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

As I know of, severl friends of mine have LUD on their cases in the past several days. Apparently, since this new interoffice memo is out, they are starting to clean up the old remainings from past several year. So stay put! I guess good news will come to all of you pretty soon.

I called NSC and apparently they haven't received any policy change notification etc. Anybody else had similar experience with them?

My case was transferred from TSC to NSC on Nov 26,2007. The guy on the phone said that the case is still new in the system and needs some time to settle down in the system.

Please share your experience about NCS or InfoPass if this memo is being recognized by them and are they entertaining the request to look into the cases?
 
zlcjf, were those in NSC?

Do you know if their NC were cleared or was it because of this interoffice memo?

As I know of, severl friends of mine have LUD on their cases in the past several days. Apparently, since this new interoffice memo is out, they are starting to clean up the old remainings from past several year. So stay put! I guess good news will come to all of you pretty soon.
 
lazycis-
Do you think this memo will give ammo to those who actually endured this pain unnecessarily for years and them got approved? The unlucky folks who filed between 2001 and 2006.

Do you think we will have a better case in our future fight for retroactive approval dates of our GC so that we can file for citizenship sooner?

I feel sick that I had to endure this sh!t just because I happened to apply in that time frame.


duggils1

Finally, the decisive victory for all us sufferers! The USCIS issued a memorandum to change its policy regarding name checks. The completion of FBI name check is no longer required before application for immigration benefit (except naturalization applications) can be adjudicated!!!
 
lazycis-
Do you think this memo will give ammo to those who actually endured this pain unnecessarily for years and them got approved? The unlucky folks who filed between 2001 and 2006.

Do you think we will have a better case in our future fight for retroactive approval dates of our GC so that we can file for citizenship sooner?

I feel sick that I had to endure this sh!t just because I happened to apply in that time frame.


duggils1

I think we have a very good cause to backdate our GCs. It is clear now that they should've considered our I-485 in 180 days. I am just not sure how to proceed - file a complaint now or wait a couple years and apply for naturalization at 5.5 year mark after I-485 receipt date and fight N-400 rejection (if it happens) in court. To be honest, I need some rest now. Will think about it later. A lot was going on lately, hopefully I'll be able to retire from this thread soon :)
 
Nsc Info

Hey Jefkorn
i am not sure if the officer you spoke to is saying the truth or is trying to keep people away. the memo was sent to all directors and mangers of local centers and main serivce centers.

do you mind sharing the NSC phone and fax number. i might send them a letter and a copy of the memo.

i prepared a letter that i will fax with a copy of the memo to my local office in Detroit. i got to find their number.


We all know that waiting for them to do the work means it will take for ever.
faxing some documents will not hurt.

thanks




I called NSC and apparently they haven't received any policy change notification etc. Anybody else had similar experience with them?

My case was transferred from TSC to NSC on Nov 26,2007. The guy on the phone said that the case is still new in the system and needs some time to settle down in the system.

Please share your experience about NCS or InfoPass if this memo is being recognized by them and are they entertaining the request to look into the cases?
 
NSC has confirmed that Expedite Requests may be faxed to the following numbers: 402-219-6344 or 402-219-6171. Faxed Expedite Requests should include a brief explanation of the qualifying basis for expedite review (see list below) and be accompanied by evidence (preferably limited to one or two pages). Expedite processing is NOT available for premium processing-eligible forms unless the petitioner is a not-for-profit entity.

http://www.berdklauss.com/?p=22
 
Thank God for Judge Baylson! Deserves Real Flowers

Finally, the decisive victory for all us sufferers! The USCIS issued a memorandum to change its policy regarding name checks. The completion of FBI name check is no longer required before application for immigration benefit (except naturalization applications) can be adjudicated!!!
Excellent Decision - Deserves Flowers
 
What to include in the expedite request?

