Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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peaceman57
Registered Users (C)
Anyone filing a suit in the future, they should print out a copy of this article, and mail it to lawyers in their area. Lawyers and judges are all buddies of each other, and it would definitely make a tremendous impact on the Judicial system. You could also ask your boss, and your friends to sign at the bottom.
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Thousands of immigrants have suffered because of the so called FBI namecheck. The namecheck is a blatant form of discrimination, and stereotyping and violation of our Constitution. Furthermore, some advocates of the namecheck process support it in the name of security, however the namecheck has no impact whatsoever on security but just makes things more difficult for people pursuing the Amercian dream, and prevents them from being with their loved ones, and causes great distress.
One of the questions that are asked to people on their citizenship exam, "What is the basic belief of the Declaration of Independance?" The answer to this question, pertaining to the document of the beginning of our country, is that all men are created equal. The namecheck process singles out people from certain races religions. As the saying goes, all men are created equal, but some are more equal than others.
The namecheck process stereotypes people of certain races and religions. Because of the actions of a couple people, everybody that is of that race or religion is scrutinized. Because of the actions of a couple, all the millions of people from that certain race and religion are given that label. We would have thought that MLK got rid of such bias, however it seems that it is still prevalent today.
People placed on the namecheck are are not direct suspects. The namecheck is different from the regular FBI criminal fingerprint background check that immigrants have to go through. Someone may have talked with someone notorious, and their name would be placed on the list. One may have attended a wedding with a thousand people, and they would not be cleared. One may have transferred money to help their sick mother overseas, and they would be on the list.
One of the rights the Constitution givea to all people in America, citizens or not, are that they are innocent until proven guilty. The namecheck process considers the people guilty, until proven innocent, in many cases years before they are proven innocent. They are good people, and have not done anything wrong. Why are they giving them so much difficulty and grief?
Furthermore, the namecheck process does not make things at all more secure in this country; people that are stuck on the namecheck continue to reside here, instead the namecheck process prevents them from being with their spouses and family. How does prolonging the time frame before getting the results, make things any more secure?
Many people that are stuck in this process have resorted to the judicial system to help them in their delemna. Examples of these cases include cases filed by crippled, handicapped people, that cannot even move, to get their namecheck results completed, from this injustice. Another example is that of Alia Ahmad, a 73 year old Afghan woman with more than 20 children and grandchildren that are all citizens, who had been waiting for four years for the namecheck completion. Yet another example is that of a Marine knicknamed Bushmaster, that has served overseas in Iraq. Also 69 year old Zhong Fu of China, that has been waiting for years for the completion of his name check, so that he could go and visit his relatives in China. Also Yan Wang, who is unable to petition for her dyeing ailing father. You can find hundreds of similar suits pending in the courts.
We request your support in helping alleviate the difficulties and grief that is faced by the people that are stuck in these difficulties.
Signed:
Name/Title
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Thousands of immigrants have suffered because of the so called FBI namecheck. The namecheck is a blatant form of discrimination, and stereotyping and violation of our Constitution. Furthermore, some advocates of the namecheck process support it in the name of security, however the namecheck has no impact whatsoever on security but just makes things more difficult for people pursuing the Amercian dream, and prevents them from being with their loved ones, and causes great distress.
One of the questions that are asked to people on their citizenship exam, "What is the basic belief of the Declaration of Independance?" The answer to this question, pertaining to the document of the beginning of our country, is that all men are created equal. The namecheck process singles out people from certain races religions. As the saying goes, all men are created equal, but some are more equal than others.
The namecheck process stereotypes people of certain races and religions. Because of the actions of a couple people, everybody that is of that race or religion is scrutinized. Because of the actions of a couple, all the millions of people from that certain race and religion are given that label. We would have thought that MLK got rid of such bias, however it seems that it is still prevalent today.
People placed on the namecheck are are not direct suspects. The namecheck is different from the regular FBI criminal fingerprint background check that immigrants have to go through. Someone may have talked with someone notorious, and their name would be placed on the list. One may have attended a wedding with a thousand people, and they would not be cleared. One may have transferred money to help their sick mother overseas, and they would be on the list.
