I found out what delayed my case !

L

Ladybuggy

Registered Users (C)
Does Class Action Lawsuit affect namecheck process?

Hello all,

I talked to my IO yesterday to thank her (that is just the kind of person I am and since she was a incredible nice Lady right from the get go I thought I should).
Anyway. I ask her why my case has been ongoing since sep 2006 and she said that it showed I was involved in a Lawsuit which I was not aware of actually until yesterday when I got a check in my mail.
Here is what happen. This Lawsuit has been going on according to the United States of America Federal Commision since 2002.
It had to do with a Credit Card I recieved in the mail but never activated it but got bills in the mail to make payments and stuff. So we called and threatened them with everything we had. JAG, Court and so on and they agreed to close the account. It never showed on my credit report nor on my husbands.
Well yesterday I got a $20.50 check in the mail and was very confused by it so I called that Number and went to the Website and I found out that there was a massive Lawsuit going on and my Name was involved with it because I was a "victim" without even knowing until I got the check yesterday.
I believe her because I didn't get the Letter until yesterday and during the phonecall I never mentioned that Lawsuit.
Weird what can set you back.
No more credit cards for me. Not that I have any. Don't like them, they get you sometimes in trouble anyway, lol
 
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That would really p*ss me off.
Especially since you are on the victim side of things.
I also just got a claim against a CC company from the CA State Controller. Different issue though. Never got actively involved in that in any way. God only knows what else could be lingering behind the curtains one has no idea off and what really gets me is that it delays your case, but there is nothing you can do. Especially since noone tells you about it.

That's why I always say: "Ask what you can do to help USCIS to advance the case". That way you have been pro-active.
 
I ask my Father In Law yesterday about because I wanted to know if this is a scam and he went on the Website for me that was provided in the Letter and it is legitimate because I didn't want to cash the check. Who knows what I get myself into then and I ask him shouldn't they sent me one Letter that says ok you are involved in this and we keep you updated and he said usually they do but sometimes they don't. Depends how many people are involved and the Lady I spoke to yesterday from the Trade Commision said millions were affected by it.
 
That explains my namecheck delay too

Hi ladybuggy,

I think I also got some "similar" letters of settlements previously some credit card lawsuits, some stock related (class action) lawsuits. I am now beginning to think thats what is causing the delay.

My case is I applied in april 2007, my wife got her citizenship and I am stuck.
I have already written to USCIS ombudsman and my senator. What more can I do? or do I just have to wait?

Well I am glad this ordeal is over for you and thanks for sharing useful information on this forum.

Regards
 
I honestly don't know what you can do. You did already write "higher up's". Did you ever get a response ?
 
standard response

Hi,

I got response from ombudsman that they opened Inquiry and I should hear within "45 days" from USCIS.

My senator;s office replied that they have placed inquiry with USCIS but "large" volume prevents USCIS from responding immediatley and they will let me know as soon as they hear anything.

I suppose the above are pretty std responses. Not expecting much.

PLus it has only been 10 months since I applied. when I called Customer service they told me they cannot let me talk to IO unless the case is 365 days from the prioroty date..which will be in april 2008. I am not able to get infopass appt because in NJ my area there arent any available.

so all is left to me is pretty much wait and hope. I cannot think of WOM atleast until October 2008.

What worked in your case?

Thanks in advance
 
Well ... Patience, Patience, Patience.
When I first applied I used to run to the Mailbox as soon as the Mailman came. Well let me rephrase this. After I had my Fingerprinting done. I used to do this for about 3 month.
Then I said enough of it. I stopped looking 15 times a day at the USCIS Website to see if my status changed. I stopped running to the Mailbox and 11 month after applying out of the blue I got my Interview Notice. Completely unexpected because I had other priorities.
After the Interview though which took place in November I started up again with running to the Mailbox and this and that. Calling USCIS and local DO and so on.
Then I just lost hope and when I did ... I recieved my Oath Date.

Each and ever case is different and "unique" in one way or another most of the time without us knowing like my thing with the Lawsuit I didn't know about until 6 years later. Not 6 years after applying but 6 years after the Lawsuit started.

What I can tell you is be patient which is easier said than done but IT CAN be done and just let USCIS do their thing.

Look at my Timeline and you see what has been happening.
 
