How to make USICS work for you!

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USCIS is the worst bureaucracy in the U.S. government. Delays can be a nightmare and cause so much stress and anxiety to different applicants and their families. These same delays devide households, and keep loved-ones apart for terribly long periods. But there is a solution. Depending on your situation (AOS applicant or Naturalization applicant) it can etheir be a writ of mandamus or a petition for a hearing with the district courts. But what is a Writ of Mandamus?

A writ of mandamus compels the government to perform a duty owed to an applicant. 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. Guaranteed!

Unfortunately, many immigrants are afraid that the Immigration Service will deny their applications in retribution if they ask for a Writ of Mandamus, or file a petition for a hearing with the courts. From my own research, this has never happened. Also, some attorneys are afraid to go to Federal Court and sue the Immigration Service.

Naturalization applicants have a different venue: to file a Petition for Hearing on Naturalization Application in the United States District Court pursuant to INA Section 336(b), 8 U.S.C. § 1447(b), which clearly states:

If there is a failure to make a determination under [INA] § 335 [8 U.S.C. § 1446] before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States District Court for the District in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions to the Service to determine the matter.​
In short, the statute says that if more than 120 days have passed since the naturalization interview, the applicant can seek judicial relief. The judicial relief can come in two forms:
1) An adjudication of the naturalization application in court and by the court, or
2) A remand to CIS for immediate adjudication.

In some offices, examiners may ask – or sometimes pressure – the applicant to sign a waiver of the 120-day decision deadline. An applicant is not required to sign such a waiver.

In the end, it is important to note that the majority of cases get adjudicated after the case is filed with the court. Any pending background checks get completed, and an oath of allegiance is administred.
 
What happens if a petitioner signs a waiver? Does he waive his right to sue or is it really a scare tactic?
 
zaraza said:
What happens if a petitioner signs a waiver? Does he waive his right to sue or is it really a scare tactic?
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It's hard. But there is a way to challenge it. Especially if you didn't know what you were signing. Talk to a lawyer.
 
The clerk told my husband that USCIS whould need to REJECT his application if he did not sign it.
 
zaraza said:
The clerk told my husband that USCIS whould need to REJECT his application if he did not sign it.
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That's illegal. USCIS does not reject applications based on the refusal of an applicant to sign a waiver. Remember some of those clerks and even immigration officers are clueless when it comes to immigration law and procedures. Especially those people at the 800 number national customer service. I called them one day to ask a question, and they adviced me to ignore my interview notice. :eek: Also, an officer told me at the Infopass (while yelling at me like I was asking for alimony) that USCIS can take whatever time they want and I should just wait. She thought I was going to be scared, put my head down and leave. I looked at her straight in the eyes and calmly replied: "But officer, not if I take it to the court." She then panicked and told me: "Well you can take it to the court if you want to." :D I did. That was six months ago by the way.

Usually USCIS does not like to make people waive their right to have a decision by the end of the 120 days period because it will educate the applicant about this cardinal right. I didn't know I could seek judicial review of my case until I passed my interview and was told on this forum. If my interviewing officer asked me to sign a waiver, I would have signed one. So don't feel bad. That's why education is so important during the immigration process.

I have never seen one of those waivers. Does it state that the applicant waive her right for a specific time (i.e. 180 days) or indefinite time?
 
It was actually my husband who signed the waiver, so I did no see this paper. The clerk was really friendly, he said and friendly suggested that it is better to sign the paper otherwise, he told him, they would have no choice but to reject the application. My husband's job is dependent on the resolution of the citizenship so he got all worried and signed it off. When he told me that my first though was that they have no right to reject any application on the basis of not being within the processing timelines, it just HAD to be illegal, but it was too late to do anything. And then I learned about these 120 days at the forum yesterday, I am new here. We sure will turn to the lawyer if it does not get resolved soon, but first I wanted to learn what actions were taken on his case and when (by using FOIA channel). Also we sent our 3 congressmen emails yesterday with the description of a situation. Will be calling them tomorrow to confirm that they got the email, possibly faxing the letters again. Thank you for the information you provided, I find it very useful.
 
Waiver ? Is that a standard procedure ? Should I expect the adjudicating officer to ask my wife or me to sign a waiver at the time of the interview ? How/Why could it be that USCIS demands something that could be less than legal ?

As you see, it is the first time that I hear something about a waiver intended to fend off any legal options of an applicant.

