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

[jefkorn]

Update on San Diego,CA local USCIS office, generally applies to other local offices

Source:http://www.visalawyerblog.com/2008/02/san_diego_immigration_lawyer_f_1.html
"
Here is the recent update from our local office but this will apply anywhere in the country:

As members may know, all persons who apply for citizenship or LPR status are subjected to a fingerprint check as well as an FBI name check procedure. The fingerprint part of that process is normally resolved within 48 to 72 hours. The name check process, by contrast, can take anywhere from a few weeks to a few years to resolve.

In order to reduce the administrative burdens caused by the sharp increase in litigation caused by the old policy, USCIS has changed its policy for adjustment of status applications through a Memo from Associate Director Michael Yates on February 4, 2008. Where an adjustment of status application is otherwise approvable and the FBI name check request has been pending form more than 180 days, the adjustment application shall be approved. If adverse information is obtained after the case is approved, USCIS may move to rescind the adjustment approval and initiate removal proceedings.

Please note that the previous policy remains unchanged for naturalization cases. Thus, no naturalization case will be approved prior to the successful completion of the FBI name check process.

In the most recent meeting of the AILA/CIS committee, District Director Paul Pierre confirmed that his office and staff are fully aware of the new Interoffice Memorandum from Associate Director Michael Yates. As members may know, San Diego continues to have one of the fastest AOS adjudication timetables in the U.S. The San Diego District will move to pull and adjudicate all cases affected by the new policy as soon as possible.

In order to identify and address those cases which have been pending the longest, the local office will pull all cases pending more than 180 days past the interview date. They understand that 180 days past interview is probably a few months past the date that the name check was originally started but they have to start somewhere. If new fingerprints are needed, the applicant will be rescheduled for prints. After the prints are taken, the case can be adjudicated even if the name check is still pending. If new fingerprints are not needed, the case will be immediately adjudicated.

While the local office refused to formally confirm the number of local AOS cases currently delayed under the name check procedure, informally it is understood that there may be approximately 1200 cases. Unfortunately, these will not all be completed before inquiry day on Tuesday. Members are encouraged to wait at least 6 months past the case interview date before submitting an e-mail case inquiry. Please note that the e-mail inquiry autotext reply to name check subject cases has not yet been updated. Until that happens, members may receive text stating the old policy even though that policy is no longer in effect for AOS cases.
"

 

[wom_ri]

backdating GC arguments

lazycis pointed this case to me. Iam now amending my complaint for a backdating my GC and compel issue of visa numbers even if none-are available.
Very good analysis of visa numbers:
Venantius Nkafor Ngwanyia, et al., Plaintiffs, v. John Ashcroft, Attorney General, et al., Defendants.
Civil No. 02-502 (RHK/AJB)
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA
302 F. Supp. 2d 1076; 2004 U.S. Dist. LEXIS 1975

The judgement was vacated because of later settlement:
The Court's Memorandum Opinion and Order of February 12, 2004 is VACATED. The Court notes, however, that the Memorandum Opinion and Order is vacated only because vacation was made a condition of the settlement, and because the Court finds that the settlement is fair, reasonable, and adequate and should be approved and put into effect. The Court reaffirms its views expressed in that Memorandum Opinion and Order, which is published at 302 F. Supp. 2d 1076 (D. Minn. 2004).

interesting subsequent development for asylees:
376 F. Supp. 2d 923; 2005 U.S. Dist. LEXIS 13942
July 12, 2005, Decided

3. Backdating Green Cards

Some objectors suggested that Defendants backdate the approval date for a green card to the date the application was received. This objection is unfounded because Congress has set the manner in which applications are backdated by statute. See 8 U.S.C. § 1159(b) (providing one-year backdating of alien's admission for lawful permanent residence). As noted above, this lawsuit concerned not the validity of the laws passed by Congress, but rather the ways in which the administrative agencies were carrying out the laws. Accordingly, the Court will overrule this objection.

 

[assur]

Source:http://www.visalawyerblog.com/2008/02/san_diego_immigration_lawyer_f_1.html
"
Here is the recent update from our local office but this will apply anywhere in the country:

As members may know, all persons who apply for citizenship or LPR status are subjected to a fingerprint check as well as an FBI name check procedure. The fingerprint part of that process is normally resolved within 48 to 72 hours. The name check process, by contrast, can take anywhere from a few weeks to a few years to resolve.

