Filing a lawsuit

T

too_long

Registered Users (C)
My lawyer recomended filing a law suit against the INS, and he said I have a good chance, 5 yrs is too long. My I-485 is pending due to security clearance. The lawyer said that it INS will claim its security clearance, but the court possibly would not buy the claim.
Does anyone have any experience about a similar situation? What's the general feelings/ feedback/ idea/ comments about this.
Thanks for help all
 
You have a good case ..

too_long,

Five years is just way to long. I think you have a good case and will get approval almost as soon as you file the case. I have known of atleast 3-4 people who filed a lawsuit against the USCIS and as soon as the USCIS received the notice of "Intent to sue" they approved those cases at lightning speeds. This is not to say that your approval is guaranteed but at this point a lawsuit seems like the most logical thing for you.

Since 9/11, the USCIS has been using "Security Clearance" as a blanket reply for any and every inquiry. Infact, if they mess up an application and find out that they screwed up, they always inform the applicant that the case is pending "Security Checks". They get away with a lot with this excuse. Last year I had filed for my AP in Jan and when I did not receive an approval till July-August, I started inquiring about the status. At first I got the standard, we will look into the case and get back to you. When I and my lawyer pestered them through AILA, they wrote an email to us stating that our cases are pending "Security Checks" and that constant inquires will only delay the case even more. That was the last straw. I kept inquiring and FINALLY they admitted that they had LOST my AP. Can you believe that? Where the hell did "Security check" come into the picture when they had actually lost the application. I had to refile and got approved within a month of refiling. So do not blindly believe this "Pending Security Check" reply from USCIS, especially since its been over 5 years.

Consult a good lawyer and go ahead with the lawsuit. I am almost certain that you will get approved soon after.

regards,

saras76
 
More info

saras76 said:
too_long,

Five years is just way to long. I think you have a good case and will get approval almost as soon as you file the case. I have known of atleast 3-4 people who filed a lawsuit against the USCIS and as soon as the USCIS received the notice of "Intent to sue" they approved those cases at lightning speeds. This is not to say that your approval is guaranteed but at this point a lawsuit seems like the most logical thing for you.

Since 9/11, the USCIS has been using "Security Clearance" as a blanket reply for any and every inquiry. Infact, if they mess up an application and find out that they screwed up, they always inform the applicant that the case is pending "Security Checks". They get away with a lot with this excuse. Last year I had filed for my AP in Jan and when I did not receive an approval till July-August, I started inquiring about the status. At first I got the standard, we will look into the case and get back to you. When I and my lawyer pestered them through AILA, they wrote an email to us stating that our cases are pending "Security Checks" and that constant inquires will only delay the case even more. That was the last straw. I kept inquiring and FINALLY they admitted that they had LOST my AP. Can you believe that? Where the hell did "Security check" come into the picture when they had actually lost the application. I had to refile and got approved within a month of refiling. So do not blindly believe this "Pending Security Check" reply from USCIS, especially since its been over 5 years.

Consult a good lawyer and go ahead with the lawsuit. I am almost certain that you will get approved soon after.

regards,

saras76
Click to expand...


Dear Fellows:

Thanks for the good idear. I am in the same boat and considering filing an lawsuite as well. My question is that if I have to use the same lawyer who filed my i485. This lawyer was chosen by my company and he is terrilble.

Thanks
 
I have a couple of good links ..

tireofwaiting,

I have a couple of good links that explain the process. I do not believe that you have to go through the same lawyer. I am not sure though. The important thing is to consider everything very carefully and hire a competent lawyer with experience in lawsuits against the USCIS.

I will search my saved work and post the links later on today.

I firmly believe that after a point we have to get aggressive with this process.

regards,

saras76
 
It is highly recommended that you first file a G-28 to USCIS before using this new guy to file your suit to expedite your case. Technically, you don't need it and you will be given the right to obtain information during the "Discovery Phase" of the suit. However, you don't need to wait until that phase, if your new guy is given the G-28 and he files it with USCIS.
 
saras76, thanks for your encouragement. I received a third FP notice (man, its not even funny anymore) for March. I plan to file intent to sue around a week after that.
Please share the links you mentioned.
 
Hi Friends

Nice work, I was considering same thing. I want one advice, when should I consider filing sue based on my signature?

Thx
 
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