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

z350 said:
Can you share it if it's not classified :) ?
When this document is dated?
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I don't think it's classified. If it is why would they give it to me, a poor Pro Se litigant, who can be thrown around. I'll scan it and upload it in the evening. It was dated around 12/2002, when FBI made the decision to include reference files in its search.

Apparently INS caught a naturalization candidate as being a subject of foreign counter intelligence investigation, which FBI didn't catch during the name check when it only checked main files. So what should FBI do ? Increase the scope of the main file right, given they have absolute discretion to decide what to index and what not to index.

They searched for this guy in the reference file and found him there and decided oh well let's search both main and reference file. But this reference file also contains names of almost anyone who had any brush with the law. So now they have to manually see and figure out whether the hit was pertinent. (I see this as Govt. contractor's decision so they'll have more work to do).

So we have a double whammy, a stupid decision to include reference file and a case where AoS is not even required to go through name check.
 
AGC4ME said:
It was dated around 12/2002, when FBI made the decision to include reference files in its search.
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Wow, I was under impression that is was sole INS decision (or USCIS, w/e) to run reference file check as well as main after some Hamaz guy was approved for naturalization. Since it happened shortly after 9/11 when Govt was under the fire for letting terrorists in this decision was logical choice on paper but in reality didn't bring any value since all "suspects" are here, in USA waiting 4-5 years for the moment when FBI rookie will finally open his file.
 
Any suggesion to oppose?

Lazycis and other gurus:
Our I-485 are pending for more than 3.5 years. We filed WOM in June. In August US attorney filed MTD and we filed the opposition to MTD. In joint status report that we will file soon US attorney put the contention:
“…due to the inherent unfairness to those litigants who for various reasons have had to wait an unusually lengthy period of time for the completion of their name checks but have not filed suit, and the disruption to the system which ultimately slows the processing of all name checks, Gonzales, as a matter of written policy, is not expediting FBI name checks simply because a federal lawsuit is filed. ”
Any good arguments to oppose the above? Many thanks!
 
gcwom said:
Lazycis and other gurus:
Our I-485 are pending for more than 3.5 years. We filed WOM in June. In August US attorney filed MTD and we filed the opposition to MTD. In joint status report that we will file soon US attorney put the contention:
“…due to the inherent unfairness to those litigants who for various reasons have had to wait an unusually lengthy period of time for the completion of their name checks but have not filed suit, and the disruption to the system which ultimately slows the processing of all name checks, Gonzales, as a matter of written policy, is not expediting FBI name checks simply because a federal lawsuit is filed. ”
Any good arguments to oppose the above? Many thanks!
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Long ago, another member (shvili) came up with this piece
"FBI has never said that there is a separate "line" for delayed cases, but on the opposite claimed that "all cases a processed in the order received". Had there been in fact a separate line for the delayed cases, in which as defendants claim, applicant tried to "jump to the front", Plaintif requests the information on how many cases in this line are delayed longer than his, so indeed he would be notifyed of his place in this "Line". Plaintiff doesn't want to jump in front of someone else who has been delayed longer than he. But according to the FBI testimony, the situation is totally reversed: since there is only one line where all cases are processed "in order they are received", FBI in fact allows all those current applicants to jump in front of him and other delayed applications because he is unjustly pulled out of this line and delayed indefinitely. So please let's clarify if indeed there is a separate line of delayed cases, and if so, is FBI processing it in "order of delay"? If yes, FBI should notify Plaintiff of his place in this line."
Check also my post and attached opinion from NJ court:
http://www.immigrationportal.com/showpost.php?p=1732036&postcount=12137
You can also point out that before February 2007, the written policy was to expedite NC when a lawsuit was filed.
 
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z350 said:
Wow, I was under impression that is was sole INS decision (or USCIS, w/e) to run reference file check as well as main after some Hamaz guy was approved for naturalization. Since it happened shortly after 9/11 when Govt was under the fire for letting terrorists in this decision was logical choice on paper but in reality didn't bring any value since all "suspects" are here, in USA waiting 4-5 years for the moment when FBI rookie will finally open his file.
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USCIS requested FBI to check all FBI records for Naturalization applicants. That's what the memo says. FBI's interpretation of all FBI records is both main file and reference files.
 