In order to reduce the administrative burdens caused by the sharp increase in litigation caused by the old policy, USCIS has changed its policy for adjustment of status applications through a Memo from Associate Director Michael Yates on February 4, 2008. Where an adjustment of status application is otherwise approvable and the FBI name check request has been pending form more than 180 days, the adjustment application shall be approved. If adverse information is obtained after the case is approved, USCIS may move to rescind the adjustment approval and initiate removal proceedings.

Please note that the previous policy remains unchanged for naturalization cases. Thus, no naturalization case will be approved prior to the successful completion of the FBI name check process.

In the most recent meeting of the AILA/CIS committee, District Director Paul Pierre confirmed that his office and staff are fully aware of the new Interoffice Memorandum from Associate Director Michael Yates. As members may know, San Diego continues to have one of the fastest AOS adjudication timetables in the U.S. The San Diego District will move to pull and adjudicate all cases affected by the new policy as soon as possible.

In order to identify and address those cases which have been pending the longest, the local office will pull all cases pending more than 180 days past the interview date. They understand that 180 days past interview is probably a few months past the date that the name check was originally started but they have to start somewhere. If new fingerprints are needed, the applicant will be rescheduled for prints. After the prints are taken, the case can be adjudicated even if the name check is still pending. If new fingerprints are not needed, the case will be immediately adjudicated.

While the local office refused to formally confirm the number of local AOS cases currently delayed under the name check procedure, informally it is understood that there may be approximately 1200 cases. Unfortunately, these will not all be completed before inquiry day on Tuesday. Members are encouraged to wait at least 6 months past the case interview date before submitting an e-mail case inquiry. Please note that the e-mail inquiry autotext reply to name check subject cases has not yet been updated. Until that happens, members may receive text stating the old policy even though that policy is no longer in effect for AOS cases.
"

.
My name check was ordered on 12-22-2004. (Past 6 time 180 days)
My interview was on 08-12-2007 (less than 180 days)
USCIS is again trying to find out ways to "Delay". That I was expecting.

 

[Slow_CIS]

Are there any good arguemnts that "WOM will cut in line if approved upon litigation" for the MTD?

This is the argument I used in my reply brief.

Line Cutting
Finally, the government asserts that ordering the processing of the appellant’s application “would unfairly favors applicants with the means to file complaints in federal court.” Gov. Br. at 29. In other words, the government implies that the grant of the relief by the court is equivalent to permitting the appellant to jump to the front of the line. Based on the government’s accounts, only 20 percent of FBI name checks take up to six months to resolve and less than one percent remain pending for more than 6 months. At the six month point, appellant had already been among the first one percent top of the line. Now, at the three years point –sixth times longer than what it takes to finish 99 percent of the name checks – he does not need cutting in line tactic. Jianhua Dong court provides a thoughtful rebuttal of the government argument

"The Court does not find this argument compelling. First, these plaintiffs have more than “waited their turn,” having seen millions of later-filed applications processed before theirs. According to the documents submitted by the defendants, only 20 percent of FBI name checks take up to six months to resolve, and less than one percent remain pending for more than six months. The plaintiffs have been waiting close to two years for the completion of a name check. Thus, far from “cutting in line,” or gaming for an unfair advantage vis-à-vis similarly situated applicants, the plaintiffs are simply asking to be placed back in the queue. As for creating an incentive for additional filings, the defendants are correct that others in the same position may seek similar judicial recourse. But the fact that other individuals similarly deprived of their rights to have their applications processed according to the law may seek redress is hardly a reason to withhold relief that is legally warranted. To the contrary, perhaps recognizing this possibility will provide the defendants with adequate incentive to begin processing these applications in a lawful and timely fashion in order to obviate the applicants’ need to resort to the courts for redress."
Jianhua Dong, 513 F. Supp. 2d at 1171-72 (internal citations omitted).

 

[jefkorn]

AILF advisory updated today, nothing major!

