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lawyer to sue authorities for long background check

P

pscl

Registered Users (C)
Dear DV winners,

As you may know long delay for background check might prohibit those winners, whose number will be current late, from getting visa. I am wondering if there is anybody here who has the experience of getting lawyer to sue authorities for long delay in background check. If there is anybody with this experience, I will be so grateful if he/she can share his experience and the results of this action.

Thanks
 
i am thinking about this ,,,,,,,after my case pending AP

but can the lawyer speed up the process ??....this is the question

can he do something or just investigate about what happening ?
 
Lawyers just can sue them in the court. Then, the court might force the authorities to speed up the background check process. Actually I am thinking about this too. However, I would like to know if there is anybody here who has this experience.
 
This is a link about legal action against USCIS.

http://www.immigrationportal.com/showthread.php?t=194681&highlight=mandamus

It is up to you guys how you go about this, we are still in February and although I too have been subject to massive delay with background check last year, I was leaving the option of a lawsuit literally until the last moment and I'm glad I did. Like I've posted a number of times before my case was resolved at the end of August, four months after the interview, without a lawsuit. What a mandamus does it compels the USCIS to ACT with or without a cleared background check. That means a court order to make a decision on your case. In some cases that pisses them off and you end up losing out in the end.
You don't have to wait until the last moment but you still have a few months during which to seek help and put pressure on them without a lawsuit.

Good luck

Barbara

My AOS experience: http://www.immigrationportal.com/showthread.php?t=229911
 
BarbaraLamb!

Thanks for your advice. I am a DV winner and I didn't have the option of choosing AOS but CP. My number will be current in June or July. I am planning to act if my background check takes a long time. I might have just 3 months after my interview for BG check and I don't want to lose my chance simply just due to bad political relations among countries.

Thanks a lot for introducing that useful thread about mandamus. I would like to know when I should start to file a lawsuit that I can not only give the chance to the authorities to do their work on BG check in an appropriate time but also take my chance of forcing them to accelerate the process by a lawsuit. Is August late? How long does the process of lawsuit take for the court to order? I think if the court doesn't order by the end of September, I will lose my case anyway, am I right?

I need your help and the others' on my situation.

Thanks a lot
 
BarbaraLamb said:
This is a link about legal action against USCIS.

http://www.immigrationportal.com/showthread.php?t=194681&highlight=mandamus

It is up to you guys how you go about this, we are still in February and although I too have been subject to massive delay with background check last year, I was leaving the option of a lawsuit literally until the last moment and I'm glad I did. Like I've posted a number of times before my case was resolved at the end of August, four months after the interview, without a lawsuit. What a mandamus does it compels the USCIS to ACT with or without a cleared background check. That means a court order to make a decision on your case. In some cases that pisses them off and you end up losing out in the end.
You don't have to wait until the last moment but you still have a few months during which to seek help and put pressure on them without a lawsuit.

Good luck

Barbara

My AOS experience: http://www.immigrationportal.com/showthread.php?t=229911
Click to expand...

hi.....i think u right
we have to wait some other months before taking this step
but how can we put them under pressure ??by sending emails ?
 
I would like to know how to speed up administrative processing for my girlfriend. Perhaps an answer will be helpful here.
 
noway to speed it up

if she did CP ,,then the embassy is the only one who can make "follow up"
to speed the process ,,no one on earth can do this except them ,,,,,,,,,,
 
Pscl,

I don't quite understand what you mean by "others in your situation". Your number has not become current yet, you have had no interview. Why are you worried about background check? Are you from a middle-eastern country? In which case it is true that they do "supplementary" checks.

I have no experience about CP delays. Only AOS, and as you've read in my posts "pressure" meant getting the local Representatives involves, legwork and letter writing.

For CP in London for instance, for a friend of mine a middle-eastern visa applicant, the time for the check took 6 weeks initiated at the time of interview.

Each Embassy will be more or less efficient. Contacting a local immigration lawyer would be my choice if doing CP.

Barbara
 
BarbaraLamb said:
Pscl,

I don't quite understand what you mean by "others in your situation". Your number has not become current yet, you have had no interview. Why are you worried about background check? Are you from a middle-eastern country? In which case it is true that they do "supplementary" checks.

I have no experience about CP delays. Only AOS, and as you've read in my posts "pressure" meant getting the local Representatives involves, legwork and letter writing.

For CP in London for instance, for a friend of mine a middle-eastern visa applicant, the time for the check took 6 weeks initiated at the time of interview.

Each Embassy will be more or less efficient. Contacting a local immigration lawyer would be my choice if doing CP.

Barbara
Click to expand...
Barbara,

You mentioned you have a friend who went through CP in London. My family and I had our DV interview in London in January 2007. At the interview they told us they were waiting for a police certificate from a third country and that I had to go through administrative processing in Washington (my wife and son were approved). I called the embassy a week ago and they told me that they received the police certificate but are still waiting to hear from Washington.

When did your friend go through CP in London? What country was he/she from?
 
BarbaraLamb said:
Pscl,

I don't quite understand what you mean by "others in your situation". Your number has not become current yet, you have had no interview. Why are you worried about background check? Are you from a middle-eastern country? In which case it is true that they do "supplementary" checks.

I have no experience about CP delays. Only AOS, and as you've read in my posts "pressure" meant getting the local Representatives involves, legwork and letter writing.

For CP in London for instance, for a friend of mine a middle-eastern visa applicant, the time for the check took 6 weeks initiated at the time of interview.

Each Embassy will be more or less efficient. Contacting a local immigration lawyer would be my choice if doing CP.

Barbara
Click to expand...
Barbara!

Unfortunately, I am from a middle-eastern country:( ... what I want to know at this stage is to understand the process of taking legal actions against any would-be long delay so that I can do what is necessary fast at its appropriate time.

I hope that I won't face long delay in BG check because as I said I will not have much time after my interview.

Thanks for your help and advice
 
PSCL,

I really hope you won't be caught in a delay after your interview.

Where will you be doing CP? In what city?

See if you can find a lawyer to ask for advice. When I lived in London and needed advice on US visas etc. after a few refusals I called a major travel agent and they had a list of immigration consultants. The thing is, even after having been on DV forums for almost two years now I don' t remember reading of any legal action having been taken outside of the US. There's plenty here in the US for people doing AOS, but we don't hear much about CP. And although I have heard of a few cases that lost their DV visas because of delays (not only name check delays but other beaurocratical ones), I have not heard of anyone that did CP.
Embassies operate directly as part of the State Department and in my experience they are much more efficient than USCIS here.

I hope you find the information you need and good luck.

Barbara
 
Barbara!

I am going to call an immigration lawyer soon. The thing you mentioned about taking legal action from outside the US was one of questions. Perhaps those who chose CP cannot take any legal action anyway. My CP will be in Ankara, TURKEY. I hope that my chance can help me this time too to pass the BG check in a short time.

Thanks a lot Barbara for sharing your experience
 
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