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

mfbilgin said:
ANOTHER PRO SE VICTORY!!!

Hello all, after waiting 2 years because of namecheck and 80 days following filing 1447(b) now I am citizen.

I cannot adequately express my gratitute for everybody here for their knowledge, support, help and encouragement.


Let me describe my case further for those who have pending cases like I did. I had been waiting since June 2005. I have made numourous calls, infopass visits etc. during this time. They kept telling me that I am in sort of background check. By the time I found out this board I did not exactly know what is the nature of this problem. After I read here that there are thousands of cases and people filing lawsuits I was perplexed but also encouraged. First I decided to write to people first lady, congressmen, senators etc. I even prepared letters etc. Then, after further reading people here I decided to file the suit instead.

On October 12 I filed. This wiki site was my basic reference (whoever uploaded all those info have all my prays). http://en.wikibooks.org/wiki/FBI_name_check
After two weeks I got second fingerprint notice. After that I talked to the state attorney about my case. He was very helpful. He said he will contact USCIS and try to resolve this problem before coming to the judge. ANd I think that is what happened. Last week I got a call from USCIS for scheduling an update interview. In the interview the officer asked me typical questions and also my travel record. Then, he provided me the oath notice for the ceremony 3 days later. After I swore and got my certificate and I went to court and to the attorney to dismiss the case. Monday I am applying for passport.
I am exteremely pleased that my individual attempt to resolve this case through legal means have paid off. Obviously when it happens to so many other people there is no ground for suspicion, concern or waiting further. Attorney told me that he regretted to say that but filing lawsuit works. It really works! Interesting thing is, in my location neither lawyers, not court and attorney's office staff had any idea about such a case. With all the information I got from this board and the wiki site I was even able to guide them at some points.

Now the next hurdle is my spouse's adjustment of status application. I know have so much information about WOM, but I hope at least this time we will go through regular, normal processing. we will file an application as soon as we get the medical exam records and preferrably my passport.

And this is nice Saturday morning....
Click to expand...

Congratulations are in order !!!
 
Congratulation; God helps those who are courageous and bold...You deserve it and it's success for all of us in this forum.

mfbilgin said:
ANOTHER PRO SE VICTORY!!!

Hello all, after waiting 2 years because of namecheck and 80 days following filing 1447(b) now I am citizen.

I cannot adequately express my gratitute for everybody here for their knowledge, support, help and encouragement.


Let me describe my case further for those who have pending cases like I did. I had been waiting since June 2005. I have made numourous calls, infopass visits etc. during this time. They kept telling me that I am in sort of background check. By the time I found out this board I did not exactly know what is the nature of this problem. After I read here that there are thousands of cases and people filing lawsuits I was perplexed but also encouraged. First I decided to write to people first lady, congressmen, senators etc. I even prepared letters etc. Then, after further reading people here I decided to file the suit instead.

On October 12 I filed. This wiki site was my basic reference (whoever uploaded all those info have all my prays). http://en.wikibooks.org/wiki/FBI_name_check
After two weeks I got second fingerprint notice. After that I talked to the state attorney about my case. He was very helpful. He said he will contact USCIS and try to resolve this problem before coming to the judge. ANd I think that is what happened. Last week I got a call from USCIS for scheduling an update interview. In the interview the officer asked me typical questions and also my travel record. Then, he provided me the oath notice for the ceremony 3 days later. After I swore and got my certificate and I went to court and to the attorney to dismiss the case. Monday I am applying for passport.
I am exteremely pleased that my individual attempt to resolve this case through legal means have paid off. Obviously when it happens to so many other people there is no ground for suspicion, concern or waiting further. Attorney told me that he regretted to say that but filing lawsuit works. It really works! Interesting thing is, in my location neither lawyers, not court and attorney's office staff had any idea about such a case. With all the information I got from this board and the wiki site I was even able to guide them at some points.

Now the next hurdle is my spouse's adjustment of status application. I know have so much information about WOM, but I hope at least this time we will go through regular, normal processing. we will file an application as soon as we get the medical exam records and preferrably my passport.

