N400 Delay

A

Animal1234

New Member
I submitted my application in Oct 2010 and passed my interview in Jan 2011. A decision was not able to be made due to my background check not clearing. I've went in quite a few times over the years to hear update but I've received the same reply every single time to wait for the FBI background check. Back in January I hired a lawyer to help with my case. She wanted to first send letters to the USCIS to see whats going on but they've given her the same reply again. Unfortunately this lawyer hasnt really been keeping me in the loop and I am finally trying to get her to file a writ of mandamus(even though thats why I hired her in the first place). She now wants me to pay court filing fees. How can I determine what the correct fees are instead of getting a random price from her? I am already out a few thousand dollars with this lawyer so I might as well use her til the end of this court decision.

Also what are my chances of getting my background check to clear? I've never left the states and I've resided in the states for over 20+ years as a legal permanent resident. I've never committed a crime either. Unfortunately it's very frustrating having to go through so much loopholes for something that should be smooth.
 
It's been WAY too long! You need to file under INA Section 1447(b), not WOM, which is for BEFORE your interview. Check the court website (or call the clerk) to check the fees. You can also fire your lawyer and do this yourself. There's thread here with a lot of instructions: http://forums.immigration.com/threa...a-lawsuit-merged.182108/page-900#post-2398595

Actually, you probably ought to fire your lawyer regardless. Seems she's a dud/thief.

You can also file a Freedom of Information Act request with the FBI. Check their website for instructions, but this might not yield anything as a lot of stuff won't be released. Do you have a muslim name? That can often be the problem, unfortunately. However, if you are sure you have a clean history, the 1447(b) lawsuit is the ticket.
 
cafeconleche said:
It's been WAY too long! You need to file under INA Section 1447(b), not WOM, which is for BEFORE your interview. Check the court website (or call the clerk) to check the fees. You can also fire your lawyer and do this yourself. There's thread here with a lot of instructions:

Actually, you probably ought to fire your lawyer regardless. Seems she's a dud/thief.

You can also file a Freedom of Information Act request with the FBI. Check their website for instructions, but this might not yield anything as a lot of stuff won't be released. Do you have a muslim name? That can often be the problem, unfortunately. However, if you are sure you have a clean history, the 1447(b) lawsuit is the ticket.
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I'll make sure to file the 1447(b). I have an appointment with my lawyer next week to be direct with her about what I want done. Why should I fire her if I'm already out a few thousand dollars. Shouldn't I make her work for that money or is there a possibility she may ruin my case by not filing correctly?

And yes to your last question.

Have there been instances in which a person has lost their 1447(b) case? Just want to know what my chances are if I've never had any criminal history.
 
Why should you fire her? Because she's been stringing you along for years! She should KNOW that after 120 days, you had the right to file 1447(b), but she has been BSing for over TEN TIMES LONGER! There's always the risk in lawyers stretching out these things to make money, but in your case, the risk is not hypothetical as far as I can see. So no, I would NOT trust her.

You can lose your case, yes. But, like you said if your history is clean, you have nothing to worry about if you go in there confidently. And anyway, a denial would at least close this chapter, and you can start a new one. By the way, how is your travel history? A lot of travel? Is your continuous residence/physical presence in question? That could also be an excuse for them to deny.

Read through at least the last few pages of the lawsuit thread I linked to. My case was a success even with travel issues, but I think I covered my bases well and documented it (we settled out of court, which is what you want, and what will most likely happen). But another case there after mine wasn't.
 
cafeconleche said:
Why should you fire her? Because she's been stringing you along for years! She should KNOW that after 120 days, you had the right to file 1447(b), but she has been BSing for over TEN TIMES LONGER! There's always the risk in lawyers stretching out these things to make money, but in your case, the risk is not hypothetical as far as I can see. So no, I would NOT trust her.

You can lose your case, yes. But, like you said if your history is clean, you have nothing to worry about if you go in there confidently. And anyway, a denial would at least close this chapter, and you can start a new one. By the way, how is your travel history? A lot of travel? Is your continuous residence/physical presence in question? That could also be an excuse for them to deny.

Read through at least the last few pages of the lawsuit thread I linked to. My case was a success even with travel issues, but I think I covered my bases well and documented it (we settled out of court, which is what you want, and
what will most likely happen). But another case there after mine wasn't.
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I do need to clarify. I actually hired this lawyer back in January. We first had to transfer my files from a different state and then she wanted to send a letter and email to ombudsman to get a response. Is that reasonable? I pretty much paid her the fees so I feel like if I can at least make her do the work then the money doesn't go to waste.

I've never left the states. Also should I attempt to get the info from the FBI? Is it worth it? I've had FBI checks done for work/school and nothing has come up in the past.

edit: I also just spoke with the clerk regarding filing fees and I was told $46. Does that sound right?
 
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That's a low fee, but it depends on your court. Mine was in Brooklyn, and New York tends to be expensive. I think it was at least $150, but I've forgotten. If you're in, say, Topeka, $46 sounds fine.

I didn't realise you'd just moved. But regardless, this should have been over years ago. I thought you had the lawyer from the beginning (January 2011, when you had your interview). Sorry about that. I guess she's not as bad as I made it seem. She could be trying to show that she tried everything before a possible lawsuit, but I don't know what her plans are. You ought to mention this to her, and if you paid a lump sum fee, then yes at least retain her for the time being.
 
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