One of the rights the Constitution givea to all people in America, citizens or not, are that they are innocent until proven guilty. The namecheck process considers the people guilty, until proven innocent, in many cases years before they are proven innocent. They are good people, and have not done anything wrong. Why are they giving them so much difficulty and grief?
Furthermore, the namecheck process does not make things at all more secure in this country; people that are stuck on the namecheck continue to reside here, instead the namecheck process prevents them from being with their spouses and family. How does prolonging the time frame before getting the results, make things any more secure?
Many people that are stuck in this process have resorted to the judicial system to help them in their delemna. Examples of these cases include cases filed by crippled, handicapped people, that cannot even move, to get their namecheck results completed, from this injustice. Another example is that of Alia Ahmad, a 73 year old Afghan woman with more than 20 children and grandchildren that are all citizens, who had been waiting for four years for the namecheck completion. Yet another example is that of a Marine knicknamed Bushmaster, that has served overseas in Iraq. Also 69 year old Zhong Fu of China, that has been waiting for years for the completion of his name check, so that he could go and visit his relatives in China. Also Yan Wang, who is unable to petition for her dyeing ailing father. You can find hundreds of similar suits pending in the courts.
We request your support in helping alleviate the difficulties and grief that is faced by the people that are stuck in these difficulties.
Signed:
Name/Title
Thanks guys!
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It does not really matter whether you had interview or not, filing a lawsuit is the best way to vent your frustration because it will actually cause some action from the defendants (FBI/USCIS). I doubt they read any other correspondenceFollow this link to find an appropriate template for your situation:
http://en.wikibooks.org/wiki/FBI_name_check#Example_document_for_pending_Naturalization_.28N-400.29
how to proceed, lazycis?
I called the AUSA today because it is the 60 day deadline for the government. I agreed to give them 30 extension and the AUSA said she would file a motion to dismiss within 30 days. And she also said that I could have a extension of writting opposition to motion to dismiss if 2 weeks is not enough for me.
My question is: If the AUSA filed motion to dismiss, do I have the option to file either MSJ or Opposition to motion to dismiss? I think MSJ might be better because the judge has to rule within certain time frame?
But I don't have any documents for this. I requested the documents from FBI and USCIS. But the AUSA said it was premature and we can do it only when judge schedule the discovery.
When the 30 day extension is up (Janurary 3rd), is it better to give AUSA another extension or is it better to encourage them to file MTD? I filed EB2 in September 2005 and it is approved (however due to retrogression the priority date is 01/2003). I filed EB1A in March 2007 and it is still pending and CIS may work on it within 2 months.
Also, do all the MTD look similar? That means I can just copy some template and don't have to work hard on that. If every MTD is very specific, then I may need to start to read more materials now.
Thanks a lot!
I called the AUSA today because it is the 60 day deadline for the government. I agreed to give them 30 extension and the AUSA said she would file a motion to dismiss within 30 days. And she also said that I could have a extension of writting opposition to motion to dismiss if 2 weeks is not enough for me.
My question is: If the AUSA filed motion to dismiss, do I have the option to file either MSJ or Opposition to motion to dismiss? I think MSJ might be better because the judge has to rule within certain time frame?
But I don't have any documents for this. I requested the documents from FBI and USCIS. But the AUSA said it was premature and we can do it only when judge schedule the discovery.
When the 30 day extension is up (Janurary 3rd), is it better to give AUSA another extension or is it better to encourage them to file MTD? I filed EB2 in September 2005 and it is approved (however due to retrogression the priority date is 01/2003). I filed EB1A in March 2007 and it is still pending and CIS may work on it within 2 months.
Also, do all the MTD look similar? That means I can just copy some template and don't have to work hard on that. If every MTD is very specific, then I may need to start to read more materials now.
Thanks a lot!
Prepare opposition to MTD and do not agree to the second extension. If I remember correctly, you are from Northern IL, right? I have a template for opposition to MTD that you can use. For each district, MTD is almost the same for every case with some variations. So you can check some resolved cases in pacer to find out what to expect.
Not those . But the ones which are friendly they can send request to the Embassy there. For eg. the Chennai consulate handle requests for South India.
lazycis
Could you upload the template please? If I knew it could be simple, I should have only gave her 5 day extension then.
