Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Citizenship and Immigration Services
Texas Service Center
Dallas, Texas
Fax # (214) 962-2632
Date:____________________
To: Evelyn Upchurch, Director
Request to Expedite Processing of Petition/Application
I am not an expert in legal issues... but don't agree to postponing the date.
My arguements would be this:
a) what is his reason to postpone ?
b) He has to tell the court whether a visa number has been pre-allocated to your case. If not.. without the court ordering so.. USCIS & DHS will not give a GC to you until visa numbers become current for you.
c) To postpone.. ask AUSA to give in writing that they will give GC to you within a specific deadline say 60 days from Feb Memo.. (NOT 60 days from dates being current..)
d) Submit supplemental pleadings to court with the new memo.. add DOS as defendant if not done earlier. Add estoppel arguments.(look at Liston v Chertoff for a related example)
e) I guess we can modify our request for relief saying:
i)grant backdated GC, 180 days from I-485 receipt date
or
ii)Compel DOS to release visa number & grant GC 60 days from Feb'08 memo
e) Tell AUSA that you intend to appeal if you lost in district court and they wont' have option to moot it before circuit court give their opinion in your favor.
My arguements would be this:
a) what is his reason to postpone ?
b) He has to tell the court whether a visa number has been pre-allocated to your case. If not.. without the court ordering so.. USCIS & DHS will not give a GC to you until visa numbers become current for you.
c) To postpone.. ask AUSA to give in writing that they will give GC to you within a specific deadline say 60 days from Feb Memo.. (NOT 60 days from dates being current..)
d) Submit supplemental pleadings to court with the new memo.. add DOS as defendant if not done earlier. Add estoppel arguments.(look at Liston v Chertoff for a related example)
e) I guess we can modify our request for relief saying:
i)grant backdated GC, 180 days from I-485 receipt date
or
ii)Compel DOS to release visa number & grant GC 60 days from Feb'08 memo
e) Tell AUSA that you intend to appeal if you lost in district court and they wont' have option to moot it before circuit court give their opinion in your favor.
Boston USCIS office
I don't know if you should address someone in particular when writing to local USCIS office esp. if you don't know the name or title.
Following link advises on when writing to local office, how to add the "Attn:" and add the type of inquiry or request . The example given is "ATTN: Status Inquiry"
http://www.uscis.gov/portal/site/us...nnel=54519c7755cb9010VgnVCM10000045f3d6a1RCRD
It's ok to send a letter to their mailing address but add "Attn: Expedite Request for I-485 application" or something like that.
If you can manage to go their personally since they also take walk-in visits, you can ask the IO at the window.
I don't know if you should address someone in particular when writing to local USCIS office esp. if you don't know the name or title.
Following link advises on when writing to local office, how to add the "Attn:" and add the type of inquiry or request . The example given is "ATTN: Status Inquiry"
http://www.uscis.gov/portal/site/us...nnel=54519c7755cb9010VgnVCM10000045f3d6a1RCRD
It's ok to send a letter to their mailing address but add "Attn: Expedite Request for I-485 application" or something like that.
If you can manage to go their personally since they also take walk-in visits, you can ask the IO at the window.
email from senator's office
Got this email from the Senator's office, when I inquired about the new memo and the status now...
***************
This internal memo is confirmed. However, now the response from the U.S. CIS is that although they will start to adjudicate cases that are pending the background checks, the numbers of thos pending I-485 are in the tens of thousands, so the Service cannot predict when they will be reached in any event. The memo offers relief, but certainly not immediate relief….and I am sure a determination is going to be made to take the oldest cases first. There are thousands of cases that are five or more years old.
Sorry, nothing positive here really.
*********
Simply ridiculous!
Got this email from the Senator's office, when I inquired about the new memo and the status now...
***************
This internal memo is confirmed. However, now the response from the U.S. CIS is that although they will start to adjudicate cases that are pending the background checks, the numbers of thos pending I-485 are in the tens of thousands, so the Service cannot predict when they will be reached in any event. The memo offers relief, but certainly not immediate relief….and I am sure a determination is going to be made to take the oldest cases first. There are thousands of cases that are five or more years old.
Sorry, nothing positive here really.
*********
Simply ridiculous!
According to congressman's office
Learned that Boston USCIS thinks that it may be at least 30 days before they can start working on how to handle these cases. They may hire more personnel. My case is not pending at Boston office but NSC. She hadn't received response from NSC yet but wanted to update me to give me an idea how different district offices are handling this situation.
