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

[Bou]

New fee increase to cut back processing time

Hi All, USCIS just had a press release regarding new fee increases, what you guys think, will solve problem in the long run? please check out the following:


http://www.uscis.gov/files/pressrelease/FinalFeeRulePressRelease052907.pdf



p.s. Paz, it's always inspiring to see guys like you still hang around to share valuable information/help long after you won your victory, thank you! AUSA informed my attorney that they have expedited my name check, for about two months by now, we also filed OPP to MTD, don't know how long we still need wait before the judge will rule.

akram88, enjoy your trip to Spain. It is a place where I always wanted to go, and I know that one day I will visit that country.

 

[lazycis]

Hi All, USCIS just had a press release regarding new fee increases, what you guys think, will solve problem in the long run? please check out the following:


http://www.uscis.gov/files/pressrelease/FinalFeeRulePressRelease052907.pdf



p.s. Paz, it's always inspiring to see guys like you still hang around to share valuable information/help long after you won your victory, thank you! AUSA informed my attorney that they have expedited my name check, for about two months by now, we also filed OPP to MTD, don't know how long we still need wait before the judge will rule.

The bottleneck is FBI, not USCIS so I do not see how that may help in the long run. The problem is current name check system which produces way too many false leads, FBI does not have all info easily available (in 21st century) and NNCP does not have appropriate procedures for processing name checks. People will just pay more for the same poor service. Finally, we are 7 years into 21st century and USCIS just started to build service for it.

 

[Bou]

Better or worse

Hi Lazycis,
USCIS pay FBI 4$ per name check, but pay much more for expedited name check, if USCIS pay FBI more $$$, so that they increase staff to handle more 'false positive hits', may help somehow? I agree with you though that the system needs more definitive procedure/protocol and manpower to process those cases that have been stuck for long.

On the other hand, if the system fails to improve much after the fee increase, the new fee will be a much bigger burden for those like us who stuck and have to spend much more, i.e. for EAD alone, need pay $340 (it was $180) year after year to renew.

The bottleneck is FBI, not USCIS so I do not see how that may help in the long run. The problem is current name check system which produces way too many false leads, FBI does not have all info easily available (in 21st century) and NNCP does not have appropriate procedures for processing name checks. People will just pay more for the same poor service. Finally, we are 7 years into 21st century and USCIS just started to build service for it.

 

[always.wired]

Comprehensive Immigration Reform Act 2007

There have been many confusing postings about effect of new Immigration Reform Act 2007 on Name Check process. You can get the actual text of the bill in the following location:

Go to http://thomas.loc.gov/home/c110query.html

Search for "Comprehensive Immigration Reform Act 2007". It brings up the following Hit:

Comprehensive Immigration Reform Act of 2007 (Placed on Calendar in Senate)[S.1348.PCS]

This is the Bill that removes the jurisdiction of Courts to order expedited processing of Background Checks. See section 531. f this bill passes, it appears we will have no more recourse to WOM.

 

[siguy]

There have been many confusing postings about effect of new Immigration Reform Act 2007 on Name Check process. You can get the actual text of the bill in the following location:

Go to http://thomas.loc.gov/home/c110query.html

Search for "Comprehensive Immigration Reform Act 2007". It brings up the following Hit:

Comprehensive Immigration Reform Act of 2007 (Placed on Calendar in Senate)[S.1348.PCS]

This is the Bill that removes the jurisdiction of Courts to order expedited processing of Background Checks. See section 531. f this bill passes, it appears we will have no more recourse to WOM.

But Section 216 seems to put funding on FBI background check and 180 days report back to congress on background check status ?

 

[avernet]

But Section 216 seems to put funding on FBI background check and 180 days report back to congress on background check status ?

From what I understand this is just a report that the FBI owes the congress "no later than 180 days" after the new bill is approved. This does not put any constraint on how long the FBI can take to approve a case.

For reference, here is the table of content for the bill we are talking about.

