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

[MK_Calif]

Good news about my case in Northern Calif

I just got a call and an email from the district office, asking me to sign to dismiss my case.

As you probably have seen from previous posts from other members, here is actual wording.

Plaintiff, appearing pro se, and Defendants, by and through their attorneys of record, hereby stipulate, subject to the approval of the Court, to dismissal of the above-entitled action without prejudice in the light of the fact that the United States Citizenship and Immigration Services is now prepared to adjudicate plaintiff's application for naturalization and agrees to adjudicate such application within 30 days of the dismissal of this action.
Each of the parties shall bear their own costs and fees.

Here are the dates:
10/12/2005: Applied for US citizenship
11/14/2005: Namecheck initiated by INS
2/23/2006: Passed interview but name check pending
5 infopass appts, 3 letters to INS inquiring about status and 10 letters sent to senators/congressman/Laura Bush etc etc later, the namecheck situation is still not resolved.
10/19/2007: Filed lawsuit.
10/23/2007: All certified letters sent out!!
11/23/2007: 2nd Fingerprint
11/29/2007: phone call and email from District court

Should I sign? I will make an infopass appt to check the status of my case. Should I sign after the appt?

 

[frustrated_alot]

Congrats to Lazy_CIS!

Lazy_CIS,
I just read the good news. I have been absent because i have been sick with strep throat. Congrats. This is a well deserved victory. You have helped others willingly to their own victory, now revel in your own. CONTRATULATIONS!

 

[lazycis]

Love it!

Hey, thank you guys! This is a great feeling.

 

[lazycis]

Looks like I have to drop the appeal

I've got three orders from the circuit court yesterday, one of them is the scheduling order for oral argument, one - allowing AILF motion to file amicus brief.

My conversation with AILF:

Me:
The more I think about it, the more I feel that the case has a chance to qualify for mootness exception - "capable of repetition, yet evading review" (Southern Pacific Terminal Co. v. ICC, 219 U.S. 498 (1911)). If the average time for processing AOS is 6 months (according to the USCIS congressional reports), the USCIS can delay I-485 processing indefinitely unless an applicant files a lawsuit. The USCIS then has enough time to process an application and evade judicial review. I know two similar appeals (4th and 3rd Cir.) where the appellants were granted permanent residency before circuit courts could rule on the cases.

AILF:
Here is a passage from a D.C. Circuit case - Liu v. INS, No. 00-5345

"By 'capable of repetition' the Supreme Court now means a 'reasonable expectation that the same complaining party would be subjected to the same action again.' " Christian Knights of the Ku Klux Klan Invisible Empire, Inc. v. District of Columbia, 972 F.2d 365, 370 (D.C. Cir. 1992) (quoting Weinstein v. Bradford, 423 U.S. 147, 149 (1975) (per curiam)). Since he has been granted EB-1 status, it is extremely unlikely that Dr. Liu would be subjected to the same challenged action (i.e., a denial of a national interest waiver) in the future.

I doubt I'll ever apply for another I-485

 

[Hiram]

FBI Delays To End

FBI Delays To End

Immigration Daily has learned that the FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move to this new process is not just better customer service for benefits applicants but also because it will enhance national security (our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name check delays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get its act together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit for forcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon). Stay tuned.

source: Immigration Daily http://www.ilw.com


We welcome readers to share their opinion and ideas with us by writing to mailto:editor@ilw.com

law suits did work !!!!!!!!!

 

[assur]

FBI Delays To End

Immigration Daily has learned that the FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move to this new process is not just better customer service for benefits applicants but also because it will enhance national security (our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name check delays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get its act together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit for forcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon). Stay tuned.

source: Immigration Daily http://www.ilw.com


We welcome readers to share their opinion and ideas with us by writing to mailto:editor@ilw.com

law suits did work !!!!!!!!!

Very encouraging news. Hope for good.

