Just sent it out two hours ago. I should't rush. Hopefully it won't have a lot of negative impact.
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
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Just sent it out two hours ago. I should't rush. Hopefully it won't have a lot of negative impact.
Hello friends. I have got my green card as a result of the WOM lawsuit in October last year. Yesterday, I have got a letter from FBI M.Cannon that was re-sent to me by my Congressman. That letter is dated January 21,2008 and it says that my namecheck is still pending. So, 4 months ago my FBI namecheck was cleared and that FBI unit that is responsible for the answers to congressional inquiries still does not know about it!
How do you like it? And these people are protecting us from the terrorists!
How do you like it? And these people are protecting us from the terrorists!
Congratulations! If it is possible, plesae post your initial complaint without the personal info. I am trying to help someone who is in the same stiuation as you, I mean, N- 400 without interview. Please help if you can! Good luck to you!! and Good luck to all others on the forum!
They must've started another, 'early bird' namecheck for you, in anticipation of your citizenship application 5 years from now. Knowing you, and your successful lawsuit experience, you know... Very smart of them!
Considering their current namechecking speed, you'll be all set just at the very moment ink dries on your N400 - in 2012.
other remedies
After filing WOM, can we still pursue other avenues like senator/congressman ?
would that be a problem as "other remedies still exist" ?
Recently, I got a call from my congressman's office in my email to them about Senator Levins Namecheck amendment.
After filing WOM, can we still pursue other avenues like senator/congressman ?
would that be a problem as "other remedies still exist" ?
Recently, I got a call from my congressman's office in my email to them about Senator Levins Namecheck amendment.
wom_ri
I think it is ok to do that. After I filed WOM, I fax Cannon (the director of FBI name check program) once a week, and I write to First Lady and Senator once a month. I don't know if WOM or other means worked, my name check was cleared on 12/13/07 ( i filed WOM on 9/27/07). But I wouldn't do it too freqently because it may be considered as a harassment of defendants?
Do you have the priority date problem in your lawsuit due to retrogression?
I think it is ok to do that. After I filed WOM, I fax Cannon (the director of FBI name check program) once a week, and I write to First Lady and Senator once a month. I don't know if WOM or other means worked, my name check was cleared on 12/13/07 ( i filed WOM on 9/27/07). But I wouldn't do it too freqently because it may be considered as a harassment of defendants?
Do you have the priority date problem in your lawsuit due to retrogression?
I do not think this counts as a remedy. Only the USCIS can expedite the name check or to adjudicate an application without one (see Oscar's post).
veryfree
I think it would be all right. 39 months and 35 months are not so much of difference, it is still in a reasonable error bar. So don't worry about it. I hope you will get some good results soon.
I think it would be all right. 39 months and 35 months are not so much of difference, it is still in a reasonable error bar. So don't worry about it. I hope you will get some good results soon.
Justicerules45
New Member
I am interested in hearing the stories of people who have been subjected to INS or USCIS error and because of that, suffered extremely. I see there are a lot here but I am interested in collecting the most extreme stories. If you have a story where your case was treated very unfairly and you had no fault in it, it was due to USCIS error and you had hardship due to that and even though you tried to fix the situation, you did not get much attention and you and your family suffered, please contact me. I am preparing a document to present to the higher authorities. I do think it is time for a change in USCIS system. I see a lot of things done in an inhumane manner. People are being stressed out and their families, children as well are suffering. It is time USCIS takes responsibility. It is no excuse on their part if they think they are dealing with foreigners or numbers assigned to to these people...Please folks, contact me with your story..It is time to make a noise...
Justicerules45,
our I 485 were denied because USCIS erred in the matter of law in finding us inadmissible. We applied to the Congressman, AILA liaison, filed a motic - to no avail. Finally we filed a complaint in civil court under the APA. On Oct. 1, 2007 the summons were served on Director of Nebraska center, on Oct. 11 he finally saw the error and approved the petitions, but we are now stuck in the name check as the USCIS refuses to to send a request for expedite processing to the FBI.
our I 485 were denied because USCIS erred in the matter of law in finding us inadmissible. We applied to the Congressman, AILA liaison, filed a motic - to no avail. Finally we filed a complaint in civil court under the APA. On Oct. 1, 2007 the summons were served on Director of Nebraska center, on Oct. 11 he finally saw the error and approved the petitions, but we are now stuck in the name check as the USCIS refuses to to send a request for expedite processing to the FBI.
Kaplan v. Chertoff - stipulation
The USCIS denies wrongdoing, but agrees to expedite processing of N400s pending for more than 6 months. Hmm... one more proof that without a lawsuit a wait may be endless.
http://www.uscis.gov/files/article/Stipulation.pdf
The USCIS denies wrongdoing, but agrees to expedite processing of N400s pending for more than 6 months. Hmm... one more proof that without a lawsuit a wait may be endless.
http://www.uscis.gov/files/article/Stipulation.pdf
retrogression
Yes. I do have the priority date problem now. I have not received any confirmation that my namecheck is done yet. I also filed a motion for leave to file amended complaint. AUSA told me that he will oppose it on the same grounds as his MTD. Now, the judge has cancelled the pre-trial conference scheduled for Feb 4. The clerk told me that Judge has to rule on the existing MTD before the conference. I think very soon I will get an opinion on the case. With a lone preceding case in favor of USCIS, I am mentally ready to file an appeal. I only hope that if I file an appeal, it is ruled upon before Oct 1st and we will know 1st circuit court opinion on this issue. I am sick of hearing AUSA arguments based on safadi & grinberg & qiu.
