Can you just sue FBI and not USCIS for name check

[tangohi]

I am stuck in name check and I recently talked to a lawyer about WOM. I was told thay we will have to sue both USCIS and FBI. I want to avoid suing he USCIS as they have sent the name check 3 times to FBI and it is not their fault. Plus suing them can piss them off and they can create trouble.
Any suggestions. I have tried everything including calling senator Durbin's office. They say they cannot help in name check. What a lousy senator.

 

[pianoplayer]

I am stuck in name check and I recently talked to a lawyer about WOM. I was told thay we will have to sue both USCIS and FBI. I want to avoid suing he USCIS as they have sent the name check 3 times to FBI and it is not their fault. Plus suing them can piss them off and they can create trouble.
Any suggestions. I have tried everything including calling senator Durbin's office. They say they cannot help in name check. What a lousy senator.

I would follow your attorney's advice and not overthink it. USCIS is a big government agency --- it is not a personal matter. No-one will have his/her feelings hurt.

 

[Al Southner]

Sue them...

I am stuck in name check and I recently talked to a lawyer about WOM. I was told thay we will have to sue both USCIS and FBI. I want to avoid suing he USCIS as they have sent the name check 3 times to FBI and it is not their fault. Plus suing them can piss them off and they can create trouble.
Any suggestions. I have tried everything including calling senator Durbin's office. They say they cannot help in name check. What a lousy senator.

Listen... people sue their govt every day, irrespective of which agency is it. So, if you are scared of pissing the USCIS off, then wait till Jeb Bush wins a second term as President. Innocuous lawsuits tend to be catalyst for change in American judicial system, so until you file a lawsuit, how can you know that you can change a course of history.

For example, Hamden vs Rumsfeld. If he had not filed the case challenging the govt over reaching its jurisdiction and statute governing his detainment, then the Supreme Court would have not ruled in this case, because the Bush Admin wanted to strip the Supreme Court of this privilege. So, people who are brave have a potential to change the policies and statutes which are unfair and ridiculous at best.

So, if I were in your position, force your lawyer to sue them, if he charges you for this expense, once you win, apply for reimbursement of cost. There is a program which willl pay for your costs, which was passed a long time ago to ensure civil right violations were brought to court without the burden of costs to plaintiffs. My suspicionL Your attorney doesn't want to do the work of suing this people. How long have you been stuck in the name checK?

arrivederci...

 

[GotPR?]

I am stuck in name check and I recently talked to a lawyer about WOM. I was told thay we will have to sue both USCIS and FBI. I want to avoid suing he USCIS as they have sent the name check 3 times to FBI and it is not their fault. Plus suing them can piss them off and they can create trouble.
Any suggestions. I have tried everything including calling senator Durbin's office. They say they cannot help in name check. What a lousy senator.

you can sue FBI if you want, but you have potential risk.

Let's say you sue FBI, and court ordered FBI to finish name check within a month. Then a month later, FBI says that they could not complete name check since everything is not cleared, but on the other hand, they are ordered to make a decision within a month.
Guess what decision will come.

 

[tangohi]

Thanks
I have been stuck for 18 months now, filed in feb 2005, interviewed in may 05 and nov 06- both times pending name check. i had to leave my job as i was reaching the two year limit university allows to get a grant and without gc there is basically no grant in clinical research.

Name check submitted on April 1, 05; July 21, 05 and Nov 08, 06 by USCIS.

Got PR i did not get your point if the fbi is ordered to complete in a month then they have to complete it period. USCIS officer who interviewed us told us very clearly when she sent the third request for name check if I get the name check results cleared she will issue the gc no additional questions asked.

 

[GotPR?]

Got PR i did not get your point if the fbi is ordered to complete in a month then they have to complete it period. USCIS officer who interviewed us told us very clearly when she sent the third request for name check if I get the name check results cleared she will issue the gc no additional questions asked.

More extreme example, what if court orders FBI to complete it in a day ? Do you think they can do it ? If it is impossible to clear the security because they are forced to complete within a given timeframe, they will complete, but decision may not be favorable to you due to security reason.

 

[pianoplayer]

More extreme example, what if court orders FBI to complete it in a day ? Do you think they can do it ? If it is impossible to clear the security because they are forced to complete within a given timeframe, they will complete, but decision may not be favorable to you due to security reason.

That is NOT how it works ---- I really do not have time to go into this right now, but this should not be a concern.