Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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- Start date
Hi all,
I recently renewed my GC in February 2006 (because I had an old version of the card and it was expiring in 2008) and the whole process took about 4 weeks, in essence it was done in an appropriate timeline (i.e. no delays). Now my GC is valid until 2016.
I am applying for citizenship tomorrow and I was wondering whether the fact that I renewed my GC in due time implies that there is no issue with my name whatsoever and that I should not expect any sort of delay with the name check process during the N-400.
Please advise!
Thank you all.
I recently renewed my GC in February 2006 (because I had an old version of the card and it was expiring in 2008) and the whole process took about 4 weeks, in essence it was done in an appropriate timeline (i.e. no delays). Now my GC is valid until 2016.
I am applying for citizenship tomorrow and I was wondering whether the fact that I renewed my GC in due time implies that there is no issue with my name whatsoever and that I should not expect any sort of delay with the name check process during the N-400.
Please advise!
Thank you all.
wistar said:
Hello Wistar and all,
There is NO such a dump question, every question is good, we learn from every question and common. Here in California we use CV-009 template, i hope this is help......
I wish you the best and everyone here,
Last edited by a moderator:
cajack said:
Hello Jack,
The U.S Attorney did answer the court last Tuesday Aug 22, so now the Judge's Clerk will send me notice to scheduled the initial Case management conference “Between the Judge+ U.S Attorney+ me” and that will happen within 60days, so wish me the best
eo23 said:
I renewed my H1-B visa few months before applying for adjustment of status, H1-B requires FBI name check and that went very quickly and smoothly, but it took a year and half and a lawsuite to clear FBI name check for my Green Card. and there are no issues with my name either way. it seems like it is hit and miss and hope that when I apply for Citizinship things will go smooth, but don't know
Questions about 1447(b)
Hi All,
Before I provide my details/experience and post some of the questions that I have in regards with Oath ceremony date and FBI Name check/security clearance problem, I‘d just like to thank all the people on this forum for sharing their experiences and providing assistance to others. I just found out about this forum today and since have been reading posts related to name check/security clearance problem and hence not getting an oath appointment to complete the USC process.
Alright so here is my case (or more like a problem): I think I m one of those UNLUCKY 1% who is stuck in the FBI name check clearance problem but first let me provide the date details below:
Disclaimer: I am not home so I don’t have some of the exact dates, so I will just have to provide an approximate timeline.
Where N400 Filed? USCIS California Service Center in Dec 2005
Field Office: Phoenix, AZ
N400 priority Date: I am pretty sure it was either 12/23/05 or 12/25/05. But for sure I know it was between 12/20/05 to 12/31/05.
FP/biometric: I am almost positive that this was about a month later sometime in Jan 2006 but cant be sure. Regardless, I went to the USCIS office in Phoenix on the appointment date and the whole appointment went smoothly, w/o any problem/issues as far as I could tell.
Interview Appointment (probably one of the most imp dates): 05/12/06
Ok so here is how the interview appointment go: Actually the counselor was really helpful, soft-spoken, and someone who really impressed me the way she conducted the whole interview process and explained me everything she thought I needed to know, mostly like what to expect in this interview and after. Anyway, after reviewing the N400 form, she gave me a sheet with 10 questions on it and told me to start reading and answering them just verbally. Since I passed my first seven, she told me to stop right there and then she had me write a very small sentence at the bottom of the same sheet. It was really simple and she told me that the questioning part is over and just sit back and relax while she looks at some other papers in my file.
