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

kabi24 said:
Hello everyone.
I am new to this forum as i only started going through it after i found it through google by total coincidence. Anyways here's my story:
Today 05/15/2006 i went to the western district court of washington in Tacoma and filled a Petition for hearing on naturalization under USC 1447 (b).
To make the story short i'll start with the timeline.

Seattle DO.
GreenCard 08/28/2001
I-751 approved09/30/2003
N-400 application priority date 06/01/2004
Fingerprinted on 07/16/2004
interview 01/13/2005
status: pending namecheck. :(
Filled a civil suit 05/15/2006
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You are reeeeaaaaallly patient. You gave them about a year of your life that you'll never get back. Read up this forum. Some REALLY good stuff here.

K
 
Haddy said:
Mr. President's Speech:

1) Controlling Borders: I Agree, Among all of us here (I beleive).
2) Temp Workers Program: As Long as it doesnot hurt Legal Imigrants.
3) Biometrics: This will slow down already the Process Which is at HALT
4) Should not be given Amnesty: People who will come here after these illegal immigrants... will have to wait more than what we waited for...
5) Honor Great American Tradition Embrace Success With Hard Working

I dont know how FBI/USCIS will take care of this... ???
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I didn't get a chance to see it but I Tivo-ed it. I'll watch it... right after I watch 24 :)

Why is it that Mr. President doesn't wanna take care of the mess that the USCIS already is before he dumps a few million applications in the pipeline? That's all I wanna know. And I want the truth. I can handle it.
 
RealSuperK said:
Dude, you'll be alright. Now you know that they (a) work on your case and (b) are aware of everything that is going on. Could be worse. You could have called up and he'd tell you "To be honest, I haven't even looked at your stuff yet" :)

As for the FOIPA... while having "No Record" helps out, they can always come up with some crap like "well, when we do the name check, we check 25,000 different databases. FOIPA isn't that sophisticated" However, having a clean FOIPA should help. Again, could be worse. You could have had a FBI file like I do. I just need them to open the damn thing up and see how laughable the information in there is. Investigating somebody for possible ties to the Russian mob when that person hasn't been in Russia since he was 12 years old and when he speaks Russian to people from there, they go "Holly crap, you got a HUGE American accent going".... It would be funny if it didn't cause me THAT much trouble.
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Thanks K, After reading your story I understand what can happen... I pray for your success and pray that No One gets in that kind of mess... Good Luck... and Thank You for Response... :D :D
 
yousif said:
I called the US Attorney today. The conversation went as follows:

Yousif: I am calling to introduce myself to you … etc.
USAttny: Yes, Mr. Yousif, you are asking a judge to make you a US Citizen.
Yousif: Yes Sir I am.
USAttny: And how can I help you, you understand that I cannot just pick up the phone and ask the FBI to clear your name. They have to do the name check you know.
Yousif: Yes Sir I understand, but the problem is that I have been waiting for them for two years to do their Job and I have tried everything from contacting the USCIS multiple times to working with my congressional representative and now I have no other option but to seek relief in a court of law. I want to tip the odds in my favor and maybe get the USCIS to expedite my FBI name check before the case get to trial.
USAttny: I do not think that is possible, no one can do that.
Yousif: Sir, I believe I saw a congressional testimony somewhere with respect to this subject that indicates that USCIS can actually request the FBI to expedite. Further, I believe they can finish a name check in 48 hours if they want to.
USAttny: Can you refer me to that text of the congressional testimony?
Yousif: I don’t have it handy, but I will look it up and e-mail it to you.
USAttny: Let’s do that. We still have one month before we have to respond to you right?
Yousif: Yes Sir.
USAttny: Please understand that I will be representing the government and things won’t happen overnight.
Yousif: I understand.

That’s pretty much the gist of it. Any help advice can be greatly appreciated.

Thanks,

Yousif
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yousif,
go to page 89 on this thread you will find congressional testimony by Micheal Connons Chief of national name check program and he said that FBI can finish any name check in 24-48 hours if the USCIS ask them to do so . good luck .
 
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sam1973 said:
yousif,
go to page 89 on this thread you will find congressional testimony by Micheal Connons Chief of national name check program and he said that FBI can finish any name check in 24-48 hours if the USCIS ask them to do so . good luck .
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Weeelllll, it's not exately what that document says. It says that 68% of all name checks are returned to the USCIS with "No Record" within 48 hours. Whether it's still valid for people who got flagged during the initial name check and thus need to have their file retrieved for a manual check, I'm not sure. I guess this argument might fly if you can prove that your name check was never requested in the first place.

By the way, I attached this document. Also, I attached another document that says on the page 28 that only 1% of name checks last longer than 6 months. That kinda undermines their possible "reasonable delay" argument. If delays over a year are reasonable, how come only 1% of applicants run into such delays?
 
Haddy said:
Thanks K, After reading your story I understand what can happen... I pray for your success and pray that No One gets in that kind of mess... Good Luck... and Thank You for Response... :D :D
Click to expand...

