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

Dont dismiss your case.. claim EAJA fees. look at my earlier posting Jeffrey v INS
Update the judge with a memo about USCIS memo so that he will not dismiss the case in the interim
w8ting4gc said:
Thanks Lazycis.
I received another email saying they ordered production of new card.
It appears to me the Feb 4th memo thing is for real.
I am a bit at loss my WOM case is going to be withdrawn/dismissed. I was fully ready to kick the USCIS' butt.
I still consider the fight worthwhile though. As a matter of fact I think I have done my part of contribution to defeat the NC P.O.S.
Congratulations to all WOM filers, this is a success.
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I just called 1-800-375-5283. The customer service said they have not received memo which I read to her. She then said that somebody is looking at the memo. She told me that she sent request to field office about the case. They should be contact with you within 45 days. Just a routine reply which I got many times. I think I need to go inforpass to request it.

suesue
 
Boston InfoPass and Senator Kennedy's office visit

InfoPass: The person was very helpful and gave me info on exact dates on when NC was initiated and completed for my wife, mine still pending. She wasn't able to initiate finger print request as my FP are about to expire. When I showed her the memo, she acknowledged that Boston had received it and it was to improve the way they work.
She advised I should write to NSC and ask for expedite but it wasn't really something that I couldn't think of myself. But for those of you whose cases are at local offices, if you go to the local office you may be able to get them to look at your case. My case was "completely" received, whatever that means by NSC on 12/04/2007 and the transfer notice I received said it was transferred on Nov. 26,2007 so there's some delay in actually getting the case in to the system when transferred between service centers. It has not been assigned to an officer because they haven't completed the "receipting" on it. Asked her does receipting mean I will get a new receipt number. She said no, it's a way to finally get the case in to the system.

Senator Kennedy's Office: It's in the same building on the 24th floor. I showed up there without any appointment and had to wait for half an hour. They open at 9:00 AM . The lady that handles the Immigration related cases was of the following view: We can't get you out of FBI name check, your international name check is pending(without looking at anything about me). If you would have been interviewed, you could file Mandamus and she had apparently argued with the USCIS office downstairs with not much avail regarding backlogged cases etc. So looks like they openly suggest WOMs.
When I tried to tell her that there was a change in policy by USCIS in handling I-485 in case of delayed NC. She didn't seem interested in acknowledging that rather said until NC clears, nothing can be done about it. All in all she was just a cantankerous old lady. she was swamped with delayed NC complaints in general before the memo. I explicitly asked her that I'm here not to expedite my NC but to ask them to have the service center move on my application.
 
Actually I have infopass today but fail to go to boston office.

My case is in National Benefit Center which indicate on the website. Does that mean the file has to be transfer to local office to handle? Mine is marriage based application. What should I do when I go to infopass? Ask for expedite?

Thanks

suesue
 
I don't know if the applications filed with NBC are processed at local offices. I thought the cases will be with local offices if they required an interview or were filed at local office initially in some cases.

You can definitely request an expedite based on the memo if your NC was pending more than 6 months, they may not do anything to expedite if the case is not with them.

You can try to ask for some special form if there's any so you can send an expedite yourself. Ask for the fax # or the procedure to place an expedite with NBC. You can find this info from web site as well but asking them may reveal something useful or make them do it for you in which case it may be handled in a special manner by the NBC.

Just my two cents!

suesue said:
Actually I have infopass today but fail to go to boston office.

My case is in National Benefit Center which indicate on the website. Does that mean the file has to be transfer to local office to handle? Mine is marriage based application. What should I do when I go to infopass? Ask for expedite?

Thanks

suesue
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I had interview on June 18th, 07 in boston office. The officer said they usually don't interview untill name check clear. But he interivew us and we passed. He is very nice and walk me out to door. The name check initial on Nov 10th, 06. My finger print is currently. I am confused that they mentioned file is on NBC. I think I need to go infopass monday.

Thank you for your input

Thanks.
 
Does this memo give new angle to unreasonable delay?

I think it can be inferred from the memo that USCIS' goal is to adjudicate I-485 in less than 6 months if visa number and priority date is current. Coupled with Congress's intent of 180 days, this can definitely fly.
Question still remains though, if in Boston the judges have been favoring about 2 year delay in the pre-memo days, now in a post-memo world, can one go file WOM although the wait period for the plaintiff is 18 months?
 