Immi2001

No my Oath is actually for Topeka, KS even though he IO told me during my Interview it would be at the Federal Court in KC but on the Oath Notice it says US District Court in Topeka
 
Ladybuggy

Thanks for this post... I am suspecting the same in my case now as I have received couple of mails for such lawsuits for credit cards and wester union I think. I had applied for N400 on 10/06 and still waiting for the interview... hope it gets done soon. Congrats to you though.
 
Thanks Ladybuggy

Hi ladybuggy,

Thanks for sharing your experience. Can I borrow some of your patience please?:)

I am doing exactly what you were doing few months ago..I call everyday at home around the time mailman comes, to ask my wife if "anything" has come in the mail. On Saturdays I run to the mailbox after mailman leaves only to find some stupid fliers or my insurance bills in the mailbox.(Insurance companies are quite prompt..maybe USCIS should outsource it to them:)

I suppose I should leave it to God (and USCIS) to take necessary actions on my N400. (It is very difficult to not think about it although I try very hard).
But people like you who post their experiences make this wait somewhat bearable to know that there is still hope.

Thanks again for sharing and congratulations to you.

Regards
 
What I learned is that many people especially in the first couple of weeks maybe even month get consumed by USCIS. Their thoughts, their daily routine, everything.
I know it is very hard not to think about it. I speak out of experience. But sooner or later you have to say enough is enough.
I have a family, I have kids and a husband deployed and concentrated on that and just said my time will come sooner or later. And it did 16 month (I think) later. It was a long wait, many setbacks but I never backed down. I stood up high.
And yes you can have some of my patience because now I have plenty to give, lol
 
Hmm, interesting. So a class action lawsuit against a major credit card can delay your Naturalization processing? Most of these class action suits assume you are a part of it unless you opt out. I recently received a class action status notification letter from Visa saying that they were being sued for not sufficiently notifying customers about foreign transactions fees. I guess I'll soon find out if it will delays my application.
 
Bobsmyth said:
Hmm, interesting. So a class action lawsuit against a major credit card can delay your Naturalization processing? Most of these class action suits assume you are a part of it unless you opt out. I recently received a class action status notification letter from Visa saying that they were being sued for not sufficiently notifying customers about foreign transactions fees. I guess I'll soon find out if it will delays my application.
Click to expand...
Yeah, this is disturbing news to anybody who has a credit card because over the years I have received several notices involving class action lawsuits that I want no part of. Most of them involve credit card companies, but one even involved Blockbuster Video and the late fees they were charging for their movies.

Just a few thoughts though, since this is a civil matter and not a criminal one, why should it delay your naturalization process? As well, doesn't just about everybody have a Visa or American Express card and, if so, would these frivolous lawsuits not slow down the process for virtually all applicants?
 
Not to dis-credit Ladybuggy about the encounters with particular IO for the matter, but it is very in question what could be the reason for your (or any others) delay in naturalization processes. It could be even worse if IO make this an "offical" reasoning, which would be a direct violation for USCIS on judication process. There is no way by any streatch of imagination should the naturalization has any burden on any kind of civil matter of individuals from the past. Beside, FBI NAME CHECK process would have nothing to do with any civil judgement records. If this officer would be willing to make in writing on your case and stated that reason for your delay, I would imagine the USCIS or any related agency could face the class action themselves.......

Just my 2 cents.
 
The thing is we DO NOT KNOW what exactly they check. I know you don't want to discredit me but the IO told me about this delay even before I had a chance to tell / ask her if that caused my delay.
There is a chance that it is true. I mean why is someone with a non common name stuck for 2 years in the name check with no criminal history and things like that and there are more than one person on this board and somewhere out there who we don't know about.
There is a possibility. I don't know. I does sound fishy I can see that but like I said she mentioned it before I was able to even mention it and that struck me
 
Bobsmyth said:
I recently received a class action status notification letter from Visa saying that they were being sued for not sufficiently notifying customers about foreign transactions fees. I guess I'll soon find out if it will delays my application.
Click to expand...

I got the same letter from Visa too. I'm astounded that such a thing could delay citizenship when it is a civil matter, and that too where the only possible party at fault is the credit card company. I agree with Citizentobe if this can be proved it should be grounds for a class action against USCIS.
 
Strange

Never heard of anything like this before. Is it just one-off case or a general practise? Who can confirm?
 
FBI has reference file

FBI generates name hits from reference file for parties the are victims, witnesses of crimes or other stuff.

Once my car was broken into and i complained to police. So, i am victim of a crime. That is why i think i am stuck in name check ( with a unique name )
 
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