Alex

 

[lazycis]

Hi Lazycis,
USCIS pay FBI 4$ per name check, but pay much more for expedited name check, if USCIS pay FBI more $$$, so that they increase staff to handle more 'false positive hits', may help somehow? I agree with you though that the system needs more definitive procedure/protocol and manpower to process those cases that have been stuck for long.

On the other hand, if the system fails to improve much after the fee increase, the new fee will be a much bigger burden for those like us who stuck and have to spend much more, i.e. for EAD alone, need pay $340 (it was $180) year after year to renew.

Hi Bou!
FBI processes, let's say, 3.5 mln checks a year. Multiply it by $4 and you get $14 mln. 99% of this checks (according to FBI) is just a database query without or with minimal human intervention so it does not cost a lot to process those ($1-2 mln tops). Now FBI has $12-13 mln to process remaining 35,000 checks. Pretty good deal, I'd say. It's not a money question, that's what I am trying to say. USCIS pays $20 for expedited name check processing. Would not you pay that just to avoid court proceedings? But they do not let you, because, again, the problem is the name check system itself. A friend of mine is stuck for 3 years and senator's inquiry revealed that the search against reference files produced 4 hits for his name. Does it take 3 years to investigate 4 hits?
Extra money will help if they spend it wisely, I hope it will improve service. Maybe I am too optimistic?

 

[hopeforall2]

At this point you should confer with AUSA and agree in a discovery plan. It will most likely a disagreement because the government doesn't like discovery, usually they are reluctant to produce any documents. You still should ask the followings:
1. your full Alien file
2. detailed timeline what actions, when and who took to resolve your case
3. the reason why your name check got stuck and not cleared like 99% of the cases processed in less than a year after requesting the name check
4. a declaration from the FBI NNCP to explain why you are still stuck when they always claim that they process cases 'first in - first out' and what is the explanation that the currently adjudicated cases where filed in your district X months (years) after you filed your application.

You can mention that you are aware that certain parts of the requested documents may contain classified information but you still insist to produce that for the court so the judge can review them under seal during an "in camera" review (where you will be excluded).

I don't think that you have to produce anything, assuming that all the documents which support your case are already exhibits in your complaint.

Paz, no doubt I will include your suggestions in the discovery request.

Thank you.

 

[kcguy2004]

fingerprints done only once..

No sense to file WoM if your PD is not current.
Wait a little bit until it becomes current and make inquiry with USCIS. You should get your GC within a month or so. Are your FP current? I understand you are tired of waiting but if FBI check is complete, the process should move quick for you. If you do not get your GC pretty soon, consider filing WoM, one of the forum members (anybody remember Bushmaster?) became a citizen only after he filed WoM, even though his name check was long complete. Sue USCIS, DHS and US AG.
I would not worry about "storage" thing, it's just another meaningless excuse from USCIS.

Thanks for the reply lazycis.
My fingerprints were done only once a long time ago...
I have not received any requests for fingerprints. Do I have to do them proactively?

 

[DUDE12190]

USCIS Outrageous Final New Fee Schedule

Hi everyone!!
Looks like there is hot discussion on the forum about this new bill. I hope and wish that they never pass it. Look at this new CIS outrage. N-400 Fee is goona be $675. I do not think that it will stop this dark Sea called "Name check". I also want to say this that during my journey, both the congressman and senators will not helpful at all. And if u are contacting them first time, u should be very cautious since they can mislead u and can give you completely wrong information. For example, my case worker at the congressman office was telling me that there is no such thing as the Expediated name Check and they never do this unless u are in military and are to be deployed and bla bla bla.

The point I am trying to make here is that when we contact these congresssme and senators, our main goal should be to make our case strong, so when we file a lawsuit, we can attch a proof that we did something. After all, there is not even a one person on this forum whose name check got cleared through a congressman or Senators' office. I hope this info will be helpful. Congratulation to Akram!!!! My oath is about two weeks from today. Thanks again to everybody especially to Paz. Best of Luck to all who are still fighting!!! regards, dude

 

[lazycis]

Thanks for the reply lazycis.
My fingerprints were done only once a long time ago...
I have not received any requests for fingerprints. Do I have to do them proactively?

