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

wenlock

Registered Users (C)
zlin said:
Usually, FP code 3 is 1st FP code
FP code 1 is 2nd FP code
So are your 2nd FP code and 3rd FP the same, if so, then 3rd FP mail could be redo of your 2nd FP?
My first and third FP notice have no code but second have code 1.

First and third do not even have field code printed on the letter.
 

wine06

Registered Users (C)
The second day after I asked the local congressman's office for the written communications wiht FBI about my naming check, I was told that my name checking was clear. I already got ready for everything to start a lawsuit. I didn't pay money yet, although :rolleyes:

So here is my suggestion: if you think your case is strong enough, call the congressman or senator's office and tell them you are thinking about legal process about it, ask them to talk to USCIS and FBI about it. It Maybe useful. If not, then start a lawsuit.

Good Luck, I appreciated all the informations and help I got here.
 

paz1960

Registered Users (C)
zenusa said:
Here is the 4 min video from Paula Zahn...I think it is from last night


bias or FBI Backlog?
Watching yesterday the Paula Zahn program, I agree with Michael Cannon from FBI that religion is not a base for delaying the name check process.

But the country of origin of the applicant can be. From the hundreds of cases I studied it became clear that most of the Plaintiffs are from Middle Eastern countries but many from China and from republics of the former USSR and some other Eastern European countries (like me). Now of course, there is a strong correlation between muslim religion and the Middle Eastern countries...
But people from China or the former Soviet block are not typically muslims. Let's be more realistic: the more scrutinized are people from countries who were not necessary always friendly to the US.
 

jsms10

Registered Users (C)
Second FP notice...Is it a good sign?

Hi All:
My AOS case has been stuck in FBI Nme Check since my interview in 03/2006. (So I was gearing up to do a WOM.) My first FP was done sometime in Sep/Oct 2005. I just received a letter from USCIS Disctrict Office stating:
"Your case is pending because your previous fingerprints expired. Please report to ASC for fingerprinting. Upon completion, submit a copy of your fingerprint confirmation letter in the attached green envelope."
The envelope is addressed to ATTN: DAO <FirstNameInitial> <LastName>

Does this mean my FBI Name Check has been completed?
What do you guys think?
Thanks!
 

paz1960

Registered Users (C)
jsms10 said:
Hi All:
My AOS case has been stuck in FBI Nme Check since my interview in 03/2006. (So I was gearing up to do a WOM.) My first FP was done sometime in Sep/Oct 2005. I just received a letter from USCIS Disctrict Office stating:
"Your case is pending because your previous fingerprints expired. Please report to ASC for fingerprinting. Upon completion, submit a copy of your fingerprint confirmation letter in the attached green envelope."
The envelope is addressed to ATTN: DAO <FirstNameInitial> <LastName>

Does this mean my FBI Name Check has been completed?
What do you guys think?
Thanks!
Before I got an appointment letter for my 2nd FP, I thought that they send this only after the name check is complete and otherways they are ready to adjudicate the application. I had my 2nd FP on Dec. 26 and still nothing happened since then. I have a pending lawsuit based on 1447(b) (N-400 application). So I don't know...
 

huxf

Registered Users (C)
In my case, 2nd FP means Name Check completed as well. USCIS sent me the FP notice on the same day when NC cleared. (Confirmed that through infopass, senator inquiry and concressional inquiry. I made several inquiry to confirm this because the stupid NSC told me NC pending after my infopass visit)
However, I don't get Southhuntington's luck. 2nd FP done Dec 26th, still no approval. Inquiry confirmed that case is with adjudicating officer since Jan 5th. I don't know why it takes that long. I though it would be a week or 10 days at most after it gets into the officer's hands.

Southhuntington said:
In my I-485 case, it seems true. I got approval 6 days after the 2nd FP.
 

wenlock

Registered Users (C)
Third

huxf said:
In my case, 2nd FP means Name Check completed as well. USCIS sent me the FP notice on the same day when NC cleared. (Confirmed that through infopass, senator inquiry and concressional inquiry. I made several inquiry to confirm this because the stupid NSC told me NC pending after my infopass visit)
However, I don't get Southhuntington's luck. 2nd FP done Dec 26th, still no approval. Inquiry confirmed that case is with adjudicating officer since Jan 5th. I don't know why it takes that long. I though it would be a week or 10 days at most after it gets into the officer's hands.
What about third FP letter. I had my second FP on Jan 12th and day before yesterday I got third FP letter for 1st Feb. Date of issue of this third FP is 10th Jan so it not not due to some error in my Jan 12th FP. Can some one shed some light on this?

I asked to infom officer on Jan 12th and name check was still pending are we sure that second FP notice only comes when name check clears
 

Happyheart

Registered Users (C)
Hi, Huxf,

Did you get any LUD on your 485 recently? And what is your last LUD?
May I ask which state are you in?


huxf said:
In my case, 2nd FP means Name Check completed as well. USCIS sent me the FP notice on the same day when NC cleared. (Confirmed that through infopass, senator inquiry and concressional inquiry. I made several inquiry to confirm this because the stupid NSC told me NC pending after my infopass visit)
However, I don't get Southhuntington's luck. 2nd FP done Dec 26th, still no approval. Inquiry confirmed that case is with adjudicating officer since Jan 5th. I don't know why it takes that long. I though it would be a week or 10 days at most after it gets into the officer's hands.
 

kefira

Registered Users (C)
paz1960 said:
Watching yesterday the Paula Zahn program, I agree with Michael Cannon from FBI that religion is not a base for delaying the name check process.

