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

[soccergirl]

Stuck in Fingerprint check

I've read many postings here and have gotten some wonderful information. Thank you to everyone who has contributed. Here's my story......

My friend applied for citizenship in September of 2006. Received his receipt in the mail, was called in to be fingerprinted and hasn't heard a word from USCIS since. His receipt letter said to wait 540 days. (Which seems extremely long but he did) It is NOW past the 540 day mark. He has sent numerous letters with no response. The ironic thing is that his wife applied for hers at the same time (in the same mailing) and is already a citizen. Did his file fall under somebody's desk????

It sounds like I need to contact the FBI under FIOPA and find out the status of the Fingerprint check. Can onyone tell me how to do this. An Address or phone number or who to contact there. Or is there anything else I should be doing to help him. Infopass etc.....I was also considering helping him file a Writ of Mandamus. Anyone have any experience with this. I've printed some good info from this thread already but personal experience is very helpful.

Help please....this is so frustrating.....seems so unfair........

Thank you for any help you can give!

 

[jefkorn]

We trust you It was unavailable for couple of hours. It is available again now. Always save local copy, you never know it seems like a pattern unless it was purely technical. The first published copy is available at http://www.immigration-law.com/Canada.html and http://immigration-information.com/forums/showpost.php?p=14665&postcount=1

I swear that I saw this bulletin on DOS site:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
Now it is not there.. I see a fiasco brewing ?

 

[soccergirl]

same situation

Lazycis and others,

I talked to my senator’s office today about my stalled N-400 and was known that my namecheck is still in process while I got a letter from FBI earlier that mentioned clearly that my namecheck was done on Nov 2007 and the results were provided to USCIS. I’m planning to file my WOM soon and didn’t put FBI as a defendants and need to know “do I have to out the Robert Mueller” also as a defendants even though I have a written proof of the finalization of namecheck. Please advice. Thanks,


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 this week.

You and my friend are in the same position? Has your Senators office been able to do anything or how did they respond to your inquiry? Did you call them? Could you please post a copy of your WOM? I'm trying to learn as much as I can about all this so I can help him......it's just not right....... Thank you for your help!

 

[jefkorn]

Little confused by this. So if I travel out of US on AP while I-485 is pending but while still abroad if my I-485 gets approved, I can't travel back to US on AP?

What will be the options?

if 485 is approved when abroad, AP is no longer valid.

 

[OK-Boy]

Try this site; it has everything you have been looking for:

http://en.wikibooks.org/wiki/FBI_name_check

I've read many postings here and have gotten some wonderful information. Thank you to everyone who has contributed. Here's my story......

My friend applied for citizenship in September of 2006. Received his receipt in the mail, was called in to be fingerprinted and hasn't heard a word from USCIS since. His receipt letter said to wait 540 days. (Which seems extremely long but he did) It is NOW past the 540 day mark. He has sent numerous letters with no response. The ironic thing is that his wife applied for hers at the same time (in the same mailing) and is already a citizen. Did his file fall under somebody's desk????

It sounds like I need to contact the FBI under FIOPA and find out the status of the Fingerprint check. Can onyone tell me how to do this. An Address or phone number or who to contact there. Or is there anything else I should be doing to help him. Infopass etc.....I was also considering helping him file a Writ of Mandamus. Anyone have any experience with this. I've printed some good info from this thread already but personal experience is very helpful.

Help please....this is so frustrating.....seems so unfair........

Thank you for any help you can give!

 

[soccergirl]

great site

Thank you so much! This is a great site!
Have you filed with CIS Ombudsman? If so did you get any response or did it help?

 

[lazycis]

Little confused by this. So if I travel out of US on AP while I-485 is pending but while still abroad if my I-485 gets approved, I can't travel back to US on AP?

What will be the options?

Nothing to worry about. IO will let you in if your I-485 is approved. It's pretty much the same as CP - you come to the US without a green card.

 

[lazycis]

Thank you so much! This is a great site!
Have you filed with CIS Ombudsman? If so did you get any response or did it help?

OK-Boy wrote to every official you can imagine, as far as I know. No results so far. The only remaining option is to sue the USCIS.

 

[OK-Boy]

Lazycis is not only a smart guy but also have a retentive memory as he remembers about everyone who is on this forum; just my two cents

OK-Boy wrote to every official you can imagine, as far as I know. No results so far. The only remaining option is to sue the USCIS.

