Name check cleared after mandamus filing

D

dw2005

Registered Users (C)
After stuck in the name check for 20 months, I finally completed my long journey of naturalization and become a US citizen today. Here is my timeline:

1/2004, N-400 filing
3/2004, FP and name check submitted
3/2005, Interview (was told NC was pending)
3/2005-7/2005, called, wrote, e-mailed and faxed to USCIS and FBI numerous times regarding the delay; requested FOIPA from FBI, requested helps from congressman/senator... Still pending
6/2005 2nd FP
8/2005 Hired an attorney and sent a letter of intent to sue to the USCIS, giving them 30 days to respond. Nothing happened
10/2005 Filed wit of mandamus
11/9/2005, NC cleared
11/22/2005 Citizenship approved; Oath taken

Although it has been a long journey for me, I am a happy person today. Thank you all for sharing information. This site has been really helpful to me. My biggest tip based on my experience: put all your trust and faith in God, and He will provide.

Good luck to all who are still in the journey. Wish good things happen to you all soon.
 
Good job man. You confirmed what I've been always saying: Make the Bastards work for you. Sue them!

I have great respect for you, because you did not wait one minute. You took action as soon as the deadline was up. I wish everybody did this. USCIS would finally understand that they are not above the law afterall.

Good for you.

Publicus.
 
dw2005 said:
After stuck in the name check for 20 months, I finally completed my long journey of naturalization and become a US citizen today. Here is my timeline:

1/2004, N-400 filing
3/2004, FP and name check submitted
3/2005, Interview (was told NC was pending)
3/2005-7/2005, called, wrote, e-mailed and faxed to USCIS and FBI numerous times regarding the delay; requested FOIPA from FBI, requested helps from congressman/senator... Still pending
6/2005 2nd FP
8/2005 Hired an attorney and sent a letter of intent to sue to the USCIS, giving them 30 days to respond. Nothing happened
10/2005 Filed wit of mandamus
11/9/2005, NC cleared
11/22/2005 Citizenship approved; Oath taken

Although it has been a long journey for me, I am a happy person today. Thank you all for sharing information. This site has been really helpful to me. My biggest tip based on my experience: put all your trust and faith in God, and He will provide.

Good luck to all who are still in the journey. Wish good things happen to you all soon.
Click to expand...

Did you file under 8 USC 1447(b)?
 
He filed a mandamus case, not a petition for a hearing under 1447b.

Bashar, this case is another proof that the intent to sue letter has no effect with this rogue agency.

dw2005, did your attorney serve the defendants? Did he speak with the US attorney at all? Can you tell us a little bit about the events that happened after you filed the lawsuit with the district court?

Thanks.
 
Thanks.

My attorney served defendants including US AG, Secretary of DHS, Directors of CIS.

After the filing, my attorney told me to wait up to 60days. Nothing happened since then until the surprise call for oath. I was actually hoping to hear sth in early Dec.
 
dw2005 said:
Thanks.

My attorney served defendants including US AG, Secretary of DHS, Directors of CIS.

After the filing, my attorney told me to wait up to 60days. Nothing happened since then until the surprise call for oath. I was actually hoping to hear sth in early Dec.
Click to expand...

Who called you? Your attorney, or CIS directly. I am truly happy for you. Hopefully people will read your success story, learn from it, and stop getting so scared from USCIS.

How much did the attorney charge you? And did you talk to them about Petition for Hearing under 1447b?

Thanks.
 
dw2005 said:
My attorney served defendants including US AG, Secretary of DHS, Directors of CIS.

After the filing, my attorney told me to wait up to 60days. Nothing happened since then until the surprise call for oath. I was actually hoping to hear sth in early Dec.
Click to expand...

Congratulations!
Glad to hear about your successful story!
My mandamus complaint is pending in a district court for 30 days now. So far no news. But in response to court summons I have got a letter from VSC saying that they could not expedite my case since my security checks are not done yet ...
Why don't they expedite security checks as they supposed to do in case of a lawsuit?
It looks like they have chosen a strategy of waiting and will ask court to extend time. I am getting ready to oppose this motion.
 
Publicus,
I don't expect a response from USCIS to my "demand" letter. It is my hope that I will be able to score some "brownie" points with the court by showing that I tried my best to avoid litigation. If not, then I just wasted $3 for sending it by certified mail.
 
bashar82: My was filed in the US District Court Northern District of Georgia.

My case has been smooth. I do not think CIS ever contacted my attorney as my attorney never updated me with such information.

Gegemon: Thanks. Sorry to hear that VSC is trying to fight your case. It is my understanding that CIS can indeed request NC expedite. I remember someone posted here a link to an attorney's web site a while back (maybe 5-8 months), showing an INS memo indicating mandamus suit as one of the reasons to request NC expedite.

Publicus: I did not talk to my attorney about judicial review because I thought mandamus was a better choice. If you file for judicial review of your application, then case is out of CIS's hands, even if they choose to expedite. My case has a flat fee of $1500 plus court filing fee of $250. If it ever goes to court, my attorney would charge me more. I received the oath call from CIS.
 
