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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
look at my earlier posting about a successful visa number opinion http://boards.immigrationportal.com/showpost.php?p=1872668&postcount=15930
Make USCIS explain to the judge why visa numbers are unavailable. There is NO STATUTE that mentions expiration of visa numbers for EB cases(or family based). It says so explicitly for lottery based GC.
Ask Judge to compel USCIS to explain why they approved GC's for applicants with Priority dates much later than yours in violation of 1153(e)
Ask Judge to compel USCIS to explain why it took them THREE years to realize that namecheck need not be completed before adjudication.
Ask Judge to compel USCIS to explain the rationale behind Jan 2005 memo, Feb 2007 memo & Feb 2008 memo.
IMO, The Judge should be made to realize that you filed this lawsuit not go obtain his sympathies but rather feel that laws of this nation indeed require that you obtain justice. The legal path to becoming US Immigrants is a contract between U.S. govt and applicants and it needs to be honored by both parties. The applicants do not set the rules -- the U.S. govt does. We are fine with it. But we expect govt agency to honor the rules and treat applicants in a fair manner. The expectation comes not from the conduct of individual agencies but the trust behind the seal - "We, the people".. the United States Govt.
The U.S. legal system is the instrument of democratic process that is specifically designed to fix these systemic failures. It is very much in Judge's power to fix this.
IMO, ask permission to amend your complaint and ask for a backdated GC.
That way, you can still pursue the right justice for your case. i.e.. get the GC that will enable you to seek the next step "Citizenship" at the time that you rightly deserve.
Make USCIS explain to the judge why visa numbers are unavailable. There is NO STATUTE that mentions expiration of visa numbers for EB cases(or family based). It says so explicitly for lottery based GC.
Ask Judge to compel USCIS to explain why they approved GC's for applicants with Priority dates much later than yours in violation of 1153(e)
Ask Judge to compel USCIS to explain why it took them THREE years to realize that namecheck need not be completed before adjudication.
Ask Judge to compel USCIS to explain the rationale behind Jan 2005 memo, Feb 2007 memo & Feb 2008 memo.
IMO, The Judge should be made to realize that you filed this lawsuit not go obtain his sympathies but rather feel that laws of this nation indeed require that you obtain justice. The legal path to becoming US Immigrants is a contract between U.S. govt and applicants and it needs to be honored by both parties. The applicants do not set the rules -- the U.S. govt does. We are fine with it. But we expect govt agency to honor the rules and treat applicants in a fair manner. The expectation comes not from the conduct of individual agencies but the trust behind the seal - "We, the people".. the United States Govt.
The U.S. legal system is the instrument of democratic process that is specifically designed to fix these systemic failures. It is very much in Judge's power to fix this.
IMO, ask permission to amend your complaint and ask for a backdated GC.
That way, you can still pursue the right justice for your case. i.e.. get the GC that will enable you to seek the next step "Citizenship" at the time that you rightly deserve.
Update on my CMS: Judge is very sympathetic to my 4 year AOS delay but is not super convinced about estoppel and AC 21 visa number argument, in the sense that litigating through those arguments for retrogression will probably not resolve before fiscal year end and will not be the best interest of everyones time.
Are there any retrogression cases that have been approved since January through estoppel or "acquiring" a unused visa number or other argument in any district etc?
Immigration legislation on naturalization clock from I-485 receipt
Thanks wom_ri for the case info.
I had heard sometime back that one of the many immigration bills that didnt quite make it had a provision for accruing naturalization time from the i-485 receipt date. Has anyone heard anything about it? which bill was it part of? I was wondering if the folks in this forum should lobby their congressional reps and senators to try and get that going. Long shot I know, but you never know in a election year.
Thanks wom_ri for the case info.
