DID anybody sue USCIS (Texas Service Center) Before?

H

HelloINS

Registered Users (C)
Just wonder if anybody here who sued USCIS texas service center before for not doing their job? My daughter's I-485 (a derived case of employment-based) has been pending with USCIS since August 1, 2001. I have send N letters/faxes to them, and asked my congressman to contact them for M times, and i'm running out of methods besides to sue USCIS. Any suggestion?
 
HelloINS said:
Just wonder if anybody here who sued USCIS texas service center before for not doing their job? My daughter's I-485 (a derived case of employment-based) has been pending with USCIS since August 1, 2001. I have send N letters/faxes to them, and asked my congressman to contact them for M times, and i'm running out of methods besides to sue USCIS. Any suggestion?
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Could you please share a little more information about your/her case.
When was your case approved and when did you file for her?
I can totally understand your frustration and truly sympathesize with you.
 
My case was approved in Jan 2004.

LC: submitted in Dec 99, approved in July 00.
I-140: submitted in Oct, 00, and approved in June, 01.
All I-485s (mine, my daughter's and my wife's): submitted in July 2001.
FP for all: Jan, 2003.
AP: mine and my wife's I-485 were approved in Jan 2004.
Medical REF was issued for my daugther's case in Jan. 04, and reply was received by TSC in Feb, 04. Send N letters to TSC since April, 04 and talked to congressman, etc....
Redid her FP on Oct, 2004, and AP???????
 
We are in the same boat

Finally one of my senators got a reply from TSC. TSC said they would not automatically issue a name check request to FBI for a kid who filed his I-485 under 14 and now is above 14. The officer who wrote the reply letter said he will have a name check request ordered for my son and asked us to wait for 60 days to see the result.

I first checked with FBI for my son's name check. FBI didn't find my son's name check request in their database. I wrote twice to the officer who handles my son's case and wrote to all senators and some congressmen in my state. Finally we made it.

I think your dughter may have the same problem. You may need to find a way to have TSC send her name check request to FBI.

Don
 
HelloINS,
Did you try filing a FOIA for you case? This may reveal the reason for why its pending, or it might just cause USCIS to approve it on the spot, once they pulled it out of dusty storage to complete the FOIA request for you.
 
Hi

No I have not sued but maybe about to

My sons I 824 was approved on 11th Aug 2004 as a follow to join

It appears London either mislaid the cable, lost it or Texas never sent it even though the case status say it did

I have been trying to do an enquiry

Texas says contact Londdon,
London says contact the dept of State
Department of state says contact Texas

On 19th Jan I wrote and faxed
Congressman
London
Texas

and am waiting a reply.

If I do not hear within 30-60 days I guess my only course of action left would be to sue

Regards Sue
 
how do you know TSC send the name check request to FBI?

Hi,

How do you know that TSC send the name check request to FBI for you?
Since last July, TSC told me (from my congressman office) that the name check has been pending with FBI. Then we wrote a letter to FBI and FIOA, in Oct we got a letter for FIOA which said there are "No Records", in Jan,05, we got an email from FBI which said that TSC never send a name check request to them for my daughter. I took the copies of the letter/email to my congressman's office, TSC admitted that they didn't send out the name check request for my daughter. Now, my congressman office said the name check is pending again with FBI based on info from TSC, Is this true at this time? How to verify this?
 
You could ask for an expedite request, I think that when it is clear that TSC made a mistake is a good argument, and I read somewhere that it was a valid reason for expedite request, but that was a while ago they may have changed it, at least try to find something about it.
 
HelloINS said:
Now, my congressman office said the name check is pending again with FBI based on info from TSC, Is this true at this time? How to verify this?
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Send another request to the FBI for your name check status. Reference the email form your congressman stating that it is at the FBI.
 
HelloINS said:
Hi,

How do you know that TSC send the name check request to FBI for you?
=========================================================

My senator sent me a copy of the TSC officer letter. The offiecer said, in his letter, he has ordered a name check request for my son. I have not got anything from FBI. The senator said he will keep me informed when he gets anything from FBI. Now I have to wait. My son is applying for college admission and has missed a lot of chances to get scholarship. Now he has to wait to be admitted as an international student. What a sad story! He has been in the United States for 10 years. He has almost all his schooling in the United States.
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HelloINS

I think CuriousGeorge is right. We need to send another name check request to FBI and also ask senators or congressman to check it for us. I will also send a letter of appeal to FBI for further action of FOIPA. The appeal must be sent within 60 days after the FOIPA reply was received.
 
I had send out another name check request to FBI, also send out an expedite request to the Director of TSC in Jan. Hopefully, we can get some thing thisn month or next month.

Thank you all for the reply.
 
Try sending them a "Writ of Mandamus".

Writ of Mandamus: It compels the government to perform a duty owed
to you. If you submitted an application for an immigration benefit, if it is
beyond the normal processing time, if you have made written inquiries about
your application, and the government has not responded, requesting a Writ of
Mandamus in Federal Court will get their attention.
 
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