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

skyhigh7 said:
Hi, Everyone:

If anyone sent intention to sue to USCIS before you actually file, please share your experience. I am thinking of this, but not sure if this is useful, or just wait till clock expires. Mine is N400 application, 120 days expire on Oct 9th.

Thanks
Skyhigh

For Writ of Mandamus, based on the posts I read, it's good to show that you tried to resolve the case peacefully before filing a law suit (mailing USCIS, FBI, Congressman etc). For 1447(b), you don't need to show any of the above (it doesn't hirt if you did. But, you don't need to). Because for 1447(b), USCIS clearly says that if they don't resolve the case by 120 days post-interview, you can take your matter to a district court.
If you have time, read some of the early posts, they're very helpful.
 
Thanks, LAmorocco.

LAmorocco said:
For Writ of Mandamus, based on the posts I read, it's good to show that you tried to resolve the case peacefully before filing a law suit (mailing USCIS, FBI, Congressman etc). For 1447(b), you don't need to show any of the above (it doesn't hirt if you did. But, you don't need to). Because for 1447(b), USCIS clearly says that if they don't resolve the case by 120 days post-interview, you can take your matter to a district court.
If you have time, read some of the early posts, they're very helpful.
 
Does anyone know what IBIS POS mean in USCIS terminology?

Hi this is very important. Does anyone know what IBIS POS mean in USCIS terminology? IBIS is the system they check your names on. Does anyone know what IBIS POS mean or any other possible IBIS result terminologies?
 
Does anyone know the possible terminologies that USCIS uses for IBIS results?

Does anyone know the possible terminologies that USCIS uses for IBIS results?

What does IBIS OK mean?

What does IBIS POS mean?

Are there any other USCIS terminologies for USCIS IBIS check results?

Does anyone know the answers to these questions please?
 
Remand

Does any one know how USCIS needs to respond for naturalization cases where the judge simply remands the case back to USCIS without specific instructions for adjudicating the application within time limits? Does this mean you are back in the blackhole of the name check mess?
 
N-400

memme said:
Hi ApplyInDenver,

This may apply to me as well as I got married to USC on March 2004. Can we apply for citizenship after 3 years of marriage? Can you plase point me to a website where I could dig more details around this rule?

Download the N-400 form and instructions from www.uscis.gov. This is the form for naturalization application and the instruction has the rules for the residential requirement. As I remember, if you get GC through marriage, you only need to wait for 3 years before you can apply, and you can file 3 month before your 3 year anniversay.

Good luck.
 
needsolution said:
Hi this is very important. Does anyone know what IBIS POS mean in USCIS terminology? IBIS is the system they check your names on. Does anyone know what IBIS POS mean or any other possible IBIS result terminologies?

I beleive IBIS POS could mean=IBIS positive. This could mean there was a record in th IBIS database. You may want to request your FBI FP background results. If they show no record, that would help in case there is a record in the IBIS.
 
motion to transfer

Haddy said:
Does any one know how to transfer an Adjustment of Application to a different state if you move?

I have recently moved to Texas and planning to transfer my case to Texas.

Has any one here in this thread filed Writ of Mandamus in Texas, what were the out comes?

Any one who would like to share will be appreciated.

Thank you,

You may file a motion to transfer the case to texas to the court. It's up to the court to allow/deny it. it's in 28 U.S.C $ 1404. But I heard some part of Texas is not friendly, depending on where you are moving to.

Good Luck.
 
skyhigh7 said:
Hi, Everyone:

If anyone sent intention to sue to USCIS before you actually file, please share your experience. I am thinking of this, but not sure if this is useful, or just wait till clock expires. Mine is N400 application, 120 days expire on Oct 9th.

Thanks
Skyhigh

I think "Intent to sue" is a waste of time. Just skip it.
 
I did send "intention to sue" and "draft of complaint" to all defendants. I gave them 30 days. Although my name check is not cleared after that, my lawsuit is dismissed in 30 days. If you are waiting for 120 days to file 1447b complaint and you are confident that your background is clear, why not make a try. You don't lose anything but postage about 50 dollars.

skyhigh7 said:
Hi, Everyone:

If anyone sent intention to sue to USCIS before you actually file, please share your experience. I am thinking of this, but not sure if this is useful, or just wait till clock expires. Mine is N400 application, 120 days expire on Oct 9th.

Thanks
Skyhigh
 
Does anyone know about IBIS "SIR" cases, what "SIR" stands for?

