NEEDSOLUTION...Here is the SOLUTION

Manyung said:
Like Publicus.. I too very much wanted to vote, and be a 1st class Citizen rather whatever it is we are as "Resident Aliens" Unlike Publicus, I do not have the time available in my day to file my own Petitions, read all the forums etc. I had no luck with the lawyer I hired. Indeed she did seem very hesitant to even consider filing a petition with the US District Court.

Any comments would be much appreciated.
Click to expand...

Hi Manyung. I am sorry about your predicament my dear Sir and I much relateto your story. All of us, is our minds, we think we are these exemplary citizens and that we are helping keeping America the strong, powerful and prosperous nation that it is, just to be faced by a treatment of unwanted criminals and undesired elements of Society by our immigration service. What would you say about a former U.S. Army sergeant who led seven American soldiers on average during a time of war?

You said that you don't have time in your busy schedule, and here again I relate to this. My goal is to build a successful business, supply jobs for American Citizens, and provide great customer service to my clients.

USCIS doesn't care about this of course. To them, it's more important to focus on trivial facts like this one: Some applicant has stated on a previous immigration form that the color of their eyes is blue, but in reality it's brown, therefore they have committed a fraud and USCIS must therefore start removal procedures against them. This is how bureaucracy works.

You know you can prosecute everything and anything. But the Justice system does not prosecute everything and anything. Because when it does (as we daily witness with USCIS) society stops working efficiently and time and money are lost heavily. (Tax payers money by the way)

It is not a question of having time or not-God knows that starting a business from scratch is one of the most daunting tasks-rather it is a question of priorities. If you don't have time, make time. To me, spending all my time building a successful business is futile if I have to close it because I was denied citizenship and now I have to pack my stuff and leave. My first priority is to become an U.S. citizen and I will become one in 2005. This is the most important goal in my life at this point. Therefore I am working to accomplish that. In my opinion, other opportunities can wait. They will always be there, and new ones will be created. My friends are doing terrific things in their lives, but it doesn't affect me. Because I know my priorities, and I will get there one day.

Now you asked for advice regarding your next move, I join Needsolution in saying: Sue the Bastards You can have your lawyer do it. If your lawyer doesn't want to file a lawsuit, then fire him, because he is obviously not looking out for you, and you are just wasting your time and money with him. Get a lawyer who does not fear USCIS or the US attorney and file a Petition for a hearing on Naturalization application.

Keep us informed about your case, and Good luck to you Sir.

Btw, I love Australia and when I get my US passport, Sydney would be one of the first places I will visit. :)
 
Manyung

You're absolutely right Pub. About making time to pursure this that is. That's what I've decided to do. You have given me some inspiration & motivation. As you mentioned in an earlier post: Any action is better than none at all. Waiting, pondering, & fuming does no good. I'm going to win this thing.

I love to make improvements to my property, watch my garden grow, try to be a good dad, a good husband, neighbor, a decent law abiding "citizen" . But in my own mind, I'm still the Alien on our street.

So.. I have hired a new attorney who seems to agree with your notion of taking my case to the US District Court. After waiting over 4 years, I need a solution one way or another. If my application is denied then I can make some decisions based on the outcome. Perhaps I'll be planting a new garden, on a new street, back in Australia. That's my second choice though.

I am stunned that you, Vet US Army Sergent who has served this country in a time of a particular NASTY war would not at least be given a little more respect.Your case makes mine seem trivial.

I wish you well with your endeavor Pub and I will definitely post any developments on this forum.
Sydney.. Yes.. not a bad town at all.
 
Hi Manyung:

I am glad I could help. It's great to see that you are ready to fight for your case. You must do it man. Not for you, but for your wife, kids, and friends. Although I am a Resident Alien, I never think as an outsider. I always think that I am an American. This is my secret.

Good luck and let us know if we can help.
 
does USCIS always set up IV after IBIS check completed

Publicus

Thank you so much for explaination of FBI name checking and IBIS background check. The DO office told me my case is under background checking recently, and they can't do anything undtil IBIS finished. Nothing I can do but wait. My PD is 12/2004 and FP is 1/2005 and cleared, then nothing happen.

Do you think it is too long for IBIS checking? By the time I was in my appt, I forgot to ask my FBI checking finish or not?

Thanks advance.
 
