*** Sad News --- Class Certification Denied ***

Thanks

DaoMingTze2 said:
Hi Rajiv,

I was reading the Wall Street Journal and spotted this article "Fingerprint Mystery: They Don't Change, But They Do Expire
Government Hopes to Stop Calling Back Immigrants;Mr. Al-Shankiti's Saga"

And I was a little excited when I saw your name and comments there. Nice work! I guess this is a good sign that Major press is actually paying attention to our problems. And thanks to Rajiv for helping to bring our concerns to the general public attention.

Well, for others... Check out the article. It's on page A1 of today's edition (6/29/2005)

Cheers!
Click to expand...


Thanks for letting me know. I did not know we were in there.
 
Fingerprints

It makes perfect sense that fingerprint clearances expire. Adjustment pplicant is fingerprinted in April 2004, and they clear. In January 2005, applicant is arrested and convicted of a crime involving moral turpitude. CIS is ready to make a decision in August 2005. If CIS relies on the April 2004 clearance, CIS will not know about the crime that may well require denial of the application.
 
Fritz,

Your point is well taken. However, the issue is not why
"clearances" expire, rather why "fingerprints" expire at
CIS. This is what is brought up in the article, and indeed
in the class action lawsuit in the DC district court. (Speaking
of the lawsuit, any news from the judge? Can one even
inquire from his chambers as to when he will issue his written
reasoning for denying the class certification?)

Thanks,
 
> It makes perfect sense that fingerprint clearances expire

The issue is not about clearence expiring. It's about fingerprint itself expiring. If you are not aware, every 15 months, you need to queue up at a ASC and give your fingerprints again, just because uscis is too lazy to save the print from the first time.
 
FOIA Request

Do we need to notarize the FOIIA request form even when faxing it to FBI?

Thanks
 
What happened to the mandamus?

Sorry I joined late. My Name Check pending since march 2004. I saw rajiv was talking about taking a case and want someone to take lead? what is the status on that? I'd like to join the group if it is not too late yet. Thanks
 
Re: expiry of fingerprints. I didn't know that they are now keeping our fingerprints in electronic storage for ever. This is a privacy issue. Why should the government store the fingerprint of a non-criminal on file for ever? I would rather have them discard it once the GC is issued.
 
So it is unlawful to require applicants to be reprinted when the clearance on the prior fingerprints has expired, but also unlawful to store the prints electronically so that the applicants don't have to come in again? :)
 
What happens ...

Does anybody know what happens if one files a lawsuit in the federal court against CIS and they do not reply in 60 days (assuming they have not settled
the case in that period)? Also, does 60 days include or exclude holidays and
weekends?
Thanks,
 
Waiting for Name Check Clearance for over 2 years and 8 months

Hi Rajiv, please could you assist me. I would like to represent myself in a court of law and fight the FBI name check clearance fiasco as I've been long over due. FBI got my request from USCIS Vermont on 05/08/2003, this I know because Mark Dayton's office in Minnesota sent me this and Ed Markey in Massachusetts sent me this information. I have a signed document from David Hardy that I have no "Hit" in the CRS system then why the delay and the false hope of "we are still working on his case as expeditiously as possible" I need your advise to file for Writ of Mandamus. Please advise. Thanks Rajiv
 
Hi,

what happened with your case? I am in same situation and need your advice. My I-485 is pending for two years now and no response. I don't know what to do.
Please help.
 
Rajiv,

What is you take on a Class Action Suit for resolving Name Check delays. Do you think individual lawsuit is better?

Regards,
 
Class action

If a lot of people file individual civil actions and the numbers go into the thousands then the Courts will be forced to form them into a class action under the theory of Judicial economy.

Guys maybe for the namecheck we can file after 120 days after the interview or better 3 wrtiien request that span over 120 days and once we have a couple of thousand cases all over the country the courts will have to act to remedy the backlog.

What do you guys think ?
 
I will file the lawsuit

After my PD become current, I will definitely file a writ of mandamus against USCIS. I have waited nearly one year after I-485 filing and My NC is still pending. I don't want to wait up to 4 years or longer on this issue.

Now I am contacting both senator and congresswoman to collect more information about my NC, such as initiation date. I have contacted CSC for two times, with 120-day waiting period in between. In May I will do it the third time. As long as my PD become current, I will file the lawsuit.
 
Filed complaint against USCIS today

galfred said:
:confused:
Click to expand...
It has been three years since the day my wife had here GC interview. Really can't wait anymore. Her pending status affects her work, study and travel. Thanks Khanna for providing this forum. Will let everybody know the result.
 
Waiting for N-400 applicatio to clear name check since last two years?

I have been interview by USCIS since jan 06 since then waiting for my oath ceremony and every time i make an inquiry ans is wait for the name clearance from FBI.
Made numerous appointment to USCIS info pass, congressman and senator no luck same ans. I am female born and raised in Bombay moved here with parents 10 years back? so frustrated....can someone help i am not sure about writ of Mandamus against USCIS ? Did any one do this? is that help?
 
Gurus,

These are my details:
Self: On H1-b, EB2 RIR PD Dec 2004 approved (retrogressed country), I-140 not filed yet.
Wife: On F1

My attorney hasnt filed for my I140 yet and he states that both me any my wife have to be on "Immigration intent" visas (H1-b or H4 or...) for him to be able to file I-140. His argument is that if USCIS finds that my wife is on an F1 which is a visa with Non-immigration intent, they can reject my petition (I140 or later) since USCIS inherently assumes similar intent for spouses i.e. one cant have a different intent from the other. Is this correct?

Assuming this is correct, options that i have are:

1. Not disclose my marriage on I-140: This is risky since later if USCIS wishes, it can find out that i was married and my wife had different "intent" at my I-140 filing. But any comments on this would be appreciated.

2. Have my wife move on to H4 and continue school: Not sure when would my PD become current again and if my wife graduates (targeting Dec 07) with PD still not current, she wouldnt be able to work on OPT which she would otherwise if on an F1.

3. Not file I-140 at all yet: And wait for the PD to move and once it gets closer to my PD, file for my wife H4 (maybe premium), and upon its approval, do a concurrent (I140/485) filing with premium I140. Does this sound prudent? Or Is there any benefit to have by moving my wife to H4 now and work in getting the I-140 proessing rolling immediately thereafter (without waiting for any PD movement).

4. Any other option, which i am sure there is that i have missed.

Moreover, I am not yet intending on changing jobs. I would appreciate all the wisdom from you guys.

Thanks,
 
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