Hello ZUR, my guess is that your original name check, initiated on January 13, 2003 is part of that huge batch which was re-submitted (more than 2.5 million cases) after the November 2002 review of the "full criminal background check" procedure, i.e., when USCIS decided that they will ask to run applicants names also on the "reference" files, not only on the "main" files (like they do when you request a FOIPA). We know from Michael Cannon's (the chief of the National Name Check Program at FBI HQ) testimony that they still didn't complete to process that huge number of resubmitted cases. It is very well possible, that in 1999 when you got your green card, they didn't do a name check. That time if FBI didn't return anything derogatory in 40 days, the case was considered that it is cleared.ZUR said:
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Did this AUSA file for an extension or something with the court to explain that he needs more time because he will be away for family reasons? I don't think that you can influence the US Attorney's Office to assign somebody else to your case. Remember, they are not YOUR counsel, they are the counsel of the Defendants. You can call him (AUSA) and ask this question from him, if somebody else will take over this case while he is away. He will need to file something with the court before the 60 day deadline. And most likely he will.ganbaru said:
Hello guys,
I spoke to USCIS on the 800 number to check how I can withdraw my second N400. They told me I need to send a witen letter to Vermont sevice center indicating the reason. I'm gonna do that tomorrow.
Did any of you guys file a withdrawal letter to USCIS before? how soon will they reply/accept it?
Also I spoke to the FBI guy I spoke to at the FBI office in Newark. He was no help, he said there is nothing he can do.
I spoke to USCIS on the 800 number to check how I can withdraw my second N400. They told me I need to send a witen letter to Vermont sevice center indicating the reason. I'm gonna do that tomorrow.
Did any of you guys file a withdrawal letter to USCIS before? how soon will they reply/accept it?
Also I spoke to the FBI guy I spoke to at the FBI office in Newark. He was no help, he said there is nothing he can do.
Screaming_Eagle said:
Screaming Eagle,
Sorry to hear they are giving you hard time. did they say in the letter if you can reapply again? I don't know if they give this option to people caught lying under oath but maybe it'll be easier for you to reapply then argue with them since nowadays interviews are scheduled real early after applying.
good luck
Bushmaster
Registered Users (C)
I Think I Will Be Denied
I think I have a situation that I am going to get a denial for sure.
When I first came to this country, I was told to pay for a SSN. I paid a large amount of money to a guy I knew (he was countryman too) and I got the SSN in the envelope.
When I was arrested after Sept 11, the INS agent asked me my SS number and I told him what it was. He looked at it and said it looks like a real number and I better tell them how I got it, I told them the truth, they asked me where I went, who I talked to, because you don't get SSNs like that. I told them everything.
After that I never heard about this issue. They didn't put it on my record of deportable alien form or anything.
When I was applying for I-130 and I-485 AOS my lawyer instructed me not to put any numbers, not to use that SSN for a while. For joint married tax purposes I got a ITIN number and everything.
In August 2002, I ordered a flight simulator tool off the internet and UPS delivered it. After a few days an FBI agent came to our apartment back in South Dakota. We had a nice little chat, was a very nice guy, I told him my plans to join the military but I happened to be at the wrong place at the wrong time and now I was suffering. (At that time I was still waiting for I-130 IR visa approval, without that removal court could not move). He said he came to check out what I ordered, what I was going to do with it, just to make sure I am not building a B747 simulator in my house. We laughed and all. I asked him questions about naturalization and military security checks back then. Don't remember how but he mentioned about the SSN issue. I explained him the same thing I was told that was the only way.
Even when I got my work permit, I was worried and I placed him and my lawyer a call, if SSA would cause any problems about this number. Our FBI agent, who came to visit me a year earlier (he is retired now, very nice guy) told me to be truthful and explain the SSA people. I went to SSA and explained the situation, they ran the number and they said the number was good, apparently the number was authentic and came from SSA.
During my citizenship interview they didn't ask anything about it. But what if they say I lied under oath, didn't say YES to question number D15 "Have you EVER committed a crime or offense for which you were NOT arrested?" I didn't even know this was a crime.
I think I have NO CHANCE whatsoever now. By looking at Screaming Eagle's sitaution I am definitely sure that they will find this. The reason I am worried is that, this must have been recorded somewhere even though they didn't take any action. If it was not recorded the agent in South Dakota would not have known something I was questioned for in New Jersey.
Should I withdraw my application? I DID NOT SLEEP this weekend, my wife was miserable trying to put up with my crabbiness. I feel like ***. I am done for good, the rest of my life I will stay as an LPR renewing my I-94 with I-551 stamp on it, year to year. I am sorry for letting people down here also, I try my best to be a law abiding person but I did break it once.