And this is nice Saturday morning....
Click to expand...
 
Address of Gerard Heinauer Nebraska Service Center.

I send a copy of my WOM to

Gerard Heinauer
Gerard Heinauer, District Director
USCIS Omaha District Office
3736 South 132nd Street Omaha, NE 68144

but the mail came back to me saying they have expired forwarding address.
does any know know his currrent address so that the papers can get to him?

Thanks.
 
Here is the correct address for NSC

Gerard Heinauer, District Director
Nebraska Service Center
U. S. Citizenship and Immigration Services
850 S. Street
Lincoln, NE 68501
 
mfbilgin said:
ANOTHER PRO SE VICTORY!!!

Hello all, after waiting 2 years because of namecheck and 80 days following filing 1447(b) now I am citizen.

I cannot adequately express my gratitute for everybody here for their knowledge, support, help and encouragement.


Let me describe my case further for those who have pending cases like I did. I had been waiting since June 2005. I have made numourous calls, infopass visits etc. during this time. They kept telling me that I am in sort of background check. By the time I found out this board I did not exactly know what is the nature of this problem. After I read here that there are thousands of cases and people filing lawsuits I was perplexed but also encouraged. First I decided to write to people first lady, congressmen, senators etc. I even prepared letters etc. Then, after further reading people here I decided to file the suit instead.

On October 12 I filed. This wiki site was my basic reference (whoever uploaded all those info have all my prays). http://en.wikibooks.org/wiki/FBI_name_check
After two weeks I got second fingerprint notice. After that I talked to the state attorney about my case. He was very helpful. He said he will contact USCIS and try to resolve this problem before coming to the judge. ANd I think that is what happened. Last week I got a call from USCIS for scheduling an update interview. In the interview the officer asked me typical questions and also my travel record. Then, he provided me the oath notice for the ceremony 3 days later. After I swore and got my certificate and I went to court and to the attorney to dismiss the case. Monday I am applying for passport.
I am exteremely pleased that my individual attempt to resolve this case through legal means have paid off. Obviously when it happens to so many other people there is no ground for suspicion, concern or waiting further. Attorney told me that he regretted to say that but filing lawsuit works. It really works! Interesting thing is, in my location neither lawyers, not court and attorney's office staff had any idea about such a case. With all the information I got from this board and the wiki site I was even able to guide them at some points.

Now the next hurdle is my spouse's adjustment of status application. I know have so much information about WOM, but I hope at least this time we will go through regular, normal processing. we will file an application as soon as we get the medical exam records and preferrably my passport.

And this is nice Saturday morning....
Click to expand...

Congrats. I am on the same boat, and I m planing to file 1447 this month.

What documents were you asked to bring in to your second interview? and what questions were you asked?
 
N400BS said:
Congrats. I am on the same boat, and I m planing to file 1447 this month.

What documents were you asked to bring in to your second interview? and what questions were you asked?
Click to expand...

I brought my greencard, passport, the interview notice. Also, it makes it easier to prepare a sheet for travel record, because the stamps on the passport are very confusing. You need to show that you kept your physical and continous residence after the interview. If you did not travel abroad you do not have to be concerned.
I also brought my marriage licence because I got married while waiting.
Another issue was the traffic violations. You might need to bring receipts from the traffic courts showing that you paid the fines (so long as you want to reply "yes" to the question of whether you violated traffic laws and fined).
 
