Hey everyone. Just wanted to share my story and ask for some advice. My husband and I are at our wits end. He applied for citizenship in 2003. Had the interview, passed, submitted additional information that they had asked for. The FBI name check was completed in 2004, and we are still getting the standard reply "waiting on security checks" from uscis. We went ahead and contacted a lawyer and ponied up 2500 assuming that we could get the ball rolling and file for writ of mandamus. Almost one year later! nothing. Lawyer felt it would be best to do another fingerprint check, write letters and other hogwash, basically a complete effing waste of all that money. I am in the process for asking for some of our money back, per their money back guarantee. We are soooooo freaking frustrated at this point. I really just have no clue where to go from here. Any advice is appreciated.
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At wits end
- Thread starter MazzyStar
- Start date
Hey everyone. Just wanted to share my story and ask for some advice. My husband and I are at our wits end. He applied for citizenship in 2003. Had the interview, passed, submitted additional information that they had asked for. The FBI name check was completed in 2004, and we are still getting the standard reply "waiting on security checks" from uscis. We went ahead and contacted a lawyer and ponied up 2500 assuming that we could get the ball rolling and file for writ of mandamus. Almost one year later! nothing. Lawyer felt it would be best to do another fingerprint check, write letters and other hogwash, basically a complete effing waste of all that money. I am in the process for asking for some of our money back, per their money back guarantee. We are soooooo freaking frustrated at this point. I really just have no clue where to go from here. Any advice is appreciated.
The lawyer is trying to build a case by following the whole (long) route of writing senators and officials, and doing another fingerprint before filing a WOM.How long has it been since you had the lawyer involved?
There's a thread about filing your own WOM on this forum which shows some people have been successful . Basically, what you need to show before you file WOM is have results of FOIPA and a track of all the letters and inquiries you have made with the USCIS in trying to prove your case.
Atlanta_Brother
Registered Users (C)
Quick question
Bob,
I am also in the process of filing WOM. I have a quick question. I never went thru FOIPA. How important is that ? Keeping in mind that I have all the responses from senator's office, congressman's office, copy of this letter that I wrote to N-400 supervisor/director and exchange of e-mails between my previous attorney and the supervisor of N-400 at Atlanta DO. Will that be sufficient ? It has been almost 19 months since I had filed my N-400. Went thru 2 sets of FP and was called twice for the interview. No interview was done since Atlanta DO never received my file the service center.
The lawyer is trying to build a case by following the whole (long) route of writing senators and officials, and doing another fingerprint before filing a WOM.How long has it been since you had the lawyer involved?
There's a thread about filing your own WOM on this forum which shows some people have been successful . Basically, what you need to show before you file WOM is have results of FOIPA and a track of all the letters and inquiries you have made with the USCIS in trying to prove your case.
Bob,
I am also in the process of filing WOM. I have a quick question. I never went thru FOIPA. How important is that ? Keeping in mind that I have all the responses from senator's office, congressman's office, copy of this letter that I wrote to N-400 supervisor/director and exchange of e-mails between my previous attorney and the supervisor of N-400 at Atlanta DO. Will that be sufficient ? It has been almost 19 months since I had filed my N-400. Went thru 2 sets of FP and was called twice for the interview. No interview was done since Atlanta DO never received my file the service center.
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I think it stands for Freedom of Information Privacy Act, sometimes people refer to FOIA, i.e. take out the privacy part. I am not an expert on this, but I have always assumed that FOIA refers to public documents, and FOIPA refers to asking for documents about you that are not public, that's why it is private.
My 2 cents.
My 2 cents.
Atlanta_Brother
Registered Users (C)
Need your input also
Huracan,
Could u also throw some light on what I had asked Bob please.
Thanks,
I think it stands for Freedom of Information Privacy Act, sometimes people refer to FOIA, i.e. take out the privacy part. I am not an expert on this, but I have always assumed that FOIA refers to public documents, and FOIPA refers to asking for documents about you that are not public, that's why it is private.
My 2 cents.
Huracan,
Could u also throw some light on what I had asked Bob please.
Thanks,
Hi Atlanta Brother,
I wish I could help you with that, but I don't have any experience in WOM or FOIPA. I have thought a few times about asking for my immigration records out of curiosity, but have never done it. This would be a FOIPA to USCIS. I think people do this FOIPA to show that FBI doesn't have a record on you or something similar. I am not sure how much ammunition this gives to your case, as the FOIPA request might not hit the same issues as the name check.
My 2 cents.
I wish I could help you with that, but I don't have any experience in WOM or FOIPA. I have thought a few times about asking for my immigration records out of curiosity, but have never done it. This would be a FOIPA to USCIS. I think people do this FOIPA to show that FBI doesn't have a record on you or something similar. I am not sure how much ammunition this gives to your case, as the FOIPA request might not hit the same issues as the name check.
