Do I have the option for a mandamus lawsuit?

D

dw2005

Registered Users (C)
Hi,

I had my naturalization interview last month and was told name check was pending. If 120 days have passed since the interview and the name check is still pending, do I have the option to file for mandamus or judicial determination of my application? Thanks a lot.
 
Publicus said:
Definitely, I am taking the same recourse.

Good luck to you.
Click to expand...
I heard from one's experience that even though the 120 could pass, but if the reason was the pending FBI name check, then the USCIS is not liable to comply with the 120 days law because that's "out-of-hand" circumstances!
 
sony55 said:
I heard from one's experience that even though the 120 could pass, but if the reason was the pending FBI name check, then the USCIS is not liable to comply with the 120 days law because that's "out-of-hand" circumstances!
Click to expand...

According to Federal regulations, USCIS is not supposed to conduct an interview unless all bachground checks are complete. When you bring a case in front of the court, then USCIS will be pressured to complete those pending background checks.

I always believed that this pending background check is just an excuse. If the FBI or any other governmental agency had something fishy about an applicant, he won't be walking around freely. His butt will be sitting in Guantanamo Bay or other military bases.
 
Publicus said:
According to Federal regulations, USCIS is not supposed to conduct an interview unless all bachground checks are complete. When you bring a case in front of the court, then USCIS will be pressured to complete those pending background checks.

I always believed that this pending background check is just an excuse. If the FBI or any other governmental agency had something fishy about an applicant, he won't be walking around freely. His butt will be sitting in Guantanamo Bay or other military bases.
Click to expand...
Publicus,
I totally agree with you! thanks for the information. But where is the piece of law that points out that the interview must be conducted after, and only after the clear background check?
Dont get me wrong here, i am on the same page as you. i just want to be sure , so in case i need to file that , i be standing on a solid foundation.
Hit me back soon
Thanks
 
Thank you your replies.

Publicus: have you already started your lawsuit? Did you find a lawyer willing to take a case like this?

My 120 days is not up yet. So I guess I will have to wait.
 
Reply from a lawyer regarding the law suit

dw2005 said:
Thank you your replies.

Publicus: have you already started your lawsuit? Did you find a lawyer willing to take a case like this?

My 120 days is not up yet. So I guess I will have to wait.
Click to expand...
Hello, i thought l let you take a look at my question and the answer from mr. Ron , the immigration lawyer in California, he is a good lawyer by the way.
my question : Mr. Ron,
On June 10, 2005 the 120 days will be over for the USCIS to take a decision on my naturalization case. I am just wondering in case the USCIS didn't make a decision till then, what is the steps needed then. What can i do?
My case in N-400, interviewed on feb 7. smooth interview. went to Do, and was told the file is under review, they claim it's a standard procedure in the Memphis sub office! So what should i exactly do once the 120 days run over? Specially that i was assured by the DO officer that my namecheck is cleared?
His reply :
There is no "hard" 120 day deadline for them to act. If your case is stalled, get your Congressman involved.
__________________
what do u guys think?
 
sony55 said:
Publicus,
I totally agree with you! thanks for the information. But where is the piece of law that points out that the interview must be conducted after, and only after the clear background check?
Dont get me wrong here, i am on the same page as you. i just want to be sure , so in case i need to file that , i be standing on a solid foundation.
Hit me back soon
Thanks
Click to expand...

Sony, here is the text of the CFR 8-335-2 (Code of Federal Regulations):

§ 335.2 Examination of applicant:

(a) General. Subsequent to the filing of an application for naturalization, each applicant shall appear in person before a Service officer designated to conduct examinations pursuant to §332.1 of this chapter. The examination shall be uniform throughout the United States and shall encompass all factors relating to the applicant's eligibility for naturalization. The applicant may request the presence of an attorney or representative who has filed an appearance in accordance with part 292 of this chapter.

(b) Completion of criminal background checks before examination. The Service will notify applicants for naturalization to appear before a Service officer for initial examination on the naturalization application only after the Service has received a definitive response from the Federal Bureau of Investigation that a full criminal background check of an applicant has been completed. A definitive response that a full criminal background check on an applicant has been completed includes:

(1) Confirmation from the Federal Bureau of Investigation that an applicant does not have an administrative or a criminal record;

(2) Confirmation from the Federal Bureau of Investigation that an applicant has an administrative or a criminal record; or

(3) Confirmation from the Federal Bureau of Investigation that two properly prepared fingerprint cards (Form FD–258) have been determined unclassifiable for the purpose of conducting a criminal background check and have been rejected.
 
sony55 said:
Hello, i thought l let you take a look at my question and the answer from mr. Ron , the immigration lawyer in California, he is a good lawyer by the way.
my question : Mr. Ron,
On June 10, 2005 the 120 days will be over for the USCIS to take a decision on my naturalization case. I am just wondering in case the USCIS didn't make a decision till then, what is the steps needed then. What can i do?
My case in N-400, interviewed on feb 7. smooth interview. went to Do, and was told the file is under review, they claim it's a standard procedure in the Memphis sub office! So what should i exactly do once the 120 days run over? Specially that i was assured by the DO officer that my namecheck is cleared?
His reply :
There is no "hard" 120 day deadline for them to act. If your case is stalled, get your Congressman involved.
__________________
what do u guys think?
Click to expand...


