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

[Majman]

1,800 Days and Waiting

I am assuming my case was requested by USCIS HQ because something in the FBI check was suspect. Why after 2-years they are still not done is beyond me. When USCIS refused my travel authorisation they did email Senator Feinstein's aide an explanation of sorts that just stated that I should be patient and wait for them to finish whatever it is they are doing.

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.

 

[Haddy]

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.

Thank you Denver,

Do you know how to transfer your Adjustment of Status Application from one state to another... I mean transfering a case file like green card application or natz application from one state to another...

 

[maryvams]

I saw on www.aila.org that there was a meeting

Thank you Denver,

Do you know how to transfer your Adjustment of Status Application from one state to another... I mean transfering a case file like green card application or natz application from one state to another...

between the aila liason and TSC regarding the security checks backlog etc.....does anyone have any details regarding the same....I dont have access, just wanted to know what USCIS is saying now...See Under Recent Postings....9/19 is the date.

 

[ApplyInDenver]

Thank you Denver,

Do you know how to transfer your Adjustment of Status Application from one state to another... I mean transfering a case file like green card application or natz application from one state to another...

I am not sure, since this will be a USCIS procedure, have you tried the 1-800 customer service number?
http://www.uscis.gov/graphics/services/NCSC.htm
It only says where to change the address, maybe it will automaticlly happen if the address is out of state?

Sorry can't provide more detailed information, maybe someone else in the forum can. Let us know what you find out.

Good luck.

 

[Mr LA]

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.

Hello Hate Delay,

My friend, I really don’t care what the article, I know it’s someone opinion, I just care about the letter regarding the name check.

Have a nice day,

 

[anil24]

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?

ApplyInDenver

this could be pretty exciting news for Memme and me. Is it possible for you to point us to any material that is available on this. Can folks who have been married to USC for 3 years and who still dont have a GC, apply directly for Cisitzenship?

 

[boston_case]

I got approved

Dear friends,
Just got an email from US attorney that my case has been approved and just have to dismiss the lawsuit so that uscis can schedule my oath as they do not have jurisdiction on my application until the lawsuit is active.

In less than 2 weeks after filing the lawsuit I got the approval. So friends never give up, fight for your rights

 

[LegalAlien99]

Hi there!

Congratulations! Well-deserved!!!

Cheers!
Legal

 

[Mr LA]

Dear friends,
Just got an email from US attorney that my case has been approved and just have to dismiss the lawsuit so that uscis can schedule my oath as they do not have jurisdiction on my application until the lawsuit is active.

In less than 2 weeks after filing the lawsuit I got the approval. So friends never give up, fight for your rights

Hello Boston,

Congratulations

 

[needsolution]

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

 

[ApplyInDenver]

Dear friends,
Just got an email from US attorney that my case has been approved and just have to dismiss the lawsuit so that uscis can schedule my oath as they do not have jurisdiction on my application until the lawsuit is active.

In less than 2 weeks after filing the lawsuit I got the approval. So friends never give up, fight for your rights

Congradulations. Hope all the offices can be this fast!

 

[ApplyInDenver]

ApplyInDenver

this could be pretty exciting news for Memme and me. Is it possible for you to point us to any material that is available on this. Can folks who have been married to USC for 3 years and who still dont have a GC, apply directly for Cisitzenship?

The date has to count starting the day you get your permant residency approved. But you don't have to have the physical card. I thought Memme mentioned she was approved, maybe I am wrong, I have to go back read the post again.

 

[cajack]

Boston_case:

Congratulations. You got it. I hope my case will be approved soon. I filed 1447b at the end of last month and have not heard anything yet.

jack

Dear friends,
Just got an email from US attorney that my case has been approved and just have to dismiss the lawsuit so that uscis can schedule my oath as they do not have jurisdiction on my application until the lawsuit is active.

In less than 2 weeks after filing the lawsuit I got the approval. So friends never give up, fight for your rights

 

[syt]

Congratulations

Dear friends,
Just got an email from US attorney that my case has been approved and just have to dismiss the lawsuit so that uscis can schedule my oath as they do not have jurisdiction on my application until the lawsuit is active.

In less than 2 weeks after filing the lawsuit I got the approval. So friends never give up, fight for your rights

 

[skyhigh7]

Congradulations, Boston

Dear friends,
Just got an email from US attorney that my case has been approved and just have to dismiss the lawsuit so that uscis can schedule my oath as they do not have jurisdiction on my application until the lawsuit is active.

In less than 2 weeks after filing the lawsuit I got the approval. So friends never give up, fight for your rights

Congradulations, well done.

 

[skyhigh7]

Thanks

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.

Syt, thanks for the info. I did send out intention to sue to USCIS yesterday along with my 1447b draft. yeah, why not. My 120 day is up on Oct 7th, since I will be away till Nov, 7th, I plan to file on Nov. 8th.
Best of luck to all our filings!

 

[skyhigh7]

what do you guys think - when to file

Hi, my 120 day is up on Oct 9th, but I have planned vacation beforehand from Oct 21 to Nov. 7th. What do you guys think I should file on Oct 9th? or wait till come back from vacation and file on Nov 8th? I dont want to give USCIS any more time, in the meantime however, I am afraid the 20 day or so days while I am on vacation, something may happen. What is your guys experience/advice? Usually government is given 60days. Looks like to me I can file on Oct 9th. Please share. Thanks.

Skyhigh

 

[rob waiter]

I am so excited for you my friend.

I am going to file my case tomorrow.
One questionid you serve the US attorney the same day you filed you case
at the court house?

way to go and enjoy your life!

Dear friends,
Just got an email from US attorney that my case has been approved and just have to dismiss the lawsuit so that uscis can schedule my oath as they do not have jurisdiction on my application until the lawsuit is active.

In less than 2 weeks after filing the lawsuit I got the approval. So friends never give up, fight for your rights

 

[syt]

Don't waste time. You should file your complaint on Oct 9th, before your vacation. If something will happen during your vacation time, you can re-schedule it beforehand. 20 day off is OK. District court and US Attorney won't require you to respond in such timing matter.

Hi, my 120 day is up on Oct 9th, but I have planned vacation beforehand from Oct 21 to Nov. 7th. What do you guys think I should file on Oct 9th? or wait till come back from vacation and file on Nov 8th? I dont want to give USCIS any more time, in the meantime however, I am afraid the 20 day or so days while I am on vacation, something may happen. What is your guys experience/advice? Usually government is given 60days. Looks like to me I can file on Oct 9th. Please share. Thanks.

Skyhigh

 

[skyhigh7]

Question

Don't waste time. You should file your complaint on Oct 9th, before your vacation. If something will happen during your vacation time, you can re-schedule it beforehand. 20 day off is OK. District court and US Attorney won't require you to respond in such timing matter.

Syt, Thanks for your timly answer. what do you mean by re-schedule beforehand?

In your case, less than 2 weeks after you mail the return receipt to court, your case is terminated. What if something like this happen to me, and I am not here and not aware of? Thanks for sharing.