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You can get to know the Judge's opinion only by filing a WOM :)
Remember,... the following argument holds now:
a) Plaintiffs delay say from Jan <2004> to Feb <2008> constitutes.. <> days..
b)This delay is unreasonable by APA standards. To support the argument,
plaintiff quotes congress intent.. and USCIS intent(both recent memo.. and
recent processing time goals from various sources.
c)The recent memo further substantiates plaintiff's position that USCIS officials have misread congresionnal intent in mandating namechecks for 485 applicants since 2003. Their position in litigating 485 mandamus suits over the past three years was unwarranted and amounts to a abuse of official power. Plaintiff shudders at the thought of wasted taxpayers money in contracting AUSA's across the nation to fight these frivolous lawsuits(instead of instituting this policy back then). The court should take into account the July 2007 bulletin and how USCIS adjudicated thousands of applications(many with a priority date later...). Plaintiffs life has been in a state of limbo because of the capricious actions and inactions by USCIS officials with regard to his application. All these activities point to a rogue institution which can be brought into check by the judiciary alone. The honorable court should ensure that justice prevails by requiring that they adjudicate plaintiffs application by a court determined deadline. The APA and estoppel laws requires such an action from defendants USCIS.
jefkorn said:
I think it can be inferred from the memo that USCIS' goal is to adjudicate I-485 in less than 6 months if visa number and priority date is current. Coupled with Congress's intent of 180 days, this can definitely fly.
Question still remains though, if in Boston the judges have been favoring about 2 year delay in the pre-memo days, now in a post-memo world, can one go file WOM although the wait period for the plaintiff is 18 months?
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I think if you file a WOM now, while there is a new and un-tried administrative remedy available, they will dismiss your case. The judge will most likely ask you to wait until USCIS has some time to act based on the promises expressed in the new memo.

jefkorn said:
I think it can be inferred from the memo that USCIS' goal is to adjudicate I-485 in less than 6 months if visa number and priority date is current. Coupled with Congress's intent of 180 days, this can definitely fly.
Question still remains though, if in Boston the judges have been favoring about 2 year delay in the pre-memo days, now in a post-memo world, can one go file WOM although the wait period for the plaintiff is 18 months?
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Latest from NSC

Spoke an IO at NSC, when I asked about why my I485 was outside normal processing time frame posted on the web site, she said that all applications are running behind. But when I comlained that mine was way behind, she looked into it and said it was delayed because of pending NC. Then she herself asked me if I was aware of the new memo based on which they will gather all cases with NC pending for more than 180 days and start processing them in FIFO/receipt dates.
I pressed to get what date they were processing now, she didn't give me an answer. I had to ask her about my FP because they are about to "expire". When I told her that I learned at InfoPass appointment that I should call NSC to request a new FP appointment, she pulled info and issues FP request. I am expected to receive it within two weeks.

All in all a pretty useful call, got FP appointment and further affirmation that they are very aware of the memo, won't you say?

Now need to find the mystery what is the F in FIFO :) what's the first date/month/year they are processing for cases eligible for adjudication because of the memo?

Please share your finds!!
 
jefkorn,

Thanks for the information that you shared. I called the CIS two more times today, hoping to get to a nicer IO. Both times the customer service rep didn't even let me talk to one and said they are not allowed to, and that i should go to the local CIS office.

Well check this out...I filed for I-130/I-485 in September of 2004. I filed a WOM a year ago but the judge is just sitting on it. I haven't even received a notice for FP or Biometrics??? So do you guys think if I go to the local office OR if I am able to talk to an IO, should I ask them to schedule an FP for me?
 
Fellow N400 NC Victims

Congrats to all I-485 NC Victims. I believe this memo will make things move forward at a decent pace. :D

Lazycis:

Do you believe that Natz applicants (No-Interview cases ) would benefit from this new memo ? If yes, how?

You had suggested that I wait 18 month before filing a WoM, is that still the case?

Do you believe the extra $20 Million, which was allocated to the NC program, would help in any way ?

Appreciate your time and efforts.

Thanks
*-*-*-*-*-*-*-*-*-*-*-*-*-
N400
PD: 11/09/2006
FP: 12/09/2007
ID: ??????
OD:??????
WoM: Very Soon
 
N400-Misery said:
Congrats to all I-485 NC Victims. I believe this memo will make things move forward at a decent pace. :D

Lazycis:

Do you believe that Natz applicants (No-Interview cases ) would benefit from this new memo ? If yes, how?

You had suggested that I wait 18 month before filing a WoM, is that still the case?

Do you believe the extra $20 Million, which was allocated to the NC program, would help in any way ?

Appreciate your time and efforts.

Thanks
*-*-*-*-*-*-*-*-*-*-*-*-*-
N400
PD: 11/09/2006
FP: 12/09/2007
ID: ??????
OD:??????
WoM: Very Soon
Click to expand...

Natz applicants will benefit as well because all resources will be shifted to processing natz cases (FBI NC system is able to distinguish between natz and AOS case). Even though the memo says it does not mean that AOS NC will be dropped, we know how it works.
18 months is still the case, file it if you do not get interview.
 
I didn't ask for any IO because I think using POJ method you will get to an IO. Since my case was transferred to NSC, I automatically get transferred to NSC. I don't think the local USCIS office will be able to schedule FP appointment for you if you case is with the SC(Service Center). At least that's what I was told at InfoPass in Boston.

As far as Judge being lazy, I guess other veterans of the forum can chime in!

imhrb said:
jefkorn,

Thanks for the information that you shared. I called the CIS two more times today, hoping to get to a nicer IO. Both times the customer service rep didn't even let me talk to one and said they are not allowed to, and that i should go to the local CIS office.