 

[Cybex]

same complaining party as a subject to the same action again

"By 'capable of repetition' the Supreme Court now means a 'reasonable expectation that the same complaining party would be subjected to the same action again.' "
I doubt I'll ever apply for another I-485

Lazycis, my understanding is that delay in your case was due to the name check. You might find yourself in exactly the same indefinite wait situation 5 years later, after applying for citizenship. Once subject for hard-coded indefinite name check - always subject for hard-coded indefinite name check. Results are good for 15 months, just like fingerprints.

 

[vine95050]

FBI Delays To End

Immigration Daily has learned that the FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move to this new process is not just better customer service for benefits applicants but also because it will enhance national security (our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name check delays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get its act together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit for forcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon). Stay tuned.

source: Immigration Daily http://www.ilw.com


We welcome readers to share their opinion and ideas with us by writing to mailto:editor@ilw.com

law suits did work !!!!!!!!!

thanks to people who filed wom and the federal judges who responded positively.

 

[lazycis]

I just got a call and an email from the district office, asking me to sign to dismiss my case.

As you probably have seen from previous posts from other members, here is actual wording.

Plaintiff, appearing pro se, and Defendants, by and through their attorneys of record, hereby stipulate, subject to the approval of the Court, to dismissal of the above-entitled action without prejudice in the light of the fact that the United States Citizenship and Immigration Services is now prepared to adjudicate plaintiff's application for naturalization and agrees to adjudicate such application within 30 days of the dismissal of this action.
Each of the parties shall bear their own costs and fees.

Here are the dates:
10/12/2005: Applied for US citizenship
11/14/2005: Namecheck initiated by INS
2/23/2006: Passed interview but name check pending
10/19/2007: Filed lawsuit.
11/29/2007: phone call and email from District court

Should I sign? I will make an infopass appt to check the status of my case. Should I sign after the appt?

Sign it, this is the case where you can do it. Congratulations!

 

[gc_mania]

That is they key

FBI Delays To End
....
If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. ...

Good if this happenz !

 

[paz1960]

Thank your for your respond and wisdom Paz.I really have no intentions to wait god knows how many years for USCIS to complete whatever they claim that needs to be completed and make a decision on my naturalization application.What would be the best time to take action and take this into court and file a 1447(b).Tomorrow i will be compiling a letter to request case status . I have already called and spoke to 3 different agents from the hot line and one of them was a supervisor.I am planning on scheduling a INFOPASS appt as soon as the 120 day dead line is over.Do u think i should
make a FOIA request just incase to show in court that i have tried every remedy and resource . But again most importantly when do u think would be the best time to file 1447(b) in court.Should i wait couple more months
after 120 days dead line or not??

I agree with lazycis' post # 14562.

 

[sk0902]

GUYS , please help me understanding this

uys, I am confused here. I see following message. Yesterday it said that card production ordered. What it means ?

The message says they send me I-797 notice. What is going on?

Current Status: Duplicate notice sent.

On November 30, 2007, a duplicate notice was mailed to you regarding a decision on this case, or describing how we will process the case if it is still pending. Please follow any instructions on the notice. If this I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, contact our customer service at 1-800-375-5283. Note that we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be completed by following the link below for current processing dates. You can also receive automatic-email updates as we process your case by following the link below to register. Your case is at our TEXAS SERVICE CENTER location



__________________

 

[lazycis]

Do not worry, one notice went to your AUSA, one to you. You are good and congrats to you!

 

[AGC4ME]

uys, I am confused here. I see following message. Yesterday it said that card production ordered. What it means ?

The message says they send me I-797 notice. What is going on?

Current Status: Duplicate notice sent.

On November 30, 2007, a duplicate notice was mailed to you regarding a decision on this case, or describing how we will process the case if it is still pending. Please follow any instructions on the notice. If this I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, contact our customer service at 1-800-375-5283. Note that we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be completed by following the link below for current processing dates. You can also receive automatic-email updates as we process your case by following the link below to register. Your case is at our TEXAS SERVICE CENTER location



__________________

You are approved. I got the same exact message.

 

[Slow_CIS]

Lazy

I've got three orders from the circuit court yesterday, one of them is the scheduling order for oral argument, one - allowing AILF motion to file amicus brief.