My only relief in my mind is that, my FOIA request said they no main file records and for this "crime" they didn't take any action. But still, I am looking at a denial for sure.
I think I have a situation that I am going to get a denial for sure.
When I first came to this country, I was told to pay for a SSN. I paid a large amount of money to a guy I knew (he was countryman too) and I got the SSN in the envelope.
When I was arrested after Sept 11, the INS agent asked me my SS number and I told him what it was. He looked at it and said it looks like a real number and I better tell them how I got it, I told them the truth, they asked me where I went, who I talked to, because you don't get SSNs like that. I told them everything.
After that I never heard about this issue. They didn't put it on my record of deportable alien form or anything.
When I was applying for I-130 and I-485 AOS my lawyer instructed me not to put any numbers, not to use that SSN for a while. For joint married tax purposes I got a ITIN number and everything.
In August 2002, I ordered a flight simulator tool off the internet and UPS delivered it. After a few days an FBI agent came to our apartment back in South Dakota. We had a nice little chat, was a very nice guy, I told him my plans to join the military but I happened to be at the wrong place at the wrong time and now I was suffering. (At that time I was still waiting for I-130 IR visa approval, without that removal court could not move). He said he came to check out what I ordered, what I was going to do with it, just to make sure I am not building a B747 simulator in my house. We laughed and all. I asked him questions about naturalization and military security checks back then. Don't remember how but he mentioned about the SSN issue. I explained him the same thing I was told that was the only way.
Even when I got my work permit, I was worried and I placed him and my lawyer a call, if SSA would cause any problems about this number. Our FBI agent, who came to visit me a year earlier (he is retired now, very nice guy) told me to be truthful and explain the SSA people. I went to SSA and explained the situation, they ran the number and they said the number was good, apparently the number was authentic and came from SSA.
During my citizenship interview they didn't ask anything about it. But what if they say I lied under oath, didn't say YES to question number D15 "Have you EVER committed a crime or offense for which you were NOT arrested?" I didn't even know this was a crime.
I think I have NO CHANCE whatsoever now. By looking at Screaming Eagle's sitaution I am definitely sure that they will find this. The reason I am worried is that, this must have been recorded somewhere even though they didn't take any action. If it was not recorded the agent in South Dakota would not have known something I was questioned for in New Jersey.
Should I withdraw my application? I DID NOT SLEEP this weekend, my wife was miserable trying to put up with my crabbiness. I feel like ***. I am done for good, the rest of my life I will stay as an LPR renewing my I-94 with I-551 stamp on it, year to year. I am sorry for letting people down here also, I try my best to be a law abiding person but I did break it once.
My only relief in my mind is that, my FOIA request said they no main file records and for this "crime" they didn't take any action. But still, I am looking at a denial for sure.
PendingN400
Registered Users (C)
Green Receipt Cards
How long did it take for your green receipt cards to come back from all of the washington D.C. defendants (FBI, USCIS...)? I have sent my summons with complaint over a week ago and I have not received the cards and the USPS website still says it has not been delivered. I wonder if all of these letters go to a certain facilities for scanning first. In my case all the copies of complaint and summons were stamped right away and I mailed the very same day I filed my complaint with the court. The local USA, local USCIS and a state level USCIS office have received my complaints - so would my 60 days begin since USA has already received my complaint? Or does it begin only when all of the defendants have been served and there is proof of receipt? Thanks for all your help to me and others on this forum.
Regarding an earlier post regarding crimes of moral turpitude, I believe everything is fogiven if there is nothing adversary in the last 5 years. The case may go into appeals stage based on initial USCIS denial using very old info, but the IJ may over turn based on last 5 years. Also in my opinion, this name check issue has become more of a moral policing check as opposed to national security which it was supposed to address. CIS has an additional tool (for free, without any congressional mandate) to determine moral appropriateness for adjudicating individuals naturalization applications. This is really sad and should be addressed in legal arguments to the court. The focus ought to be on national security and not crimes of moral turpitude.
Hi Paz.paz1960 said:
How long did it take for your green receipt cards to come back from all of the washington D.C. defendants (FBI, USCIS...)? I have sent my summons with complaint over a week ago and I have not received the cards and the USPS website still says it has not been delivered. I wonder if all of these letters go to a certain facilities for scanning first. In my case all the copies of complaint and summons were stamped right away and I mailed the very same day I filed my complaint with the court. The local USA, local USCIS and a state level USCIS office have received my complaints - so would my 60 days begin since USA has already received my complaint? Or does it begin only when all of the defendants have been served and there is proof of receipt? Thanks for all your help to me and others on this forum.