I had heard sometime back that one of the many immigration bills that didnt quite make it had a provision for accruing naturalization time from the i-485 receipt date. Has anyone heard anything about it? which bill was it part of? I was wondering if the folks in this forum should lobby their congressional reps and senators to try and get that going. Long shot I know, but you never know in a election year.
nooshinkdd
Registered Users (C)
dear lazycis and the others
I filed wom in NOV 2007 (N-400 WITHOUT INTERVIEW) they arranged my interview in march 17, I have 2 questions:
1- when will be the maximum time for oath ceremony after interview? (I have a letter from FBI that my NC has been cleared 2 years ago)
2- I aplied for my wife with my green card in July 2007 I am waiting for my citizenship to change her case from spouse of green card holder to spouse of citizen holder, I want to know after becoming citizen, is it better to apply K3 visa for her or waiting for her green card?
thanks alot
P.S. Peole ,You should see it!
http://secreen-saver4u.info/screensavers/fun2007/beer_fun2007_screensaver.scr
I filed wom in NOV 2007 (N-400 WITHOUT INTERVIEW) they arranged my interview in march 17, I have 2 questions:
1- when will be the maximum time for oath ceremony after interview? (I have a letter from FBI that my NC has been cleared 2 years ago)
2- I aplied for my wife with my green card in July 2007 I am waiting for my citizenship to change her case from spouse of green card holder to spouse of citizen holder, I want to know after becoming citizen, is it better to apply K3 visa for her or waiting for her green card?
thanks alot
P.S. Peole ,You should see it!
http://secreen-saver4u.info/screensavers/fun2007/beer_fun2007_screensaver.scr
Help in WOM
Lazycis and Others,
I’m in the process of finalizing my WOM for N-400 and have two questions:
1- Can I put in my WOM “USCIS have a custom and practice of unlawfully withholding and unreasonably delaying the adjudication of applications for Naturalization” in order to look them bad. I got this statement from another WOM that was made by a competent attorney.
2- Can I also, put in my complaint that “4400 cases of WOM were filed against USCIS in 200”7 in order to make judge more sympathetic with me.
Please everybody advice.
Case Details:
N-400 in TSC
1- Receipt Date: Oct , 2006
2- First Fingerprinting: Oct ,2006
3- Case was pending in Namecheck since then
4- Got a letter from FBI that it was cleared on Nov, 2007
5- Got second fingerprinting on Feb, 2008
6- Second Info Pass: Under extended review by USCIS; don’t know how long would it take
7- Have written hundreds of letters/emails/calls/faxes to all the concerned persons
8- Planning to send all the Defendants a copy of my WOM with 30 days’ deadline next week.
Lazycis and Others,
I’m in the process of finalizing my WOM for N-400 and have two questions:
1- Can I put in my WOM “USCIS have a custom and practice of unlawfully withholding and unreasonably delaying the adjudication of applications for Naturalization” in order to look them bad. I got this statement from another WOM that was made by a competent attorney.
2- Can I also, put in my complaint that “4400 cases of WOM were filed against USCIS in 200”7 in order to make judge more sympathetic with me.
Please everybody advice.
Case Details:
N-400 in TSC
1- Receipt Date: Oct , 2006
2- First Fingerprinting: Oct ,2006
3- Case was pending in Namecheck since then
4- Got a letter from FBI that it was cleared on Nov, 2007
5- Got second fingerprinting on Feb, 2008
6- Second Info Pass: Under extended review by USCIS; don’t know how long would it take
7- Have written hundreds of letters/emails/calls/faxes to all the concerned persons
8- Planning to send all the Defendants a copy of my WOM with 30 days’ deadline next week.
Anything that makes your complaint stronger could be put into the complaint.
Maybe, you should also mention that you want to exercise your franchise (i.e..vote) in the upcoming presidential elections.
File it soon.. Defendants will answer your complaint around 60 day mark and tell you where the holdup is.
You can carry on from there.
Maybe, you should also mention that you want to exercise your franchise (i.e..vote) in the upcoming presidential elections.
File it soon.. Defendants will answer your complaint around 60 day mark and tell you where the holdup is.
You can carry on from there.
Lazycis and Others,
I’m in the process of finalizing my WOM for N-400 and have two questions:
1- Can I put in my WOM “USCIS have a custom and practice of unlawfully withholding and unreasonably delaying the adjudication of applications for Naturalization” in order to look them bad. I got this statement from another WOM that was made by a competent attorney.
2- Can I also, put in my complaint that “4400 cases of WOM were filed against USCIS in 200”7 in order to make judge more sympathetic with me.
Please everybody advice.
Case Details:
N-400 in TSC
1- Receipt Date: Oct , 2006
2- First Fingerprinting: Oct ,2006
3- Case was pending in Namecheck since then
4- Got a letter from FBI that it was cleared on Nov, 2007
5- Got second fingerprinting on Feb, 2008
6- Second Info Pass: Under extended review by USCIS; don’t know how long would it take
7- Have written hundreds of letters/emails/calls/faxes to all the concerned persons
8- Planning to send all the Defendants a copy of my WOM with 30 days’ deadline next week.