Here's the truth. If you had any exposure to any law enforcement, including traffic ticket, witness to crime, deposed in a court or anything, you'll be a hit. It doesn't matter whether your exposure was good or bad. And they have to do a manual scanning of the data.[/QUOTE]

I think, you are right. I was a voluntary translator for an acquaintance of mine few years back, who got himself into troubles by escaping from the police. He was speeding on a bike, and ran away from them. Finally they threatened him and he decided to come forward voluntarily. But I went with him to police station and to the court to help with English.

Lesson learnt - good deeds are punished.
 
lenaf said:
I think, you are right. I was a voluntary translator for an acquaintance of mine few years back, who got himself into troubles by escaping from the police. He was speeding on a bike, and ran away from them. Finally they threatened him and he decided to come forward voluntarily. But I went with him to police station and to the court to help with English.

Lesson learnt - good deeds are punished.
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In my case I was foolish enough to submit a tip to the FBI a few years back. Never again :)
 
lenaf said:
Here's the truth. If you had any exposure to any law enforcement, including traffic ticket, witness to crime, deposed in a court or anything, you'll be a hit. It doesn't matter whether your exposure was good or bad. And they have to do a manual scanning of the data.
Click to expand...

I think, you are right. I was a voluntary translator for an acquaintance of mine few years back, who got himself into troubles by escaping from the police. He was speeding on a bike, and ran away from them. Finally they threatened him and he decided to come forward voluntarily. But I went with him to police station and to the court to help with English.

Lesson learnt - good deeds are punished.[/QUOTE]

You are what FBI calls as Matter of Opinion (MOPs) :-0)
 
to Lenaf:

I guess you're xUSSR (Lena) and this could be more realistic reason for delay than story with translation. Your story with translation will produce rather "ident" then "hit". Idents are resolved faster then hits.

Your theory doesn't work for me - they have nothing on me.

Just look at the USCIS web site. They're not able to release own newsletter on time .:) For years it's out on 1st day of month, until August 2006.
This month is the best. There is not newsletter on the middle of second week! Next years they'll start to skip months, I guess.
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New issues are published the first full week of the month.
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According to FBI they did not electronically store any documents before October 1995. So if you got any kind of us visa before they might need to get original documents from who knows where. Could somebody confirm from their experience.


lazycis said:
In my case I was foolish enough to submit a tip to the FBI a few years back. Never again :)
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Do not be afraid to challenge a denial of N-400

Do not worry about traffic violations when you apply for naturalization. Check this case, the guy had a couple of criminal convictions and the judge overturned the denial of N-400 and denied gov't motion for reconsideration later on.
1:05-cv-04083, NYED
 
gmlvsk said:
According to FBI they did not electronically store any documents before October 1995. So if you got any kind of us visa before they might need to get original documents from who knows where. Could somebody confirm from their experience.
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I do not think FBI name check database includes information about visas. That kind of information is being searched during the IBIS check.
 
Overall, I have a strong suspicion that we will not be able to find a logic behind the cause of the delay. It looks like some cases are singled out and put into a black hole. It could be a combination of factors (nationality + other reasons). What is very fishy is that it’s the primary applicant name check in AOS cases which is singled out. Dependant applicants do not have a problem usually.
 
lazycis

can the courts order the defendants to recapture visas from 2004, 2005 etc ? Since most of us are waiting from 2003 onwards and it looks like USCIS wasted 88,000 visa numbers from 2004 we should be eligible for those visa numbers.
 
AGC4ME said:
can the courts order the defendants to recapture visas from 2004, 2005 etc ? Since most of us are waiting from 2003 onwards and it looks like USCIS wasted 88,000 visa numbers from 2004 we should be eligible for those visa numbers.
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I do not think so. Congress can do it so we should put pressure on lawmakers. Congress did not intend to waste visa numbers. USCIS did it by delaying adjudication (Congress never thought it can take more than 1 year to process AOS, otherwise they would do something to prevent current situation).
 
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so how did Basova and Prebhezhleskya court did it ? Also what's the difference between motion to compel and motion for summary judgment. Can I file a Motion to compel to have USCIS and Department of State search for a visa number and if so reserve it and then file a MSJ ?
 
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