BTW, the congressmans office merely repeated the known truth.. i.e.. only USCIS can expedite
Yes. I do have the priority date problem now. I have not received any confirmation that my namecheck is done yet. I also filed a motion for leave to file amended complaint. AUSA told me that he will oppose it on the same grounds as his MTD. Now, the judge has cancelled the pre-trial conference scheduled for Feb 4. The clerk told me that Judge has to rule on the existing MTD before the conference. I think very soon I will get an opinion on the case. With a lone preceding case in favor of USCIS, I am mentally ready to file an appeal. I only hope that if I file an appeal, it is ruled upon before Oct 1st and we will know 1st circuit court opinion on this issue. I am sick of hearing AUSA arguments based on safadi & grinberg & qiu.
BTW, the congressmans office merely repeated the known truth.. i.e.. only USCIS can expedite
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Yes. I do have the priority date problem now. I have not received any confirmation that my namecheck is done yet. I also filed a motion for leave to file amended complaint. AUSA told me that he will oppose it on the same grounds as his MTD. Now, the judge has cancelled the pre-trial conference scheduled for Feb 4. The clerk told me that Judge has to rule on the existing MTD before the conference. I think very soon I will get an opinion on the case. With a lone preceding case in favor of USCIS, I am mentally ready to file an appeal. I only hope that if I file an appeal, it is ruled upon before Oct 1st and we will know 1st circuit court opinion on this issue. I am sick of hearing AUSA arguments based on safadi & grinberg & qiu.
BTW, the congressmans office merely repeated the known truth.. i.e.. only USCIS can expedite
I am in contact with another appellant in the 1st Cir so you won't be alone. It would be nice to get a positive opinion though in your case. I also hope 11th Cir will rule on Grinberg soon.
wom_ri
I think the most efficient way is to write to the first lady and fax FBI (Cannon). From another immigration forum, I know a Chinese guy who write a letter to FBI and First Lady everyday. Then after 2 months or so, some one from FBI called him and told him that they will expedite his name check and have it done by 2 months. But the difference is that he didn't file a lawsuit against them.
If I were you, I would try to fax or write to FBI name check program once a month or once a week. It may be helpful. And all you can lose is some postage on that.
Yes. I do have the priority date problem now. I have not received any confirmation that my namecheck is done yet. I also filed a motion for leave to file amended complaint. AUSA told me that he will oppose it on the same grounds as his MTD. Now, the judge has cancelled the pre-trial conference scheduled for Feb 4. The clerk told me that Judge has to rule on the existing MTD before the conference. I think very soon I will get an opinion on the case. With a lone preceding case in favor of USCIS, I am mentally ready to file an appeal. I only hope that if I file an appeal, it is ruled upon before Oct 1st and we will know 1st circuit court opinion on this issue. I am sick of hearing AUSA arguments based on safadi & grinberg & qiu.
BTW, the congressmans office merely repeated the known truth.. i.e.. only USCIS can expedite
I think the most efficient way is to write to the first lady and fax FBI (Cannon). From another immigration forum, I know a Chinese guy who write a letter to FBI and First Lady everyday. Then after 2 months or so, some one from FBI called him and told him that they will expedite his name check and have it done by 2 months. But the difference is that he didn't file a lawsuit against them.
If I were you, I would try to fax or write to FBI name check program once a month or once a week. It may be helpful. And all you can lose is some postage on that.
A little bit off subject, but here is another proof of the "pattern of deliberate lies" by the USCIS:
http://immigrationvoice.org/forum/showthread.php?t=16958#post218250
http://immigrationvoice.org/forum/showthread.php?t=16958#post218250
What the guy says on immigrationvoice.org is absolutely true. AILA (recent postings section) grabs the processing time when they are posted and keeps a record of them on their website. If you compare what they have with the USCIS website, they have changed the dates after publication for some benefits.
Example:
NSC website:
I-131 Application for Travel Document Permanent resident applying for a re-entry permit June 08, 2007
On AILA website:
I-131 Application for Travel Document Permanent resident applying for a re-entry permit July 24, 2007
That's almost two months !!!
Judge questions FBI name check program
A very interesting read indeed!
http://www.bibdaily.com/pdfs/Mocanu 1-25-08.pdf
Judge questions FBI name check program
"[T]he Court discerns an underlying legal issue as to the propriety and authority of USCIS to require an FBI name check." Mocanu v. Mueller, E.D. Penn., Jan. 25, 2008.
A very interesting read indeed!
http://www.bibdaily.com/pdfs/Mocanu 1-25-08.pdf
Judge questions FBI name check program
"[T]he Court discerns an underlying legal issue as to the propriety and authority of USCIS to require an FBI name check." Mocanu v. Mueller, E.D. Penn., Jan. 25, 2008.
"Thus, the principal legal question is whether USCIS can properly require a name check for all naturalization applicants [*19] without any Congressional statute, authorization or rule promulgation within its own agency -- particularly where the name check process for Plaintiffs is taking several years for completion, and information as to the completion date or reason for the delay is unavailable."
Well said, judge Baylson. Only isn't the same should be true for LPR applicants as well?
It is interesting that the judge also prohibited the government to moot all cases. Looks like the USCIS is in a big trouble.
It's simple. Transfer to another service center does not change received date on I-485, does it? No additional arguments required, just attach your I-485 receipt notice.