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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
N400-Misery
Registered Users (C)
Congrats "Suethem"
Very happy for you .. Enjoy it.
Does anyone know or believe that FBI would be able to know which request is for N400 or I-485 ...etc.
I'm hoping that some smart fellow up there would just shift all the resources to work on the N400 backlog till they bring it down to about 3 - 6 month delay then re-distribute the resources to finish up the Green Card requests.
I think I'm starting to lose it .... Can someone read me out there ..
-----------------------------
N400 TSC
PD: 11/??/2006
FP: 12/??/2006
IL: ???????
OL: ??????
WoM: Sooner than you think.
Update: Welcome notice sent
Today I got a welcome notice from CIS. I would like to dedicate this victory to Lazerthegreat, publicius, Lazycis and all friends in this forum. Thank you all for useful and helpful information.
Good luck everyone.
Very happy for you .. Enjoy it.
Does anyone know or believe that FBI would be able to know which request is for N400 or I-485 ...etc.
I'm hoping that some smart fellow up there would just shift all the resources to work on the N400 backlog till they bring it down to about 3 - 6 month delay then re-distribute the resources to finish up the Green Card requests.
I think I'm starting to lose it .... Can someone read me out there ..
-----------------------------
N400 TSC
PD: 11/??/2006
FP: 12/??/2006
IL: ???????
OL: ??????
WoM: Sooner than you think.
I have the same situation as you and filed one month earlier than you. I got the second FP notice so I'm expecting something soon if not then WOM is ready to file Pro Se.
OK-Boy
OK-Boy
Very happy for you .. Enjoy it.
Does anyone know or believe that FBI would be able to know which request is for N400 or I-485 ...etc.
I'm hoping that some smart fellow up there would just shift all the resources to work on the N400 backlog till they bring it down to about 3 - 6 month delay then re-distribute the resources to finish up the Green Card requests.
I think I'm starting to lose it .... Can someone read me out there ..
-----------------------------
N400 TSC
PD: 11/??/2006
FP: 12/??/2006
IL: ???????
OL: ??????
WoM: Sooner than you think.
Very happy for you .. Enjoy it.
Does anyone know or believe that FBI would be able to know which request is for N400 or I-485 ...etc.
N400 and I-485 NC have different codes in FBI system.
Processing times posted
The dates moved from Jul 19 to July 30 for employment based I-485 at NSC.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
The dates moved from Jul 19 to July 30 for employment based I-485 at NSC.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
Lazycis,
You play the most important role in this lawsuit, I really appreciate that. Once again I thank you for your help to bring me this sucess. You're our HERO!
~~~> N400-misery, thank you for your congratulation. You turn will be soon while ton of name check victims are suing them across the country. Atleast they will be trying to reduce backlog from their offices to avoid pounding hammer from the District judge.
Good luck!
You play the most important role in this lawsuit, I really appreciate that. Once again I thank you for your help to bring me this sucess. You're our HERO!
~~~> N400-misery, thank you for your congratulation. You turn will be soon while ton of name check victims are suing them across the country. Atleast they will be trying to reduce backlog from their offices to avoid pounding hammer from the District judge.
Good luck!
The dates moved from Jul 19 to July 30 for employment based I-485 at NSC.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
did you see that TSC went back to April 10 2007 ....
Those processing time are so inconsistent with the reality that they are almost meaningless
Back
Well I lost my MSJ but am glad to be in the states. Looks like many have been successful and lazycis is going great with his ever helping presence. I'm so happy that all our litigation efforts have resulted in the USCIS memo.
Lazycis any progress on a class action lawsuit for recapturing the lost time ?
Well I lost my MSJ but am glad to be in the states. Looks like many have been successful and lazycis is going great with his ever helping presence. I'm so happy that all our litigation efforts have resulted in the USCIS memo.
Lazycis any progress on a class action lawsuit for recapturing the lost time ?
welcome back.. what did the judge say on MSJ. I understand this is for a visa number for your spouse right ?
Did you add estoppel ? affirmative misconduct ?
Man.. Iam so pissed that USCIS lost 10000 visa numbers in 2006..
used up 47000 visa numbers in EB2 2 India using AC21 numbers in 2005..
ombudsman report for 2007 is awaited for 2007 fiasco
and here Iam still waiting for a visa number.
proving estoppel is tough but I think it may work.. for genuine situations like this...
Did you add estoppel ? affirmative misconduct ?