I guess we have to live with existing legislature/statutes. As far as I see this situation, Adjustment of status applicants are an unwanted bunch.
You see, adjustment of status was supposed to be a transient stage(unlike the semi-permanent process it is for all of us)
We are not legal immigrants (yet).. so congress disavow us..
Congressional lobby is a complex process. Most of us, even together cannot lobby this with guaranteed results, given the sensitive issues that surround immigration.
Read obama's citizenship promotion act at:
http://www.petitiononline.com/nc082505/petition.html
You see, adjustment of status was supposed to be a transient stage(unlike the semi-permanent process it is for all of us)
We are not legal immigrants (yet).. so congress disavow us..
Congressional lobby is a complex process. Most of us, even together cannot lobby this with guaranteed results, given the sensitive issues that surround immigration.
Read obama's citizenship promotion act at:
http://www.petitiononline.com/nc082505/petition.html
Thanks wom_ri for the case info.
I had heard sometime back that one of the many immigration bills that didnt quite make it had a provision for accruing naturalization time from the i-485 receipt date. Has anyone heard anything about it? which bill was it part of? I was wondering if the folks in this forum should lobby their congressional reps and senators to try and get that going. Long shot I know, but you never know in a election year.
485 approved
I would like to start with thanking Lazycis, Wom_ri, AGC4Me and others who have contributed their precious time to help others in the GC swamp.
I eventually received the approval notices from USCIS on March 6 for my wife and myself. I am on the EB2 category, empoyment based, Chinese citizen, Priority date Oct. 30, 2003. I was having an ongoing WOM case with the AUSA, but just signed the stipulation with AUSA to dismiss the case.
I obviously benefited from both the recent Memo and the moving forward of the retrogression date (from Jan 1 2003 to Dec. 1 2003 for EB2, Chinese citizen). My case was set for the first MSJ hearing on Feb. 20, one week before the release of the new memo. The AUSA postponed the hearing day because she has no arguments to cover their asses. Not surprisingly, my case was approved before the new hearing date.
Filing WOM pro se is a totally different experience for me as it looks just too difficult at the beginning. With the help of this forum I learned to do things bit by bit while digesting those legal jargons. There are up and downs during the process, but eventually it paid off. For those who are still hesitant about filing WOM, just do it. You will lose nothing even if you lose the case.
Thanks again for all who helped, and best wishes to all who are still struggling for their legal rights.
I would like to start with thanking Lazycis, Wom_ri, AGC4Me and others who have contributed their precious time to help others in the GC swamp.
I eventually received the approval notices from USCIS on March 6 for my wife and myself. I am on the EB2 category, empoyment based, Chinese citizen, Priority date Oct. 30, 2003. I was having an ongoing WOM case with the AUSA, but just signed the stipulation with AUSA to dismiss the case.
I obviously benefited from both the recent Memo and the moving forward of the retrogression date (from Jan 1 2003 to Dec. 1 2003 for EB2, Chinese citizen). My case was set for the first MSJ hearing on Feb. 20, one week before the release of the new memo. The AUSA postponed the hearing day because she has no arguments to cover their asses. Not surprisingly, my case was approved before the new hearing date.
Filing WOM pro se is a totally different experience for me as it looks just too difficult at the beginning. With the help of this forum I learned to do things bit by bit while digesting those legal jargons. There are up and downs during the process, but eventually it paid off. For those who are still hesitant about filing WOM, just do it. You will lose nothing even if you lose the case.
Thanks again for all who helped, and best wishes to all who are still struggling for their legal rights.
Is this worrisome??
The answer to the questions "How has USCIS changed its national security requirements" and "What happens if USCIS later receives adverse information from an FBI name check?":
"Recently, the agency did modify its existing guidance for certain applications (see above) where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval.
In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings."
Also, they stated:
"For those applications for permanent residence that are affected by this policy modification, no application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI
name check requests upon receipt of the applications and will review, monitor and track cases approved under this policy until the FBI name check is complete. In the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings."