You are welcome, kcguy.
You can make infopass appointment and ask them to send you a FP notice. To me, it make sense to do that even before your PD becomes current. It may not make sense to USCIS so I'd wait until your PD becomes current to be sure. Depends on how difficult it is for you to go to infopass.

 

[wait4luck]

Experts please help! My WOM attorney wants me to sign G-28 form, should I sign?

I want to hire an attorney to file WOM for my Green Card case. The attorney needs me to sign G-28N form. But I have already signed G-28N form with my company lawyer who originally filed my I-485. Is it ok to sign G-28 with WOM attorney? My concern is he will represent me for all future I-485 issues, whereas all my Green Card petition documents are with my company lawyer. Do I need to tell my company lawyer that I file WOM and sigh G-28 with another attorney? I do not want to let company lawyer know that I file WOM.

Please advice and share your experience. Thank you in advance!

 

[NY_Waiter]

Hello guys, My name check is stuck for more than a year.

I think i should sue them, but i want to hire attorney.

If any body can tell me any lawyer in NY area for this purpose please.

I think i should do it before law changes.

Thank you.

 

[hopeforall2]

Hello guys, My name check is stuck for more than a year.

I think i should sue them, but i want to hire attorney.

If any body can tell me any lawyer in NY area for this purpose please.

I think i should do it before law changes.

Thank you.

Can you post your timeline please?

Thanks.

 

[lazycis]

I want to hire an attorney to file WOM for my Green Card case. The attorney needs me to sign G-28N form. But I have already signed G-28N form with my company lawyer who originally filed my I-485. Is it ok to sign G-28 with WOM attorney? My concern is he will represent me for all future I-485 issues, whereas all my Green Card petition documents are with my company lawyer. Do I need to tell my company lawyer that I file WOM and sigh G-28 with another attorney? I do not want to let company lawyer know that I file WOM.

Please advice and share your experience. Thank you in advance!

I would not do it. If you do, it will replace your company attorney on record with USCIS. Why does he want you to sign G-28? Does not make any sense for WOM. G-28 is necessary if attorney files papers with USCIS on your behalf. That's not a requirement for federal district court. Good luck!

 

[DUDE12190]

NYC lawyers

Hello guys, My name check is stuck for more than a year.

I think i should sue them, but i want to hire attorney.

If any body can tell me any lawyer in NY area for this purpose please.

I think i should do it before law changes.

Thank you.

I filed it myself (Pro Se) and therefore, I do not know how much these lawyers are charging. Please be careful and cautious when u choose an attroney. Ask them how many cases(simialr to yours) have they recently done and what is their sucess rate etc etc. I called once the first lawyer(Andrew P. Johnson )and the secetry was asking me to leave name and number, so they can call me back. I just wanted to know how much do they normally charge and she told me that it depends on the case(I am very skeptical, so I interprted it like a butcher, who want to see how big is the goat, and then buy it). So please my dear, be careful. I got this info from PACER. Best of luck to you!!

Andrew P. Johnson
65 Broadway
Ste. 815
New York, NY 10006
212-693-3355
Email: andrewjohnson@apjohnsonlaw.com


Denise K. Bonnaig
Bonnaig & Associates
277 Broadway
Suite 708-710
New York, NY 10007
212-374-1511
Fax: 212-374-1703
Email: dkblawfirm@aol.com

Susan Elizabeth Esterhay
Law Offices of Susan E. Esterhay
The Bar Building
36 West 44th Street
Suite 1201
New York, NY 10036
(212) 354-5133
Fax: (212) 354-6354
Email: esterhaylaw@yahoo.com

Romben Aquino
Ferro & Cuccia
100 Lafayette Street
Suite 201
New York, NY 10013
212-966-7775
Fax: 212-966-0338
Email: rombenesque@gmail.com

Jennifer Oltarsh
Oltarsh & Associates, P.C.
494 Eighth Avenue
Suite 1704
New York, NY 10001
(212)944-9420
Fax: (212)944-9120
Email: info@oltarsh.com

 

[1995]

WOM lawyer

I am trying to hire a lawyer to do WOM. They ask me for $6000 plus form fee. Is it too much? How do you guys think? Thanks.

