kk405 said:I can not begin to tell all of you who have been posting valuable and very detailed information on this site, what an important and honorable thing it is you have done. It is truly a sad time that we, as legal residents of this country, who have been through numerous check and re-checks, are still being subject to such humiliating and extraordinarily disruptive roadblocks toward once and for all becoming a U.S. Citizen. Without making this too long,
A brief background: I have been a green card holder since 6-12-2000. I have an MBA from an ivy league school and a high paying job on wall street. I travel very extensively and have changed 3 passports in the last 2 years with more than 50 visas in them, having been checked numerous times by our own government as well as others. The reason I am saying all this is that I have no clue why it has taken so long for the USCIS or the FBI to complete my background check or anything else that may be holding my application. I filed my N400 on March 17, 2005 and it was received by USCIS on March 19, 2005. I received the appointment for my fingerprinting rather quickly and did so on May 3, 2005. My interview date at the Worth Ave. office in Manhattan was on November 16, 2005. After passing the exam, I was told by the immigration office that she can not approve my case yet (she check marked the bottom of the form where it says ‘B) A decision cannot yet be made about your application’. She mentioned that my background check is not yet complete, but oddly enough told me that ‘if you have not heard from me within 120 days, this is my address and name, write to me.’ I wasn’t sure what the significance of 120 days is (now I know, after stumbling upon this message board). So, 4 months passed and I wrote her and a very generic reply came back USCIS that ‘your N-400 application is still under review…’ I wrote one more time and the same reply came back. So, I made 3 InfoPass appointments from June to October of 2006. First time, I was told the application is still being reviewed and they could not give me ANY additional information including how long it may take or if I could talk to anyone else, including the reviewer or a supervisor. Second time I was told that my INS agent is gone and the case is being handled by a different agent whom I can not get the name of and he is reviewing the case! And the third time they told me it is still being reviewed and they can not give me any additional information, after which I came home, did some research and found this forum; an incredible gem!!!!
I have two questions and requests: First, does anyone know of a lawyer in New York City who may be willing to file the necessary paperwork and has done it successfully, for a reasonable fee? If not, I am willing to go through the process myself, like so many of you have. And my second question is, has anyone filed this suit in NYC? And if so, can someone please send me the link to the proper forms, documents that need to be filed (this can also be the link to any relevant posting on this site).
************************************************** *******
Application Sent: 03/17/2005
Application Received by USCIS: 03/19/2005
Fingerprinted: 5/3/2005
Interview Date: 11/16/2005
Oat Date: XX/XX/XXXX
paz1960 said:I vaguely remeber that I saw in some place that the fingerprint is valid only 15 months, not 1.5years (can somebody verify this?). You wrote that your first FP would expire next February (counting 18 months), maybe they asked the new FP because counting with 15 months, the expiration date is December 2006.
I send you an e-mail to the address you provided in your PM.
nshan said:A quick question: I listed the Director of FBI as one of the defendants in my law suite. Does anyone know where should I serve the summon for Mr. Mueller to?
I sent it to the atturney for the department of DHS but it was returned as service not accepted.
Thank you in advance.
NShan.
Hello hayyyoot,hayyyoot said:Details:
N-400 PD: 11/17/2005
ID: 4/21/06
1447(b): 8/28/06
30 days extension as of 10/27/2006
defendants filed for motion to remand on 11/21/06
I filed an opposition next day
The judge made a judgement today:
Remanding the case to the USCIS WITHOUT any instructions, he even didn't take teh time to have somebody print the order to remand, just signed on teh bottom of teh defendants motion "it is so granted"
I will have to prepare for an appeal, what should I do now???
My case was filed in Las Vegas, NV
It worths mentioning that my judge once denied the freedom of speech to an author who writes books, yes, this happened in America.
Good luck for tomorrow! Let us know how it went. Hopefully you will celebrate next evening.aka808 said:After my first pre-trial i got a letter from the USCIS requesting a followup interview. The AUSA asked for initial extension due to a family emergency which was only for a week. I did email him a few times before the hearing and after calling a few hundred times finally got to talk to him on the phone.
After the pre-trial i have had no contact with him.