This lawyer sounds like he is in his first year of Law school. NO DEADLINE. Boy USCIS would love people to hire lawyers like this fella here.
 
dw2005 said:
Thank you your replies.

Publicus: have you already started your lawsuit? Did you find a lawyer willing to take a case like this?

My 120 days is not up yet. So I guess I will have to wait.
Click to expand...

You're welcome dw2005. It's my pleasure to help. Assisting each other is the best way to share info and stand up to the tyrannical behavior of this immigration service.

Like you, my 120 days is not up yet, but I am looking forward to it. I will be glad to file the Mandamus as soon as it is over, and no one will stop me from doing so. I am done with USCIS bureaucracy, I am done with my Congressman's impotence, I am done with excuses. Terri Shiavo's case showed us that this is still a country of laws. The country that Thomas Jefferson, Benjamin Franklin, and James Madison built. Not the land that John Ashcroft wants to build.

Thank you.
 
I read somewhere that the FBI name check will be expidated under the following situations:

1- National Interest
2- Medical emergencies for applicants or close family member
3- "Pending Lawsuit"

this is for all name check processes, not only the one pertaining to N400 applications.
My 120 days will end in June. I am filling a lawsuit in the day 121. I will not wait a single day more. But I am being optimistic about it that my name check will be done before then.

Cheers
Steve
 
stever houston and lawsuit

Steve_Houston said:
I read somewhere that the FBI name check will be expidated under the following situations:

1- National Interest
2- Medical emergencies for applicants or close family member
3- "Pending Lawsuit"

this is for all name check processes, not only the one pertaining to N400 applications.
My 120 days will end in June. I am filling a lawsuit in the day 121. I will not wait a single day more. But I am being optimistic about it that my name check will be done before then.

Cheers
Steve
Click to expand...
Stever, publicus;
I am interested in a lawsuit too. My interview was conducted on Feb 7th, so i think my 120 will be up on something like June 9th. How can we start the process of the lawsuit; such as the forms, expenses etc..
please help.
thanks
 
Yes, may be we can all file jointly through a good lawyer in Washington or soemething. We will worry about it in june. But for a strong lawyer, expect thousands of dollars.
 
Steve_Houston said:
Yes, may be we can all file jointly through a good lawyer in Washington or soemething. We will worry about it in june. But for a strong lawyer, expect thousands of dollars.
Click to expand...
publicus and dw, when is your 120 days will be up?
 
I just want to get back to USCIS for treating us like sub-humans. We are honorable American Citizens at heart. We work hard and serve this great nation every single day, and really ought to be treated with respect.
 
Publicus said:
I just want to get back to USCIS for treating us like sub-humans. We are honorable American Citizens at heart. We work hard and serve this great nation every single day, and really ought to be treated with respect.
Click to expand...
hell yea,
at least we don't suck the government blood by getting food stamps or section 8. We are hard workers. We have clean records. No drugs, no crab.
thank you publicus
 
sony55 said:
hell yea,
at least we don't suck the government blood by getting food stamps or section 8. We are hard workers. We have clean records. No drugs, no crab.
thank you publicus
Click to expand...

Sony, I even served in the U.S. Army for the last four years. I served during a time of war and defended the freedoms and rights this country was founded on, and now I have some high-school educated immigration officer dragging my file for almost three years. I left the military because of USCIS. My goal was to become an Officer which I couldn't do since USCIS had other plans for me. :mad:
 
Publicus said:
Sony, I even served in the U.S. Army for the last four years. I served during a time of war and defended the freedoms and rights this country was founded on, and now I have some high-school educated immigration officer dragging my file for almost three years. I left the military because of USCIS. My goal was to become an Officer which I couldn't do since USCIS had other plans for me. :mad:
Click to expand...
Hang tight Publicus,
Your dream of becoming an officer is not impossible. I see the light at the ned of the tunnel. And soon, you will become a wonderful, effecient immigration officer, with courtesy, and joyful attitude. God bless you and everybody!
 
You must log in or register to reply here.
Top