I will survive. It could be worse... I could be in charge of the USCIS trying to explain why in the freakin' world I allowed my people schedule interviews before name checks were in :)

Oh, and thanks for your prayers. I'd say that I pray for your success too, but judging by the frequency of my trips to church, I'd be better off telling you "Good Luck" :)

K
 
A Call To Us Att

Hi guys ,
today i called the US ATT office and i asked about the attorney who have my case and i left a massege and when i came back from work i found a massege from the a lady who said that she is the one who's handling my case and that she request a copy of my file from D.H.S and she didn't get it yet and when she get it she will contact me via mail or phone and since she has until 07/03/2006 (dead line ) so she thinks that her formal respond will be close to that day due to ( heavy work load ) as she said . so we will see what is going to happend . wish me luck and good luck to all of you .
N-400 field : 11/15/2004
FP : 04/28/2005
Interview :09/13/2005
Name check still pending
1447 (b) field : 04/27/2006
Served :04/28/2006
 
sam1973 said:
yousif,
go to page 89 on this thread you will find congressional testimony by Micheal Connons Chief of national name check program and he said that FBI can finish any name check in 24-48 hours if the USCIS ask them to do so . good luck .
Click to expand...
I have been trying to do a search online on Michael A, Cannon. i cannot find his name anywhere. nevertheless, the name check supposed timeline of up to 72Hrs stands in a congressional testimony by David M. Hardy here's the link
http://www.fbi.gov/congress/congress03/hardy102303.htm
 
Name Check initiated prior to filing

I've posted this under the name check thread. But it looks like not very many people visit that thread any more. Please help me find the answer to my queries as I am preparing myself to file lawsuit but I'm afraid why USCIS will send the name check prior to filing. P.S. I've not done anything wrong and never broke any law. I've travelled overseas on company trips before and after the filing but never had any problem getting in or out of US.

--------------------------------------------------------------------------------

I have a very unique situation. I have filed for my citizenship on Jun 3, 04 after having the green card for five years (GC obtained through employment in June 1999). I am still waiting for my name check to clear. However, I found out that my name check was initiated by USCIS on Jan. 12, 2003. I have not filed for any USCIS benefits in 2003. Does any body else has seen this before?

I found out about my name check initiation date through FBI email reply. I sent an email to FBI inquiring the status of my name check back in Dec. 30, 05 and their reply came back on June 11, 06 saying the name check was sent to FBI on Jan. 12, 2003 and again on June 17, 04 and is still pending. At the time when I received the email, I thought it was a mistake and did not pay attention to it. Recently, I wrote to my senator and they replied back with the exact same answer that the name check was first sent to FBI on Jan. 12, 03 and again on June 17, 04. Does anyone has any answer that why would USCIS send the name check request on Jan. 12, 2003?
 
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ZUR said:
Does anyone has any answer that why would USCIS send the name check request on Jan. 12, 2003?
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They probably were just getting to your name after 09/11 since they probably were double checking everybody... I wouldn't worry about it. looks like i applied for N-400 about 2 days before you on 06/01/2004. I went ahead with the civil case, because they just don't care unless their arm is twisted... ;)
 
kabi24 said:
They probably were just getting to your name after 09/11 since they probably were double checking everybody... I wouldn't worry about it. looks like i applied for N-400 about 2 days before you on 06/01/2004. I went ahead with the civil case, because they just don't care unless their arm is twisted... ;)
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Kabi24,

Thanks for the reply. If they wanted to check after 9/11 then why in the world they would wait for two years to do it.

I also noticed your time line is almost the same as mine. My DO is Seattle as well, fingerprinted on the same date as you did and was interviewed the same day as yours.
 
bashar82 said:
They'll throw a document from the file into the shredder and say that it was never submitted. I really beleive that's what they did to me.
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Hi bashar82 Congratulations for becoming USC after a long efforts. I'm also stuck in name check blackhole.I took infopass on May 8 IO told me they sent me a letter which i never received. IO told me wait 30 days .I think they using this tactis to deny petition in case you sue them. I look at the pacer your's is the only case in easteren VA. I'll be the next my 120 days completes on Aug 19 if they did not approve my petition by that time I am suing them . I need your guidance.Thnks
Good luck
 
jattindc1 said:
Hi bashar82 Congratulations for becoming USC after a long efforts. I'm also stuck in name check blackhole.I took infopass on May 8 IO told me they sent me a letter which i never received. IO told me wait 30 days .I think they using this tactis to deny petition in case you sue them. I look at the pacer your's is the only case in easteren VA. I'll be the next my 120 days completes on Aug 19 if they did not approve my petition by that time I am suing them . I need your guidance.Thnks
Good luck
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In Virginia, since it's part of the 4th circuit, USCIS retains jurisdiction to deny cases based on Kia v. INS. This precedent can be overturned, but it will be expensive and take time.

I don't in any way discourage you from filing when your 120-day period comes to an end. Two other people filed at the same time as me in Eastern Virginia. One was naturalized in early-March, the other in late-April, and me in early-May.

