Interesting. I thought once a lawsuit is filed CIS has no jurisdiction on naturalization petitions at all. Why doesn't the federal judge not realize it. Frankly after reading this case's docket I have lost all interest in the citizenship of this country.
This might be off the topic, but I am desperate, hopefully someone could give me some advices.
Finally, the Judge rules on my case, favoring me. But it is not the final ruling, it is just a recommendation and the government could object before Sep. 17th. The bad thing is my Chinese passport is expiring in Feb. 8, 2008. I don't really want to submit my passport to renew (it will take around a month to get it back) because I hope if I get the approval notice, I will be able to get it stamped. Also, I might need to go to Asia for a business trip (I really want to do that) in Mid-October. My dilema is I don't know if i can come back with Advanced Parole on a passport which does not have 6 months validation on it. Because I have to prepare for the worst that if I won't get greencard before the trip. Should I just go ahead to renew my passport? It will be expensive because I have to travel to San Francisco soon which means airline tickets will be expensive. So, anyone here have any experience on a "almost" expired passport, travel with Advanced Parole? If I receive the green card before that, will that be ok?
Thats only in the 9th circuit. The article did not list reasons for denial but suffice to say that n400 process is very subjective and questions asked are very open ended and a lot is based on general impressions of the applicant on the DAO which at times may not be fair to the applicant.
All,
My I-485 application has been stalled in NSC for more than 3 years due to the FBI name check. I wrote letters to FBI, US congressmen, senators, and First Lady Laura Bush. All these did not help me out. I agree with you all that lawsuit appears to be the only effective way to compel the FBI to get their job done. I want to start the WOM ASAP and I am considering to retain an attorney to help me handle this lawsuit. It would be greatly appreciated if you could respond to my following questions and provide your advices:
1. Do you have any experience in filing WOM in the US District Court - Southern District Court of Ohio? Did the judges side with us?
2.Can you recommend some experienced attorneys in handling WOM cases? Can out of state attorneys represent me in the court if my case has to be resolved by trial?
Thank you,
Pengdi
Hello,
I just registered to this forum. Here's my timeline:
Submitted Application in Dec 2005
Fingerprinted in March 2006
Interviewed and took the test May 2006
After the interview, I saw my citizenship certificate in the folder, it was signed and everything. The INS officer told me that they had been waiting for the name check.
Since then, every 3 months I would go to the INS office and check on the status, and I was told the same thing: "Waiting on the FBI to do the name check." I can't wait anymore, I have a lucrative job offer, but being a citizen is one of the requirements.
By the way, I am in Virginia, and I have never set foot in a court room and I wonder how is the VA law? Is it as tough as Maryland. If someone from VA is in this forum and their case has been adjudicated to their favor, please tell me all about it.
Thank you very much.
Not exactly. Look at the recent 4th circuit decision that I posted a couple of pages ago.
Agree. Massachusetts district has the same position. Maybe we need to give an advice to Judge Walker Miller? He ordered remand in Mah'd case. The court retains jurisdiction on remand.
1. There are victories in your district. In Yang v. Gonzales, 07-050, the judge rejected government position and denied motion to dismiss
2. Here is the attorney info from the above case:
Donald Charles Slowik
Slowik & Robinson, LLC
250 East Broad Street
Suite 250
Columbus, OH 43215
614-884-4800
Fax: 614-884-4801
Email: dslowik@s-r-law.com
All the best,
lazycis
Lazycis,
Thank you so much for your response. This is really encouraging. Can you advise if I can know a little bit more detail about the Yang v. Gonzales, 07-050 case? If so, how? Thanks.
Best regards,
Pengdi
You may not need to go to court room, except for the oath ceremony. You can handle al the lawsuit steps via mail, if you want to. Prepare and file 1447b lawsuit. Filing fee- $350. Check the first page of this forum for details. Here is the sample lawsuit.
You have a strong case as you've had an interview. You can win.
Follow AGC4Me advice and open a PACER account. You will find a link to your court site on PACER web site. Login to your court web site and use Query meny to lookup case 2-07-cv-50 This will bring you to the case. Click on docket report and you will be able to see the full history of the case, including attorney info and filed documents. You can view any document and save it on your PC.
Hi,
I have a few questions.
I don't want to pay huge fees to Attorney for WOM nor do I have the intention to go to court for trial if it reaches hearing.
I am thinking of filing WOM to make them adjudicate my case sooner. So I want learned opinions. My family is against filing WOM. Our primary interest is to complete 10 years and be eligible for social security. We are 2 years short. So is it advisable to file WOM? What would be the probable outcomes of WOM?
Is it 100% in the plaintiffs favor? If it is 50-50, how does it usually work out? Is there a chance that as soon as I file WOM, USCIS can deny I-485 for one reason or other? If they don't deny but the AUSA is asking for Motion to Dismiss my case and I don't oppose it, will that result in Denial of I-485 or is it just the WOM that the AUSA is asking to be dismissed?
And also how long will it take for closure? 60 days? I see here one guy who filed WOM in Dec 2006 and it is dragging on.