InfoPass

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cregan

Registered Users (C)
I'm going to another InfoPass appointment as last time I think they were just giving me information so I would stop crying. I cried, I am so tired of all this. I'm just a 5 ft 1 in quite Canadian :-) they are are giving me the run around like I am a person that deserves to the treated that way.

I'm taking my husband to the InfoPass because as a US born and Veteran he is tried that I am getting treated that way. I know that when we meet with the IO all they will say is "yes you are still pending and goodbye" Even when I am persistent, they tell me to go away. What should we do? Should my husband request to speak with a supervisor?

Thanks
 
Creagan, sorry to hear your bad experience. I hope you'll get more responses here. I read on this forum that people in simillar situation to yours have tried some other perseverent ways to get things done; like writing letters to their congressman or senator, or even writing to the president's office. The point here is for your husband to put these politicians that we pay to work. I hope this helps. Good luck to both of you.

Also, do try to speak to the supervisor next time when you go their. You hae the right to do that.
 
cregan, it's quite obvious that time has come for you to sue the USCIS. If you don't take legal action, they'll be giving you the runaround for as long as they want.
 
Hey Chantal,

I was hoping that after your last infopass that you would have received an interview letter by now :mad:

I fully understand your husbands frustration as well as yours, but when it comes to N-400, its more or less between you and USCIS even though you are applying under the marraige rule, unless USCIS invites your spouse into the mix. He can probably ask, but, I doubt its going to make any difference (vet or not) as he is not the person applying.

As I've said in another thread that we had running, a lawsuit would be my last resort, but it would appear your options, apart from patience are starting to become limited, but I don't know where you stand legally until you have had an interview (they have so many days to make a decision etc).

Obviously others can advise you better regarding legal action as they have stepped down that road (there is a whole sticky thread about it all up there somewhere). If I remember correctly both you and your father already have lawyers, I'd be seeking their advise at this point if I were you.

Anyways, good luck, I hope you can get this resolved quickly without having to resort to legal action.

Weston.
 
I'm always so happy to have the support we get here, thank you

Weston08, weird news today ...

My attorney received conflicting information today form USCIS. I've been stuck in FBI records over 15 months. I don't know what they have about me as I do not know of anything concerning I have done and my professional certification did a FBI background check over a year ago so I can be admitted into my profession. I was previosly told by IO, Sen Jon Kyl and attorney that I had passed FBI clerance over a year ago.

I'm allergic to the thought of filing a lawsuit. That can take years and it's silly to think I have to file a lawsuit against the agency I'm seeking my citizenship from. Now, it makes me concern about the renew of my green card. I spent 7 yrs to become certified in my profession with tons of exams. I called my professional association in Canada to see if I can transfer my license, they are telling me that I can't. I will have to redo my bachelors and masters plus my certification in Canada in order to work in my industry. I'm concerned that I wasted all this time. i'm growing too old to go back to studies all over again. I'll have to work at a retail job after my certifications and career that I enjoy. I loose my license if I loose permanent resident.
 
Why would you lose your permanent residence? They can't take your permanent residence away just because you might be suing them. I'm not saying you should, but they can't just take it away.
 
cregan said:
I'm allergic to the thought of filing a lawsuit. That can take years and it's silly to think I have to file a lawsuit against the agency I'm seeking my citizenship from.
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You are not suing for money, you are suing to force them to stop sitting on their ass. A Writ of Mandamus lawsuit usually does not take years; most WOM lawsuits never actually go to court, because the USCIS usually responds by expediting your case rather than letting it drag through the courts. And even if it goes to court, it usually doesn't take years for the court to force them to take action. Given that you have already waited this long without progress, a lawsuit is probably your only option if you don't want to spend the next 2 or 3 years waiting.

Suing them won't make them deny your case or take away your green card. The lawsuit lets them know that you mean business and they won't retaliate because they realize you have some lawyer firepower behind you and it is illegal for them to retaliate.
 
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Chantal,

So to sum up, if they are both using the same services to do background checks you more or less have evidence that what they told your attorney is baloney... I am very curious as to what your profession is to require an FBI background check and if that if USCIS is aware of it and are being "cautious" because of it (speculating here)


cregan said:
I'm always so happy to have the support we get here, thank you

Weston08, weird news today ...

My attorney received conflicting information today form USCIS. I've been stuck in FBI records over 15 months. I don't know what they have about me as I do not know of anything concerning I have done and my professional certification did a FBI background check over a year ago so I can be admitted into my profession. I was previosly told by IO, Sen Jon Kyl and attorney that I had passed FBI clerance over a year ago.

I'm allergic to the thought of filing a lawsuit. That can take years and it's silly to think I have to file a lawsuit against the agency I'm seeking my citizenship from. Now, it makes me concern about the renew of my green card. I spent 7 yrs to become certified in my profession with tons of exams. I called my professional association in Canada to see if I can transfer my license, they are telling me that I can't. I will have to redo my bachelors and masters plus my certification in Canada in order to work in my industry. I'm concerned that I wasted all this time. i'm growing too old to go back to studies all over again. I'll have to work at a retail job after my certifications and career that I enjoy. I loose my license if I loose permanent resident.
Click to expand...
 
I didn't mean I would loose my permanent residence. I met that when I have to renew, it they give me the same difficulty, they will probably not renew my GC on time. This means, if I loose my status, I have to redo my professional exam once I become a GC again. It was too difficult to do over or do again in a different country.