My conversation with AILF:

Me:
The more I think about it, the more I feel that the case has a chance to qualify for mootness exception - "capable of repetition, yet evading review" (Southern Pacific Terminal Co. v. ICC, 219 U.S. 498 (1911)). If the average time for processing AOS is 6 months (according to the USCIS congressional reports), the USCIS can delay I-485 processing indefinitely unless an applicant files a lawsuit. The USCIS then has enough time to process an application and evade judicial review. I know two similar appeals (4th and 3rd Cir.) where the appellants were granted permanent residency before circuit courts could rule on the cases.

AILF:
Here is a passage from a D.C. Circuit case - Liu v. INS, No. 00-5345

"By 'capable of repetition' the Supreme Court now means a 'reasonable expectation that the same complaining party would be subjected to the same action again.' " Christian Knights of the Ku Klux Klan Invisible Empire, Inc. v. District of Columbia, 972 F.2d 365, 370 (D.C. Cir. 1992) (quoting Weinstein v. Bradford, 423 U.S. 147, 149 (1975) (per curiam)). Since he has been granted EB-1 status, it is extremely unlikely that Dr. Liu would be subjected to the same challenged action (i.e., a denial of a national interest waiver) in the future.

Has the government filed for mootness yet to begin with?

I believe you have a much stronger position than Liu. In fact Liu is a rather exceptional case since he had applied for both outstanding researcher/professor (EB1) and national interest waiver (EB2) and he was challenging the denial of his EB2 while his EB1 was approved. In his case DC Cir. decided not to issue an opinion on the jurisdictional matter.

Delayed I-485 cases, however, is a much more widespread problem in which the government can subject all of the applicant parties and deny their right for due process.
The Supreme Court opinion on Roe v. Wade (1973) regarding the mootness exception is different from that of Weinstein v. Bradford, 423 U.S. 147, 149 (1975). But the question is whether the Supreme Court reversed itself on the latter?
When I quickly looked at the citation signals for Weinstein v. Bradford, I saw that its validity is questioned by citing references, and distinguished by the Supreme Court. There are also instances in the D.C. Court of appeals that did not follow Weinstein's analysis and one in a district of 5th Cir. which questioned its analysis
Anyhow, I do not think your case is nearly as easy as Liu's to be dismissed as moot, particularly since it’s a very hot topic in all districts and since you are a competent fighter.
Does it seem that I am too afraid to be a front runner in the appellate?

 

[dragon66]

uys, I am confused here. I see following message. Yesterday it said that card production ordered. What it means ?

The message says they send me I-797 notice. What is going on?

Current Status: Duplicate notice sent.

On November 30, 2007, a duplicate notice was mailed to you regarding a decision on this case, or describing how we will process the case if it is still pending. Please follow any instructions on the notice. If this I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, contact our customer service at 1-800-375-5283. Note that we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be completed by following the link below for current processing dates. You can also receive automatic-email updates as we process your case by following the link below to register. Your case is at our TEXAS SERVICE CENTER location



__________________

congratulation! i received same notice and got the real card 2 days after that.

 

[lenaf]

Thank your for your respond and wisdom Paz.I really have no intentions to wait god knows how many years for USCIS to complete whatever they claim that needs to be completed and make a decision on my naturalization application.What would be the best time to take action and take this into court and file a 1447(b).Tomorrow i will be compiling a letter to request case status . I have already called and spoke to 3 different agents from the hot line and one of them was a supervisor.I am planning on scheduling a INFOPASS appt as soon as the 120 day dead line is over.Do u think i should
make a FOIA request just incase to show in court that i have tried every remedy and resource . But again most importantly when do u think would be the best time to file 1447(b) in court.Should i wait couple more months
after 120 days dead line or not??

listen to lazyCIS and do not waste your time and efforts on anything, like I did. I mailed warning letter to all parties, then obtained baclground letter from FBI, sent letters to Bush and senators - all this resultless. Only the lawcase can be effective.
Bon courage !

