Name Check Pending -- Like to file lawsuit

Hello,

I live in the bay area too.

I just received an email from FBI and my name check is pending:
======================================

Dear xxxxxxxxxxx:

I am responding to your email dated December 17, 2004, concerning your name check status.

A review of the FBI's Name Check Program database revealed that a request from the U.S. Citizenship and Immigration Services (USCIS) for xxxxx xxxxx, date of birth xxxxx x, xxxx, was received on November 4, 2004, and is currently in a pending status. You may be assured that the immigration authorities will be advised at the earliest possible date upon completion of this case.

Sincerely,

Michael A. Cannon/gmg
Chief, National Name Check
Program Section
Records Management Division

======================================

I would like also to take action.

It will depend on how much it cost.
 
Count me in

My name check is pending since April 2003. Used to live in the bay area, now in NJ. I would also like to file a lawsuit together.
 
We need to file individual lawsuit and cost will be around 5k -15 k max, As per Raeev , Most of the time It get settle outside of court i.e. cost around 7k

Rajeev mention in his conf. call if some people come together .. It will cost less...
 
looking_for_gc said:
We need to file individual lawsuit and cost will be around 5k -15 k max, As per Raeev , Most of the time It get settle outside of court i.e. cost around 7k

Rajeev mention in his conf. call if some people come together .. It will cost less...


My case is still in pending since June 04,I called FBI and lady said email us I emailed and fax FBI i guess 2 weeks ago but no response yet.

Any suggestion !

Thanks
-Querry
 
I am interested

My repeated emails/faxes/snail mails have had no responses yet. I will certainly be interested to chip in any amount to take legal action to make FBI comply to reasonable timelines.

Keep the progress posted, please.
 
The funny thing is, CIS issued me a temp GC (stamp on my passport) by mistake and my name is still in pending.

They issued a tem GC stamp on my passport first time for six months and I was told by officer that you will be getting your card in mail. But when i did not recieve anything, I went to CIS (or INS) office so the same officer cancle my Stamp but my lawyer called them right away so he issued me a GC for next six months BUT my name check is still in pending !

any comments or any suggestion will help me.

Thanks
-querry
 
sunjoshi said:
My repeated emails/faxes/snail mails have had no responses yet. I will certainly be interested to chip in any amount to take legal action to make FBI comply to reasonable timelines.

Keep the progress posted, please.
I live in South Cali, and would be interested in law suit as well.

Thanks
 
looking_for_gc said:
I live in Bay Area and my email address is rnk1116@yahoo.com .. Let me know if you guys are also planning to file a lawsuit.. We can go to Rajeev for lawsuit...

Don't make quick decision based on your emotion. You need to be well prepared before going to war. And it is not an easy task and there is no guaranteed win.

_____________________________________________________________


srireddy
Registered User Join Date: Feb 2004
Posts: 223

Quote:
Originally Posted by candie
My kid has emergency this morning so I missed the conference call. Can anyone post the minutes or at least the brief of the conference? Thanks

Here are the main points that I captured (In random order):

a) Since individual circumstances will be different, Rajiv advised against group lawsuit, instead he may offer discounts to people in large numbers with similar situations who approach together, but lawsuits will be filed individually

b) Costs incurred may range from $5000 to a max of $15000 plus the costs

c) Rajiv recommends that it may be wise to wait until your RD is 1 year after the Current processing dates for AOS and 120 days for naturalization folks.

d) Contact your congressional offices and AILA Liason via your lawyer (Prefers Cong offices to AILA)

e) Uses not just Mandamus but also APA? (to better support the writ??)

f) The new REAL ID may potentially give more discretionary powers to USCIS prohibiting people from suing CIS but the new law is untested for now. (Folks, please correct me if I misrepresented this one)

g) Lawsuit primarily depends on the judge, the process is uncertain and difficult

The above are some of the notes that I have taken and folks who attended, please add to and correct any of my notes above.
 
Settling out of court --- does it mean that we will get our approvals?
Do we get back our money if it is settled?
Is this another way of 'Super Premium Processing'?
Or should I worry only about myself?

Stand in line, name check is nothing -- next there will be Penile imprints and Rectal scans, for checking religion and orientation.

www.givemeyourmoney.com

Let us keep filing lawsuits and settling. Let the 'Cash Flow'.
Uncle Sam is bankrupt anyway :)
 
Last edited by a moderator:
Guys,

I am not ready to spend $5K on that. I hate name checking but not that much.

I was more thinking spending $500 max.

If there are few persons interested in the bay area maybe we can get together to see what we can do and to pick a lawyer if we find an agreement on who to sue (CSC - FBI for NNCP ...).
 
I am interested too. Nobody can help us except ourselves. We should fight for what we deserve.
 
But if I see more lawsuits along with same consequences, I will be convinced that they are not coincidents.

Here is the risk for lawsuit, Judge gives CIS a time frame to approve/deny the case, the case can be denied due to incomplete name check. That decision is lawful.
 
I don't think the system is that responsive. I really don't. But I might be wrong. I just doubt that a lawsuit will buy you a quick pass automatically.
Eventually I may go to court as my last resort, but not before I study law/cases carefully.
 
phone number/fax to contact FBI about the name check

Can someone please post the FBI phone number, fax number and/or email address that can be used to contact the FBI about the name check status

Thanks in advance.
 
what happened to the lawsuit

I am ready to join the lawsuit group. its so frustrating to wait for no reason. all ur plans are stuck because of GC.
And how can FBI be not answerable ?? There has to be a timeframe within which FBI must give the result for name check. They cannot take infinite amount of time.

Is the lawsuit spirit still on?? I'd like to join...
 
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