Well check this out...I filed for I-130/I-485 in September of 2004. I filed a WOM a year ago but the judge is just sitting on it. I haven't even received a notice for FP or Biometrics??? So do you guys think if I go to the local office OR if I am able to talk to an IO, should I ask them to schedule an FP for me?
Click to expand...
 
jefkorn said:
I didn't ask for any IO because I think using POJ method you will get to an IO. Since my case was transferred to NSC, I automatically get transferred to NSC. I don't think the local USCIS office will be able to schedule FP appointment for you if you case is with the SC(Service Center). At least that's what I was told at InfoPass in Boston.

As far as Judge being lazy, I guess other veterans of the forum can chime in!
Click to expand...

jefkorn,

Sorry I am a little new with acronyms - what's POJ method, and what is the NSC (is that National Service Center? Chicago Lockbox?).

Well I tried the fourth time today, around 5 and luckily got through a very nice immigration officer. As before, I broke the news to him about the new memo. I told him that I hadn't even gotten fingerprinted in 3.5 years and he was very surprised. He said he will put in a service request, specifically asking to schedule a fingerprinting and biometrics appointment for me, and also asking about my case (I filed it at Vermont). So let's see what happens (though I doubt anything positive would happen with just an inquiry).

Do you guys think making an InfoPass and going to the local office would be any better? I was also thinking to ask my Senator's office (very helpful in conducting quick inquiries) to find out about my status with the new memo (they just did an inquiry this week for me and found out the exact same thing - security checks.

Thanks everyone for all the help.
 
You can search for POJ method in the forum,named after the user who discovered it. Just like lazycis is a web-wide known for his discovery of the memo.It's just a sequence of keys that you use in order to get to a human being instead of the automated status check.

NSC is Nebraska Service Center. Sorry if I got carried away with acronyms!
InfoPass can give you little detailed info some times about the exact status of your case and times of NC initiation etc.

Probably doesn't hurt to ask senator's office but they usually send run of the mill inquiries to USCIS but then it may be different from senator to senator..

imhrb said:
jefkorn,

Sorry I am a little new with acronyms - what's POJ method, and what is the NSC (is that National Service Center? Chicago Lockbox?).

Well I tried the fourth time today, around 5 and luckily got through a very nice immigration officer. As before, I broke the news to him about the new memo. I told him that I hadn't even gotten fingerprinted in 3.5 years and he was very surprised. He said he will put in a service request, specifically asking to schedule a fingerprinting and biometrics appointment for me, and also asking about my case (I filed it at Vermont). So let's see what happens (though I doubt anything positive would happen with just an inquiry).

Do you guys think making an InfoPass and going to the local office would be any better? I was also thinking to ask my Senator's office (very helpful in conducting quick inquiries) to find out about my status with the new memo (they just did an inquiry this week for me and found out the exact same thing - security checks.

Thanks everyone for all the help.
Click to expand...
 
jefkorn said:
You can search for POJ method in the forum,named after the user who discovered it. Just like lazycis is a web-wide known for his discovery of the memo.It's just a sequence of keys that you use in order to get to a human being instead of the automated status check.

NSC is Nebraska Service Center. Sorry if I got carried away with acronyms!
InfoPass can give you little detailed info some times about the exact status of your case and times of NC initiation etc.

Probably doesn't hurt to ask senator's office but they usually send run of the mill inquiries to USCIS but then it may be different from senator to senator..
Click to expand...


jefkorn,

I will look for the POJ method, but I discovered how to talk to a representative a while ago and have it written down...so I am usually able to talk to a person within a couple of minutes so that shouldn't be a problem. But I will look for the POJ anyways.

From the WOM, they told us when my NC was initiated (a week or two after my application was received - back in 2004). I guess I just have to wait and wait...

You said you get transfered to NSC - I never got transfered to VSC, I always just got to just a regular, remote IO or rep...or does the POJ actually get you to a particular service center?

Thanks for the help. Any other feedback from others would be appreciated.
 
My case was originally filed at TSC and transferred to NSC. Using POJ method, it used to transfer me internally to appropriate SC. Before the case transfer to NSC, it used to transfer me to TSC. I don't know of a way to get to a certain SC.
The people at InfoPass appointment as well as IOs at SC have access to exact dates of NC initiation.

imhrb said:
jefkorn,

I will look for the POJ method, but I discovered how to talk to a representative a while ago and have it written down...so I am usually able to talk to a person within a couple of minutes so that shouldn't be a problem. But I will look for the POJ anyways.

From the WOM, they told us when my NC was initiated (a week or two after my application was received - back in 2004). I guess I just have to wait and wait...

You said you get transfered to NSC - I never got transfered to VSC, I always just got to just a regular, remote IO or rep...or does the POJ actually get you to a particular service center?

Thanks for the help. Any other feedback from others would be appreciated.
Click to expand...
 
Could you please write down your case detail as I'm in the same boat and planning to file it soon. Thnaks,

OK-Boy

Jeff Cui said:
lazycis and other senior members of the board

Thanks for the encouragement several months early. I finally filed my WOM this week.
Naturalization without interview.

I guess number of naturalization cases will pick up soon.
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