So, here is the highlight: She informs me that up until that day, meaning as of 05/12/06, they were still WAITING for my name check clearance. They HAD NOT received it. So, I asked her, IN YOUR OPINION or best guess, when you think you will get it? She kind of took a moment and replied: “To be honest, I have seen it getting the next day or in some cases it has taken as long as a year or more”. And right there, I thought to myself, WHY ME? lol
Oath Ceremony Appointment: STILL WAITING AS OF TODAY - 08/30/06. As someone on this forum has in his/her avatar, “that’s the million Dollar question”
Having said all of the above brings me to a couple of questions about filing 1447(b):
1) Is this motion really worth filing? I mean does it help or what is the success rate or do the court just toss it out since there are probably just too many now a days If someone can share this info/experience/ or even provide any details/advice to me then that ‘d be great and if the person is from Phoenix AZ area, even better. As for supporting the 1447(b) motion: is anticipation of traveling overseas in the next couple of months due to family reasons a legitimate one. I really am anticipating a trip in next couple of months.
2) Can someone please recommend an immigration lawyer/firm in the Phoenix area that is really familiar with the whole process and have gone thru them personally for legal immigration advice.
3) As far as cost is concerned, what am I looking at? Just approximation.
Oh…here is something for the kicks: We had two N400 applications from the same household, one for me and another for a younger brother of mine.
Guess what? He has already taken his Oath as of June 2006 and even has his passport now.
Any other insights/advice/recommendations are more than welcome. Thanks for all your help and time. Appreciate it.
Hi All,
Before I provide my details/experience and post some of the questions that I have in regards with Oath ceremony date and FBI Name check/security clearance problem, I‘d just like to thank all the people on this forum for sharing their experiences and providing assistance to others. I just found out about this forum today and since have been reading posts related to name check/security clearance problem and hence not getting an oath appointment to complete the USC process.
Alright so here is my case (or more like a problem): I think I m one of those UNLUCKY 1% who is stuck in the FBI name check clearance problem but first let me provide the date details below:
Disclaimer: I am not home so I don’t have some of the exact dates, so I will just have to provide an approximate timeline.
Where N400 Filed? USCIS California Service Center in Dec 2005
Field Office: Phoenix, AZ
N400 priority Date: I am pretty sure it was either 12/23/05 or 12/25/05. But for sure I know it was between 12/20/05 to 12/31/05.
FP/biometric: I am almost positive that this was about a month later sometime in Jan 2006 but cant be sure. Regardless, I went to the USCIS office in Phoenix on the appointment date and the whole appointment went smoothly, w/o any problem/issues as far as I could tell.
Interview Appointment (probably one of the most imp dates): 05/12/06
Ok so here is how the interview appointment go: Actually the counselor was really helpful, soft-spoken, and someone who really impressed me the way she conducted the whole interview process and explained me everything she thought I needed to know, mostly like what to expect in this interview and after. Anyway, after reviewing the N400 form, she gave me a sheet with 10 questions on it and told me to start reading and answering them just verbally. Since I passed my first seven, she told me to stop right there and then she had me write a very small sentence at the bottom of the same sheet. It was really simple and she told me that the questioning part is over and just sit back and relax while she looks at some other papers in my file.
So, here is the highlight: She informs me that up until that day, meaning as of 05/12/06, they were still WAITING for my name check clearance. They HAD NOT received it. So, I asked her, IN YOUR OPINION or best guess, when you think you will get it? She kind of took a moment and replied: “To be honest, I have seen it getting the next day or in some cases it has taken as long as a year or more”. And right there, I thought to myself, WHY ME? lol
Oath Ceremony Appointment: STILL WAITING AS OF TODAY - 08/30/06. As someone on this forum has in his/her avatar, “that’s the million Dollar question”
Having said all of the above brings me to a couple of questions about filing 1447(b):
1) Is this motion really worth filing? I mean does it help or what is the success rate or do the court just toss it out since there are probably just too many now a days If someone can share this info/experience/ or even provide any details/advice to me then that ‘d be great and if the person is from Phoenix AZ area, even better. As for supporting the 1447(b) motion: is anticipation of traveling overseas in the next couple of months due to family reasons a legitimate one. I really am anticipating a trip in next couple of months.
2) Can someone please recommend an immigration lawyer/firm in the Phoenix area that is really familiar with the whole process and have gone thru them personally for legal immigration advice.
