am afraid they may argue that (1) there is no reply and (2) I didn't give them enough time to respond.

Should I include them anyway? Is it possible to add exhibits after the law suit has been filed? Thanks for your help.
 
RealSuperK said:
If money isn't an object, spend $350 and sue them. When you go to those infopass appointments, you are dealing with low level government workers who all the sudden get to play God. They will throw whatever crap that comes into their head to get rid of you. I got the same type of a response back in January - "we perform 35 billion different checks, name check is just one of them. It might take 4 years to finish all those check. Get lost." Check out my signature. It didn't take that long. Can you guess the reason?

K

P.S. The letter from FBI will look great as an attachment to your lawsuit.
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Thanks for evrybody responded to my concern,

I have an appointment with the Attorney next Wedneday.
I will pay him whatever the fuck he ask, just to get these pastards working on my case.

I have a very strong documents to proof thier laziness and incompetency in front of the judge.
FBI has cleared my name check crap two years ago, and they said yesterday:" we still invesigate you" ooooooooh my god, i'm so scaered from thier fucken investigation, let them do whatever, i know my self very well, and i know i never did anything wrong niether here, or back home. I don't even drink Beer. :mad:

Regards,

Moody
 
Yaaaaaaaauuuuuuuuu!!!!!!!!!!!!!!!!!!!!!

Just now an officer from USCIS called to ask for additional documents - birth and marriage certificates and said both mine and my husband's applications for GC will be finalized the same day he receives that!!!!!!!!!!!!!!!!!!!!!!!!!! Everything else is complete!!!! He was so nice I would kiss him if not for the phone.

Yo-ho-hooow!

WOM makes magic!!!

WOM filed on 05-25-06, US attorney served on 06-20-06, so it is 19 days before deadline, 41 days after US att. was served and 56 days after USCIS was served.
 
ls691035 said:
Yaaaaaaaauuuuuuuuu!!!!!!!!!!!!!!!!!!!!!

Just now an officer from USCIS called to ask for additional documents - birth and marriage certificates and said both mine and my husband's applications for GC will be finalized the same day he receives that!!!!!!!!!!!!!!!!!!!!!!!!!! Everything else is complete!!!! He was so nice I would kiss him if not for the phone.

Yo-ho-hooow!

WOM makes magic!!!

WOM filed on 05-25-06, US attorney served on 06-20-06, so it is 19 days before deadline, 41 days after US att. was served and 56 days after USCIS was served.
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You are almost done! I checked my voicemail and AUSA left two messages: "All your demand is honored except the EAA claim. I would like to establish a communication with you...." It is damn hard to get money from them, but everything else looks working. I just don't feel like to call him today, will follow up tomorrow.
 
Got e-mail from US Att. today. FBI completed NC today, and USCIS immediately approved applications. Got copies of approvals as well
:D :D (originals are being sent by mail, so, they approved even without certificates).

He also wrote
"I am going to ask the Court to dismiss your lawsuit as moot, and you'll get a copy of that motion as soon as I file it. But in the meantime, I wanted to notify you as soon as possible that the adjustments have been granted."

I guess I have to try to insert words about approval in their motion to dismiss, right?

Best luck to all waiting! Great thanks to all the people on the tread, it has been great help and encouragement all the way!!! Great to sue FBI and win :p

Whoa! I guess I postpone celebrations till I receive the cards. :cool:
 
congratulations

ls691035,

Congratulations! How long has your name check beening pending? and where did you file your WoM? Is this employment- or marriage-base?

ls691035 said:
Got e-mail from US Att. today. FBI completed NC today, and USCIS immediately approved applications. Got copies of approvals as well
:D :D (originals are being sent by mail, so, they approved even without certificates).

He also wrote
"I am going to ask the Court to dismiss your lawsuit as moot, and you'll get a copy of that motion as soon as I file it. But in the meantime, I wanted to notify you as soon as possible that the adjustments have been granted."

I guess I have to try to insert words about approval in their motion to dismiss, right?

Best luck to all waiting! Great thanks to all the people on the tread, it has been great help and encouragement all the way!!! Great to sue FBI and win :p

Whoa! I guess I postpone celebrations till I receive the cards. :cool:
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