Alex
 
I do not know if it's standard, but it happens, at least my husband is a living proof of it. How legal it is? We would need to talk to a lawyer. But sure enough it is hard to prove that he was pressured to do anything, there is no bruises on his arms, is there?
 
zaraza said:
It was actually my husband who signed the waiver, so I did no see this paper. The clerk was really friendly, he said and friendly suggested that it is better to sign the paper otherwise, he told him, they would have no choice but to reject the application. My husband's job is dependent on the resolution of the citizenship so he got all worried and signed it off. When he told me that my first though was that they have no right to reject any application on the basis of not being within the processing timelines, it just HAD to be illegal, but it was too late to do anything. And then I learned about these 120 days at the forum yesterday, I am new here. We sure will turn to the lawyer if it does not get resolved soon, but first I wanted to learn what actions were taken on his case and when (by using FOIA channel). Also we sent our 3 congressmen emails yesterday with the description of a situation. Will be calling them tomorrow to confirm that they got the email, possibly faxing the letters again. Thank you for the information you provided, I find it very useful.
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Hi zaraza:

I'd like to tackle the issue of the three congressmen first. I believe you were talking about your district congressman and your state two senators. Depending on who you are talking to, some congress members may reject your plea for their help if you apply to another member. Especially if they are from different political parties. It happened to me before. I sent a letter to my senator and a letter to my representative, and both closed my file after USCIS informed them of the situation. :cool: If I were you, I would only contact your congressman, and do it personally. Do not send an email. Do not call. Do not send a letter. They receive hundreds of letters every week. Yours will be just another piece of the pile. Make copies of your file, set up an appointment, and go there. Face-to-face appointments are more powerful. Plead your case with them, and tell them that your husband's work is depending on his citizenship status. I take it that he is a member of the military. I don't know of any other job that hires residents and requires citizenship after a certain time. Finally did you check with the FBI to see if his name check has been cleared?

Good luck to you Madam.

AlexanderG
Waiver ? Is that a standard procedure ? Should I expect the adjudicating officer to ask my wife or me to sign a waiver at the time of the interview ? How/Why could it be that USCIS demands something that could be less than legal ?
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Alexander, when dealing with USCIS, expect everything. Prepare yourself well. I would refuse to sign the waiver if I were you. But I had never had an experience with the waiver issue. So my advice: seek a second opinion. Maybe a legal one. Good luck.
 
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Thank you, very good advice. So you think that contacting a Representative is better than contacting a Senator? Why so?
Yeah, you must be right about personal conversation, we'll do it, good idea. And we will do it in steps, first - the Representative and if it does not help, then both Senators (both of them are D, one is more prominent than the other).
No, my husband is a researcher, his job is in one of the government research facilities, it does require a citizenship status after a certain amount of time. Unfortunately, I suspect that it also can be a sticky point for a congressman (a Representative and a Senator are both congressmen I think J), smth like "what if this person is after our national interest, I don't want to be responsible".
I tried to call FBI, the response was that they do not accept any communication from the public due to some "project" on 2.7 millions name-checks from 2002-2003's requests. My husband did send an e-mail to the address they have on FBI site, but it can be months and months before they answer if ever :(
 
Publicus said:
and keep loved-ones apart for terribly long periods.
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Is it wise to mention about your loved one who you want to sponsor to come to US after you get the US citizeshhip? It may look like a person is getting his/her citizenship just for that reason.
 
zaraza said:
Thank you, very good advice. So you think that contacting a Representative is better than contacting a Senator? Why so?
...(a Representative and a Senator are both congressmen I think J), My husband did send an e-mail to the address they have on FBI site, but it can be months and months before they answer if ever :(
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I am glad you understood the wisdom behind meeting your congressman personally. It's a lot better, and it gets better results. Especially with the human touch behind the request. The American Heritage Dictionary states that a Congressman is a member of the US Congress, especially of the House of Representatives. Therefore a Representative is a Congressman or Congresswoman, and a Senator is a Senator. It is usually better to contact a Congressman because their staff deals with only a District. Senators are a lot busier because they deal with all their State's constituents. So your case in this case will get more attention from the Representative's office.

On another topic, the FBI will indeed take a long time to answer your email. They just answered my February email last July. You may file a FOIA request with them to see if they have any record on your husband. Then you can use the FOIA response in the court if you ever file a lawsuit.

Boy! you must love your husband very much. Where can I find a woman like you? :D
 
SSfromCA said:
Is it wise to mention about your loved one who you want to sponsor to come to US after you get the US citizeshhip? It may look like a person is getting his/her citizenship just for that reason.
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NO, because as an American, you have the right to have your family live with you in the United States. Having them away from you causes a lot of distress, and you should tell the court about it, so that they can cite a relief for these issues.
 
Need a Lawyer in NJ

I am also planning to file petition but I do not know any good lawyer in New Jersey area. Please if someone suggest a lawyer I will appreciate it.

I have already sent several letters/faxes/calls to USCIS/FBI but nothing satisfactory so far - same annoying response - background check. I received "no records" for FOIPA from FBI. I am going to talk to my congressman and see if s/he can help. My only choice after that I believe is "petition".
 
Same situation

Hello,

I am in same situation but in Philly. I am going to file next month as I am preparing for my case.
I just wanted to warn you that DO NOT GO TO SURESH DALAL. He will rob you, so beware. I didn't know if you were Indian or not as lot of Indians have tendency to go to him.
 
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