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


It seem like a 2nd interview is required when there are pending issues in the application.
It definetely can't be my fingerprints, since they were cleared as of yesterday.

This whole thing is killing me man...

I wonder if I should call the AUSA and argue the purpose of the 2nd interview. what do you guys think?

regards
 
2nd Fingerprint

I should had 2nd fingerprint what you all guys think? Its been more then 15 months since I have had initial fingerprint. What should I do? Maybe after lawsuit they will send me fingerprint notice again.
 
TheRock20148 said:
I should had 2nd fingerprint what you all guys think? Its been more then 15 months since I have had initial fingerprint. What should I do? Maybe after lawsuit they will send me fingerprint notice again.
they'll probably send you a notice to retake your fingerprints.
that's what happened to me
 
Haddy said:
Does anyone here know, how to find out that when USCIS requested name checks to FBI and if FBI responded back on a name check request or not...

I think there is some one in FBI you write for such detail... I know for sure that it is different from FOIPA request...

Does any one know how to find out if a name check was requested to FBI and if there was a response back from FBI to USCIS???

Haddy,
You need to contact your senator or congressman, they will contact the FBI and get the date your name check was received by the FBI and the status of it.
 
Haddy said:
Does anyone here know, how to find out that when USCIS requested name checks to FBI and if FBI responded back on a name check request or not...

I think there is some one in FBI you write for such detail... I know for sure that it is different from FOIPA request...

Does any one know how to find out if a name check was requested to FBI and if there was a response back from FBI to USCIS???


I believe soon after you apply... I would say about 10-15 days after you apply. In my N-400 case it was about two after my priority date that they requested. I saw similar timings in other posts here....

Best Regards
 
nalexeeva said:
My N-400 petition was filed in Charlotte, NC and I have been waiting for over one year now. My interview has been scheduled and then de-scheduled by the Charlotte USCIS office. I went to an InfoPass appointment with them and I was told that the delay is caused by the FBI namecheck. I would like to sue the USCIS to get my citizenship -- here is the issue: is it true that you can file a lawsuit only after you have had the citizenship interview? I never had mine -- can I still file?

Thank you

Natasha

May WOM... but in the mean time write to few officials and definitely to White House (read my post in early June 06 about this)... this may help you. Expect some sort of reply in 3-4 months... if that does help then good otherwise you have some evidence for WOM.

Best Regards
 
RealSuperK said:
Sfaizullah,

I wonder if it's standard blah blah blah that they put to cover their butts just in case. I think if they were ready to contest all that in court, they wouldn't have asked an extension. I also don't think they need an extension to preapre for a fight for jurisdiction. It's not like it's that complicated....

Sooo, I wouldn't be worried too much about it.

K


Thanks RealSuperK! I will wait patiently for this to be over. Over the weekend, I will just read about call management and other initial steps needed if it goes to court (unlikely but I will prepare for it a bit more).

Best Regards
 
I understand how you feel because I can hardly think of anything else. I have written letters to the Officer who interviewed me, to the Chief of the Naturalization Unit, to the Office of the General Counsel, Ombudsman, etc and no one has written back...

I'm not sure now if I should go ahead and file the 1447 (b) petition because apparently the US District Courts are simply remanding the cases back to USCIS and I fear there will be some sort of "retaliation" for filing the lawsuit...




gzmbk1 said:
It seem like a 2nd interview is required when there are pending issues in the application.
It definetely can't be my fingerprints, since they were cleared as of yesterday.

This whole thing is killing me man...

I wonder if I should call the AUSA and argue the purpose of the 2nd interview. what do you guys think?

regards
 
Finding out NC status before the interview

My wife and I will have her AOS interview in August, and we beleive that we will face all well-familiar-same "Name Check Pending" BS again, this time for her AOS.

We would like to try to find out about her name check status in advance, before the interview.

From some earlier posts on this forum, I remember that it's been quite a while since FBI stopped responding to such requests, however I'm not sure if this is exactly true for now; in addition I heard that in some rare cases people somehow were able to find out their NC status.

I'm also wandering whether anybody actually tried making Infopass appointment specifically to ask about NC status (or simply asked while on appointment for a different reason).

Please share your experiences who tried this, one way or another.

In our case, there is an additional twist: USCIS misspelled my wife last name on I-485 NOA (as well as on all subsequent NOAs) and isn't able (or doesn't want) to correct their error for a month now.

