Now instead of WOM against USCIS file it against FBI

goan2005 said:
http://www.aila.org/content/default.aspx?docid=21700

The new memo indicates that USCIS will not request FBI to expedite namecheck. Its similer to pointing fingure tactics. So we should sue FBI now to make them move instead.
Enjoy the beurocracy.
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No you cannot because you are only dealing with USCIS. There's no official dealing between you and FBI so you cannot sue FBI. You can only sue USCIS, where as USCIS can sue FBI which they won't obviously. So all gates locked again.
 
This is serious.
Looks like the window of opportunity is slipping, if it hasn't already slipped.
Can we get some good opinions?
UN, ginnu and others, can you please respond?
Thanks,
nj_skm
 
Also, it's not going to be easy to sue the FBI.

FBI is entirely different. It's not going to be easy to take them on and win.
 
Lawyers assesment required

Not sure How much Legal weight this memo has. A lawyer can tell that there is no legal status to such a crapy memo. Its not sighend. Even the parking lot attendant at USICIS can write such memo so i dont think it has legal value and hte same thing can be challenged in WOM>
 
You can still sue the USCIS with WOM. All this memo means is that they won't react to the lawsuit by telling the FBI to speed things up, except for the given criteria. You'll have take the case all the way to court and have the court force them to act on your case.
 
Jackolantern said:
You can still sue the USCIS with WOM. All this memo means is that they won't react to the lawsuit by telling the FBI to speed things up, except for the given criteria. You'll have take the case all the way to court and have the court force them to act on your case.
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That is not so good news. Few of us will have life or death issues that will force the USCIS to act. Severe financial loss is a joke. Many people cannot work due to their EAD/GC not being processed and the USCIS has never shown any concern in such cases.
If they demand that we prove such situations, that'll be bad.
So they can continue getting away with their usual incompetence.
 
nj_skm said:
That is not so good news. Few of us will have life or death issues that will force the USCIS to act. Severe financial loss is a joke. Many people cannot work due to their EAD/GC not being processed and the USCIS has never shown any concern in such cases.
If they demand that we prove such situations, that'll be bad.
So they can continue getting away with their usual incompetence.
Click to expand...
The criteria listed are the ones for which the USCIS will act upon without a court order. But those criteria are not required to file or win a WOM case. All this memo means is that you have to be willing to take them to court because they won't take action (unless your case meets the criteria) without a court order. Previously the mere filing of WOM was enough to make them take action.
 
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Jackolantern said:
The criteria listed are the ones for which the USCIS will act upon without a court order. But those criteria are not required to file or win a WOM case. All this memo means is that you have to be willing to take them to court because they won't take action (unless your case meets the criteria) without a court order. Previously the mere filing of WOM was enough to make them take action.
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maybe in the past....there was a unwritten rule....that if someone files a lawsuit....and if he appears to be genuine.....expedite his case...

so this memo is sending a message.....that we are ready to go to the court.......which simply means........they want to play hard-ball...

they may still expedite your case if you are genuine.......or they may fight tooth and nail to scare people from filing law suit...........afterall no judge in the country can ask FBI to overlook security issues.......
 
From what I gather...

people used to always list the following guys, like,
Michael Chertoff, Secreate of Dept of Homeland Security,
Alberto Gonzales, attorney general of US
Robert S Mueller, FBI Director
Emilio Gonzalez, USCIS Director,
USCIS District Director...

So, I believe, for WOM ...FBI and USCIS heads are always listed...as DEFENDANTS...

Listing FBI in lawsuits...was always the practice...so nothing new...
 
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