Attention Everybody! C.i.s. Threatening To Deny Your Case!

S

Suzy977

Banned
Our new fellow member (notsure01) posted the following message in Publicus's thread.

Being something which I believe everybody should be aware of, I've opened this thread hopping to give more exposure to his message.

Read please:


notsure01
Registered User Join Date: Feb 2006
Posts: 1

Hi,

I requested a status update for N.400 through email yesterday and got reply today. Part of reply is:

"You do have the right to file a Writ of Mandamus if there is no decision after
120 days. That would force this office to make a decision in your case.
However, if you do file that Writ and receive a decision now, that decision would be a denial of your application. We would have no choice but to deny your application because at this point in the process, by law it cannot be approved since we have not received the information referenced above. There is no provision in the law to approve an application without this information - that is just not possible. Once denied, you would have to file a whole new N-400, with fees, and start the process all over again. That would mean getting fingerprinted and interviewed again, not to mention that at some point you would end up being right back where you are now - waiting for this information from another agency, which takes a long time. You would have the right to file another Writ of Mandamus, but the outcome would be the same as described above."

It sounds very much like a threat. It never says they should do their part to influence the Agency who is doing the name check to make the process faster or give the Agency a timeline for name check process, but threaten the applicants and abuse their authorities. Don't they realize it would bring more lawsuits.
Click to expand...

I find the above email intolerable and despicable.

Regarding my personal interest in this particular matter, if you read my time line you can see that it doesn't affect me in any way, in less than one week from now I'll be an American citizen...but I don't believe the people who come after me should suffer the same $@#t we suffered for years, and I can't accept that those bullies from CIS will prevail.

I think everyone of us should contact our Congresspeople and Senators and make them aware of the CIS intimidating tactics. As many people as possible shoud be aware of these dirty games CIS is playing lately, and we should spread the word.

People who start a new lawsuit against CIS or have cases pending in Court with CIS should mention the above new tactics of CIS.

On the other hand the above email from CIS it's full of b.s. because:

1. We don't need a writ of Mandamus, the 8 USC 1447(b) is the proper approach of a situation like that.

2. As soon as a Petiton for Hearing under 8 USC 1447(b) is filed in a US District Court, CIS loses jurisdiction over the case and they can deny the N-400 application as much as they want, the ball is not in their court anymore ;)
 
Last edited by a moderator:
Sounds like BS.

- The use of language is very different from the usual USCIS prose.
- They issue very terse replies to any sort of inquiry. A long winded explanation as to how a re-application could or would or might be handled is not their style.

(There might be a kernel of truth to this. If you force their hand to adjudicate a case at a point in time when they are missing information required by law, you could end up with a denial of an otherwise approvable case.)
 
Well, we don't know what stage that poster is up to. What if it is 120 days after he applied? It does not say if he already passed his interview.
 
You must log in or register to reply here.
Top