Thanks.

**************************************************
Interview:April 2005; 1447b:February 2006; Naturalized: May 2006
 
Cheer up guys

Einmalig said:
I understand how you feel because I can hardly think of anything else. I have written letters to the Officer who interviewed me, to the Chief of the Naturalization Unit, to the Office of the General Counsel, Ombudsman, etc and no one has written back...

I'm not sure now if I should go ahead and file the 1447 (b) petition because apparently the US District Courts are simply remanding the cases back to USCIS and I fear there will be some sort of "retaliation" for filing the lawsuit...

O.k the mood is dull today on the forum, I don't think there is a need for concern, the USCIS memo says that the courts are remanding the cases back to them, but this is not happening in reality and if you have a doubt read all the success stories on this forum (even after that memo is issued)
some one said that USCIS struck a deal with the court to remand the cases to them. if you believe in the judicial system in this country you would know that the court will not have a deal with goverment or with anyone for that matter, the job of the court is to make sure justice is served.
So, cheer up and continue the fight
 
I am going to file a WOM for AOS. I have a couple of questions to ask you guys.

1. Can both my wife and I serve as plantiff?

2. Is it possible to sue FBI only, not USCIS? Just want to get the names cleared, then deal with USCIS. I changed employer and did not file AC-21.

Thanks a lot.

Hope
 
Mr. LA , Kenny , and Sfaizullah,

Thank you for responding to my question... In my case until now I have found out thru AUSA's motion to dismiss and the Luis Borges's declaration that they requested my name name some where around in August 2004 and April 19 2006... I wanted to know if there is some kind of FBI person or department where you can write about the confirmation that yes they did receive the enquiry from USCIS on or around these dates... secondly if they replied back to USCIS on this enquiries... regardless of what their response was... i am not so worried about their response as i know i have clean background... I saw this long time ago on this forum:

e-mail from FBI that states that your name check had been forwarded to USCIS in December 2004:

Dear Mr. XX,

I am responding to your letter dated November 22, 2004, requesting status for an FBI Name Check.

A review of the FBI's Name Check Program database concerning XX revealed a request was received from the United States Citizenship and Immigration Services (USCIS) on December 6, 2002 and completed on December 7, 2004. The results were forwarded to USCIS.


Sincerely yours,

David M. Hardy, Chief,
National Name Check Program Section
Records Management Divisi


I dont remember who put this up on the forum... and I did not find any kind of letter requsting which responded to such respose from fbi...

anyone who knows anything about it...

PLEASE HELP...
 
Haddy said:
Mr. LA , Kenny , and Sfaizullah,

Thank you for responding to my question... In my case until now I have found out thru AUSA's motion to dismiss and the Luis Borges's declaration that they requested my name name some where around in August 2004 and April 19 2006... I wanted to know if there is some kind of FBI person or department where you can write about the confirmation that yes they did receive the enquiry from USCIS on or around these dates... secondly if they replied back to USCIS on this enquiries... regardless of what their response was... i am not so worried about their response as i know i have clean background... I saw this long time ago on this forum:

e-mail from FBI that states that your name check had been forwarded to USCIS in December 2004:

Dear Mr. XX,

I am responding to your letter dated November 22, 2004, requesting status for an FBI Name Check.

A review of the FBI's Name Check Program database concerning XX revealed a request was received from the United States Citizenship and Immigration Services (USCIS) on December 6, 2002 and completed on December 7, 2004. The results were forwarded to USCIS.


Sincerely yours,

David M. Hardy, Chief,
National Name Check Program Section
Records Management Divisi


I dont remember who put this up on the forum... and I did not find any kind of letter requsting which responded to such respose from fbi...

anyone who knows anything about it...

PLEASE HELP...

Haddy,

I will try to answer your question up to the best i can.

Yes, the FBI use to respond to emails, faxes, letters regarding the status of the person name check, when it was recived and if the response was foroward to the CIS.

But not any more, they stopped any response due to the nemerous phone calls and emails and faxes and letters. as i understood, they are very frustrated about these inquiries. Remember that, at one point time there was 3.5 million case stalled for this P.S name check.

i called the name check unit in Washington last month to aquire the dates about my case, the women who answered me almost screamed at me in the phone, even though i was very very friendly, and she said we don't give a status any more to anybody.

