Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Just proceed with MSJ and do not worry too much about the conference.
Nothing. This is just a standard conference stuff. Nothing major. File your MSJ.
All,
My N-400 namecheck has been pending for about a year and my wife with a kid, who is living & waiting backhome is demanding for divorce due to this indefinite waiting period. I was wondering to know can I ask for Humanitarian Relieve from USCIS/FBI to speed up my case? Please help…
My N-400 namecheck has been pending for about a year and my wife with a kid, who is living & waiting backhome is demanding for divorce due to this indefinite waiting period. I was wondering to know can I ask for Humanitarian Relieve from USCIS/FBI to speed up my case? Please help…
You are in a really tough situation. I feel for you. USCIS does not consider this a reason humanitarian enough. Only critical medical condition where someone is about to die, can be considered as a humanitarian reason. That's what my AUSA told me. I am hoping that you have already filed I-130 for her, so that at least that time is accumulating in the background. You should seriously start thinking about filing a mandamus action. Hopefully you are documenting all your communication with Senators/Congressman etc.. File for FOIPA etc.. Do all the pre-work to make your case stronger.
Visa Bulletin
More than anything else can anyone think of a way to sue USCIS and Department Of State over the way they move the Priority dates. I'm in India EB-3. The cutoff date was May 2001 till June and then it jumped to June 2003 and then it became current and now AILA has indicated that come October it will go back to May 2001. I see all 2004 and 2003 PDs getting approved but I have a 2001 PD still waiting. Is there way we can sue these idiots who set priority dates?
More than anything else can anyone think of a way to sue USCIS and Department Of State over the way they move the Priority dates. I'm in India EB-3. The cutoff date was May 2001 till June and then it jumped to June 2003 and then it became current and now AILA has indicated that come October it will go back to May 2001. I see all 2004 and 2003 PDs getting approved but I have a 2001 PD still waiting. Is there way we can sue these idiots who set priority dates?
Hi Aryin, when u say post the case what exactly are u looking for ? There has been no activity on that case.
According to this there will be 750,000 new nc checks soon
http://www.uscis.gov/files/pressrelease/I551ReplacementQA082207.pdf
That will slow nc for others
http://www.uscis.gov/files/pressrelease/I551ReplacementQA082207.pdf
That will slow nc for others
need your help again
Friends,
As the deadline for my reply brief approaching fast, I am asking you to take a look at my incomplete draft and give your feedback. You can use "Track changes" feature in MS Word to highlight your changes/comments.
Thanks in advance,
LazyCIS
Friends,
As the deadline for my reply brief approaching fast, I am asking you to take a look at my incomplete draft and give your feedback. You can use "Track changes" feature in MS Word to highlight your changes/comments.
Thanks in advance,
LazyCIS
My comments so far
The other government arguments boil down to these three arguments.
I was looking for 3 separate arguments but you had only 2. For the sake of structure do you think you should have 3 separate arguments rebutting each of the Government arguments ?
The other government arguments boil down to these three arguments.
I was looking for 3 separate arguments but you had only 2. For the sake of structure do you think you should have 3 separate arguments rebutting each of the Government arguments ?
Finally naturalized!
After a wait of almost 4 years, my husband was naturalized yesterday. Like I said before, only after it happened I can believe it is over. My intuitive superstition in this case was correct, as it turned out: Friday Aug. 10 my husband got a call from a local CIS officer who asked him to come on Monday morning to sign some "routine forms related to your name change request". The agent forwarded him a fax which said, that in order to"overcome some difficulties related to your previous examination we need to continue the examination" to Mon., Aug 13. The fax actually said that he would have another examination, not just signing up some forms. But the agent assured him it was only signing some forms because he requested name change in his examination 3.5 yrs. ago.
Turned out he DID GET ANOTHER EXAMINATION-only 30 min. long, but he was asked all the questions on his Oath form and grilled not only on his ticket since his last interview but ALL of his tickets that he had 10 yrs. ago (-he had 2). This is against their own rules (-it was supposedly covered in his prior interview) and it was not what the agent told him on the phone. My husband didn't want me to go with him and I wish I was there to address this. The IO said that his name change CANNOT be granted at this time because they "no longer do it". This is a lie as my friend was offered to change her name just 1 wk ago. The agent also said that he can't apply for US passport right after oath because of they "don't do it, either". Finally she told him to come to oath as scheduled. Again, I wish I was there-I'd raise some little hell for all this. And this was AFTER his oath was scheduled (in exactly one and a half week!) and AFTER we signed stipulation to dismiss based on CIS PROMISE to adjudicate within 30 days
SO supposedly if he didn't answer to her satisfaction on Monday- would they cancel his oath??? But this would have violated their promise to court! Then we'd have to go back to court over this. So the bad consequence of the 9th Cir. practice of dismissing from court jurisdiction in order for CIS to act is precisely this, if court still held jurisdiction, CIS would be more responsible to court and probably not pull a last-minute trick like this. I was so mad I decided to complain to ombudsman and our Rep about this. Instead of apology for almost 4-years delay (which they still failed to explain) CIS violated yet more of their regulations by denying his name change! So I will probably draft a complaint about this.
But on the positive side: once we filed it took them exactly 2.5 months to come up with stipulation to dismiss (as CIS was ready to adjudicate). His FP notice came in 1.5 months after filing. This means his nc was probably cleared by then.
