Well guys, most of you do not know me, but i have been a member for sometimes now. I have been reading and listening to all your problems and in the same time learning. I Applied for naturalization in NOV of 2005. In April 25th of 2006, I passed my english and history test but no decision was made pending National security clearence (Name Check) (Keep in mind that I was born in the Middle east but have an italian last name and very unique first name). in my case, it was weird cause prior to april 25th, i received a letter from USCIS asking me to bring the army reseve registration form with me since it's missing from the application. At the interview, i have showed the USCIS officer the letter and he told me that he has no idea why i got it and everything is fine in the application. He was really nice and told me not to worry about the name check and it should be done in no time. I kept inquiring about the status and calling the hotline, sending e-mails, got in touch with the senator with no resolution. One day, i went to the USCIS office in Broad street, NJ and i was talking to one of the officers there who really did not know anything. She was rude and she told me that it's still pending and basicly i am screwed and there is thousands of people waiting and what made me think i am better. So I have informed the Officer to call her supervisor since she basicly told me that i have no civil rights. This is when i decided to file the lawsuit. In june of 2007, i started preparing for my lawuit. Followed all the steps in this link . In the end of august, i have sent my papers to court and got my case number. begining of september, i served the following: Director Of homeland security CIS, Director of the FBI, Attorney General, NJ attorney, Nj District director fo homeland security CIS, Secretary of department of homeland security. By September 24th, i have confirmed that all defendants have beens served, So i contacted the Attorney general office. In October 6th, i have receive a letter from USCIS informing me that my finger prints has expired and was scheduled for finger prints on tuesday, october 16th. 2 days later, i have received a letter from CIS with the N-445 Form. Notice of Naturaliztion Oath Ceremony. It was a long journey but come to think about it, i wish that i took action earlier and didn't wait that long. the whole lawsuit process took less than 45 Days. I advise everyone to do it and good luck all.
Finally, I will be a citizen in 6 days.
- Thread starter Rabba
- Start date
By the way, i will not be dropping my Lawsuit. I will be suing for the pain and suffering and for all the fees i inquired. In the kind of work i do, security clearence is very important and i was unable to obtain it since i was not a citizen which caused me not to obtain certain jobs.
I don't suppose you'll have much luck suing for 'pain and suffering', but congratulations on getting your oath letter.
Atlanta_Brother
Registered Users (C)
Congrats
Congratulations Rabba....I am very happy for you that finally things worked out for you. You waited about 18 months and so did I. The only difference is, my interview never took place. I was called for interview twice. One back in Jan of this year & the other one was 2 weeks back. They claim that the file was not transferred to the local office so they can't interview me. Keep in mind that my name check has been cleared since Feb/March. I am preparing to file a law suit (Mandamus). I hope I am on the right track. Let me know what your thoughts are on this since you have gone thru this painful process.
Thanks.
Congratulations Rabba....I am very happy for you that finally things worked out for you. You waited about 18 months and so did I. The only difference is, my interview never took place. I was called for interview twice. One back in Jan of this year & the other one was 2 weeks back. They claim that the file was not transferred to the local office so they can't interview me. Keep in mind that my name check has been cleared since Feb/March. I am preparing to file a law suit (Mandamus). I hope I am on the right track. Let me know what your thoughts are on this since you have gone thru this painful process.
Thanks.
Congratulations !!
Did you file 2 different motions? One for action and one for loss and suffering? I would think that since USCIS has take action that the first motion has already been dismissed.
Nope, I have filed one lawsuit (petition for hearing) but within this lawsuit, I have requested that all the expenses paid (lawyer fees, court fees, etc..) will be refunded and kept to myself the right of a lawsuit for pain and suffering. I would have not gone the extra mile if the USCIS officer i spoke too regarding the status was respectfull. Again this officer made it seems that Legal immigrants has no civil right and they will get to it whenever and all what i could do is wait.
I am not suing because of this reason. this is the flame that lead to my decision. As i mentioned above, The lawsuit is because i was unable to obtain security clearence which caused me not to be able to obtain certain jobs.
frustrated_alot
Registered Users (C)
Actually, it's a priviledge and a right. As long as you fullfill your requirements, you have a right to become a citizen.
Good Luck. I wish you the best in your lawsuit and hope you get re-imbursed and much more. Only actions like yours can bring this problem of delays to the attention of higher ups.
Triple Citizen
Registered Users (C)
I disagree. It is a privilege and privilege only.
Actually, it's a priviledge and a right. As long as you fullfill your requirements, you have a right to become a citizen.
In a democratic society that works on laws and principles the exercise of a previlege is mandated/determined by laws and procedures not by undefined impressions and whims and fancies. In so far as much as the laws of the society provide basis for your social peers to reasonably conclude that you should be granted citizenship, it is your right as a member of the society to demand that you be granted this status. Federal Courts have ruled that unless awarding citizenship to someone is a clear and undisputed violation of laws of the land,they have a right to demand that they be a US citizen. To sumarize you may be denied US citizenship if granting citizenship to you results in a clear and undisputed violation of some law but not if the DAO just "dint like you".
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Triple Citizen
Registered Users (C)
Let us agree to disagree. That is what civility demands. All I know is that http://www.uscis.gov states the following:-
Citizenship is one of the most coveted gifts that the U.S. government can bestow, and the most important immigration benefit that USCIS can grant.
English for me is a second language, and in my limited grasp of it, gift is a privilege.
Citizenship is one of the most coveted gifts that the U.S. government can bestow, and the most important immigration benefit that USCIS can grant.
English for me is a second language, and in my limited grasp of it, gift is a privilege.
Well I'm no lawyer, but I strongly suspect that claim has no basis. Good luck!
How could you suspect that the claim has no basis, if you do not know the content of the lawsuit?. My Lawyer is taking care of it and i will keep u informed. I am an engineer and i speak 4 languages fluently. The line of work i do requires security clearence and travel to certain countries. In my case, I have included in my lawsuit all the information needed including info when i was contacted by several military departments to travel to other countries. And by the way. Citizenship is a right and a privilege. USA is based on immigrants so unless only natives are citizens, it's a right. Think about it, all the steps you take to file the lawsuit are whithin the civil rights "w"
Atlanta_Brother
Registered Users (C)
I like the way you think
Rabba,
Your confidence is telling that you will achieve for what you are aiming and targeting for at this time. I like the way you think. Pls keep us posted. Yeah, go for it. Rabba if it's not too personal, where are you from ? I am also an engr (consultant) and I am also going thru a nightmare with USCIS. In short, it has been 18 months since I have filed N-400. Went thru 2 sets of FP and 2 interviews. USCIS always sends me home coz they are still waiting for my file to be transferred to the local DO. Please comment on this if you like.
Thanks.
Rabba,
Your confidence is telling that you will achieve for what you are aiming and targeting for at this time. I like the way you think. Pls keep us posted. Yeah, go for it. Rabba if it's not too personal, where are you from ? I am also an engr (consultant) and I am also going thru a nightmare with USCIS. In short, it has been 18 months since I have filed N-400. Went thru 2 sets of FP and 2 interviews. USCIS always sends me home coz they are still waiting for my file to be transferred to the local DO. Please comment on this if you like.
Thanks.