If you looked at the date of the example you posted, it's from 2004, which means two years ago. but now they don't respond to the status inquiries, even the custumer miss-information number people and INFOPASS offecires don't tell you when the CIS acquired your name check. they only can tell you if it's cleared or not, and i tried with them myself several time.

last time i went to the infopass office, i asked the lady to request an expedite process for my name check since i been waiting more than two years now, and she said NOOOOOOOO, like i was asking her to lend me $1000 :mad: . furthermore, she told me the FBI told them don't request an expedite name check for anybody. when i asked her to speak to the supervisor, she told me: not for this issue, i'm sorry

the only way for you to know, is through congressman, or your senator if you write to them and ask them for this specific information from the FBI directlly.

Hope this will help.

Regards,

Moody
 
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hope_Nov said:
I am going to file a WOM for AOS. I have a couple of questions to ask you guys.

1. Can both my wife and I serve as plantiff?

2. Is it possible to sue FBI only, not USCIS? Just want to get the names cleared, then deal with USCIS. I changed employer and did not file AC-21.

Thanks a lot.

Hope

Hello Mr Hope

1- I think you can, look at the lawsuit below.
2-I think your business is with USCIS not with FBI, when you apply for your citizenship, you apply through USCIS not FBI. And USCIS uses FBI for namecheck, I think you should sue the USCIS, and that is what I did.

According to AILF…


I wish you and your wife the best :)
 
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Hi milashka,

I attatched the motion to remand file in this thread in case other people besides you are interested in it. If you read this motion, you will find that in the worst scenario, the court can always decide the case at the end of deadline.

Good luck to us!


milashka said:
Hi everyone,
I have an update. Today the Assistant of US Attorney called me. She asked me to "remand the case back to USCIS for 45 days". She didnt tell me that USCIS is ready to grand my application only that USCIS will adjudicate my application within 45 days and let me know about the result. She was nice and friendly but didnt give me any guarantee regarding my case. I ask her about 30 days not 45. She will call me tommorow and let me know if it is O.K. with the INS.
Now I am thinking, what is better for me: ask her for dissmisal of the case or go forward with the "remand motion"??? I dont want to give the INS a chance to screw me up. :confused:
Guys, please give me your ideas what should I do? HELP!!!
 
sam1973 said:
5- and based on the law SEC 319 (a) that give me the right to apply for citizenship after 3 years from the date that i got my GC if i am still married to the same US spouse so i must be still married to the same US spouse when i applied for the citizenship which is i am still married to the same wife .

This is true, you have a right to apply for naturalization under these circumstances.

6- even with that as the law said i am in title to the citizenship as long as i was still married to the same spouse at the time when i applied .

Though, you have a right to apply for citizenship if you are still married to the same spouse, I disagree with the entitlement part. It doesn't mean that you automatically entitled to get the citizenship. There is still this nightmare with the background check. Anyway, I wouldn't emphasize the entitlement in court.

can they use the same pullshit that they use saying he came to the 2nd interview so he waived his rights of not waiting for the court to decide on the case ???? i mean since i went to the 2nd interview that i did waive my rights and give back the contol to CIS ??? i don't think so because as i said i was trying to show them and the court that i am willing to work with them to slove the matter .

I don't believe that the court has lost the jurisdiction over your case just because you went for the 2d interview. There is no court rule that allows for that to happen. You did everything right. You tried to resolve the matter outside the court and cooperated with USCIS. It id not going to hurt you.

Good luck my friend. Remember, we are there for you.
 
nalexeeva said:
My N-400 petition was filed in Charlotte, NC and I have been waiting for over one year now. My interview has been scheduled and then de-scheduled by the Charlotte USCIS office. I went to an InfoPass appointment with them and I was told that the delay is caused by the FBI namecheck. I would like to sue the USCIS to get my citizenship -- here is the issue: is it true that you can file a lawsuit only after you have had the citizenship interview? I never had mine -- can I still file?

Thank you

Natasha
You can file a Writ of Mandamus, not the 1447(b) petition. However, you should know that you need to prepare really well for the WOM. You need to prove that you exhausted all other avenues for resolving the issue. You need to gather enough evidence supporting your situation (e.g., status letters from USCIS, requestes to your congressment & senators, etc.).
 
Mette said:
Does anybody here have any experience with WOM in Boston? I filed my WOM case on June 5, 2006, 60 days period ends on September 3, 2006.

________
I-485 RD April 2003
How did you count the end of the 60-day period?
It looks like it should be August 3.
 
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