I certainly know one case: my wife's application was approved at the end of our interview, mine not, because the pending name check.Dora50 said:Re: Interesting news article in Denver Post.
Does anybody know someone who got the Citizenship without a lawsuit? Or only lawsuit is the way to go – seems total rip off/injustice- who to blame for the cost and wait?
http://www.denverpost.com/search/ci_4813326
To be precise, it will cause no effect. Neither positive or negative (or I would be really surprised). But it is worth trying it. It costs you the stamp and at least you have another piece of evidence that you tried everything.seagull009 said:I am wondering if it is ok to send a letter directly to the director of FBI, requesting him expediting the name check. Will it cause any negative effect on my name check? Thanks.
paz1960 said:Hello hayyyoot,
Don't be too depressed, knowing your case, I would bet a fair amount of money that this order with or without time limit is not making a difference. You will get your oath letter in the next couple of days. Of course, it is hard to bear with a defeat, but remember, your main goal was to get your application adjudicated. You will see that this will happen now quite fast, most likely before the end of this year.
Make sure that you look in your local rules and find out, what is the time limit to file an appeal. I would recommend to wait till the last day (probably you will be already citizen by then) and if the unlikely happens and you still didn't receive your oath letter, you should file an appeal with the Circuit Court. It will be more expensive than this lawsuit ($450) but you should never, never never give up!
betaMichigan said:I have a question, I filed WOM on November 28th through my attorney. The US attorney has been served.
He still has not recieved signature confirmation from other defendants.
My question are:
1. How long will it take for a US government Attorney to be assigned to case?
2. My lawyer is lazy, is it possible I can contact and talk to the US attorney or they wont talk to me?
Thanks!
paz1960 said:Hello hayyyoot,
Don't be too depressed, knowing your case, I would bet a fair amount of money that this order with or without time limit is not making a difference. You will get your oath letter in the next couple of days. Of course, it is hard to bear with a defeat, but remember, your main goal was to get your application adjudicated. You will see that this will happen now quite fast, most likely before the end of this year.
Make sure that you look in your local rules and find out, what is the time limit to file an appeal. I would recommend to wait till the last day (probably you will be already citizen by then) and if the unlikely happens and you still didn't receive your oath letter, you should file an appeal with the Circuit Court. It will be more expensive than this lawsuit ($450) but you should never, never never give up!
==============paz1960 said:I certainly know one case: my wife's application was approved at the end of our interview, mine not, because the pending name check.
Considering that there are every year several tens or hundreds of thousands applicants approved and only few hundreds or thousands who have to file a lawsuit, it seems that we are the small minority. Not that this helps me or you with anything...
hayyyoot said:I am not sure I can handle an appeal on my own, I heard that a lawyer asked for $60,000 to file an appeal for somebody, I really don't trust the USCIS to approve my case now. probably I am a goner at this point :-(
I am extremely upset, I have no more energy left to fight, or study, I really hope that nobody will have to experience this.
I will wait few days and see if I will have the stomach to start fighting again.
Thanks for everybody here on this forum, especially PAZ.
Good luck all.
ApplyInDenver said:Even the motion is granted, doesn't mean the case is closed. So you can still file motions if you don't like what USCIS is doing.
Right now USCIS is claiming they are waiting on FBI name check, and if the result comes back from FBI, then they have no excuse to delay anymore, and if they do, you can file your motions to.
So now it all depends on when the expedite result will come back, which should not be too long.
I don't think at this time you need to go to the appeal court yet, since this case has not been closed, and it still counts as one law suite againest USCIS, so they better get on their butt and work on it, fast.
Good luck.
fadd2002 said:hi,
due to name check pending, I filled wom case at 11/20 and today my case status is changed: it said: my case is transfered to my local uscis office. What does it mean? My name check is cleared?
Thanks.
paz1960 said:I vaguely remeber that I saw in some place that the fingerprint is valid only 15 months, not 1.5years (can somebody verify this?). You wrote that your first FP would expire next February (counting 18 months), maybe they asked the new FP because counting with 15 months, the expiration date is December 2006.
I send you an e-mail to the address you provided in your PM.
hayyyoot said:Well, it looks to me that the case is closed, they marked the case on pacer as terminated, is there anything I can do between here and the appeal???? what kind of motions I can file???