From immigration-law.com

12/02/2007: News of DHS Plan to Approve Immigration Applications Without FBI Name Check Results After Certain Months Stirs Confusion

A couple of sources reported lately that DHS was planning to place a cap on the FBI fingerprint check period and should the agency fail to receive the FBI report within certain undisclosed period of time, the agency will proceed with adjudication of pending immigration applications. Reportedly, the information was released at a DHS meeting with the immigration stakeholders but there are no details of information available about the so-called plan of change of course in managing homeland security matter.
This reminds of the agency's past history in 1998 acting on the backlogs in CIA clearance for over one year causing a huge I-485 backlogs for years and announcing that the INS would adjudicate pending I-485 applications without waiting for the CIA completion of the security clearance on a condition that should the CIA report indicate a negative information, the INS would "revoke" the approved I-485 applications. The people who suffered the most from the lack of coordination betweren the INS and the CIA at the time were Chinese. The INS stop-gap action stirred some political concern and short-lived. The CIA clearance backlogs gradually improved afterwards helping the INS to remove the 485 backlogs over a period of time.
Such unusual stop-gap action was taken "before" 9/11. Since 9/11, the security and name checks have presented the DHS with a challenging task of balancing betweein securing homeland and reducing clearance time. The FBI name checks have presented a serious problem of backlogs particularly in two areas: One is name check backlogs in the new hires of federal government employees and the other is the immigration backlogs. According to the CIS Ombudsman reports, in 2006 the DHS had about 82,824 backlogs pending more than one year. and in 2007 the number increased to 106,738 cases. Such backlogs induced federal litigations in the form of mandamus actions by the applicants with some successful results. The burden of such litigations on the DHS financial and litigation resources has mounted over the years. In order to deal with the problem, the USCIS one time "informally" handled such problem by approving applications (I-485 and natulalization cases) when the applicants brought mandamus actions in the federal courts. Such action had brought a boom of business for some immigration lawyers rushing to filing of a sort of "massive" mandamus actions. Obviously, this action raised a serious polical outcry for the agency compromising the nation's security by adjudicating applications without the name check results, leading to suspension of the DHS informal policy and a subsequent announcement that the agency would not give any favorable consideration in adjudication of applications where a federal lawsuit was pending.
The environment of the agency's security management indeed changed before and after 9/11 and the precedent of INS approving I-485 applications without name check results without prejudice to potential revocation of such approved I-485 applications afterwards may not be that easily reintroduced as the agency will have to overcome two hurdles: A political pressure in the upcoming national election and a potential compromise of security. There was a legislative proposal in the Congress in one of the FY 2008 appropriation bills (CJS Appropriation Bill) which mandated the DHS to adjudicate immigration and naturalization applications, should the FBI fail to clear the name checks within six months from the effective date of the legislation. This legislation has yet to be finalized. Please stay tuned.
 
FBI name check sucks!

Hi all,

I applied for N400 in Feb 2004. I had first interview scheduled on Nov. 2004, which was cancelled and rescheduled for May 2006. I also had my second fingerpring prior to my interview.

I have not heard any UPDATE regarding my application from USCIS except that my case has been pending under FBI name check.

I have contacted and written letters to USCIS, senator, first lady, Hillary Clinton, Congressman, FBI, National Name check program, Ombudsman - anyone you name it!

I am really really frustrated as you can imagine. The only choice I can think of is to file pro-se. Before doing that, I was wondering if anyone have any suggestions and also a copy of sample letter to FBI. I would like to write one last letter to FBI, and was hoping that someone has a better way of expressing the frustration/desperation/ to FBI.

Any reply would be appreciated!

N-400 Time Line:

Date of application: 02/2004
First Fingerrpint: 05/2004
First Interview letter: 11/2004
Second FP: 04/2006
Second Interview: 05/2006
Oath letter: ???????? Still waiting :(
 
ashlie23 said:
Hi all,

I applied for N400 in Feb 2004. I had first interview scheduled on Nov. 2004, which was cancelled and rescheduled for May 2006. I also had my second fingerpring prior to my interview.

I have not heard any UPDATE regarding my application from USCIS except that my case has been pending under FBI name check.

I have contacted and written letters to USCIS, senator, first lady, Hillary Clinton, Congressman, FBI, National Name check program, Ombudsman - anyone you name it!

I am really really frustrated as you can imagine. The only choice I can think of is to file pro-se. Before doing that, I was wondering if anyone have any suggestions and also a copy of sample letter to FBI. I would like to write one last letter to FBI, and was hoping that someone has a better way of expressing the frustration/desperation/ to FBI.