Does anyone know about IBIS "SIR" cases, what "SIR" stands for? --------------------------------------------------------------------------------

Question 1: Does anyone know what "SIR" stands for?
and
Question 2: How does a naturalization application gets classified as a "SIR"?

http://judiciary.house.gov/media/pdfs/maxwell072706.pdf

On page 51, it talks about IBIS "SIR" Cases:

B. Instructions Regarding Pending IBIS “SIR” Cases Until further notice, no USCIS office is to perform resolution on any pending “SIR” Remember the “SIR”process terminated with the November 29, 2004 memorandum; all outstanding “SIRS” are now part of the backlog of “SIR” cases at the National Security and Threat Protection unit (NSTP—the component of ICE that assumed national security IBIS resolution activity from the INS National Security Unit). The ONLY National Security/Terrorism-related IBIS resolutions to be conducted by USCIS offices are those associated with the National Security Notification (NSN) process created with the November 29, 2004 memorandum. When confronted with litigation, an office with a pending “SIR” should contact the FDNS for assistance. FDNS will request expedited processing from the NSTP for those cases ONLY
 
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Mr LA said:
Hello all
I hope this can help someone " http://www.dailybulletin.com/news/ci_3724850 "

I wish you all and my self the best
This is bogus. They call the lawsuits "Loopholes". It's not like we are getting our cases resolved under the table or using a loophole.
All the lawsuit does is put some fire below USCIS and ask FBI to expedite Name check. Its not like FBI gives false results back to USCIS. It is legitimate and legal.
Look at this quote -
"In the end, U.S. Citizenship and Immigration Services will not put the security of the United States at risk by approving an application for U.S. citizenship without the proper security and background checks being completed," Saucier said.

Someone needs to tell the moron that the case is approved only after security checks are done, even with a lawsuit.
 
Question about filing WOM - 1,800 DAYS AND WAITING

If filed I-485 in October 2001. Had interview in Januray 2003. Was approved pending name check. FBI completed name check in July 2004 and forwarded results to USCIS.

USCIS have been stalling for 2 years now with the excuse that the background check is still ongoing. In April 2005 my case was requested by USCIS HQ in Washington DC. The California center has absolutely no jurisdiction over my case now. I filed Advance Parole travel authorisation last year and the request fell into a black hole. After calling senators offices and numerous Infopass visits - and 9-months after the initial submission, my Travel Authorisation was denied by USCIS HQ! It had been approved on 3 previous occasions.

I have spoken with the FBI, had at least 7 InfoPass appointments, written to the Ombudsman (completely useless), talked to senators and a congressman -all to no avail.

So, after 1,800 days I am still waiting for these jokers to get their act together.

My question is - has anyone ever heard of a file being requested by USCIS HQ? Also, does this in any way affect my intent to file a WOM?

I intend to file WOM soon and would appreciate any suggestions with respect to my rather unusual circumstances.

Thanks.

PS. Am I the current record holder or is there anyone out there who has been waiting more than my 5-years?
 
How low can you go??

Quote from the news piece posted above"

Loophole lets immigrants sue for citizenship
Some applicants proceed without FBI checks, documents show
By Sara A. Carter, Staff Writer

A loophole in the U.S. immigration system is allowing some citizenship applicants to go forward in the naturalization process and receive immigration benefits without complete FBI criminal background checks, according to government documents obtained by the Daily Bulletin.

Applicants for citizenship through the California Service Processing Center in Laguna Niguel frequently are being interviewed for citizenship prior to immigration officials receiving the FBI checks, according to a U.S. Citizenship and Immigration Services document. Under federal immigration law, USCIS must receive the FBI check prior to the interview.

If the interview happens first, applicants can sue for immigration benefits if 120 days pass and the agency has not made decisions on their applications. Immigration benefits include citizenship, asylum, lawful permanent residency, employment authorization, refugee status, family and employment-related immigration and foreign student authorization.

Nearly 1.5 million people last year could have sued for immigrant benefits via the loophole, according to information provided by the agency. USCIS processed 7.5 million applications for benefits in 2005 and granted them to about 6.5 million people. The number of applicants who actually sued for benefits was not available through USCIS, its parent agency, the Department of Homeland Security, or through the Department of Justice.

The number of those granted benefits who might also be public safety threats is anyone's guess, said Rosemary Jenks, an attorney representing Michael Maxwell, former director of the Office of Security and Investigations, a branch of USCIS.

If FBI background check information is not available by the time a citizenship lawsuit comes before an immigration court, benefits often are granted because the government didn't follow its own rules, Jenks said.

"It means the wrong people are getting the wrong benefits at the wrong time," said Maxwell, who testified before Congress recently about immigration procedure issues. "U.S. Citizenship and Immigration Services is violating their own laws and opening a doorway for potential terrorists and criminals to enter the country."
End of the quote

These are the same people who approved the visa of mastermind terrorist Mohamad Atta few months after Sep 11. They took their time processing his application and finally find the man very clean. Now they are jumping up and down and making grandios qoutes like that. If they really think there are some terrorist among the the tens of thousands applicants stuck in name check then here is the question: what are you waiting for. Just holding a terrorist in name check does not make the US safer, it actually gives the terrorist time to plan and carry out whatever vicious act he/she is planning. I am just shocked by the shamelessness of these people bragging with big mouths about the security issues like they are doing something about it.
 
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why was your case requested by USCIS HQ?