There's talk of picking up older cases first which makes me think when will my case be up for adjudication?
I think let's not rule out WOM completely if things continue to be sluggish or not work out for later filers!!
I tried to get a sense of when my turn be in the line but couldn't.
Others what are you hearing? Does anyone know how far back cases are in new queue at NSC? Was anyone able to move their case(get an officer assigned, get some concrete action done etc) and how?
Learned that Boston USCIS thinks that it may be at least 30 days before they can start working on how to handle these cases. They may hire more personnel. My case is not pending at Boston office but NSC. She hadn't received response from NSC yet but wanted to update me to give me an idea how different district offices are handling this situation.
There's talk of picking up older cases first which makes me think when will my case be up for adjudication?
I think let's not rule out WOM completely if things continue to be sluggish or not work out for later filers!!
I tried to get a sense of when my turn be in the line but couldn't.
Others what are you hearing? Does anyone know how far back cases are in new queue at NSC? Was anyone able to move their case(get an officer assigned, get some concrete action done etc) and how?
I've heard that they promised to clear NC backlogged cases by the end of April
Nebraska Center----and----congressman Office UPDATES
NEBRASKA OFFICE:
I just got off the phone with an IO from the Nebraska office.
they have backlogs on all applications.
my cases where always assigned to MSC (missouri) and my latest EAD was sent to Nebraska for some reason.
IO confirmet that they are processing right now EAD's received oct 31 2007.
So for the ones out there freaking out, you can go to your local office and file for an extention as the IO recommended.
He was very nice, i also asked if he can help with the I-485 he took the receipt number and then told me he can only see that its pending.
he had no access to the Missoury center records.
POJ did not work for my I-485, it always sends me to the customer service ignorants. it only worked for the EAD.
does anyone know of a fax number for the MSC center?
CONGRESSMAN OFFICE REPLY:
Dear Mr. XXXXXXX,
It is still true that our office cannot expedite your case. Our office did receive the information on the new I-485 processing guidelines. However, it is my understanding that USCIS is going to process the cases in order of filing. There are thousands of cases, and many individuals have been waiting as long as three or four years for their name checks to clear. I would guess that it may still be a long process for you.
USCIS is just beginning to assign cases to officers so that they can be adjudicated. They will not have any new information on your case at this point. I can only advise you to wait until USCIS contacts you with an update on your petition.
NEBRASKA OFFICE:
I just got off the phone with an IO from the Nebraska office.
they have backlogs on all applications.
my cases where always assigned to MSC (missouri) and my latest EAD was sent to Nebraska for some reason.
IO confirmet that they are processing right now EAD's received oct 31 2007.
So for the ones out there freaking out, you can go to your local office and file for an extention as the IO recommended.
He was very nice, i also asked if he can help with the I-485 he took the receipt number and then told me he can only see that its pending.
he had no access to the Missoury center records.
POJ did not work for my I-485, it always sends me to the customer service ignorants. it only worked for the EAD.
does anyone know of a fax number for the MSC center?
CONGRESSMAN OFFICE REPLY:
Dear Mr. XXXXXXX,
It is still true that our office cannot expedite your case. Our office did receive the information on the new I-485 processing guidelines. However, it is my understanding that USCIS is going to process the cases in order of filing. There are thousands of cases, and many individuals have been waiting as long as three or four years for their name checks to clear. I would guess that it may still be a long process for you.
USCIS is just beginning to assign cases to officers so that they can be adjudicated. They will not have any new information on your case at this point. I can only advise you to wait until USCIS contacts you with an update on your petition.
I just called IO and ask for how to expedite my case regarding the new memo. She mentioned that I need to fit the critial which everybody here are over 180days. USCIS should contact with me by Mar 10th. If I was not contacted by that time, call them. That is newest policy she advised. When I ask for tel and fax for Boston office, she said no.
That is the update from my phone call.
That is the update from my phone call.
My I-485 is current now
Can't believe my eyes. Just checked visa bulletin by myself and it showed a big move from last month. I am in the category of EB2, China. I still remember that in the AUSA's opp to my MSJ, she mentioned that it is very likely the visa number cutoff date won't move in the next a few months.
