Need recommendation on good imm. lawyer to deal with 120 days rule

O

ocworker

Registered Users (C)
Has someone hired a lawyer to file the hearing request based on 120 days rule in So. CA area (LAX / SB / SNA)?

if so, what was the result? how much did you spend? was it being dragged long? the most important is, was the lawyer professional, and knew the rule and judge well to deal with such situation?

the worst case is to hire a lawyer, spent lot of $$, and he could not get the job done, or just drag longer and longer and keep paying more.

any recommendation would be very helpful.

thanks.
 
Hi ocworker;

I am not experinced with California. But based on my experince, the 9th federal district court (Calif) are the best in these cases.

To help with your filing, make sure that in the next 120 days you do a lot of written communication with CIS and FBI to proof to the court that you exausted all means before filing a law suit. That would include:

1- recent FOIA request with the FBI.
2- written email and letter to FBI requesting update on the name check.
3- written letters to CIS district before and after the 120 days are over.

Then you have to wait a month or so after the 120 days, then you file the petition of mendamus. It will take two weeks to serve the petition to all defendants, then the judge may set a pritrial date in 2-3 months time.

Hopfully, CIS will make a determination in your case in these 2-3 months period.

Based also on my research, once you file a petition, CIS may take one of the following actions:
- Adjucat your case and ask the judge to dismiss as the case will be moot (90% of the cases I saw this is what happened)
- Start a deportation proceeding :eek: if you had a previous criminal history. (look at case c-05-139)
- CIS would go ahead with the case to the pretrial and argue in front of the judge that the 120 days did not start already because the examination is not complete until the name check is complete. (case 1:05-cv-101)

Thanks
Steve
 
Steve,

thank you very much for your detail explaination.

action:

1) send email to inquiry my name check status to FBI email address -- Done
2) send FOIA form -- will do it tomorrow
3) will visit Santa Ana DO for every 3-4 weeks.
4) write letter to FBI requesting name check update. Which mailing address, and to Whom should I address to? I thought Mr. Hooton should be the last resort to deal with unless my name check has been pending for more than a year or so.

However, the interview officer asked me to send her letter AFTER the 120 days thou. Should I take the change to send her letter BEFORE the 120 days?

any format / template I could use when I have to deal with USCIS interview officer?

experts, pls share your experiences and thoughts

thanks
 
Last edited by a moderator:
spiritual said:
Ocworker - why not talk to our host - Rajiv S Khanna about your case? I've heard he is good..
Click to expand...

i want to find someone local in LA or OC area. I would like to meet the lawyer if it is possible. or at least, if the case would bring to the court, i could save some lawyer travel expense :P
 
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