Regarding an earlier post regarding crimes of moral turpitude, I believe everything is fogiven if there is nothing adversary in the last 5 years. The case may go into appeals stage based on initial USCIS denial using very old info, but the IJ may over turn based on last 5 years. Also in my opinion, this name check issue has become more of a moral policing check as opposed to national security which it was supposed to address. CIS has an additional tool (for free, without any congressional mandate) to determine moral appropriateness for adjudicating individuals naturalization applications. This is really sad and should be addressed in legal arguments to the court. The focus ought to be on national security and not crimes of moral turpitude.
PendingN400 said:
I mailed all of the summonses+complaints on October 24 (same day with the filing in court). Next day the mails were delivered to the USCIS District Office (80 miles from my town) and the the USA's Office (70 miles from my town). The Washington mails were delivered on October 30, according to the USPS tracking web site. I received the "green cards" (return receipts) from all the Washington based defendants but FBI at different times, in a time span of about two weeks after the mailing. I still didn't receive the "green card" from FBI. I used the web printouts and green slips as proof of delivery when I filed a Certificate of Service with the District Court on November 2.
The 60 days begin when the USA's Office was served (to be more precise, next day). ALthough they have to answer our complaints (or file a motion) before the 60 days are up, looks like even if they don't do it, it is extremely unlikly that the court will grant a motion for default judgement, the defendant being the United States. See Rule 55(e) FRCP.
I completely agree with your remarks about the name check. The congressional mandate for the "full criminal background check" as it is stated in the FY98 Appropriation Act, is used as a "rubber mandate". In November 2002 USCIS simply redefined internally what they mean by "full criminal background check", forgetting to get an approval from the Congress. Now they use this national security concern as a wholesale argument, waving it as a flag to cover their inefficiency doing this important background verification in a timely manner.
I believe that none of us, who applied for citizenship or permanent residency have any objection against checking out who are the bad guys and prevent them from getting the seeked immigration benefit. I want to live in a safe country where they don't grant citizenship for a potential terrorist or spy or violent criminal. But dragging these check for years I don't see how they are increasing the security level of the country. And people who are more knowledgeable in these issues agree with this. See the CIS Ombudsman Annual Report to Congress 2006, on page 24-27.
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talked to AUSA first time
Today I managed to find out who is the AUSA assigned to my case. We had a good conversation on the phone, he told me that he was already in contact with USCIS, but didn't seem very knowledgeable about the whole process (my case is the first such lawsuit in this district, as far as I can tell researching PACER). He said that he expects to hear something back from his USCIS contact in the next couple of weeks and he will be out of office for the next two weeks, so we set up an appointment (face to face, I asked this) for Dec. 5. I am still somewhat worried, that this appointment time will be only 3 weeks before his answer is due, so not much time will be left to act, if the expedite request was not placed already with FBI. We'll see...
Today I managed to find out who is the AUSA assigned to my case. We had a good conversation on the phone, he told me that he was already in contact with USCIS, but didn't seem very knowledgeable about the whole process (my case is the first such lawsuit in this district, as far as I can tell researching PACER). He said that he expects to hear something back from his USCIS contact in the next couple of weeks and he will be out of office for the next two weeks, so we set up an appointment (face to face, I asked this) for Dec. 5. I am still somewhat worried, that this appointment time will be only 3 weeks before his answer is due, so not much time will be left to act, if the expedite request was not placed already with FBI. We'll see...
Mercury369
Registered Users (C)
Fopia
Hello Zlin,
I just received FOPIA reply from FBI couple days ago after I sent out my FOPIA inquiry two weeks ago. It seems FOPIA works. So you may want to try to send FOPIA one more time.
Mercury
Hello Zlin,
I just received FOPIA reply from FBI couple days ago after I sent out my FOPIA inquiry two weeks ago. It seems FOPIA works. So you may want to try to send FOPIA one more time.
Mercury
zlin said:
Bushmaster
Registered Users (C)
Pending, I think you were addressing my situation? From my arrest to my N400 filing it is not 5 years, unfortunately it is exactly 4 years. From a different source, I thought it was 7 years, but that is what is being asked on military security positions. I am wondering if they overlooked this issue since I cooperated back then. I was the victim as a matter of fact not the perpetrator. Appeal hearing with an immigration officer would not do any good because by the time they move their asses for a hearing, I would be fighting the war in Iraq. Apparently, this is a serious crime that involves moral turpitude. And my military service does not count? I am going to only hope that it is going to be up to adjudicator's discretion.
firebird123
Registered Users (C)
Need to contact ?