Could you upload the template please? If I knew it could be simple, I should have only gave her 5 day extension then.
Not so soon
http://www.ilw.com/immigdaily/news/2007,1204-FBI.shtm
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USCIS continues to require FBI name checks for the same categories of applications and no case will be approved without a cleared name check. We will continue to work with the FBI to reduce waiting times; but, not at the expense of national security and public safety.
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What the heck national secuirty if the applicants are already in US for multiple years ? I salute these super intelligent species.
http://www.ilw.com/immigdaily/news/2007,1204-FBI.shtm
.
..
USCIS continues to require FBI name checks for the same categories of applications and no case will be approved without a cleared name check. We will continue to work with the FBI to reduce waiting times; but, not at the expense of national security and public safety.
.
.
What the heck national secuirty if the applicants are already in US for multiple years ? I salute these super intelligent species.
Yes, the Honorable court of law
Yes,the Honorable court of law to take care of these "Even if 1000s of innocent applicants suffer, we don't care " type executive blockheads.
Yes,the Honorable court of law to take care of these "Even if 1000s of innocent applicants suffer, we don't care " type executive blockheads.
See this one where officer "said info sent to home country"
http://boards.immigration.com/showpost.php?p=1829331&postcount=2636
stuckinins
Registered Users (C)
I've heard this excuse as well. The officer was very persistent claiming that "[my] name was sent to [my] country" and got very upset when I asked her if that was something that was specifically indicated in my file or she believed was a general procedure. Rather annoyed, she responded in broken English "LISTEN TO US! Your name sent home country! every name sent home country. If I apply, my name sent China."
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I've heard this excuse as well. The officer was very persistent claiming that "[my] name was sent to [my] country" and got very upset when I asked her if that was something that was specifically indicated in my file or she believed was a general procedure. Rather annoyed, she responded in broken English "LISTEN TO US! Your name sent home country! every name sent home country. If I apply, my name sent China."
May be it is true. Why should they find happiness in telling that one's namecheck is sent to home country ?
If this was true, how do we explain the fact that the name check is cleared within a month after the court rules in favor of a legal immigrant?
Because they know that this is B/S but since they want you to get lost and stop bothering them, they say so. Can you imagine Name Check sent to China or Russia! LOL. FBI reference file may have information provided by other countries, friendly to Uncle Sam though, Canada, Israel and EU for example.
home country namecheck is BS
My AUSA initially told me that he is familiar with expediting namecheck for naturalization cases and will try to do the same for me(I-485). Then I showed him the Feb2007 memo(USCIS will only expedite in other issues). He was worried that the memo is a problem. I told the same thing to my AUSA..i.e.. how come they adjudicate some cases quickly..
I think one of the WOM complaints should force the USCIS to testify under oath on how they adjudicate the cases where courts have ruled a decision in a month or so. i.e.. did they expedite the case or did FBI skip the complete process(in detriment to national security) in order to comply with the court order.
Can we do that in our response to MTD or MSJ ?
This question has been bothering me too...
My AUSA initially told me that he is familiar with expediting namecheck for naturalization cases and will try to do the same for me(I-485). Then I showed him the Feb2007 memo(USCIS will only expedite in other issues). He was worried that the memo is a problem. I told the same thing to my AUSA..i.e.. how come they adjudicate some cases quickly..
I think one of the WOM complaints should force the USCIS to testify under oath on how they adjudicate the cases where courts have ruled a decision in a month or so. i.e.. did they expedite the case or did FBI skip the complete process(in detriment to national security) in order to comply with the court order.
Can we do that in our response to MTD or MSJ ?
Folks,
I yesterday received "card production ordered" emails for my I-485 case. My case had been stuck because of name check for 65 months. I filed WOM in Oct. 2007. 60 day deadline expired yesterday.
Thank you very much to the forum members(especially lazycis) for helping me through it.
I yesterday received "card production ordered" emails for my I-485 case. My case had been stuck because of name check for 65 months. I filed WOM in Oct. 2007. 60 day deadline expired yesterday.
Thank you very much to the forum members(especially lazycis) for helping me through it.