Thanks again for this important info. What do you think should be the reason for expedite? Just the fact that NC was pending for more than 180 days?
NSC has confirmed that Expedite Requests may be faxed to the following numbers: 402-219-6344 or 402-219-6171. Faxed Expedite Requests should include a brief explanation of the qualifying basis for expedite review (see list below) and be accompanied by evidence (preferably limited to one or two pages). Expedite processing is NOT available for premium processing-eligible forms unless the petitioner is a not-for-profit entity.

http://www.berdklauss.com/?p=22
 
preadjudicated under review on Nov'01,2007

Lazycis,others:
I took infopass today and spoke to IO. She told my case was preadjudicated and under review on Nov 1st! My 485 priority date retrogressed in January, so Iam expecting things to move ahead. She indicated that a visa number may have been allocated.
Iam holding my fingers crossed.
I mailed my AUSA that I intend to amend my complaint to compel a backdated GC.
I am taking a break for a while now.. Its been too much of a roller-coaster last couple of weeks..
 
Expedite Request

WHAT SHOULD WE SEND WITH THE EXPEDITE REQUEST ??


NSC has confirmed that Expedite Requests may be faxed to the following numbers: 402-219-6344 or 402-219-6171. Faxed Expedite Requests should include a brief explanation of the qualifying basis for expedite review (see list below) and be accompanied by evidence (preferably limited to one or two pages). Expedite processing is NOT available for premium processing-eligible forms unless the petitioner is a not-for-profit entity.

http://www.berdklauss.com/?p=22
 
Hmm....I did a bit of research on yahoo and google and I could only find information about this memorandum on this forum.

I am not sure I should be optimistic. The memo was written on Feb. 4 but how long will it be before the service centers and field offices start using them? I am thoroughly confused that if that is all that was needed, why did USCIS let the situation come to this...

I am just hoping and praying that this memo and its implementation is for real. I've been stuck since Aug. 2004 in the namecheck and so far the last LUD on my case was in 04/07...

If this memo is implemented, then I don't think we need to send expedited requests.
 
Hmm....I did a bit of research on yahoo and google and I could only find information about this memorandum on this forum.

LUD on my case was in 04/07...

If this memo is implemented, then I don't think we need to send expedited requests.

I found it on the AILA website, so it is obviously in the public domain now.

http://www.aila.org/RecentPosting/RecentPostingList.aspx

seach for "aytes"

And I agree about no need to expedite, that is not the purpose of that process.
 
To actually view the file on AILA's web site you have to be a member but the title of document does show up.
"
USCIS Memo: Revised National Security Adjudication and Reporting Requirements (.pdf 97 KB)

This February 4, 2008, USCIS Michael Aytes memorandum modifies existing guidance regarding background and security checks on applicants, petitioners and beneficiaries seeking certain immigration benefits. AILA Doc. No. 08020760.
"

I found it on the AILA website, so it is obviously in the public domain now.

http://www.aila.org/RecentPosting/RecentPostingList.aspx

seach for "aytes"

And I agree about no need to expedite, that is not the purpose of that process.
 
press coverage

Not sure if a judge can accept flowers from plaintiffs(in other districts) :)
But better still, is good press coverage about this judgement. Somebody in
AILA or ACLU or WOM lawfirms should be able to get this..
The title should be something like:
"GOVT BROUGHT TO KNEES BY FEDERAL JUDGE REGARDING LEGAL IMMIGRANTS"
or
"LEGAL IMMIGRANTS FAITH IN U.S. JUDICIAL SYSTEM VINDICATED"

Excellent idea.

Michael M. Baylson
United States District Court for the Eastern District of Pennsylvania
U.S. Courthouse
601 Market Street, Room #3810
Philadelphia, PA 19106-1727
 
What can be done to get closer to adjudication?

So what's the strategy for those waiting for longer than 180 days for NC clearance esp. if their priority date is current and visa numbers are available too?

What are you doing to take advantage of this memo? Any creative ideas?
 
So what's the strategy for those waiting for longer than 180 days for NC clearance esp. if their priority date is current and visa numbers are available too?

What are you doing to take advantage of this memo? Any creative ideas?

The best strategy is to file a lawsuit. Delay more than 180 days is no longer reasonable :)
 
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