Man.. Iam so pissed that USCIS lost 10000 visa numbers in 2006..
used up 47000 visa numbers in EB2 2 India using AC21 numbers in 2005..
ombudsman report for 2007 is awaited for 2007 fiasco
and here Iam still waiting for a visa number.
proving estoppel is tough but I think it may work.. for genuine situations like this...
Well I lost my MSJ but am glad to be in the states. Looks like many have been successful and lazycis is going great with his ever helping presence. I'm so happy that all our litigation efforts have resulted in the USCIS memo.
Lazycis any progress on a class action lawsuit for recapturing the lost time ?
Last edited by a moderator:
welcome back.. what did the judge say on MSJ. I understand this is for a visa number for your spouse right ?
Did you add estoppel ? affirmative misconduct ?
Man.. Iam so pissed that USCIS lost 10000 visa numbers in 2006..
used up 47000 visa numbers in EB2 2 India using AC21 numbers in 2005..
ombudsman report for 2007 is awaited for 2007 fiasco
and here Iam still waiting for a visa number.
proving estoppel is tough but I think it may work.. for genuine situations like this...
Judge didn't even go in to all these arguments. just said delay is mainly because we coudn't provide original birth certificate in 2006.
post memo prayer for relief(EB2 IND)
Well. Judge can't say that to me..
post Feb4 memo, I have this in my amended complaint, prayer for relief:
120. WHEREFORE, in view of the arguments and authority noted herein, the Plaintiffs respectfully prays that the Court:
(a) Assume jurisdiction over this cause.
(b) Compel or Estopp Department of State(DOS) to release visa numbers required for adjudicating plaintiff applications. Many options remain to obtain a visa number:
i) Obtain AC21 visa numbers for year 2005
ii) Obtain unused visa numbers for year 2006 or 2007
iii) Obtain AC21 visa numbers for year 2008
(c) Compel Defendants to expeditiously adjudicate plaintiffs application using visa number obtained from DOS.
(d) If plaintiffs are indeed found eligible for permanent resident status, estopp government from denying plaintiffs benefit of permanent resident status as of a date deemed proper by this court.i.e.. grant a backdated Green Card. Many options remain:
i) Backdate Green Card issue date to 180 days from I-485 receipt date of March 11, 2005.
ii) Backdate Green Card issue date to first date of fiscal year from which visa number is used.
iii) Since complaint was filed in 2007 and if visa number is obtained from 2008 fiscal quota, backdate Green Card issue date to first date of this fiscal year, 1st Oct, 200
Well. Judge can't say that to me..
post Feb4 memo, I have this in my amended complaint, prayer for relief:
120. WHEREFORE, in view of the arguments and authority noted herein, the Plaintiffs respectfully prays that the Court:
(a) Assume jurisdiction over this cause.
(b) Compel or Estopp Department of State(DOS) to release visa numbers required for adjudicating plaintiff applications. Many options remain to obtain a visa number:
i) Obtain AC21 visa numbers for year 2005
ii) Obtain unused visa numbers for year 2006 or 2007
iii) Obtain AC21 visa numbers for year 2008
(c) Compel Defendants to expeditiously adjudicate plaintiffs application using visa number obtained from DOS.
(d) If plaintiffs are indeed found eligible for permanent resident status, estopp government from denying plaintiffs benefit of permanent resident status as of a date deemed proper by this court.i.e.. grant a backdated Green Card. Many options remain:
i) Backdate Green Card issue date to 180 days from I-485 receipt date of March 11, 2005.
ii) Backdate Green Card issue date to first date of fiscal year from which visa number is used.
iii) Since complaint was filed in 2007 and if visa number is obtained from 2008 fiscal quota, backdate Green Card issue date to first date of this fiscal year, 1st Oct, 200
Judge didn't even go in to all these arguments. just said delay is mainly because we coudn't provide original birth certificate in 2006.
flowreports from AC21
AC21 is specified in detail at:
http://history.nih.gov/01docs/historical/documents/PL106-313.pdf
AC21 provisions for recapture are available at:
http://www.visalaw.com/05feb4/10feb405.html
also look at flow reports at USCIS web site(talks about recaptured visa numbers):
http://www.dhs.gov/ximgtn/statistics/publications/index.shtm
1. 2005:
http://www.dhs.gov/xlibrary/assets/statistics/publications/USLegalPermEst_5.pdf
2. 2006:
http://www.dhs.gov/xlibrary/assets/statistics/publications/IS-4496_LPRFlowReport_04vaccessible.pdf
AC21 is specified in detail at:
http://history.nih.gov/01docs/historical/documents/PL106-313.pdf
AC21 provisions for recapture are available at:
http://www.visalaw.com/05feb4/10feb405.html
also look at flow reports at USCIS web site(talks about recaptured visa numbers):
http://www.dhs.gov/ximgtn/statistics/publications/index.shtm
1. 2005:
http://www.dhs.gov/xlibrary/assets/statistics/publications/USLegalPermEst_5.pdf
2. 2006:
http://www.dhs.gov/xlibrary/assets/statistics/publications/IS-4496_LPRFlowReport_04vaccessible.pdf
What are AC21 visa number? What part of the AC21 act govern these?
