Pinging Doesnotaddup; what happened in your court hearing today?

S

Steve_Houston

Registered Users (C)
doesnotaddup said:
Sorry for the delay on my update. I was out of town and extremely busy.

May 24th court update:

A new twist from the INS and FBI. My results did clear the FBI. However, the FBI claims that I was arrested but not convicted 10 years ago on a bizzarre charge that I won't even mention. I was never arrested nor convicted nor questioned of anything. So now, the INS wants to look at a new copy of my 'rap sheet' from the FBI to see if the arrest shows up. They claim that this is just a formality and should be done very quickly. Since this has never happened, I have nothing to fear. It is just an extra delay in my never ending saga. I asked my wife if I was ever dragged out of my bed while sleeping 10 years ago but she could not remember ;)

What even more strange is that given the date mentioned, the INS would have had two chances to see it show up on FP checks. Once when I applied for a GC and the other when I applied for my citizenship. The positive thing about obtaining a new copy of an FBI report is that I won't have to take a new FP since my expired.

The judge set another status hearing in June 9th for the INS to resolve all issues and promised my attorney an expedited hearing on my Naturalization if they fail to act. All in all, it went pretty well. My attorney believes that we have nothing to worry about. He just mentioned that he was blind-sided by the name check hit from the FBI.

This is the best money I had ever spent. This would have probably taken another 2 years to work itself out.
Click to expand...

Hey doesnotaddup, what happened in your hearing today. I am eager to know as I am filling a lawsuit end of this month?
 
Steve_Houston said:
Hey doesnotaddup, what happened in your hearing today. I am eager to know as I am filling a lawsuit end of this month?
Click to expand...
I heard that no judge will waste time to pursue the USCIS for the 120 days rule! Also, How much did doesn'taddup spend on the attorney?
thanks
 
sony55

I wonder where you heard that no judge will waste time with the 120 day rule. I wouldn't be surprised if government employees or other parties disinterested in you suing the USCIS would spread this information as a way to discourage people from suing.

If the USCIS is sued and the judge orders the agency to complete processing someone's case within a timeframe, if the USCIS official doesn't do it he or she could personally be held in contempt of court and probably go to jail. However if they approve to naturalize someone without say an FBI clearance regardless of what the court ordered them to do, they can be reprimanded, even fired for violating agency rules. Even if they're not held in contempt of court and the court proceeds to approve the case (a federal judge has the power to naturalize) they will probably get hassled by their superiors. This is not to mention hassle from the Attorney General's office for making them have to deal with a lawsuit. So it seems that USCIS officials would REALLY want to avoid being sued.

I've heard from an immigration attorney that federal judges do not like the USCIS as they view it as being a bureacratic and inflexible organization that often tramples on people's rights. I guess it depends on the judge but I think many are to some degree idealists and would be sympathetic to the plight of the 'little guy'.
 
yes wafr, I agree with you. And in the case of naturalization you have to notice the following:

the 120-days is a statury limit stated by the law. There is a very clear interpretation to what the law state in this case. In other wards, by the constitution, CIS MUST, and I repeat MUST make a decision within 120 days of the examination.

Another thing, an Interview has to be done once all security clearances are done, mainly the return of the fingerprint by FBI. The name check is an new thing not stated by the law. and the law does not state that if somebody's name shows up in one of FBI files, then the constitution and the law will be hult for him. In some cases, even if there are criminal proceeding in court against somebody, the CIS MUST, and again MUST make a decision with 120-days if that person does not have a previous criminal record and meet all eligiability requirements.

In all the cases I reviewed over the Internet, including doesnotaddup case, filling a lawsuit after the 120-days period will trigger CIS to process your case faster. They try to avoid having people naturalized by Judges, so they act on it quickly and make a decision within 60 days of filing a lawsuit. So if you file a lawsuit today, expect a decision to be made on your case by end of August max.
Again these are my assumptions and I am not a lawyer.

For me, I am not welling to wait. I did put money aside a lawsuit. I am talking with one of the best immigration lawyers in houston to represent me.

Once my 120 days are up, I am filling a lawsuit the second day.

Thanks
Steve
 
Steve_Houston said:
yes wafr, I agree with you. And in the case of naturalization you have to notice the following:

the 120-days is a statury limit stated by the law. There is a very clear interpretation to what the law state in this case. In other wards, by the constitution, CIS MUST, and I repeat MUST make a decision within 120 days of the examination.

Another thing, an Interview has to be done once all security clearances are done, mainly the return of the fingerprint by FBI. The name check is an new thing not stated by the law. and the law does not state that if somebody's name shows up in one of FBI files, then the constitution and the law will be hult for him. In some cases, even if there are criminal proceeding in court against somebody, the CIS MUST, and again MUST make a decision with 120-days if that person does not have a previous criminal record and meet all eligiability requirements.

In all the cases I reviewed over the Internet, including doesnotaddup case, filling a lawsuit after the 120-days period will trigger CIS to process your case faster. They try to avoid having people naturalized by Judges, so they act on it quickly and make a decision within 60 days of filing a lawsuit. So if you file a lawsuit today, expect a decision to be made on your case by end of August max.
Again these are my assumptions and I am not a lawyer.

For me, I am not welling to wait. I did put money aside a lawsuit. I am talking with one of the best immigration lawyers in houston to represent me.

Once my 120 days are up, I am filling a lawsuit the second day.

Thanks
Steve
Click to expand...
Steve,
can you tell me how much is your lawyer would cost you? or do you have a roubh estimate?
 
You must log in or register to reply here.
Top