Publicus you are an inspiration and a real motivation to many of us. Thank you for your great messages.
Initially I was just curions to see what other people in similar situations with my are experiencing with our "friends" from INS...and lately with our "new friends" from FBI.
After I read just a few of you messages I've realized that Anxiety, Depression, days when you feel unwanted or (like you perfectly said it) a "second class citizen" are not the answer, we can do better, we should do better...we will do better.
THIS COUNTRY WAS BUILT AND RAISED TO BECOME THE GREATEST NATION IN THE WORLD BY IMMIGRANTS LIKE US...
But those immigrants, who built, and are still building this magnificent country, are strong people, motivated people, hard working, honest peeople who deserve to become proud American Citizens...and definitely don't deserve to be at the mercy of a few public servants who don't give a damn about us as human beings in the first place.
And, once again, like you said: sometimes you have to fight for your rights, for what you deserve, and I may ad, the weak ones did't survive in the past, only the strong ones, the fighters prevailed, and if we want to continue the tradition of this country, we have to be strong, not to give up in the face of the adversity of this long and painful process of immigrating to America.
.................................................................................
I had my interview in April 2004 and because of FBI's Name Clearance I could't be scheduled for my Oath...now, after one year and 5 months since my interview, I'm still waiting for my Name Clearance.
Letters, faxes, emails, phones to Senators, Congresspeople, FBI, Director of FBI, etc., didn't help.
FBI plays the same broken record: "case received from USCIS 01.17.2004 and still pending"...period.
The ofices of elected oficials who did something(*), just contacted their INS liason and replied to me that: "you case is pending waiting for FBI's Name Clearance"...thank you very much, I knew that...nobody, but nobody (except for myself...a "second class citizen" a "nobody" at their mercy!) asked FBI what the heck are they doing with my file and why after almost 2 years they weren't able to complete my name check!
(*) I've underscored "who did something" because there are some of our elected beloved...who even didn't bother to answer to my letters (like Senators: Diane Feinstein and Barbara Boxer)...oh God I wish I can vote...

Anyway, going back to my case, I think I have to sue them! But, in my opinion, I think it will be fair to sue (if it's possible!?!) FBI not USCIS. INS has an "excuse" they can't complete the process without FBI's name clearance, the other ones (FBI) don't have any excuse!
Unfortunately I don't know much about this action, this is why, as a first step, I'll start to read all I can about suing them, where, how, etc. :confused:
 
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I was reading all your post and there's one thing that's still unclear to me: What's the difference between the Name Check that the National Visa Center does when we applied for the VISA and the Biometrics for our Adjustment of Status?

I find absurd this doube checking: My case: I only have 5 months in the USA. I applied for my GC 4 months ago: took my FP 3 months ago. Why should i need a second check ?

I am sorry that my english is not as good as yours.

Good luck everyone.-
 
k1_visa said:
I was reading all your post and there's one thing that's still unclear to me: What's the difference between the Name Check that the National Visa Center does when we applied for the VISA and the Biometrics for our Adjustment of Status?


Name check is checking your name in FBI's data base for any records...
Biometrics/fingerprints is checking your fingerprints in the FBI's database...
We are talking of two different kinds of ckeckings, like for example, an examiner from DMV is checking your hearing and then is checking your vision.
Both FBI verifications are important and necessary, in my opinion, (especially after 9/11) the only problem I have with these verifications is that some of them are not done in a timely, professional manner! :mad:
Click to expand...
 
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vulpasin said:
Publicus you are an inspiration and a real motivation to many of us. Thank you for your great messages.
Initially I was just curions to see what other people in similar situations with my are experiencing with our "friends" from INS...and lately with our "new friends" from FBI.
After I read just a few of you messages I've realized that Anxiety, Depression, days when you feel unwanted or (like you perfectly said it) a "second class citizen" are not the answer, we can do better, we should do better...we will do better.
THIS COUNTRY WAS BUILT AND RAISED TO BECOME THE GREATEST NATION IN THE WORLD BY IMMIGRANTS LIKE US...
But those immigrants, who built, and are still building this magnificent country, are strong people, motivated people, hard working, honest peeople who deserve to become proud American Citizens...and definitely don't deserve to be at the mercy of a few public servants who don't give a damn about us as human beings in the first place.
And, once again, like you said: sometimes you have to fight for your rights, for what you deserve, and I may ad, the weak ones did't survive in the past, only the strong ones, the fighters prevailed, and if we want to continue the tradition of this country, we have to be strong, not to give up in the face of the adversity of this long and painful process of immigrating to America.
.................................................................................
I had my interview in April 2004 and because of FBI's Name Clearance I could't be scheduled for my Oath...now, after one year and 5 months since my interview, I'm still waiting for my Name Clearance.
Letters, faxes, emails, phones to Senators, Congresspeople, FBI, Director of FBI, etc., didn't help.
FBI plays the same broken record: "case received from USCIS 01.17.2004 and still pending"...period.
The ofices of elected oficials who did something(*), just contacted their INS liason and replied to me that: "you case is pending waiting for FBI's Name Clearance"...thank you very much, I knew that...nobody, but nobody (except for myself...a "second class citizen" a "nobody" at their mercy!) asked FBI what the heck are they doing with my file and why after almost 2 years they weren't able to complete my name check!
(*) I've underscored "who did something" because there are some of our elected beloved...who even didn't bother to answer to my letters (like Senators: Diane Feinstein and Barbara Boxer)...oh God I wish I can vote...