Last edited by a moderator:
Strange Interpretation of the Memo
Hello All,
I had requested my congressman's s office last week to do an inquiry, in light of the memo.
Today the lady called and told me something strange; and something that kind of didn't make sense. She said that first of all USCIS has advised them not to contact them for inquiries in light of this memo. Secondly, what they mean by the memo is that any cases where there was no initial hit in the FBI namechecks will be cleared quickly. This is, in her words, the meaning of "otherwise approvable" cases. In cases where there were hits while doing the checks (i.e. the cases that have problems, according to her), those cases will be held and checked as they have been, and won't be done any quickly. She said however that the whole idea for this is to basically get the "easy" cases out of the way quickly so they can focus on these "problem" cases and try to get them resolved.
Strange, isn't it? Anyone else heard something similar?
Also, does anyone know of any threads on any forums that are tracking people who get their 485s approved after this memo, apparently BECAUSE of the memo? I am assuming that since it's been 3 weeks now, there would be some approvals by now?
Hello All,
I had requested my congressman's s office last week to do an inquiry, in light of the memo.
Today the lady called and told me something strange; and something that kind of didn't make sense. She said that first of all USCIS has advised them not to contact them for inquiries in light of this memo. Secondly, what they mean by the memo is that any cases where there was no initial hit in the FBI namechecks will be cleared quickly. This is, in her words, the meaning of "otherwise approvable" cases. In cases where there were hits while doing the checks (i.e. the cases that have problems, according to her), those cases will be held and checked as they have been, and won't be done any quickly. She said however that the whole idea for this is to basically get the "easy" cases out of the way quickly so they can focus on these "problem" cases and try to get them resolved.
Strange, isn't it? Anyone else heard something similar?
Also, does anyone know of any threads on any forums that are tracking people who get their 485s approved after this memo, apparently BECAUSE of the memo? I am assuming that since it's been 3 weeks now, there would be some approvals by now?
Hmm,
that's how I understood the memo as well. The initial "hit" means that there is something in the FBI database. Remember, that this is only the first round of checks they do. The name check is something different. You are mixing up two things. Having an FBI record and the deeper investigative search on the name.
So, what she is saying is basically true. Get the easy stuff out of the way means whatever doesn't have an FBI record gets on the fast track. If they find one, they go look further into it.
AFTER that is all done and over with, the name check will still be done at some point, but AFTER you got the GC.
that's how I understood the memo as well. The initial "hit" means that there is something in the FBI database. Remember, that this is only the first round of checks they do. The name check is something different. You are mixing up two things. Having an FBI record and the deeper investigative search on the name.
So, what she is saying is basically true. Get the easy stuff out of the way means whatever doesn't have an FBI record gets on the fast track. If they find one, they go look further into it.
AFTER that is all done and over with, the name check will still be done at some point, but AFTER you got the GC.
Hello All,
I had requested my congressman's s office last week to do an inquiry, in light of the memo.
Today the lady called and told me something strange; and something that kind of didn't make sense. She said that first of all USCIS has advised them not to contact them for inquiries in light of this memo. Secondly, what they mean by the memo is that any cases where there was no initial hit in the FBI namechecks will be cleared quickly. This is, in her words, the meaning of "otherwise approvable" cases. In cases where there were hits while doing the checks (i.e. the cases that have problems, according to her), those cases will be held and checked as they have been, and won't be done any quickly. She said however that the whole idea for this is to basically get the "easy" cases out of the way quickly so they can focus on these "problem" cases and try to get them resolved.
Strange, isn't it? Anyone else heard something similar?
Also, does anyone know of any threads on any forums that are tracking people who get their 485s approved after this memo, apparently BECAUSE of the memo? I am assuming that since it's been 3 weeks now, there would be some approvals by now?
It does not make any sense. The memo does not mention any hits, the only criteria is FBI name check pending more than 180 days. They are getting a quick response to all name checks without a hit so the memo does not affect such cases at all.