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Lawsuit to compel USCIS to process security checks?
- Thread starter nub4057
- Start date
Of course. Read this interesting case report from a couple who actually did sue and get their Green Cards approved on September 22, 2004: http://dv.semper-ante.com/
Topetoro
If you want to file a lawsuit check the CM/ECF for a good lawyer. Registration is very cheap 8c per page. But only a lawyer with some cases in the past several years might have a chance. If you go carefully thru all the files in the listed website in your message, you'll see that some of the lawsuits are unsuccesful. Second thing is that the lawsuit does not give you a visa, but only "pushes" eventually CIS to expedite the security check. This is what they call "in writ mandamus". If FBI cannot expedite it for some reasons , then you are in a trap, you cannot win the lawsuit, the court will make a non-favorable decision.
And $5000 and more seems about right for that kind of lawsuit. $2000 is a very small amount and I wouldn't even go with this lawyer. Not that the bigger amount - the greater lawyer, but you know "if it is that cheap, there will be something fishy"
Anyways wish you luck! I cannot imagine the suffering that you guys are going thru.
If you want to file a lawsuit check the CM/ECF for a good lawyer. Registration is very cheap 8c per page. But only a lawyer with some cases in the past several years might have a chance. If you go carefully thru all the files in the listed website in your message, you'll see that some of the lawsuits are unsuccesful. Second thing is that the lawsuit does not give you a visa, but only "pushes" eventually CIS to expedite the security check. This is what they call "in writ mandamus". If FBI cannot expedite it for some reasons , then you are in a trap, you cannot win the lawsuit, the court will make a non-favorable decision.
And $5000 and more seems about right for that kind of lawsuit. $2000 is a very small amount and I wouldn't even go with this lawyer. Not that the bigger amount - the greater lawyer, but you know "if it is that cheap, there will be something fishy"
Anyways wish you luck! I cannot imagine the suffering that you guys are going thru.
Hey nub4057,
just a couple of things. I hired the lawyer at the moment that everything was already filed and I even got fingerprinted, so he couldn't charge me for filing my application or for anything other than "pushing my case". I guess that explains the $1000 amount. When it's about the lawsuit, he told me that the "last minute" intervention might go up to $2000. I probably didn't understand what the "last minute" means, so I decided it was a lawsuit. My bad! (BTW, I still don't understand!) The guy is the bes immigration lawyer in the city that I live in, so it's not just a beginner whose first DV case is mine.
Good luck and keep in touch!
just a couple of things. I hired the lawyer at the moment that everything was already filed and I even got fingerprinted, so he couldn't charge me for filing my application or for anything other than "pushing my case". I guess that explains the $1000 amount. When it's about the lawsuit, he told me that the "last minute" intervention might go up to $2000. I probably didn't understand what the "last minute" means, so I decided it was a lawsuit. My bad! (BTW, I still don't understand!) The guy is the bes immigration lawyer in the city that I live in, so it's not just a beginner whose first DV case is mine.
Good luck and keep in touch!
topetoro
nub, CM/ECF means case management, electronic case files, i.e. electronic database that you can check by the name of the case or the lawyer what is the status of the case, what was it all about, how many cases have this or that lawyer. very useful in my opinion to give you an idea how experinced is the lawyer in "mandamus" cases against ins. You see a lawyer with no cases like this - just forget it.
of course it is not for free, you have to register and pay by page (8c p.page)
here is the link below.
http://pacer.psc.uscourts.gov/
nub, CM/ECF means case management, electronic case files, i.e. electronic database that you can check by the name of the case or the lawyer what is the status of the case, what was it all about, how many cases have this or that lawyer. very useful in my opinion to give you an idea how experinced is the lawyer in "mandamus" cases against ins. You see a lawyer with no cases like this - just forget it.
of course it is not for free, you have to register and pay by page (8c p.page)
here is the link below.
http://pacer.psc.uscourts.gov/
topetoro
Guys,
I have just read something on the http://www.eskimo.com/~parents/ forum and in my opinion makes a lot of sense. Read message 60611 from Guga and the response from Andrei. Apparently for the citizens of some countires the security checks are more difficult and longer. Of course I am not sure if this is the case for waiting that long for a namecheck, but it is a good explanation though.
Guys,
I have just read something on the http://www.eskimo.com/~parents/ forum and in my opinion makes a lot of sense. Read message 60611 from Guga and the response from Andrei. Apparently for the citizens of some countires the security checks are more difficult and longer. Of course I am not sure if this is the case for waiting that long for a namecheck, but it is a good explanation though.
My country of birth is Bahrain, and I had undergone special registration and several background check headaches while waiting for H1B visa and so on. This security check was another headache. All in all my security check from the time of fingerprinting (Dec 14th) and approval (Aug 3rd) took 7 and a half months. It may be better or worse for some. Hard to say.