 

[waitinfori130]

when you say file the rest of the documents online, are you referring to the
proof of service, such as scanning them in and then logging onto the CM/ECF account and sending to the DC?

If you apply a free CM/ECF account with your district court, you can file the rest of documents online afterwards.

 

[wommei]

140 Rfe

US Attonrey told me on Wednesday morning that a decision has been made on RFE for I140 for EB1A. But I haven't got any email update about my case after that. Is this a bad sign? Because from what I heard, only denied cases will be reviewed by higher level authority. US attorney told me that "it has to be cleared by proper authorities before a notice is sent out to you". She didn't know what the decision is, though.

 

[rp1234]

I swear that I saw this bulletin on DOS site:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
Now it is not there.. I see a fiasco brewing ?

Lazycis, wom_ri, others, This could very well retrogress next month again. What is this options to get a visa number reserved? Has anyone filed a motion for injunctive relief/and shorten time to get this kinda of relieft from the court? I will try and work with the AUSA but I think his hands are tied as the CIS attorneys do not budge.
What is the next event in your case wom_ri?

 

[wom_ri]

preliminary injunction

I plan for preliminary injunction like attached case(Sheila Murthy tactic)
Rule 65(a) Preliminary Injunction(FRCP)

Lazycis, wom_ri, others, This could very well retrogress next month again. What is this options to get a visa number reserved? Has anyone filed a motion for injunctive relief/and shorten time to get this kinda of relieft from the court? I will try and work with the AUSA but I think his hands are tied as the CIS attorneys do not budge.
What is the next event in your case wom_ri?

 

[GhantaBro]

Hope that Federal case that was discussed in some thread takes care of this and we don't have to worry about Name Check anymore as it is unconstituional... but who knows they will change the law for this.

 

[gc_mania]

3rd party review

Now, the USCIS is hanging people on hook on the basis of "3rd party review" , "internal review" etc. There is still big scope for WOM filings !

 

[assur]

Contrast FAQ at
http://www.uscis.gov/files/pressrelease/security_checks_42506.pdf (April2006)
However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.

with Feb 28 update on USCIS website:
Questions and Answers: Background Check Policy Update
Q3. How has USCIS changed its adjudications requirements?

A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.
It states no changes to any existing regulation or new legislation. This implies FBI namecheck is not part of any regulation or required evidence for adjudication. It also implies that normal processing time is around 180 days

Q4. What happens if USCIS later receives adverse information from an FBI name check?

A4. 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. Then why the cases were pending for years?
This also implies no changes have been made to make this possible. i.e.. DHS always had the ability to revoke GC under valid circumstances. It also implies that FBI namecheck is of limited value(note unlikely event)

Q5. Why is this policy being implemented?

A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Again, here it implies that FBI namecheck was a arbitrary requirement imposed by Authority who had no idea of it's usefulness or validity or expense and that institutors of such authority, aka Emilio Gonzalez has been subsequently disposed with.

.

 

[rp1234]

I plan for preliminary injunction like attached case(Sheila Murthy tactic)
Rule 65(a) Preliminary Injunction(FRCP)

Thanks! The Rule 65 does not specify the time required for response from opposing party and a hearing. This pleading also doesnt seem to specify that. I am confused, is this something you file with the court and the Court decides just based on its merit without any opposition etc.
What happened in this case?

 

[OK-Boy]

They keep giving me BS for the past two moths that my file is under "extended review" and I just mailed my WOM with 30 days' deadline....

Now, the USCIS is hanging people on hook on the basis of "3rd party review" , "internal review" etc. There is still big scope for WOM filings !

 

[WhereIsMyGCUSA]

Additional review?

Thank you all WOM filers.

I am a victim of the FBI name check. My I-485 has been pending for almost 30 months. (My PD became current long time ago.) After the memo came out, I called USCIS to nitiate a service request.

Today, I got two identical letters from USCIS, saying that "We have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below."

What is this additional review shit? Another black hole? Has anybody got a similar letter?

PS: I am in an unfriendly district and have not sent out my WOM.

 

[waitinfori130]

Does anyone here have an opinion on how I might use this for a I-130 wom....
The federal case/memo does not mention the I-130?

I would appreciate the consideration in this.

Hope that Federal case that was discussed in some thread takes care of this and we don't have to worry about Name Check anymore as it is unconstituional... but who knows they will change the law for this.