Weston08, They had done a background check on me for my exam application. Once I passed, I had to sign papers so they could do a FBI background check on me. I finally became a Certified Public Accountant on Dec 07. That was after I filed my N400. Ya maybe you might be on something. I had basically 3 background checks done in 2007. I was fortunate enought to pass my exam the same year I applied so that was 2 checks + N400. Interesting thoughts

Jackolantern, that feels nice to know that it will not take years :-) I am meeting with my attorney tomorrow
 
cregan said:
I didn't mean I would loose my permanent residence. I met that when I have to renew, it they give me the same difficulty, they will probably not renew my GC on time. This means, if I loose my status, I have to redo my professional exam once I become a GC again. It was too difficult to do over or do again in a different country.

Weston08, They had done a background check on me for my exam application. Once I passed, I had to sign papers so they could do a FBI background check on me. I finally became a Certified Public Accountant on Dec 07. That was after I filed my N400. Ya maybe you might be on something. I had basically 3 background checks done in 2007. I was fortunate enought to pass my exam the same year I applied so that was 2 checks + N400. Interesting thoughts

Jackolantern, that feels nice to know that it will not take years :-) I am meeting with my attorney tomorrow
Click to expand...

When your GC is up for renewal, no additional background checks are performed. You're only renewing the actual document, not your status.
 
I agree with Vorpal. Your PR status will never expire, that's what the word "Permanent" means. Only the Card expires. It won't affect your qualification as a public accountant.
 
So, let's say they dont' want me as a citizen because of whatever. Then they can't deny my renew of CG? So I would just have to reapply every 10 yrs? and I can say active in my profession?

I was just so afraid that next time they would be, well you didn't pass your FBI checks so now we wont renew your CG ... Cause if that would have been the case, I would be moving back home, buying a cabin in the middle of nowhere and living off my land, because no more school :-)
 
cregan said:
So, let's say they dont' want me as a citizen because of whatever. Then they can't deny my renew of CG? So I would just have to reapply every 10 yrs? and I can say active in my profession?

I was just so afraid that next time they would be, well you didn't pass your FBI checks so now we wont renew your CG ... Cause if that would have been the case, I would be moving back home, buying a cabin in the middle of nowhere and living off my land, because no more school :-)
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You will not have your permanent residency revoked, nor will you have to move into a cabin in the middle of nowhere. :)

You have already cleared the required name checks during the GC process. Again, you'd only be renewing the document, not your actual status. The procedure is somewhat similar to renewing your driver license. When your license expires, all you have to file a renewal form with the DMV. You don't have to take the written/road test again. Same goes for GC renewal.

I strongly suggest that you begin exploring the possibility of suing the USCIS. In cases such as yours, a lawsuit seems to be the only way to get them to act on your case.
 
i met with my lawyer today and he advice me not to sue INS and I should wait. I am not listening to him. I am looking into suing them. I printed a Pro Se package and reading this weekend. The only thing I'm concerned is I don't know what to file my complaint under as I don't know if I have cleared FBI or not. I have no concrete information. Just pending for 15 months.

I'll listen to you and not go buy my cabin in the middle of no where :-)
 
Vorpal said:
When your GC is up for renewal, no additional background checks are performed. You're only renewing the actual document, not your status.
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Actually, for GC renewal they do run a basic background check with the fingerprints. But they don't do the more lengthy FBI name check.
 
cregan said:
i met with my lawyer today and he advice me not to sue INS and I should wait. I am not listening to him. I am looking into suing them. I printed a Pro Se package and reading this weekend. The only thing I'm concerned is I don't know what to file my complaint under as I don't know if I have cleared FBI or not. I have no concrete information. Just pending for 15 months.

I'll listen to you and not go buy my cabin in the middle of no where :-)
Click to expand...
Before suing, you are expected to have attempted to pursue other avenues like contacting your Senator, Congressperson, and the First Lady. Sometimes one of them will take action and USCIS will expedite.

When you file the lawsuit you want to be able to say that you have already contacted the Senator and Congressperson without success, otherwise the lawsuit could get thrown back at you with instructions to contact those people.
 
I did contact our Senator. Now we think they gave him wrong information. They had told him that I had passed my FBI clerance over a year ago and they verbally guaranteed him that I would be placed in queue for interview. My lawyer was told the same information. But my lawyer received an inquiry response that my file was stuck at FBI. I tried calling and faxing our Senator's office again to get an updated, but no response, but that must be a given with the elections.

I sent Case Problem Submission Worksheet to CIS Ombudsman. How long do they take to respond?
 
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Hi Chantal .... I am in the same boat as you ..My notice date is July 26th. On the Notice Form, they told me I should hear something about my interview within 450 days of the notice date. To this date, I have not heard anything. I have had several Infopass appointments with no luck, all they told me was I am still in namecheck pending. I have contacted my senator and I got the same response back. I have sent a letter to the Mrs. Bush last July and I just received the FBI release form so they could check my records.
My lawyer also advised me not to sue and just wait but I am getting tired of that answer. Yesterday, I sent couple of letters to my service center director and district office director. I am going to give them time till November 30th since that is the time line all pending applications should be cleared by. If I do not hear anything, then I am planning on suing them...
 
Jackolantern said:
Actually, for GC renewal they do run a basic background check with the fingerprints. But they don't do the more lengthy FBI name check.
Click to expand...

That's what I meant to say. I believe that biometrics (FP) are now required for most types of USCIS applications, even re-entry permits.
 
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