Any reply would be appreciated!

N-400 Time Line:

Date of application: 02/2004
First Fingerrpint: 05/2004
First Interview letter: 11/2004
Second FP: 04/2006
Second Interview: 05/2006
Oath letter: ???????? Still waiting :(
Click to expand...

So your interview is complete and you did pass the interview right ? Go ahead and file a lawsuit under 1447(b)
 
Is there any point in requiring USCIS to state(under oath) to the court that it has never adjudicated a I485 application without having the required namechecks completed ? or circumvented their own internal memo about criteria for expediting name checks. My point is they(USCIS) cannot state in a response to the WOM that they are waiting for namechecks to be completed (for 2+ years) if they have not applied the rule to all I485 adjudications(at least since the WOMer filed his I485). It seems fishy to me that they(USCIS) sometimes adjudicate the applicant very quickly at select stages of the WOM process. The argument falls apart if the namecheck part of the process is under the discretion of somebody(USCIS,AG).
 
wom_ri said:
Is there any point in requiring USCIS to state(under oath) to the court that it has never adjudicated a I485 application without having the required namechecks completed ? or circumvented their own internal memo about criteria for expediting name checks. My point is they(USCIS) cannot state in a response to the WOM that they are waiting for namechecks to be completed (for 2+ years) if they have not applied the rule to all I485 adjudications(at least since the WOMer filed his I485). It seems fishy to me that they(USCIS) sometimes adjudicate the applicant very quickly at select stages of the WOM process. The argument falls apart if the namecheck part of the process is under the discretion of somebody(USCIS,AG).
Click to expand...

Some folks reported that the agency told them "your case is stuck because we are waiting to hear from the foreign government". So, filing WOM makes the govt. to quickly "hear" from the foreign govt. ?
 
gc_mania said:
Some folks reported that the agency told them "your case is stuck because we are waiting to hear from the foreign government". So, filing WOM makes the govt. to quickly "hear" from the foreign govt. ?
Click to expand...

Do not let government BS you. Not a single FBI affidavit describing name check process mentions that the FBI is waiting for a response from a foreign government. Do we really expect Iran or North Korea to cooperate with the FBI?
 
lazycis and other friends, I need your advice. My EAD renewal has been pending for more than 60 days in NSC. I worry they may retaliate me for my WOM lawsuit against them by not processing my EAD. As you know, my WOM is pending appeal now. What can I do if my EAD is not approved in 90 days? I remember someone filed an emergency motion? But mine is pending appeal now. May I file an emergency motion to the Circuit Court, or can I file an expedited appeal request to the Circuit Court?
Thanks?
 
TLong

Here is what you should do after 90 days:
1. Print this memorandum
http://www.ilw.com/immigdaily/news/2006,0913-aytes.pdf
2. Take it and go for infopass.
3. Insist that they follow the procedures outlined in the memo. Do not leave until they do what they have to do according to the memo. They have to provide you a receipt that they followed the procedures.
4. Get your EAD within a week or so after infopass.
 
lazycis said:
Here is what you should do after 90 days:
1. Print this memorandum
http://www.ilw.com/immigdaily/news/2006,0913-aytes.pdf
2. Take it and go for infopass.
3. Insist that they follow the procedures outlined in the memo. Do not leave until they do what they have to do according to the memo. They have to provide you a receipt that they followed the procedures.
4. Get your EAD within a week or so after infopass.
Click to expand...

Thanks a lot lazycis! I will follow this instruction.
 
TLongTlong,
you do not have to file anything else for the EAD. If you do not receive your EAD on time, on your 92nd day go to the nearest USCIS office with your receipt and a valid ID. Do not mention any WOM, just show your receipt - that it's more than 90 days. They will take your picture and one finger print on the spot and you will get a temporary EAD (I 688) on the same day.
 
You must log in or register to reply here.
Top