Now name check is gone (almost), and the visa number is moving forward promisingly. My AUSA called yesterday about extending the MSJ hearing to give her more time to solve the case. I was concerned about the retrogression issue and was wondering why she became eager on my case if no Visa number available. Now the visa bulletin explains everything. The visa bulletin hasn't been released until today. It appears that they do have insider information so they know about the news ahead of its being publicized.
Now they have absolutely no excuse for adjudicating my applications. I hope the best out of this, for mine and my wife's application, and for all people being stuck with the bureaucracy for so long.
Can't believe my eyes. Just checked visa bulletin by myself and it showed a big move from last month. I am in the category of EB2, China. I still remember that in the AUSA's opp to my MSJ, she mentioned that it is very likely the visa number cutoff date won't move in the next a few months.
Now name check is gone (almost), and the visa number is moving forward promisingly. My AUSA called yesterday about extending the MSJ hearing to give her more time to solve the case. I was concerned about the retrogression issue and was wondering why she became eager on my case if no Visa number available. Now the visa bulletin explains everything. The visa bulletin hasn't been released until today. It appears that they do have insider information so they know about the news ahead of its being publicized.
Now they have absolutely no excuse for adjudicating my applications. I hope the best out of this, for mine and my wife's application, and for all people being stuck with the bureaucracy for so long.
According to the new Visa Bulletin, mine is current now. No wonder the AUSA called me to extend the date. I hope yours become current too. That was just too much hassle although I was almost ready to fight against them. Keep the momentum, man. Your posts, together with others, often provide the most insightful and related information to me. You deserve the relief asap.
Thanks.
I would recommend taking an infopass with local office and get an IO to tell you that your status is:
"Preadjudicated and assigned to IO" or atleast pre-adjudicated under review".
You may show them the new memo if required.
Save the name of IO for future reference.
Remember, this bulletin is valid for about 30 days.. so you should expect a GC within 30 days. Get your AUSA to promise you a preallocated visa number if otherwise.
Good luck..
For namecheck there is WOM. But for retrogression there is only hell
I would recommend taking an infopass with local office and get an IO to tell you that your status is:
"Preadjudicated and assigned to IO" or atleast pre-adjudicated under review".
You may show them the new memo if required.
Save the name of IO for future reference.
Remember, this bulletin is valid for about 30 days.. so you should expect a GC within 30 days. Get your AUSA to promise you a preallocated visa number if otherwise.
Good luck..
For namecheck there is WOM. But for retrogression there is only hell
For namecheck there is WOM. But for retrogression there is only hell
WOM should be able to beat retrogression if filed when PD is current. Do not give up. Hell is reserved for those who make people suffer (and there is no retrogression to get there
).I think we missed an important part of the new memo in all this excitment.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't IJ able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information"
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't IJ able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information"
NSC update and ...
Spoke to IO at NSC. First he wasn't able to find if my case was transferred to NSC. After I told him that I did receive transfer notice, he looked some more and found out that it was transferred. After confirming my name, DOB and address he said he will let the regular sweeps take care of scheduling the FP as my address us current.
When I told him the name of the IO I spoke to who apparently entered FP letter request on 02/08/2008, he was little more cooperative and said he had to stay the phone lines little bit and between the two they will sort it out. Keeping my fingers crossed.
On a separate note, following post got me worried:
http://boards.immigrationportal.com/showthread.php?t=274012
I myself opted to get $20 check from a lawsuit (not filed by me) against credit card companies on settlement for fee charged on foreign transactions, will that come to haunt me.
I have given my consent online to receive the $20 check but haven't received the check. Anyone else received the similar letter in the mail?
Spoke to IO at NSC. First he wasn't able to find if my case was transferred to NSC. After I told him that I did receive transfer notice, he looked some more and found out that it was transferred. After confirming my name, DOB and address he said he will let the regular sweeps take care of scheduling the FP as my address us current.
When I told him the name of the IO I spoke to who apparently entered FP letter request on 02/08/2008, he was little more cooperative and said he had to stay the phone lines little bit and between the two they will sort it out. Keeping my fingers crossed.
On a separate note, following post got me worried:
http://boards.immigrationportal.com/showthread.php?t=274012
I myself opted to get $20 check from a lawsuit (not filed by me) against credit card companies on settlement for fee charged on foreign transactions, will that come to haunt me.
I have given my consent online to receive the $20 check but haven't received the check. Anyone else received the similar letter in the mail?
Got Oath Letter Today
I am so in shock. Could this actually be happening, after more than 4 years of being stuck in the name check process?