Anyway, going back to my case, I think I have to sue them! But, in my opinion, I think it will be fair to sue (if it's possible!?!) FBI not USCIS. INS has an "excuse" they can't complete the process without FBI's name clearance, the other ones (FBI) don't have any excuse!
Unfortunately I don't know much about this action, this is why, as a first step, I'll start to read all I can about suing them, where, how, etc. :confused:
Click to expand...


Perseverence is the key to success in any endeavor in life. As you so eloquently stated: Americans are fighters, and they want only fighters in this country. You have to fight for your rights or nobody will give them to you. And remember, whatever happens: Never give up, never give up, never, never.
 
vulpasin said:
k1_visa said:
I was reading all your post and there's one thing that's still unclear to me: What's the difference between the Name Check that the National Visa Center does when we applied for the VISA and the Biometrics for our Adjustment of Status?


Name check is checking your name in FBI's data base for any records...
Biometrics/fingerprints is checking your fingerprints in the FBI's database...
We are talking of two different kinds of ckeckings, like for example, an examiner from DMV is checking your hearing and then is checking your vision.
Both FBI verifications are important and necessary, in my opinion, (especially after 9/11) the only problem I have with these verifications is that some of them are not done in a timely, professional manner! :mad:
Click to expand...

ok....
So they dont do a Name Check prior give us the visa in the consulate...? Maybe i didnt express my self properly, i am sorry. The question was regarding why the NEED of 2 Name checks ( 1 in the consulate the other during the AOS). I bet that the American embassies overseas OF COURSE make a name check after granting us with a visa.

again, why 2 name checks?
Thanks
Click to expand...
 
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k1_visa said:
ok....
So they dont do a Name Check prior give us the visa in the consulate...? Maybe i didnt express my self properly, i am sorry. The question was regarding why the NEED of 2 Name checks ( 1 in the consulate the other during the AOS). I bet that the American embassies overseas OF COURSE make a name check after granting us with a visa.

again, why 2 name checks?
Thanks
Click to expand...

I'm sorry I don't know much about what happens at the consulate, but if I have to make and "semi-educated" guess I'll say that at the consulate they check your name in your country using different channels not FBI (is just a guess/speculation) and here "all mighty" FBI is checking your name in US's database...
About whatever check is US Embassy making I'm pretty sure is done before granting visa not after.
 
I want to file myself, Can you please guide?

Hello,
I have talked to you before in the past, actually my wife filed in March 2004 for Naturalization and her case is still pending. They say background check.
I want to file a writ for Madamus against USCIS. Can you please guide me if I want to do it myself?

Thanks a lot for your help
Pankaj
 
Thanks for Reply Mr LA. I did read that link it was good.
But I wanted to ask Publicus that if he has a guideline specific to madamus case like I want to do. If he has done this in past and I can prepare my case on the same lines. The one in that link is more about 143 B which is dirrefent situation.

I would really appriciate any further help here.

Thanks
 
Does anybody still following this thread?
Now INS send out the interview after name check , howlong can I wait before thinking about filing a law suit, and I read that FBI does not answer to email inquiries regarding the name check is that correct?

thanks
 
hamidrabbasi said:
Does anybody still following this thread?
Now INS send out the interview after name check , howlong can I wait before thinking about filing a law suit, and I read that FBI does not answer to email inquiries regarding the name check is that correct?

thanks
Click to expand...

I haven't really followed this thread, cause things are changing rapidly with USCIS and trying to read newer posts. If you want, you can read some of the sticky threads on top of the page regarding suing USCIS and name check process.
Btw, FBI doesn't answer email inquiries anymore.
 
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