I filed it myself (Pro Se) and therefore, I do not know how much these lawyers are charging. Please be careful and cautious when u choose an attroney. Ask them how many cases(simialr to yours) have they recently done and what is their sucess rate etc etc. I called once the first lawyer(Andrew P. Johnson )and the secetry was asking me to leave name and number, so they can call me back. I just wanted to know how much do they normally charge and she told me that it depends on the case(I am very skeptical, so I interprted it like a butcher, who want to see how big is the goat, and then buy it). So please my dear, be careful. I got this info from PACER. Best of luck to you!!

Andrew P. Johnson
65 Broadway
Ste. 815
New York, NY 10006
212-693-3355
Email: andrewjohnson@apjohnsonlaw.com


Denise K. Bonnaig
Bonnaig & Associates
277 Broadway
Suite 708-710
New York, NY 10007
212-374-1511
Fax: 212-374-1703
Email: dkblawfirm@aol.com

Susan Elizabeth Esterhay
Law Offices of Susan E. Esterhay
The Bar Building
36 West 44th Street
Suite 1201
New York, NY 10036
(212) 354-5133
Fax: (212) 354-6354
Email: esterhaylaw@yahoo.com

Romben Aquino
Ferro & Cuccia
100 Lafayette Street
Suite 201
New York, NY 10013
212-966-7775
Fax: 212-966-0338
Email: rombenesque@gmail.com

Jennifer Oltarsh
Oltarsh & Associates, P.C.
494 Eighth Avenue
Suite 1704
New York, NY 10001
(212)944-9420
Fax: (212)944-9120
Email: info@oltarsh.com

 

[wait4luck]

Lazycis, did you hire an attorney to do WOM for you? Did he ask you to sign G-28?

I would not do it. If you do, it will replace your company attorney on record with USCIS. Why does he want you to sign G-28? Does not make any sense for WOM. G-28 is necessary if attorney files papers with USCIS on your behalf. That's not a requirement for federal district court. Good luck!

Lazycis, did you hire an attorney to do WOM for you? Did he ask you to sign G-28? Thanks for your reply!

 

[paz1960]

Please Help..What Should I do?
I have an Ap for N400 at VSC Since Apr/06 No IL till now!!!!!!!!

Thanks,

PD: 4/21/06
FP: 6/07/07
IL :????????

You will get the interview letter after your full criminal background check (which includes the name check done by FBI, besides other checks) will be completed. Nobody can predict the completion date. Your only option will be to file a Writ of Mandamus lawsuit in the federal district court where you reside. But in order to do that you will need to demonstrate several things. The most difficult is to convince the judge that your delay is unreasonably long. Because there is no clear definition in the statues what is considered unreasonable delay, it is up to the judge to decide.

In several immigration-related cases the courts considered that a waiting longer than 2 years is unreasonable, but I saw cases when even longer times were not considered unreasonable. If in your USCIS district office the processing time for N-400 application is half or less than your waiting time, you may consider filing a lawsuit. Otherways your chances are minimal.

 

[hopeforall2]

Paz, please help

In anticipation to any law change affecting our ability to peruse court help in expediting our cases, can I tell my lawyer to talk to the court to change the agreed adjournment with the AUSA to include a wording that " If AUSA wants to adjourn the case then he must agree to the court jurisdiction regardless of any changes expected to be passed by congress affecting the case process ”

The Judge already ordered the adjournment to Mid July 2007.

My concern is that, if any amendment is passed, then I will be stuck for good.

Thanks.