My 2 cents.
Bob,
I am also in the process of filing WOM. I have a quick question. I never went thru FOIPA. How important is that ? Keeping in mind that I have all the responses from senator's office, congressman's office, copy of this letter that I wrote to N-400 supervisor/director and exchange of e-mails between my previous attorney and the supervisor of N-400 at Atlanta DO. Will that be sufficient ? It has been almost 19 months since I had filed my N-400. Went thru 2 sets of FP and was called twice for the interview. No interview was done since Atlanta DO never received my file the service center.
The way I understand it is if your case is being held up because of a name or security check delay beyond a reasonable amount of time, then obtaining results of your file with the FBI through FOIPA would be the basis of your WOM. Basicaly you're asking the courts to order the USCIS to take action based on the results of your FBI file. You want to show the courts that the USCIS has not reacted on your case within a reasonable amount of time by evidence of your FBI file and record of communications with the USCIS and public officials.
VivaLasVegas
Volunteer Moderator
This should be a 1447(b) instead of WOM as the OP's husband was interviewed.
Next month will be a year since we've had this lawyer. I guess we just didn't think it would take this long.
Have you asked your lawyer how long they intend to wait before filing a WOM? With proper evidence (FBI FOIPA results and record of past inquiries with USCIS ,senators,etc..) once a WOM is filed you can expect action within 30-90 day .
Again, there's plenty information on filing WOM in main thread.
Atlanta_Brother
Registered Users (C)
Hmmm, dunno about that
Bob,
I have never seen anybody who has requested their FBI information by going thru FOIPA and got anything back but "No records found" FBI will not get back to you by telling you that you have so many cases against you bla bla bla. By telling you that "No records found" does not mean that they are done doing their checks and you are good to go.
As far as my case goes, Atlanta DO has been telling me that all the background checks are done and if the file was here, I would be done and overwith in no time. Atlanta DO is blaming TX for not transferring the file, that's it. Now when I do inquiries from my end using senator and congressman resourses, I get to find out that the file will not be transferred until this additional security check is finished. I have been hearing this story since February of this year. Namecheck is what takes a long time. Now this additional security is something new to me. If it was a IBIS check, still it's a very quick check (couple of days may be). It has taken over 9 months since my first interview call. I bet USCIS has lost or misrouted my file...God knows.
The way I understand it is if your case is being held up because of a name or security check delay beyond a reasonable amount of time, then obtaining results of your file with the FBI through FOIPA would be the basis of your WOM. Basicaly you're asking the courts to order the USCIS to take action based on the results of your FBI file. You want to show the courts that the USCIS has not reacted on your case within a reasonable amount of time by evidence of your FBI file and record of communications with the USCIS and public officials.
Bob,
I have never seen anybody who has requested their FBI information by going thru FOIPA and got anything back but "No records found" FBI will not get back to you by telling you that you have so many cases against you bla bla bla. By telling you that "No records found" does not mean that they are done doing their checks and you are good to go.
As far as my case goes, Atlanta DO has been telling me that all the background checks are done and if the file was here, I would be done and overwith in no time. Atlanta DO is blaming TX for not transferring the file, that's it. Now when I do inquiries from my end using senator and congressman resourses, I get to find out that the file will not be transferred until this additional security check is finished. I have been hearing this story since February of this year. Namecheck is what takes a long time. Now this additional security is something new to me. If it was a IBIS check, still it's a very quick check (couple of days may be). It has taken over 9 months since my first interview call. I bet USCIS has lost or misrouted my file...God knows.
This should be a 1447(b) instead of WOM as the OP's husband was interviewed.
I'm not sure about the details between filing 1447(b) or WOM , but both seem to have the same end result. My suggestion for MazzyStar would be to read up on this on main WOM thread and ask her lawyer of the pros/cons between both.
Have you asked your lawyer how long they intend to wait before filing a WOM? With proper evidence (FBI FOIPA results and record of past inquiries with USCIS ,senators,etc..) once a WOM is filed you can expect action within 30-90 day .
Again, there's plenty information on filing WOM in main thread.
Apparently they are waiting to get the results from the fingerprints they sent in to the fbi. That was a few months ago. After they get the info they need then we are supposed to proceed. The senators office has nothing for us, we've been waiting since January for them to act. We already gave our lawyers a statement from our congressman verifying that the FBI completed the name check in 2004.
I guess what's frustrating is that a friend of my husband's contacted a different lawyer and in two months, they had results. He was told that his letter for the oath ceremony is in the mail. She filed the 1447? I think it is, for his case.
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Bob,
I have never seen anybody who has requested their FBI information by going thru FOIPA and got anything back but "No records found" FBI will not get back to you by telling you that you have so many cases against you bla bla bla. By telling you that "No records found" does not mean that they are done doing their checks and you are good to go.