AILF Advisory was updated little bit today:

Source: http://www.ailf.org/lac/clearinghouse_mandamus.shtml#fbi

"
Applications at Service Centers and Field Offices
USCIS has informed AILA that it already has begun to identify cases that will be affected by the memo. USCIS Service Centers have uniformly requested that AILA members not submit liaison requests about these cases until after April 30, 2008 to give USCIS time to identify and take action on the cases. After April 30, AILA recommends that AILA members utilize the normal liaison process. Different USCIS Field Offices have also requested that applicants and attorneys not submit individual case inquiries. Prior to April 30, 2008, AILF will provide more information regarding timeframes for submitting inquiries to USCIS Field Offices.
"

 

[jefkorn]

March 10 has come about from phone calls by different users to NSC or may be other SCs but AILF had posted April 30, 2008 since first time they posted the advisory.

The date was already drifting. First, they say Mar 10, now it's Apr 30.

 

[jefkorn]

USCIS issues Q&A on new memo

Q & A regarding new Feb. 04 memo:

http://www.uscis.gov/files/pressrelease/name_check_faq-20feb08.pdf

"
Q5. How many applications for lawful permanent residence are affected by this policy change?
A3. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008.

Q6. How long will it take for USCIS to work through these cases affected by the policy change?
A6. USCIS has begun identifying the cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.

Q9. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if they believe their application meets the criteria of this new policy?

A9. We recommend that customers wait until mid-March before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283.
"

 

[Slow_CIS]

Thanks. What does the quoted abbreviation mean?

Gov. Br. at 29 = Government Brief in my case at page 29. You should find relevant page in Government's MTD in you case and quote that.

 

[assur]

Is this link still available?

Q & A regarding new Feb. 04 memo:

http://www.uscis.gov/files/pressrelease/name_check_faq-20feb08.pdf

"
Q5. How many applications for lawful permanent residence are affected by this policy change?
A3. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008.

Q6. How long will it take for USCIS to work through these cases affected by the policy change?
A6. USCIS has begun identifying the cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.

Q9. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if they believe their application meets the criteria of this new policy?

A9. We recommend that customers wait until mid-March before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283.
"

Is this link still available?

 

[jefkorn]

Name Check Faq file attached

Is this link still available?

Yes, it is. But I am attaching the file too.

 

[assur]

Worked!!

Thanks.

 

[jefkorn]

Did it disappear from USCIS web site?

I can't see the document at USCIS web site under Press Releases ,although I did see it earlier. It is still available if you follow the URL though.

Am I hallucinating?

 

[eliama]

More Info On The Feb 04 Memo

I called customer service sometimes in January inquiring about my 485 and received a letter last week with the usual BS

" we are actively working on this case, however we have to perform additional review................if you receive nothing in 6 months.... "

I called again on Feb 11 and today i received a letter dated Feb 15 saying " Your case is currently under review. You should receive a deicision or notice of other action within 60 days of the date of this letter"

So that would be mid april.
Patience guys, we have been waiting for so long few more months won't hurt.

 

[jefkorn]

I wouldn't worry about it

I had sent an inquiry into my I485 case pending at NSC through Congressman's office before the memo and received following reply on Feb. 14 after the memo:
"
Service records indicate this case is pending security checks. The file cannot continue processing until this check is completed. Please check with us again in 60 days and we’ll check the status of this case.
"

I won't read too much into these kind of responses. May be their system hasn't really caught up and they don't have the new templates for replying based on the recent changes pursuant to me.

Remember how they will ask you to call only after 30 days or 60 days. Old habits die hard!

I called customer service sometimes in January inquiring about my 485 and received a letter last week with the usual BS

" we are actively working on this case, however we have to perform additional review................if you receive nothing in 6 months.... "

I called again on Feb 11 and today i received a letter dated Feb 15 saying " Your case is currently under review. You should receive a deicision or notice of other action within 60 days of the date of this letter"

So that would be mid april.
Patience guys, we have been waiting for so long few more months won't hurt.

 

[imhrb]

I had sent an inquiry into my I485 case pending at NSC through Congressman's office before the memo and received following reply on Feb. 14 after the memo:
"
Service records indicate this case is pending security checks. The file cannot continue processing until this check is completed. Please check with us again in 60 days and we’ll check the status of this case.
"

I won't read too much into these kind of responses. May be their system hasn't really caught up and they don't have the new templates for replying based on the recent changes pursuant to me.

Remember how they will ask you to call only after 30 days or 60 days. Old habits die hard!