Gegemon said:
My mandamus complaint is pending in a district court for 30 days now. So far no news. But in response to court summons I have got a letter from VSC saying that they could not expedite my case since my security checks are not done yet ...
Why don't they expedite security checks as they supposed to do in case of a lawsuit?
It looks like they have chosen a strategy of waiting and will ask court to extend time. I am getting ready to oppose this motion.
Click to expand...

First of all, people should know that USCIS has nothing to gain to "fight" a case in the court against immigrants, nor they want to delay the processing of a case, especially when USCIS is determined to clear up the backlog as soon as possible. The testimony of Director of USCIS could be read in USCIS website about this in the Congress.

Secondly, security clearance is out of USCIS hand. Even if USCIS wants the clearance to be done on an expedited manner, yet still it is in the hand of FBI. FBI doesn't even care Congress people’s request on this then do you think they would care about USCIS? Further, USCIS does send request to FBI within a second to do Security Clearance after fingerprints are obtained. If FBI doesn't clear someone, it is not USCIS problem.

Thirdly, as we all know that inefficient and lazy people are everywhere. So, USCIS is no exception in that area. Because of some lazy people, whole USCIS is blamed for wrongdoing.

Fourth, I've always said lately that it is better to sue USCIS in the court. Because more lawsuits would be filed, more workload for USCIS. This way, they will learn to do their job efficiently without the involvement of any lawsuit. Same thing with FBI. Though a lawsuit cannot be filed against FBI for this reason, but people can write them all the times to make them realize that they do need extra people to work on security clearance than having only 9 officers to do this "dirty" job for people around the globe. It is my position that people should write to their Congressperson to force the FBI to do something in clearing people within certain time. Sending a letter to FBI thru a Congressperson or caring/talking about your own case with FBI won't solve this problem, rather Congresspeople should take this matter in the Congress to force FBI to do something in this respect. People should also contact medias to expose the bureacracy of FBI in this "security clearance" thing. Who knows all these efforts would pay out in the end? If not for you, but for others in the future.

Fifth, if someone will bother to read courts' cases then people would know that most of times Judges have granted the Motion filed by USCIS on the ground of 'security clearance is pending' because Courts' position is- [1] USCIS is not responsible for security clearance; [2] without a security clearance, USCIS cannot make a decision on a case as per immigration laws. That said, opposing the Motion wouldn’t do any good. Besides, even though someone opposes a Motion that doesn't mean that Motion will be denied. Judge is the one would make the ruling on the Motion depending upon the merit and logical reason in the case.
 
name check pending for 30 months

Excellent job.
my case
12/2002, I-130 and I-485 filing
3/2003, FP and name check submitted
8/2003, Interview (was told NC was pending)
7/2005-11/2005, called, wrote, e-mailed and faxed FBI many times regarding the delay; requested FOIPA from FBI, asked helps from congressman/senator... Still pending

Would you like to tell me your attorney's name and phone number who helped you for mandamus? Thankyou
 
Citizenship--- Name Check

Congrate, my is taking long since September 11th. 2004 i took the test and passesd same story my case is still pending at FBI well who was your lawyer and how much he charge am in new jersey ,y email is jomens77@msn.com you email me to brief more thanks and happy thanksgiving
 
Can anybody find that memo that shows that USCIS and the FBI speed up the name check process because of lawsuit?
 
light3222004 said:
dw2005,
Would you like to tell me your lawyer name and phone number? I am in Seattle. YOu can write to my email light3222004@yahoo.com Thank you very much.
Click to expand...

I also need to find a good lawyer in New Jersey area due to name check delays. Please suggest a good lawyer if you know one who is experienced.
Thanks
 
light3222004, zack01, JOE77

Please check your private message. Thanks.

Hope you all had a nice Thanksgiving.
 
Hi dw2005,
You were lucky, congratulation. I was thinking myself about filing a writ of mandamus...but when my lawyer told me that will cost me $20,000 and he doesn't guarantee that the judge will ACCEPT TO HEAR THE CASE(!?!) I didn't know what to do anymore...
I don't mean to be pessimistic or to offend you in any way, but I have a question I need to ask: How do you know your lawsuit expedite your name clearance...and is not just a coincidence?...not that it matters for you anymore, but it matters for us who may consider a writ of mandamus in the future...
 
vulpasin said:
Hi dw2005,
You were lucky, congratulation. I was thinking myself about filing a writ of mandamus...but when my lawyer told me that will cost me $20,000 and he doesn't guarantee that the judge will ACCEPT TO HEAR THE CASE(!?!) I didn't know what to do anymore...
I don't mean to be pessimistic or to offend you in any way, but I have a question I need to ask: How do you know your lawsuit expedite your name clearance...and is not just a coincidence?...not that it matters for you anymore, but it matters for us who may consider a writ of mandamus in the future...
Click to expand...

Fire your lawyer as soon as possible. What a pity lie? Research some messages I posted some time ago about mandamus cases. You can file one yourself. Most lawyers will represent you for $1000 to $2000.

Read my messages and educate yourself. Information is power.
 
Thank you Publicus.
Fanny thing...I was in process of reading your previous threads, they are very educating and inspiring.
 
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