As far as my case goes, Atlanta DO has been telling me that all the background checks are done and if the file was here, I would be done and overwith in no time. Atlanta DO is blaming TX for not transferring the file, that's it. Now when I do inquiries from my end using senator and congressman resourses, I get to find out that the file will not be transferred until this additional security check is finished. I have been hearing this story since February of this year. Namecheck is what takes a long time. Now this additional security is something new to me. If it was a IBIS check, still it's a very quick check (couple of days may be). It has taken over 9 months sour since my first interview call. I bet USCIS has lost or misrouted my file...God knows.
Have you also tried involving the USCIS ombudsman in your case? Forget about the excuses the USCIS has been giving you and focus on gathering evidence to file your WOM.
Here's the rule of thumb when to file WOM (from main WOM thread)
waiting less than 1 year -not advised unless continued wait would cause harm; 1 - 2 years -should consider WOM; 2+ years - it's time to file
Apparently they are waiting to get the results from the fingerprints they sent in to the fbi. That was a few months ago. After they get the info they need then we are supposed to proceed. The senators office has nothing for us, we've been waiting since January for them to act. We already gave our lawyers a statement from our congressman verifying that the FBI completed the name check in 2004.
I guess what's frustrating is that a friend of my husband's contacted a different lawyer and in two months, they had results. He was told that his letter for the oath ceremony is in the mail. She filed the 1447? I think it is, for his case.
Try asking your lawyer about this.As sachinphadke indicated, 1447(b) seems to be the way to go. When filed correctly, a decision should be quick (as your husban'd friend demonstrated).
Also, have you involved the USCIS ombudsman's office in your case? (not that I think it would do any good at this point).
Who is the ombudsman? Sorry, have no idea. I'm leaving the evidence gathering to our lawyer, but another lawyer I spoke with suggested we file the 1447b versus the WOM. What exactly is the difference? Is the 1447 for people who have already had their interviews?
Edit: Okay, looked up ombudsman. First time hearing about it, but it doesn't seem like that would make things move any faster. Hopefully our lawyer will be ready to file soon.
Edit: Okay, looked up ombudsman. First time hearing about it, but it doesn't seem like that would make things move any faster. Hopefully our lawyer will be ready to file soon.
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You know you are wasting your time by asking questions for which there are answers on the "...lawsuit against USCIS.." stick thread. Some of the answers posters have put here are not entirely correct and one of the main reasons as Sachin pointed out is that your case is much more straight forward and the law is clear on 1447b. The lawyer you hired is incompetant. You are again falling in to the same trap by not doing your own due diligence of finding out the information and going the easy route of lazily dropping questions when the information is already here. The reason you may not get an accurate answer on this thread is that over a long time now, USCIS has stopped conducting interviews unless name check is clear. Your case is different in that you have been interviewed.
Further, I would strongly recommend doing an FOIPA. A no main file records gives the judge that much more confidence in providing ultimatums to USCIS. Morever, USCIS has been lately arguing that unless FBI name check is complete the "examination" has not been completed but the Judges are not buying this and so USCIS does not conduct interviews until background checks are complete. Thus most posters here in the WOM case which does not rely on any specific law related to citizenship.
Further, I would strongly recommend doing an FOIPA. A no main file records gives the judge that much more confidence in providing ultimatums to USCIS. Morever, USCIS has been lately arguing that unless FBI name check is complete the "examination" has not been completed but the Judges are not buying this and so USCIS does not conduct interviews until background checks are complete. Thus most posters here in the WOM case which does not rely on any specific law related to citizenship.
Who is the ombudsman? Sorry, have no idea. I'm leaving the evidence gathering to our lawyer, but another lawyer I spoke with suggested we file the 1447b versus the WOM. What exactly is the difference? Is the 1447 for people who have already had their interviews?
Edit: Okay, looked up ombudsman. First time hearing about it, but it doesn't seem like that would make things move any faster. Hopefully our lawyer will be ready to file soon.
Who is the ombudsman? Sorry, have no idea. I'm leaving the evidence gathering to our lawyer, but another lawyer I spoke with suggested we file the 1447b versus the WOM. What exactly is the difference? Is the 1447 for people who have already had their interviews?
Edit: Okay, looked up ombudsman. First time hearing about it, but it doesn't seem like that would make things move any faster. Hopefully our lawyer will be ready to file soon.
1447(b) is specifically for applicants who have not seen any action on their case 120 days or more after the interview. Here's an excerpt of the 1447(b) rule:
The INA requires the government to make a
determination on naturalization applications within
120 days of the interview (i.e., the “examination.”) If
the application is not adjudicated 120 days after the
“examination is conducted,” under INA § 336(b), an
applicant may file a petition in district court seeking
judicial adjudication of the application or a remand to
USCIS
Since it's been more than 120 days since your husband's examination, filing 1447(b) would force USCIS to take action on the case.