All I can say is that a lawsuit DOES work and is the only thing that works (for N400 anyway. Now GC has new guidelines). I am sooooo grateful for all the posts on this forum and your generosity (and Lazycis deserves a big round of applause). I feel extremely fortunate to have stumbled upon this forum and be the recipient of a great amount of priceless information. Due to my limited knowledge I have not been able to contribute much.
Here is my timeline, for reference for others in a similar situation.
N400 filed - Nov 2003
FBI received name check request - Jan 2004
Citizenship interview/exam - May 2004
Stuck in name check...
Found this website - August 2007
Filed 1447b lawsuit pro se - October 2007
US Attorney MTD (after an extension) - Jan 19, 2008
Oath letter - Feb 11, 2008
I agree with all the others: the key is not to win the lawsuit. It's to get USCIS to request expedited name check from the FBI on your name. It can only be triggered by a lawsuit (as far as I know).
In terms of tips to share, I did go to a local law library and did a bit of research. I found that WoM cases were discussed in a continuing education session for the local bar association. There was a sample lawsuit as well as whom to serve. I also wrote down the two attorneys teaching the seminar. They would be the ones I would go to, if I hired an attorney.
However, if you read this forum regularly, there was little new information from those attorneys that this forum didn't cover. It was just reassuring to know that the lawyers don't know more than we do.
Keep up the good fight! Thanks again everyone.
I am so in shock. Could this actually be happening, after more than 4 years of being stuck in the name check process?
All I can say is that a lawsuit DOES work and is the only thing that works (for N400 anyway. Now GC has new guidelines). I am sooooo grateful for all the posts on this forum and your generosity (and Lazycis deserves a big round of applause). I feel extremely fortunate to have stumbled upon this forum and be the recipient of a great amount of priceless information. Due to my limited knowledge I have not been able to contribute much.
Here is my timeline, for reference for others in a similar situation.
N400 filed - Nov 2003
FBI received name check request - Jan 2004
Citizenship interview/exam - May 2004
Stuck in name check...
Found this website - August 2007
Filed 1447b lawsuit pro se - October 2007
US Attorney MTD (after an extension) - Jan 19, 2008
Oath letter - Feb 11, 2008
I agree with all the others: the key is not to win the lawsuit. It's to get USCIS to request expedited name check from the FBI on your name. It can only be triggered by a lawsuit (as far as I know).
In terms of tips to share, I did go to a local law library and did a bit of research. I found that WoM cases were discussed in a continuing education session for the local bar association. There was a sample lawsuit as well as whom to serve. I also wrote down the two attorneys teaching the seminar. They would be the ones I would go to, if I hired an attorney.
However, if you read this forum regularly, there was little new information from those attorneys that this forum didn't cover. It was just reassuring to know that the lawyers don't know more than we do.
Keep up the good fight! Thanks again everyone.
Last edited by a moderator:
TLongTLong
Registered Users (C)
Update of my case
Update of my case:
USCIS has sent email to me that the I-485 for all my family members have been approved on Feb. 8, 2008. My AUSA has also sent me an email to notify the new USCIS policy regarding name-check. I am actually taking vacation in China now when I checked my email and found these. So, that is the end of my journy.
I would thank lazycis, Slow_CIS, and all the friends here on this forum. Without your so kind and so generous help, I might have given up my fight a while ago. I would still show up on this forum, like lazycis, I would more than happy to answer any questions as much as I can. I would also be happy to send you any document of my lawsuit file as reference, which, however, seems not necessary anymore, since it seems that the new policy about the name-check is true and all the delays of I-485 due to name-check will soon become past story.
All the best wishes to all of your, my friends!
Update of my case:
USCIS has sent email to me that the I-485 for all my family members have been approved on Feb. 8, 2008. My AUSA has also sent me an email to notify the new USCIS policy regarding name-check. I am actually taking vacation in China now when I checked my email and found these. So, that is the end of my journy.
I would thank lazycis, Slow_CIS, and all the friends here on this forum. Without your so kind and so generous help, I might have given up my fight a while ago. I would still show up on this forum, like lazycis, I would more than happy to answer any questions as much as I can. I would also be happy to send you any document of my lawsuit file as reference, which, however, seems not necessary anymore, since it seems that the new policy about the name-check is true and all the delays of I-485 due to name-check will soon become past story.
All the best wishes to all of your, my friends!