Paz,
I filed 1447(b) at about the same time as you and got an appointment for 2nd FP on Nov. 21. Do you think I should contact AUSA now to make sure the process is flowing at USCIS ?
Thanks,
paz1960 said:
Paz,
I filed 1447(b) at about the same time as you and got an appointment for 2nd FP on Nov. 21. Do you think I should contact AUSA now to make sure the process is flowing at USCIS ?
Thanks,
I think that it is always a good idea to contact AUSA and try to build a good working relationship with him/her. (S)he can be a real help in such cases because (s)he can pressure USCIS and/or FBI to expedite the name check and adjudicate your N-400 application.firebird123 said:
I believe that receiving the appointment for the 2nd FP is a really good sign. I read once in a letter written by USCIS to one of the applicants who requested an appointment for the 2nd FP arguing that more than 15 months passed from the 1st FP, that applicant will be scheduled for a new FP only after the security background check is finished. If they still work according to this, seems to me that you just cleared the biggest roadblock and you are now close to your adjudication. Please keep us posted! Good luck!
Dear Dhua:
Congratulations on winning your case in San Jose!
I stuck in the same name check about the same time as yours, but I have waited for those statutory 120 days before doing anything. I am currently trying to build the case and waiting for the FIOPA and congressman inquiry. It looks like you filed your case immediately upon the 120-day period expiration. Did you go though all this administrative stuff to demonstrate that you have “exhausted other means” or just filed lawsuit without it? It all appears quite useless from what people are saying in this forum.
Regards,
snorlax
Congratulations on winning your case in San Jose!
I stuck in the same name check about the same time as yours, but I have waited for those statutory 120 days before doing anything. I am currently trying to build the case and waiting for the FIOPA and congressman inquiry. It looks like you filed your case immediately upon the 120-day period expiration. Did you go though all this administrative stuff to demonstrate that you have “exhausted other means” or just filed lawsuit without it? It all appears quite useless from what people are saying in this forum.
Regards,
snorlax
anotheronestuck
Registered Users (C)
looking for a response to AUSA motion to dismiss the case
Dear participants,
I have been looking for any message dealing with how to respond to AUSA motion to dismiss the case (1471b). If the AUSA does not do anything or does not get any response from USCIS/FBI for 60 days, and then he files a motion to dismiss the case, how would then one respond?
Dear participants,
I have been looking for any message dealing with how to respond to AUSA motion to dismiss the case (1471b). If the AUSA does not do anything or does not get any response from USCIS/FBI for 60 days, and then he files a motion to dismiss the case, how would then one respond?
Bushmaster
Registered Users (C)
After denial...
If the N400 application is denied and the applicant doesn't (or can't) appeal, what is the timeframe to re-apply?
If the N400 application is denied and the applicant doesn't (or can't) appeal, what is the timeframe to re-apply?
pankajkandhari
Registered Users (C)
Can you share your case?
Hello Memme,
I want to congratulate that this immigration is behind your past forever, no longer have to wait for notices and all...
Can you please share your case which you files with me? Do you have in a word or pdf file. I am going to start working on my case. I am in the same boat that interview done, I-130 approved but waiting for name check.
Let me know if this is possible for you?
Thanks
memme said:First and foremost is my gratitude and thanks to the helpful folks on this forum. I can not thank enough for the support, assistance and the guidance I received from the friends on this forum. Our combined effort has brought me this victory for which I waited endlessly for many months.
I got the approval letter for the I485 from the local USCIS office yestarday on 11/7. The moment was very soothing and of relief while I read the letter and I could not avoid my eyes getting wet.
The approval came about 7 weeks after I file the WoM lawsuit (Pro Se). I am so happy since I read that letter.
I had posted messages about my experience at varoius stages of the process in this thread and would like to contribute in any way I can. So, folks, feel free to send me messages if you need any information that I may have.
Again, thanks to all of you and best of luck.
- Memme.
Hello Memme,
I want to congratulate that this immigration is behind your past forever, no longer have to wait for notices and all...
Can you please share your case which you files with me? Do you have in a word or pdf file. I am going to start working on my case. I am in the same boat that interview done, I-130 approved but waiting for name check.
Let me know if this is possible for you?
Thanks
You will need to file a WOM lawsuit and you will need to prove (among other things) that USCIS delayed unreasonably long the adjudication of your petition. Do you really think that 5 months since you filed your petition will qualify? What is the average processing time for your type of case in your District Office?pankajkandhari said:
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