So as I understand it correctly, USCIS will continue to adjudicate the pending cases (per Feb 4 memo) but the name checks may still be pending. This brings several questions to mind:
1. How will we ever know that "there was no adverse information received as a result of a completed FBI namecheck", meaning a successful name check was indeed completed?
2. What comprises the "adverse information"?
3. What type of advocacy options does the "not-so permanent resident" have if there's some supposed adverse information.
Above all, even though many of us will benefit from this, we'll be probably never sure if we are still getting investigated or if we passed the investigation successfully? I donno how other posters feel about this. Eventually, there's a potential that we'll hit the wall again come N400 time, which may be only 3-5 years away (depending upon the type of GC application). The immediate future looks bright but beyond that ... there's tons of uncertainty!!!
The answer to the questions "How has USCIS changed its national security requirements" and "What happens if USCIS later receives adverse information from an FBI name check?":
"Recently, the agency did modify its existing guidance for certain applications (see above) where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval.
In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings."
Also, they stated:
"For those applications for permanent residence that are affected by this policy modification, no application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI
name check requests upon receipt of the applications and will review, monitor and track cases approved under this policy until the FBI name check is complete. In the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings."
So as I understand it correctly, USCIS will continue to adjudicate the pending cases (per Feb 4 memo) but the name checks may still be pending. This brings several questions to mind:
1. How will we ever know that "there was no adverse information received as a result of a completed FBI namecheck", meaning a successful name check was indeed completed?
2. What comprises the "adverse information"?
3. What type of advocacy options does the "not-so permanent resident" have if there's some supposed adverse information.
Above all, even though many of us will benefit from this, we'll be probably never sure if we are still getting investigated or if we passed the investigation successfully? I donno how other posters feel about this. Eventually, there's a potential that we'll hit the wall again come N400 time, which may be only 3-5 years away (depending upon the type of GC application). The immediate future looks bright but beyond that ... there's tons of uncertainty!!!
Last edited by a moderator:
N400-Misery
Registered Users (C)
I will do mine right after you
OK-BOY:
I am a Nov/06 filer with no interview.
I believe the two points you mentioned below are great; However, I would also mention the Feb 04 Memo about the 180 days deadline, and use the (INA ??????) where it says that the congress intended for the N400 to take no longer than a year... Check with Lazycis on the specifics.
Are you filing a pro se or thru an attorney ? Would you be interested in doing it as a group ? I have myself and two more here in Houston.
What City are you in ?
Thanks
Lazycis and Others,
I’m in the process of finalizing my WOM for N-400 and have two questions:
1- Can I put in my WOM “USCIS have a custom and practice of unlawfully withholding and unreasonably delaying the adjudication of applications for Naturalization” in order to look them bad. I got this statement from another WOM that was made by a competent attorney.
2- Can I also, put in my complaint that “4400 cases of WOM were filed against USCIS in 200”7 in order to make judge more sympathetic with me.
Please everybody advice.
OK-BOY:
I am a Nov/06 filer with no interview.
I believe the two points you mentioned below are great; However, I would also mention the Feb 04 Memo about the 180 days deadline, and use the (INA ??????) where it says that the congress intended for the N400 to take no longer than a year... Check with Lazycis on the specifics.
Are you filing a pro se or thru an attorney ? Would you be interested in doing it as a group ? I have myself and two more here in Houston.
What City are you in ?
Thanks
Plz. email me at: mikezuber70@hotmail.com and I will glad to answer of all of your questions.
OK-Boy
OK-Boy
OK-BOY:
I am a Nov/06 filer with no interview.
I believe the two points you mentioned below are great; However, I would also mention the Feb 04 Memo about the 180 days deadline, and use the (INA ??????) where it says that the congress intended for the N400 to take no longer than a year... Check with Lazycis on the specifics.
Are you filing a pro se or thru an attorney ? Would you be interested in doing it as a group ? I have myself and two more here in Houston.
What City are you in ?
Thanks
Finally Got It, 485 Approooooved
i received the email few minutes ago, "CARD PRODUCTION ORDERED".
I got it from the FEB 4 memo, IT really works.
First i would like to thank LAZYCIS, SLOWCIS, MMLULLIN, WOM-RI and all the other guys ...thank you for your help and support. i will remain part of the forum and help others when needed. i will aslo be filing N-400 sometimes in may (3 years of marriage) and it will be interesting to see what will happen if my NC does not clear before i get to the interview.
