I am considering filing a lawsuit because I had my Naturalization interview last December, 2005. My application could not be approved pending FBI name check clearance. It is now almost 8 months since the interview and the situation has caused me hardship. I was wondering if anyone out there is familiar with new policy that may affect a person's ability to file. Here are some links:
http://www.visalaw.com/06jun1/13jun106.html
http://www.murthy.com/news/n_delcer.html
They seem to indicate that the government is "trying" to limit such lawsuits. The wording is confusing to me and I am trying to understand whether I should go forward in filing a "writ of mandamus".
Since my interview took place, I have written several letters to USCIS asking for status of my name check. I have also enlisted assistance of Congressman's assistant in my district of Northern Texas. She has been sending inquiries to FBI via FAX and has only received one response in June stating that my name check investigation began last August, 2005 and that FBI could not predict when the investigation would be complete.
For whatever its worth ... I am a woman of Canadian origin. My last name is a very common German name and my first name is a very common French name. I was born and grew up in one city in Canada and have lived for 25 years in the US as a law-abiding, tax-paying resident. I feel really sympathetic to all the Middle-Eastern and East Indian men who seem to be most affected by the FBI name check program. I hope its okay for me to express that I think the FBI name check program is deeply flawed and the process is very vulnerable to all sorts of data corruption.
Mostly I am wondering if I should file the lawsuit and whether new policies will prevent my ability to resolve my own pending application.
http://www.visalaw.com/06jun1/13jun106.html
http://www.murthy.com/news/n_delcer.html
They seem to indicate that the government is "trying" to limit such lawsuits. The wording is confusing to me and I am trying to understand whether I should go forward in filing a "writ of mandamus".
Since my interview took place, I have written several letters to USCIS asking for status of my name check. I have also enlisted assistance of Congressman's assistant in my district of Northern Texas. She has been sending inquiries to FBI via FAX and has only received one response in June stating that my name check investigation began last August, 2005 and that FBI could not predict when the investigation would be complete.
For whatever its worth ... I am a woman of Canadian origin. My last name is a very common German name and my first name is a very common French name. I was born and grew up in one city in Canada and have lived for 25 years in the US as a law-abiding, tax-paying resident. I feel really sympathetic to all the Middle-Eastern and East Indian men who seem to be most affected by the FBI name check program. I hope its okay for me to express that I think the FBI name check program is deeply flawed and the process is very vulnerable to all sorts of data corruption.
Mostly I am wondering if I should file the lawsuit and whether new policies will prevent my ability to resolve my own pending application.