But the country of origin of the applicant can be. From the hundreds of cases I studied it became clear that most of the Plaintiffs are from Middle Eastern countries but many from China and from republics of the former USSR and some other Eastern European countries (like me). Now of course, there is a strong correlation between muslim religion and the Middle Eastern countries...
But people from China or the former Soviet block are not typically muslims. Let's be more realistic: the more scrutinized are people from countries who were not necessary always friendly to the US.
I have to argue. I am a canadian citizen and not muslim at all.
 

uniqueengine

Registered Users (C)
update my case

My NC has been stuck since last April.

I filed the case in Boston district court November 30,2006 (1447b)

I called US attorney today, and he told me that my name check was cleared already. USCIS is proceeding long and he is still waiting for final response from CIS.

When I asked if we need to extend another 30 days because 60 days deadline is coming next week, he said we may need to. However he hope he can get response in next week.

I just want everyone knows that the door is still opening (as opposed to the bad news recently that USCIS is closing the door for NC). At least it is still opening for 1447b cases. So don't give up your hope!

BTW, anyone knows how long it is going to take to get final notification from CIS AFTER NC is cleared?
 

paz1960

Registered Users (C)
kefira said:
I have to argue. I am a canadian citizen and not muslim at all.
I think that you missed the point what I was trying to make. I stated that I don't believe that the religion (i.e., being muslim) is the cause for the delay in the name check. Most of the cases where the name check was delayed are with applicants from countries not always friendly in the past to USA: Middle Eastern countries, China, former Soviet block countries. I didn't say that ALL these delayed cases are from these countries, I said MOST OF THEM.

BTW, Have you been born in Canada or your country of birth is different?
 

paz1960

Registered Users (C)
kefira said:
Yes, my country of birth is different, but for me it is only a country of birth, since I did not live there since childhood.
Unfortunately, for USCIS this doesn't matter. They always consider the country of birth. Look, e.g., at the GC; they list the country of birth, not the country of actual citizenship. I am in a somewhat similar situation: I was born in country A, later we moved in country B and we became citizens of this country and we are traveling with a passport of country B.

There is not much logic in the whole process, or at least is not so simple as country of birth or country of citizenship. Again, my own example: my spouse was born also in country A, moved with me in country B and became citizen of country B, we applied together for US citizenship, her application was granted at the end of the interview (same day as mine), my application is still pending due to the name check delay for two years now...
 

huxf

Registered Users (C)
two updates: 12/27/06 and 1/3/07 and then silence.
two inquiries confirmed case with officer on 1/5/07
guess 1/3/07 is the day they move my case from storage to officer's desk?


Happyheart said:
Hi, Huxf,

Did you get any LUD on your 485 recently? And what is your last LUD?
May I ask which state are you in?
 

huxf

Registered Users (C)
I certainly want to know the answer as well. but guess no answer for that ...
I noticed a tread in the VSC 485 forum, where the days take to get GC after FP vary from 20-60 days.
But you can see some lucky pesons here got GC just several days after FP.

uniqueengine said:
BTW, anyone knows how long it is going to take to get final notification from CIS AFTER NC is cleared?
 

aka808

Registered Users (C)
Second FP is "normally" a sign of NC getting cleared. I got mine after my second interview. The delay between the second FP and getting an approval or adjudication on the case is that (in most instances) the file if pursued through the 1447(b) (lawsuit) route goes to the Washington DHS (HO) to be reviewed and cleared and takes a few weeks (month or so).

I spoke to the AUSA after my second FP and interview and he informed me that it has to go that route (although i will add that i have seen cases on this forum where the plantiff's have recieved oath almost immediately) I am still waiting to hear the final word. Name check was cleared in september according to the USCIS, FBI and AUSA.
 

mgzh

Registered Users (C)
called the ausa again, no reply

hi, paz, i keep calling the ausa again today, and left my office number and my mobile, but no answer so far. is it odd?
 

paz1960

Registered Users (C)
mgzh said:
hi, paz, i keep calling the ausa again today, and left my office number and my mobile, but no answer so far. is it odd?
Well, I see two explanations:
1. AUSA doesn't want to talk to you
2. AUSA is out of office

I also called today my AUSA (I tried to reach him since Monday, calling every day). Finally, I managed to speak to his legal assistant. Per this lady, AUSA is out of office till next week Tuesday. Should I believe her? Because I don't have a way to verify this and even if I would find out that she was not telling the truth I still can't do anything about it, I decided that I believe her...
 

kefira

Registered Users (C)
mgzh said:
hi, paz, i keep calling the ausa again today, and left my office number and my mobile, but no answer so far. is it odd?
Yes, it is odd, but we are all people and can be sick. Today was the last day that I had to sign ADR forms with my AUSA and I could not get hold on her since monday (including sending her fax). So today I just went to her office, signed my portion and left her to finish the rest. Also I sent my signed copy to ADR office. At least I follow the standard procedure of the case and the rest after her.
I did my second FP 14 days after filing my WOM and it is already 79 days since I filed WOM - so far NC is not cleared and nobody ordered expedite namecheck. Probably everything depends on your luck, same as in casino. Does not matter u r poor/reach/muslim/romanian/etc.
 
Top