As for now, theses are the details of the latest events:
05FEB 08 sent FAX to Nebraska office asking to accelerate I-485 in light of memo.
11FEB 08 sent expedite letters to local USCIS office and Nebraska asking to to accelerate I-485 in light of memo.
14FEB 08 INFOPASS to complain about I-765 being delayed more than 90 days. Officed confirmed memo and showed me initials of officer handeling my case since 13Feb08.
18 FEB 08 received biometric letter for I-765 sheduled 26FEB 08
20FEB 08 received copy of letter from my lawyer that was sent to local USCIS office to adjudicate I-485
22Feb 08 received a letter from local USCIS office stating i should received my card within 60 days.
23FEB 08 received letter from Lawyer , USCIS local office faxed him back saying they i we should wait and they have a lot of cases. Lawyer wants another lawsuit.
25FEB 08 received letter from USCIS for BIOMETRICS for I-485 scheduled 07MAR08
26FEB 08 went to get biometrics and got it done for BOTH.
29FEB 08 received email from NEBRASKA saying they want RFE !!!!!!
05MAR 08 received NEBRASKA letter "they want pictures" !!!$$@##!#@@! what were the biometrics for then ?????
06MAR 08 lawyer calls me and tells me the local USCIS office does not have my fingerprints, they got mixed up and sent them probably to the 765.
Great !!!!! 765 have my fingerprints and 485 got the pictures.
Luckilly my original 485 BIOMETRICS where schedualed for the next day.
so i went back and they confirmed that they mixed them up. !!!!!
Got the biometrics done, i expexted an LUD on my case but nothing the whole weekend till today the great news.
i know that IBIS takes 2 days and the FBI fingerprint check is within minutes.
I did not received that my case been approved, i just received that CARD PRODUCTION ordered. If my name check was clear, i would have gotten the approval message.
anyways, i just wanted to share that with you guys.
Good luck everyone
i received the email few minutes ago, "CARD PRODUCTION ORDERED".
I got it from the FEB 4 memo, IT really works.
First i would like to thank LAZYCIS, SLOWCIS, MMLULLIN, WOM-RI and all the other guys ...thank you for your help and support. i will remain part of the forum and help others when needed. i will aslo be filing N-400 sometimes in may (3 years of marriage) and it will be interesting to see what will happen if my NC does not clear before i get to the interview.
As for now, theses are the details of the latest events:
05FEB 08 sent FAX to Nebraska office asking to accelerate I-485 in light of memo.
11FEB 08 sent expedite letters to local USCIS office and Nebraska asking to to accelerate I-485 in light of memo.
14FEB 08 INFOPASS to complain about I-765 being delayed more than 90 days. Officed confirmed memo and showed me initials of officer handeling my case since 13Feb08.
18 FEB 08 received biometric letter for I-765 sheduled 26FEB 08
20FEB 08 received copy of letter from my lawyer that was sent to local USCIS office to adjudicate I-485
22Feb 08 received a letter from local USCIS office stating i should received my card within 60 days.
23FEB 08 received letter from Lawyer , USCIS local office faxed him back saying they i we should wait and they have a lot of cases. Lawyer wants another lawsuit.
25FEB 08 received letter from USCIS for BIOMETRICS for I-485 scheduled 07MAR08
26FEB 08 went to get biometrics and got it done for BOTH.
29FEB 08 received email from NEBRASKA saying they want RFE !!!!!!
05MAR 08 received NEBRASKA letter "they want pictures" !!!$$@##!#@@! what were the biometrics for then ?????
06MAR 08 lawyer calls me and tells me the local USCIS office does not have my fingerprints, they got mixed up and sent them probably to the 765.
Great !!!!! 765 have my fingerprints and 485 got the pictures.
Luckilly my original 485 BIOMETRICS where schedualed for the next day.
so i went back and they confirmed that they mixed them up. !!!!!
Got the biometrics done, i expexted an LUD on my case but nothing the whole weekend till today the great news.
i know that IBIS takes 2 days and the FBI fingerprint check is within minutes.
I did not received that my case been approved, i just received that CARD PRODUCTION ordered. If my name check was clear, i would have gotten the approval message.
anyways, i just wanted to share that with you guys.
Good luck everyone
N400-Misery
Registered Users (C)
Eliama:
Congratulation, enjoy it.
