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

350 bucks for pro-se and they will preadjudicate your application before this becomes the next backlog elimination issue for USCIS :)
Maybe not even 350 bucks.. check earlier posting on how to file for lesser fees...
lazycis said:
The best strategy is to file a lawsuit. Delay more than 180 days is no longer reasonable :)
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lazycis

I do agree but do you think there are other ways outside WOM to get them moving after the memo came out. Calling the NCSC phone line, writing to congress or InfoPass etc. I have an InfoPass appointment tomorrow and will update you all if that's of any help.

lazycis said:
The best strategy is to file a lawsuit. Delay more than 180 days is no longer reasonable :)
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FBI is out of the loop now(atleast for 485 adjudication)
Who knows when they will complete namechecks for all 485 applicants.. why should one even care...
Remember, all new resources at FBI for namecheck is for naturalization applicants.
Now USCIS has no one to blame for failing to adjudicate applications if namecheck is the only issues.
Guys.. if your fingerprints expired.. you should be doing it soon...
fataquie said:
I checked the link and http://www.aila.org/RecentPosting/RecentPostingList.aspx and it does show the revised memo.

Lets keep our fingers crossed and hope that we get cleared soon of this Namecheck stigma :) Since there are so many cases pending in NC, it may take FBI a month or two to clear all the pending cases.
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lazycis,
I hope you get some well deserved time off from this thread. Your contribution to this thread in general and the folks who are stuck in the NC hell has been extraordinary. This thread has revived the hopes of a lot of people who were caught in this helpless situation.

Do let me know when you are ready to take on the USCIS again. I want to join forces with you from the get go this time.

I will send you a PM with my contact info so we can keep in touch.

God bless you!

Assur- I sincerely hope this memo puts an end to your misery. I can only imagine what you must have gone through all these years.

duggils1

lazycis said:
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 :)
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The memo says that FBI can continue doing it NC and hopefully it will bring its NC procedure within 6 months' processing time.

What this memo does is to decouple FBI name check results from adjudication of I485 in cases where the NC request has been pending for more than 6 months..certainly a welcome news!

USCIS is still responsible for adjudication of I485 applications in addition to host of other immigration applications.

fataquie said:
I checked the link and http://www.aila.org/RecentPosting/RecentPostingList.aspx and it does show the revised memo.

Lets keep our fingers crossed and hope that we get cleared soon of this Namecheck stigma :) Since there are so many cases pending in NC, it may take FBI a month or two to clear all the pending cases.
Click to expand...
 
jefkorn said:
I do agree but do you think there are other ways outside WOM to get them moving after the memo came out. Calling the NCSC phone line, writing to congress or InfoPass etc. I have an InfoPass appointment tomorrow and will update you all if that's of any help.
Click to expand...

Well, I am not sure. Suddenly 75,000 I-485s are ready for adjudication. What do you expect the USCIS to do? If they work day and night, it may take them a month or two.
 
File WOM before the memo is public.. That ways.. you can argue that you never knew about this memo :)
They might soon bring a public memo.. that first preference is to settle WOM lawsuits and then other plaintiffs..who knows..
They might even backtrack.. few months later.. like the Dec 06 Memo & Feb 07 Memo.
Remember memo's are neither statutes nor regulations......

lazycis said:
Well, I am not sure. Suddenly 75,000 I-485s are ready for adjudication. What do you expect the USCIS to do? If they work day and night, it may take them a month or two.
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duggils1 said:
lazycis,
I hope you get some well deserved time off from this thread. Your contribution to this thread in general and the folks who are stuck in the NC hell has been extraordinary. This thread has revived the hopes of a lot of people who were caught in this helpless situation.

Do let me know when you are ready to take on the USCIS again. I want to join forces with you from the get go this time.

I will send you a PM with my contact info so we can keep in touch.

God bless you!

Assur- I sincerely hope this memo puts an end to your misery. I can only imagine what you must have gone through all these years.
Thanks Dear, I am happy that I will cross-over with all companions not alone.
duggils1
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.
 
Guys! you are scaring me..I hope they don't do that. The only hurdle in filing WOM is what might be considered unreasonable delay in the eyes of the judge in the plaintiff's district. If the case gets dismissed at the very outset, then plaintiff is back to square one!

I have already emailed congressman and senator with a copy of the memo to ask NSC to process my I-485 application. Let see if they reply to that and do something about it, now that they don't have the NC-pending-cant-do-anything excuse!!
 
lazycis said:
The best strategy is to file a lawsuit. Delay more than 180 days is no longer reasonable :)
Click to expand...

I have an N-400 application. Even though this doesn't appy to N-400, I'm going to use this memo to argue that 180+ days is not reasonable (contrary to the US Attorney's MTD). Thanks Lazycis!

(It's 1,381 days, to be exact)
 
The memo doesn't mention I-130?

Hello everyone,

I read the memo; one thing I noticed was that it didn't mention I-130. So for those of us (like myself) who filed I-130 and I-485 concurrently, would this memo apply? Because they could say that the I-485 is contingent on I-130, which is not being expedited???

Also, I checked on the AILA website but the memo could only be downloaded by members. DOes anyone have the pdf of the memo please?

Thanks...
 
imhrb said:
Hello everyone,

I read the memo; one thing I noticed was that it didn't mention I-130. So for those of us (like myself) who filed I-130 and I-485 concurrently, would this memo apply? Because they could say that the I-485 is contingent on I-130, which is not being expedited???

Also, I checked on the AILA website but the memo could only be downloaded by members. DOes anyone have the pdf of the memo please?

Thanks...
Click to expand...
here you go
Mocanu_New_USCIS_NC_Procedures 7 Feb 08.pdf
 
I think everyone should write thank you notes to all senators/congressman who helped them enquire about namecheck delays and give this issue lot of publicity. That way.. USCIS will be forced to publicly acknowledge it's great step FORWARD for legal immigrants. That will make it tough for them to go back on it later...
They should also publicly request that 485 applicants no longer file WOM :)
that they no longer want to waste taxpayers money on paying AUSA to lie for them in courts.
 
Sign of relief

wom_ri said:
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..
Click to expand...

wo_ri/lazycis,others:

It seems whats missing on this memo there is no mandate or executive order to start any action or enforcement of this memo.
Wom_ri, what would be the legal basis for brining a suite for backdating?
the law regarding filing requirements reads as follows:

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:
the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;
the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and
the applicant meets all other naturalization requirements.

However, another USCIS document, describes that the LPR married to US citizen, should wait three years after the issue date of LPR.

Thanks to Lazycis and lets not forget another member whos been a real help in this forum PAZ1960..
thanks to you all
Palang
 
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