 

[sk0902]

Thanks this forum

You are approved. I got the same exact message.

Thanks AGC4ME, I just wanted to confirm that this is a generalized message for all approval. My f**king lawyer's office could not tell me for sure if it is so. They told me "most likely I am approved".

Anyway, I think I will just enjoy for little bit now, and worry later if something changes.

This forum is really great for those who are not so lucky as others and always have to fight their way out. This is great for others too, who are not so unfortunate.

Bye guys, I don't hope you see you in Citizenship forum in next 5 years because I don't hope you guys to be stuck again in Citizenship application.

Wish best to all of those who are still stuck. Following are the lessons learned.

1. Never hire a lawyer for GC or Citizenship.
2. don't wait too much for these damn papers to get approved. File WOM. It does not hurt more than $400.00.
3. Remain informative about the situation, status and general immigration updates.
4. Keep calling USCIS every two to three weeks to get the status.
5. Once your case is technically out of processing time, contact local congressman / senator / White house / ombudsman and keep the copies of all the correspondence. Will help in WOM, incase you ever have to go that route.
6. Do not pay money to anybody else like "immigrationvoice.org" etc etc.. Those lobby are waste of time and money and somebody else is building their political future on your money. It is better to save those money as may be one day you have to file WOM.
7. Keep praying GOD, his is the ultimate authority.


Disclaimers: Just my opinion, please use you own intelligence.

 

[nmchkvic]

UNBELIEVABLE????
i got a call from local senator's office saying that she received an e-mail from uscis
that my namecheck is cleared from FBI and that lady also requested my i-140 receipt no
and told the senator's office that she is going to get back to them with visa availability..
i will be keep posting more info.
planning to take an info-pass
and if my namecheck is cleared do i am guessing we have to wait until the priority date becomes current?
i was planning to file WOM in couple of weeks.
i still wish i got through WOM so that i get GC regardless of PD and they will understand our pain
anyways please post all ur comments and suggestions..
by the way congractullations LAZY BROTHER on your success.

 

[mfbilgin]

ANOTHER PRO SE VICTORY!!!

Hello all, after waiting 2 years because of namecheck and 80 days following filing 1447(b) now I am citizen.

I cannot adequately express my gratitute for everybody here for their knowledge, support, help and encouragement.


Let me describe my case further for those who have pending cases like I did. I had been waiting since June 2005. I have made numourous calls, infopass visits etc. during this time. They kept telling me that I am in sort of background check. By the time I found out this board I did not exactly know what is the nature of this problem. After I read here that there are thousands of cases and people filing lawsuits I was perplexed but also encouraged. First I decided to write to people first lady, congressmen, senators etc. I even prepared letters etc. Then, after further reading people here I decided to file the suit instead.

On October 12 I filed. This wiki site was my basic reference (whoever uploaded all those info have all my prays). http://en.wikibooks.org/wiki/FBI_name_check
After two weeks I got second fingerprint notice. After that I talked to the state attorney about my case. He was very helpful. He said he will contact USCIS and try to resolve this problem before coming to the judge. ANd I think that is what happened. Last week I got a call from USCIS for scheduling an update interview. In the interview the officer asked me typical questions and also my travel record. Then, he provided me the oath notice for the ceremony 3 days later. After I swore and got my certificate and I went to court and to the attorney to dismiss the case. Monday I am applying for passport.
I am exteremely pleased that my individual attempt to resolve this case through legal means have paid off. Obviously when it happens to so many other people there is no ground for suspicion, concern or waiting further. Attorney told me that he regretted to say that but filing lawsuit works. It really works! Interesting thing is, in my location neither lawyers, not court and attorney's office staff had any idea about such a case. With all the information I got from this board and the wiki site I was even able to guide them at some points.

Now the next hurdle is my spouse's adjustment of status application. I know have so much information about WOM, but I hope at least this time we will go through regular, normal processing. we will file an application as soon as we get the medical exam records and preferrably my passport.

And this is nice Saturday morning....