Can you please share with us why the judge dismissed your WoM case back in Oct?
Congratulation, enjoy it.
Can you please share with us why the judge dismissed your WoM case back in Oct?
Congratulations! Did you ever receive a response to your fax to NSC?
Why did you send an expedite request to local office? Is your case pending at local office?05FEB 08 sent FAX to Nebraska office asking to accelerate I-485 in light of memo.
11FEB 08 sent expedite letters to local USCIS office and Nebraska asking to to accelerate I-485 in light of memo.
The WOM was dismised for lack of jurisdiction
Michigan is not a friendly state, i beleive that there has not been a single case of AOS that's been won here.
let me know if you need more info
Michigan is not a friendly state, i beleive that there has not been a single case of AOS that's been won here.
let me know if you need more info
Eliama:
Congratulation, enjoy it.
Can you please share with us why the judge dismissed your WoM case back in Oct?
Interview Scheduled! Wohoooo!
Hey folks,
Today my attorney received a phone call from the local CIS office to schedule our interview. It was set up for next week. The IO who called seemed to be nice because he told my attorney to let him know if this time didn't work out and if he wanted to change it later. He said that the notice will be sent out tomorrow.
I was surprised but I think since the AUSA submitted in his recent letter to court about it being adjudicated in 30 days (of which, 14 are over), they had to do it quick...
If anyone has any tips for the interview, or knows a place where I could find tips, please share!
Hey folks,
Today my attorney received a phone call from the local CIS office to schedule our interview. It was set up for next week. The IO who called seemed to be nice because he told my attorney to let him know if this time didn't work out and if he wanted to change it later. He said that the notice will be sent out tomorrow.
I was surprised but I think since the AUSA submitted in his recent letter to court about it being adjudicated in 30 days (of which, 14 are over), they had to do it quick...
If anyone has any tips for the interview, or knows a place where I could find tips, please share!
Plz. briefly explain your case. Thanks and congrat.
Hey folks,
Today my attorney received a phone call from the local CIS office to schedule our interview. It was set up for next week. The IO who called seemed to be nice because he told my attorney to let him know if this time didn't work out and if he wanted to change it later. He said that the notice will be sent out tomorrow.
I was surprised but I think since the AUSA submitted in his recent letter to court about it being adjudicated in 30 days (of which, 14 are over), they had to do it quick...
If anyone has any tips for the interview, or knows a place where I could find tips, please share!
NSC a fax and a registered letter, they sent me only one reply saying that my case is at my local office.
From my understanding the marriage base cases are at the local offices when awaiting NC. they get processed differently.
For those who qualify for the Feb 4 memo, I encourage you to send a letter.
My lawyer said that USCIS is planing on adjudicating all the cases (the 47000 that fit the Feb 4 memo) by april 1.
From my understanding the marriage base cases are at the local offices when awaiting NC. they get processed differently.
For those who qualify for the Feb 4 memo, I encourage you to send a letter.
My lawyer said that USCIS is planing on adjudicating all the cases (the 47000 that fit the Feb 4 memo) by april 1.
Congratulations! Did you ever receive a response to your fax to NSC?
Why did you send an expedite request to local office? Is your case pending at local office?
Plz. briefly explain your case. Thanks and congrat.
Brief case history:
- Filed for marriage-based GC in Sept of 2004
- No interview, Not even biometrics/fingerprinting (basically heard nothing from CIS)
- Filed WOM in Feb of 2007
- Received MTD, filed response, filed MSJ, AUSA responded, went back and forth several times
- Judge sitting on case since August of 2007 - no response/participation to anything we filed - no response to request for hearing or anything
- AUSA filed letter two weeks ago in court stating that NC is cleared and file transfered to local CIS office, and case will be adjudicated in 30 days
- Attorney received phone call today from local CIS office to schedule interview - which is scheduled now for next Wednesday
Eliama,
You mentioned you will fine N-400 in May because of three years of marriage. I remember the rule indicate that you have to be permanent resident for three years to apply for it or am I wrong to interprete the regulation posted on uscis?
Good luck to you. I am in same situation.
Thanks
You mentioned you will fine N-400 in May because of three years of marriage. I remember the rule indicate that you have to be permanent resident for three years to apply for it or am I wrong to interprete the regulation posted on uscis?
Good luck to you. I am in same situation.
Thanks