I agree with you jefkorn. I had sent a letter to the Vice President's office, who forwarded it to the USCIS. The USCIS responded on Feb 11 or 15 (can't remember) saying the exact same thing. They event attached the good old fact sheet explaining security checks...so, no need to worry.

 

[jefkorn]

I sent the news to Daniel, Editor of www.bibdaily.com and Greg Siskind ( http://blogs.ilw.com/gregsiskind/ ). Bibdaily published just the link which doesn't work now because the file has removed.

What do you make of this though? I hope the promise to "process" all eligible case by mid March is for real. May be tomorrow some IO on the phone may solve the mystery because they must be aware of such claims esp. if they were published/leaked(I don't want to start any rumors!) on the website.

 

[eliama]

You make perfectly sense, but i kind a beleive them on this one. On my INFOPASS Feb 14 i saw the initials of the officer handeling my case and the IO told me 30 to 60 days max. they have some more internal memos that she did not want to discuss but was very affirmative about having majority of the department working on the AOS cases.

In the past they have focused on certain cases more than others. for example, when i applied they were accelerating marriage based GC, i had the interview in 6 months where as the following year 2 of my friends had to wait 8-9 months. i am keeping my fingers crossed.

I had sent an inquiry into my I485 case pending at NSC through Congressman's office before the memo and received following reply on Feb. 14 after the memo:
"
Service records indicate this case is pending security checks. The file cannot continue processing until this check is completed. Please check with us again in 60 days and we’ll check the status of this case.
"

I won't read too much into these kind of responses. May be their system hasn't really caught up and they don't have the new templates for replying based on the recent changes pursuant to me.

Remember how they will ask you to call only after 30 days or 60 days. Old habits die hard!

 

[jefkorn]

USCIS Name Check Policy FAQ available on other sites!

Well is has been posted at AILA's website - http://www.aila.org/content/default.aspx?docid=24696 - as well as another lawyer has copied the contents at : http://www.hooyou.com/news/news022108faq.html

Our very own immigration.com also didn't miss a beat posting the FAQ at:

http://www.immigration.com/newsletter1/fbinamecheckcis.pdf

What remains to be seen is what would be the fate of this FAQ? Will AILA get some sort of clarification from USCIS? Will USCIS post a modified version?

Well, obviously, something is funny. I just hope that USCIS won't put the toothpaste back to its tube. Rembember the 180-day rumor at the end of last year. At least for the current episode, the Feb 4 memorandum was filed in a court and it's not easy to pull back.

By the way, there's a copy on the Trackitt site too. So at least 2 persons saw the FAQ

 

[suethem]

Update my case: WOM family-based NC pending for 26 month
Dear Lazycis and friends,
I got a phone call from AUSA today, and he told me that CIS will be approving my case in 30 days. Due to the pending wom answer's date is Feb 24th, so the AUSA ask me for another 30-day extention.
Lazycis and friends, thank you so much for all your time to help answering all complicated questions. I really appreciate that.
I wish you all good luck and get what ever you wish to...
I will be hanging around!

 

[jefkorn]

The Aftermath of the Revised Guidance - USCIS district offices:Atlanta, Virginia, NY

"
The USCIS district offices in Atlanta, Virginia and New York have reported to AILA liaisons that in anticipation of this policy change they have already completed the process of segregating out those cases awaiting name check clearances for longer than 180 days. In certain instances, where the applicants were fingerprinted more than 15 months ago, USCIS will issue new fingerprint appointment notices so that it may request updated fingerprint clearances from the FBI. As noted above, background investigations related to fingerprint clearances are not covered by Associate Director Aytes' memo. The New York District Office expects that it will issue all such fingerprint appointment notices within the next six weeks.

For those cases where the fingerprint clearances remain valid, the district offices listed above have indicated their intention to begin to adjudicate the covered applications within the next several weeks. The Atlanta District Office has asked that affected applicants and their attorneys wait until after June 1, 2008 to make individual inquiries, offering the explanation that such individual inquiries will limit file movement and needlessly drain resources necessary for case completions. The New York District Office has asked that affected parties wait until May 1, 2008 before contacting USCIS.
"
Source: http://www.cyrusmehta.com/News.aspx?SubIdx=ocyrus2008215113013&Month=&From=Menu&Page=1&Year=All