Majman said:
If filed I-485 in October 2001. Had interview in Januray 2003. Was approved pending name check. FBI completed name check in July 2004 and forwarded results to USCIS.

USCIS have been stalling for 2 years now with the excuse that the background check is still ongoing. In April 2005 my case was requested by USCIS HQ in Washington DC. The California center has absolutely no jurisdiction over my case now. I filed Advance Parole travel authorisation last year and the request fell into a black hole. After calling senators offices and numerous Infopass visits - and 9-months after the initial submission, my Travel Authorisation was denied by USCIS HQ! It had been approved on 3 previous occasions.

I have spoken with the FBI, had at least 7 InfoPass appointments, written to the Ombudsman (completely useless), talked to senators and a congressman -all to no avail.

So, after 1,800 days I am still waiting for these jokers to get their act together.

My question is - has anyone ever heard of a file being requested by USCIS HQ? Also, does this in any way affect my intent to file a WOM?

I intend to file WOM soon and would appreciate any suggestions with respect to my rather unusual circumstances.

Thanks.

PS. Am I the current record holder or is there anyone out there who has been waiting more than my 5-years?

Sorry to hear your story. I have never heard of any case requested by USCIS HQ. You may want to consult a lawyer. My personal opinion is that your 5-year waiting is ground for WoM.
 
Bunch of idiots

These articles are written by bunch of idiots who have either no or half baked knowledge about immigration laws. They just write to show their existence.


ICU Doc said:
Quote from the news piece posted above"

Loophole lets immigrants sue for citizenship
Some applicants proceed without FBI checks, documents show
By Sara A. Carter, Staff Writer

A loophole in the U.S. immigration system is allowing some citizenship applicants to go forward in the naturalization process and receive immigration benefits without complete FBI criminal background checks, according to government documents obtained by the Daily Bulletin.

Applicants for citizenship through the California Service Processing Center in Laguna Niguel frequently are being interviewed for citizenship prior to immigration officials receiving the FBI checks, according to a U.S. Citizenship and Immigration Services document. Under federal immigration law, USCIS must receive the FBI check prior to the interview.

If the interview happens first, applicants can sue for immigration benefits if 120 days pass and the agency has not made decisions on their applications. Immigration benefits include citizenship, asylum, lawful permanent residency, employment authorization, refugee status, family and employment-related immigration and foreign student authorization.

Nearly 1.5 million people last year could have sued for immigrant benefits via the loophole, according to information provided by the agency. USCIS processed 7.5 million applications for benefits in 2005 and granted them to about 6.5 million people. The number of applicants who actually sued for benefits was not available through USCIS, its parent agency, the Department of Homeland Security, or through the Department of Justice.

The number of those granted benefits who might also be public safety threats is anyone's guess, said Rosemary Jenks, an attorney representing Michael Maxwell, former director of the Office of Security and Investigations, a branch of USCIS.

If FBI background check information is not available by the time a citizenship lawsuit comes before an immigration court, benefits often are granted because the government didn't follow its own rules, Jenks said.

"It means the wrong people are getting the wrong benefits at the wrong time," said Maxwell, who testified before Congress recently about immigration procedure issues. "U.S. Citizenship and Immigration Services is violating their own laws and opening a doorway for potential terrorists and criminals to enter the country."
End of the quote

These are the same people who approved the visa of mastermind terrorist Mohamad Atta few months after Sep 11. They took their time processing his application and finally find the man very clean. Now they are jumping up and down and making grandios qoutes like that. If they really think there are some terrorist among the the tens of thousands applicants stuck in name check then here is the question: what are you waiting for. Just holding a terrorist in name check does not make the US safer, it actually gives the terrorist time to plan and carry out whatever vicious act he/she is planning. I am just shocked by the shamelessness of these people bragging with big mouths about the security issues like they are doing something about it.
 
Does anyone know about IBIS "SIR" cases, what "SIR" stands for?

Does anyone know about IBIS "SIR" cases, what "SIR" stands for?

Question 1: Does anyone know what "SIR" stands for?
and
Question 2: How does a naturalization application gets classified as a "SIR"?

http://judiciary.house.gov/media/pdfs/maxwell072706.pdf

On page 51, it talks about IBIS "SIR" Cases:

B. Instructions Regarding Pending IBIS “SIR” Cases Until further notice, no USCIS office is to perform resolution on any pending “SIR” Remember the “SIR” process terminated with the November 29, 2004 memorandum; all outstanding “SIRS” are now part of the backlog of “SIR” cases at the National Security and Threat Protection unit (NSTP—the component of ICE that assumed national security IBIS resolution activity from the INS National Security Unit). The ONLY National Security/Terrorism-related IBIS resolutions to be conducted by USCIS offices are thos eassociated with the National Security Notification (NSN) process created with the November 29, 2004 memorandum. When confronted with litigation, an office with a pending “SIR” should contact the FDNS for assistance. FDNS will request expedited processing from the NSTP for those cases ONLY
 
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