Conclusion: filing a law suit is the only way to avoid waiting for CIS decision forever. Of course in some very lucky cases people get CIS to move just by involving reps, L. Bush. But in most cases so far filing a law suit is the only way to get them move. Also, in spite of more difficulties (which are mostly related to AOS complaints) the success rate in naturalization delays (which I define as ultimate approval) is close to 100%. It is not 100% only because in some cases applicants mess up their complaints or have problems in their history so they get denied. I don't want to repeat what was said on this forum over 1000 times so you know what follows from this conclusion.
I appreciate help from many many members here, and the only reason we got this far is because we found this forum, read and got many helpful advises from members. Just wish I found it sooner. The only thing that could improve this forum is a better organization (so people won't have to read through over 10K of posts to get info). Again, if anyone gets more time to deal with it, we should get all the pertinent facts in one spot for easy access. If/when I have time, I might address it myself.
I have to get fully involved in another task now (home schooling my daughter) so I won't be able to contribute much from now on. However, I'll try to help whenever/if I can and if anyone wants to ask me a q-n directly please feel free to pm me, I'll reply. There is a number of very knowledgeable people here so this forum is in good hands . Good luck SLIS, Lazycis, GC4ME and all others still fighting!
After a wait of almost 4 years, my husband was naturalized yesterday. Like I said before, only after it happened I can believe it is over. My intuitive superstition in this case was correct, as it turned out: Friday Aug. 10 my husband got a call from a local CIS officer who asked him to come on Monday morning to sign some "routine forms related to your name change request". The agent forwarded him a fax which said, that in order to"overcome some difficulties related to your previous examination we need to continue the examination" to Mon., Aug 13. The fax actually said that he would have another examination, not just signing up some forms. But the agent assured him it was only signing some forms because he requested name change in his examination 3.5 yrs. ago.
Turned out he DID GET ANOTHER EXAMINATION-only 30 min. long, but he was asked all the questions on his Oath form and grilled not only on his ticket since his last interview but ALL of his tickets that he had 10 yrs. ago (-he had 2). This is against their own rules (-it was supposedly covered in his prior interview) and it was not what the agent told him on the phone. My husband didn't want me to go with him and I wish I was there to address this. The IO said that his name change CANNOT be granted at this time because they "no longer do it". This is a lie as my friend was offered to change her name just 1 wk ago. The agent also said that he can't apply for US passport right after oath because of they "don't do it, either". Finally she told him to come to oath as scheduled. Again, I wish I was there-I'd raise some little hell for all this. And this was AFTER his oath was scheduled (in exactly one and a half week!) and AFTER we signed stipulation to dismiss based on CIS PROMISE to adjudicate within 30 days
SO supposedly if he didn't answer to her satisfaction on Monday- would they cancel his oath??? But this would have violated their promise to court! Then we'd have to go back to court over this. So the bad consequence of the 9th Cir. practice of dismissing from court jurisdiction in order for CIS to act is precisely this, if court still held jurisdiction, CIS would be more responsible to court and probably not pull a last-minute trick like this. I was so mad I decided to complain to ombudsman and our Rep about this. Instead of apology for almost 4-years delay (which they still failed to explain) CIS violated yet more of their regulations by denying his name change!
So I will probably draft a complaint about this.But on the positive side: once we filed it took them exactly 2.5 months to come up with stipulation to dismiss (as CIS was ready to adjudicate). His FP notice came in 1.5 months after filing. This means his nc was probably cleared by then.
Conclusion: filing a law suit is the only way to avoid waiting for CIS decision forever. Of course in some very lucky cases people get CIS to move just by involving reps, L. Bush. But in most cases so far filing a law suit is the only way to get them move. Also, in spite of more difficulties (which are mostly related to AOS complaints) the success rate in naturalization delays (which I define as ultimate approval) is close to 100%. It is not 100% only because in some cases applicants mess up their complaints or have problems in their history so they get denied. I don't want to repeat what was said on this forum over 1000 times so you know what follows from this conclusion.
I appreciate help from many many members here, and the only reason we got this far is because we found this forum, read and got many helpful advises from members. Just wish I found it sooner. The only thing that could improve this forum is a better organization (so people won't have to read through over 10K of posts to get info). Again, if anyone gets more time to deal with it, we should get all the pertinent facts in one spot for easy access. If/when I have time, I might address it myself.
I have to get fully involved in another task now (home schooling my daughter) so I won't be able to contribute much from now on. However, I'll try to help whenever/if I can and if anyone wants to ask me a q-n directly please feel free to pm me, I'll reply. There is a number of very knowledgeable people here so this forum is in good hands
. Good luck SLIS, Lazycis, GC4ME and all others still fighting!finally
Finally by the grace of balaji almighty god and help of this forum I had my oath today. AUSA called my attorney last week and said application was approved and oath was arranged. None of this would be possible without this forum. After the oath I had a chance to talk to the judge and told him my story and said I would not be here today if the Federal court had not accepted jurisdiction for my case. He just smiled and said congratulations.
Finally by the grace of balaji almighty god and help of this forum I had my oath today. AUSA called my attorney last week and said application was approved and oath was arranged. None of this would be possible without this forum. After the oath I had a chance to talk to the judge and told him my story and said I would not be here today if the Federal court had not accepted jurisdiction for my case. He just smiled and said congratulations.