I don't think they will try the same tactic. The Asst. US Attorney said that my case had generated a lot of attention within DHS and that's why they wanted to get my application over with. The Washington DO would be stupid to try something like this unless they have strong evidence against a person eligibility for citizenship.

I would suggest you send a certified letter to the DO explaining that you never received any letter from USCIS and that you request that they send it a second time. Wait 30 days and if you don't receive anything, contact Senator Allen's office in Herndon (he is the only Congressman who helped with my case, the others didn't even respond) and explain to them that you never received a letter from immigration even after you requested by certified mail for it to be sent a second time and that you fear that this may have negative impact on your case. Do not mention the namecheck issue as his office may not want to intervene.
 
superk,

very nice and powerful reply. after you are done,
would you be willing to post your final version in
a formal format?

i bet you will prevail in a very near future.

rob

RealSuperK said:
I have prepared the first draft of my response to AUSA's answer to my complaint. I attached the answer to my complaint in the PDF format and my answer is in the Word document. Of course I'll need to change the formating a bit, but that's a matter of looks.

When you get a minute, check it out and see if I left a some strong argument or maybe I got a loophole or two in arguments I used.
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FBI name check

Hi everyone,‎

I’ve been watching this thread for a while now and decided to finally write. To give you ‎some background, this is a story which was done about my case in the local media. I owe ‎a lot to many people on this forum both for the wealth of excellent legal material as well ‎as the encouragement. The value of camaraderie can never be underestimated. Anyway, ‎here is the story in both text and video:‎

http://cbs4denver.com/topstories/local_story_118094508.html

Now on to my question:‎

I’ve done extensive research over the past year, and wonder how many (if at all) of those ‎of you who had their application stuck in name check received a visit from the FBI. My ‎offline research seemed to establish a pattern, as the rate of those interviewed by the FBI ‎seemed to be directly related to the USCIS delays (or the other way around). I wonder if ‎this is unique only to Denver or if there is a national pattern? Any information would be ‎appreciated.‎

Thanks.‎
 
RealSuperK said:
I have prepared the first draft of my response to AUSA's answer to my complaint. I attached the answer to my complaint in the PDF format and my answer is in the Word document. Of course I'll need to change the formating a bit, but that's a matter of looks.

When you get a minute, check it out and see if I left a some strong argument or maybe I got a loophole or two in arguments I used.
Click to expand...

Just my couple cents:

You are suing NOT for asking the judge to make you a citizen, but asking the judge to order USCIS to do their job. USDA is going to say, look, in order to grant citizenship, we have to check about eligibility, and "national security" blah, blah, blah...

This is not about eligibility of citizenship, this is about "an unreasonable delay of the process, which would compromise national security." I think you should make clear about that.
 
rob waiter said:
superk,

very nice and powerful reply. after you are done,
would you be willing to post your final version in
a formal format?

i bet you will prevail in a very near future.

rob
Click to expand...

I definitely will. After all, the majority of my information I got from here. It's only fair I give something back :)

I'll keep you posted. It will be filed in the next a couple of days.

K
 
andrew2006 said:
Just my couple cents:

You are suing NOT for asking the judge to make you a citizen, but asking the judge to order USCIS to do their job. USDA is going to say, look, in order to grant citizenship, we have to check about eligibility, and "national security" blah, blah, blah...

This is not about eligibility of citizenship, this is about "an unreasonable delay of the process, which would compromise national security." I think you should make clear about that.
Click to expand...

Good point. That's why I added the following paragraph last night

In no way does the Plaintiff take the national security of the United States of America and the safety of American people lightly by filing this complaint. However, by the admission of the DHS Office of Inspector General, the USCIS does have problems with a fraction of security, name and background checks and those problems arise from the inefficiencies within the system rather than national security threats. On the page 24 of the document entitled “A Review of U.S. Citizenship and Immigration Services Alien Security Checks” (Exhibit X), the authors of the report state the following : “USCIS has established structure for handling cases with security check hits and addressing national security, public safety and fraud concerns. However, for a fraction of cases, slow, inconclusive or legally inapplicable security check result can cause application processing to stall for months or even years. These delays can interfere with USCIS’ concluding national security and public safety hits with timely denials or referrals to law enforcement. In addition, stalled cases decrease operational efficiency by decreasing productivity and contributing to hundreds of lawsuits against USCIS”
 
zuhairmahd said:
Hi everyone,‎
I’ve done extensive research over the past year, and wonder how many (if at all) of those ‎of you who had their application stuck in name check received a visit from the FBI. My ‎offline research seemed to establish a pattern, as the rate of those interviewed by the FBI ‎seemed to be directly related to the USCIS delays (or the other way around). I wonder if ‎this is unique only to Denver or if there is a national pattern? Any information would be ‎appreciated.‎
‎
Click to expand...

I'm 99.9% certain that my name check hell is directly related to the interview at the local FBI office I had to go to 6 years ago.

I'm in St. Louis, MO.
 
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