3) As far as cost is concerned, what am I looking at? Just approximation.
Oh…here is something for the kicks: We had two N400 applications from the same household, one for me and another for a younger brother of mine.
Guess what? He has already taken his Oath as of June 2006 and even has his passport now.
Any other insights/advice/recommendations are more than welcome. Thanks for all your help and time. Appreciate it.
Mr LA:
Best wish to you.
Jack
Best wish to you.
Jack
Mr LA said:Hello Jack,
The U.S Attorney did answer the court last Tuesday Aug 22, so now the Judge's Clerk will send me notice to scheduled the initial Case management conference “Between the Judge+ U.S Attorney+ me” and that will happen within 60days, so wish me the best
The 1447(b) lawsuit is definitely worth filling, what can you loose? Don't hire a lawyer, it is very simple and many of us have done it by ourselfes. It took me 1 day to prepare all the paperwork. Check out this website, download the template and just "fix" it to be suitable for your case. It only costs $350 + mailing costs.
http://en.wikibooks.org/wiki/FBI_name_check
http://en.wikibooks.org/wiki/FBI_name_check
pkewl said:
Screaming_Eagle
Registered Users (C)
la_xyz said:
Agent xyz,
Do not drop your case no matter what. INS can and will give you an interview while the case is pending. As long as there is no hearing date, INS is still in charge based on extension to file an answer. I already have my appointment set for October, and was able to get the Jude to order INS to finish my application no later than the current extension they have requested. If you have any question, I will be glad to answer you (if I have the answer). You can always email me directly at energizer2000@knology.net
pkewl said:
Hello pkewl,
Fisrt, welcome to the family, my advice to you is study, and learn the law and your rights, start from here, don’t wait for them to call you with a nice gift call it Oath latter, if you feel that they will send it soon, well good luck ….
I wish you, my self and everyone here the best
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Thanks for your replies/suggestions
I just wanted to say thanks to stoyan79 and Mr LA for the welcome note, providing the links and insights about this whole process.
As far as the 1447(b) filing is concerned, there is NO doubt in my mind about not doing it. I am fully prepared, well so far psychologically, and now I need to start doing all the reading, homework per se and get myself as familiar as I can with this whole issue before 09/12/06. Ofcourse, now the only thing that will prevent my 1447(b) filing is getting an oath letter before 09/12/06 but I m not holding my breath. Lol
Thanks again.
I just wanted to say thanks to stoyan79 and Mr LA for the welcome note, providing the links and insights about this whole process.
As far as the 1447(b) filing is concerned, there is NO doubt in my mind about not doing it. I am fully prepared, well so far psychologically, and now I need to start doing all the reading, homework per se and get myself as familiar as I can with this whole issue before 09/12/06. Ofcourse, now the only thing that will prevent my 1447(b) filing is getting an oath letter before 09/12/06 but I m not holding my breath. Lol
Thanks again.
boston_case
Registered Users (C)
Congratulations
You did it !!!
My gut feeling is, your name check was cleared before you filed the lawsuit, but USCIS was sitting on it. After you filed, they were forced to move their bu!! and approve your case.
Great job......
syt said:
You did it !!!
My gut feeling is, your name check was cleared before you filed the lawsuit, but USCIS was sitting on it. After you filed, they were forced to move their bu!! and approve your case.
Great job......
Options if not called for interview yet
My N-400 is pending since June 2005. My FP cleared but name check pending. I am not called for interview yet. I know 1445 is not my option only option is Writ of Mandamus. Does any one know about any success story about WOM based on N-400 where interview was not conducted.
Any information about this is highly appreciated.
Thanks
My N-400 is pending since June 2005. My FP cleared but name check pending. I am not called for interview yet. I know 1445 is not my option only option is Writ of Mandamus. Does any one know about any success story about WOM based on N-400 where interview was not conducted.
Any information about this is highly appreciated.
Thanks