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

I see no reason to worry

inferno said:
My Company is prepared to file a lawsuit against USCIS. Here are my case details.

My I-140 was filed on 02/05/2004 with employer copy of LC because DOL sent the Attorney's copy to a wrong address and when my attorney contacted the DOL they said they can not issue a duplicate copy of LC but suggested to file with employer's copy.

USCIS issued a RFE to DOL on 08/06/2004 asking for a copy of LC. When we contacted DOL in Februay 2005 they told us the copy was sent to USCIS back in August 2004.

But USCIS did not change the status of my application even after 4 case enquires. When we contacted USCIS through AILA liason USCIS replied they did not receive the copy from DOL. DOL is saying they would not send another copy unless USCIS reissues the request.

My company HR department is preparing to file a law suite against USCIS

My question is how does the law suit impacts my I-140 petetion?
Will there be any negative implications?
Click to expand...


I see no reason to worry. But your lawyers need to assess. Good luck!
 
It is a bit pemature to file a lawsuit against DOL. We must wait and see their performance.

Regarding vacations, I am back in town. Most of my friends and colleagues bet that I could not stay away a whole week - much less the planned two weeks. They were right, but I had a reason. My Thinkpad's motherboard crashed. Anyhow, that is my story. :)
 
could you file a class mandamus for N-400 Name check?

My Name check has been pending more than 15 months,
I'd like to join the class mandamus for name checking pending too long time.
 
Improbable

wy6688 said:
My Name check has been pending more than 15 months,
I'd like to join the class mandamus for name checking pending too long time.
Click to expand...

I doubt we will prevail in a class action. Too many individual variations. BUT, individual actions, where appropriate, will at least wake the government up.
 
Hello Mr. Khanna:

We have been following you right from the days of USENET/Newsgroups....we remember how some of your posts were timed 4/5 am

Mine is a case of naturalization N-400 application......Please refer to

http://boards.immigrationportal.com...ad.php?t=110117

During the interview the officer told me "CIA check pending"....after that contacted senator....whose office in all correspondence referred to it as "FBI background check not cleared".....finally FBI check cleared (received email).....

Now senators office called me saying "FBI check over and CIA pending".....I think they got info when they called local office

I don't know WHY they are doing CIA check, I have not filled out G325 form as far as I recall for N-400.....

I am born and brought up in Bombay.

Also I got my second fingerprinting done in March.

Please give ur i/p

Thnks :)
 
Please call me Rajiv - not "Mr. Khanna."

:) 4-5 AM is my best time.

I could not get to the link you have placed.

Generally speaking, courts do not like to interfere with agencies, especially so when National Security will be chanted as a mantra.
 
Thnks Rajiv for ur reply !!!

Here is a bit about myself

Applied for citizenship with husband Nov 2002

1st FP with husband Jan 2003

Interview with husband Jan 2004. Both of us passed the interview, husband took oath the same day. I was told "CIA name check pending" by interview officer.

I contacted senator...was always told by senator's office that FBI background check pending.

Got email in Jan 2005 that FBI name check cleared (initiated on Jan 2003 completed in Jan 2005)

2nd fingerprinting done in March 2005

Now told by senators office that FBI name check is over....CIA name check is pending and to wait for 60-90 days before contacting senators office again.

A lot of people are saying there is no CIA check for N400 applicants....only FBI check...

What is your opinion on this....have you come across someone who has applied for naturalization and is waiting for CIA name check ?

Thnks again :)
 
I have not heard of a CIA check in this context nor have I experienced delay because of one. You may want to call Heather at Extension 146 in our office next week. We can toss this around a bit and see what comes up.
 
www.lawlesslawyers.com is for you.

If you have been screwed by a lawyer, please do not give up the fight. Report this lawyer at lawlesslawyers.com
Only with our collective power of awareness can tame these lawyers.

Come on, tell your story at www.lawlesslawyers.com
 
confused

Hi, Ravi:

I am confused by your reply that "Generally speaking, courts do not like to interfere with agencies, especially so when National Security will be chanted as a mantra." and we can file law suite for delays. Since many people's I-485 or natualization cases are delayed due to FBI name check / CIA security check stuff, can we still file Writ of Mandamus against USCIS or FBI or CIA? If court do not like to interfere with FBI, and USCIS told us they cannot do anything without FBI's clearance, then those waiting for endless FBI name check are doomed to be in the dead boat?

Again, my questions is:
(1) Can we do anything if the delay is really caused by FBI's name check (security check)

(2) Have you heard of any successful writ of Mandamus agaist FBI or CIA? I know there are successful case against USCIS. Or is there successful case against USCIS whose delay is caused by FBI or CIA security check?

Thanks tons, have a nice day!
 
priyankas,

Should you choose to go the litigation route, your case (N-400) is
even more straightforward than the I-485 cases. If it has been 180
days since your interview (not filing date), then you can ask a US
District Judge to take jurisdiction of your case and decide your
naturalization directly. This is a provision written into the INA
that is often overlooked, sometimes even by immigration attorneys.
You do not even have to bring a mandamus action.

Of course, most likely your case will be resolved at the level of
US Attorney's office and will not get to the court. Even if it does,
the government will have very little to defend itlsef with. The only
scenario would be if they really had a reason to want to investigate
you for security purposes, which I guess is not your situation.

A friend of mine did this about two months ago. US Attorney's office
originally said that his FBI Name check was pending to which his lawyer
responded: "That is your problem, not mine". They then assigned somebody
to his case and his FBI name check was done within days. His naturalization
has now been approved and he is awaiting the oath ceremony.

I am sure Rajiv's office will be able to help you with this or find
some good lawyer in your own area.

Good luck,

Waitneb

P.S. Needless to say, I am not a lawyer and this is not to be considered
as legal advice, just my humble opinion :)
 
Last edited by a moderator:
waitneb thnks for ur reply...can u please enable pm I wanted to ask u a question....u can pm me when enabled :)
 
Oh no, not that simple

Waitneb said:
priyankas,

Should you choose to go the litigation route, your case (N-400) is
even more straightforward than the I-485 cases. If it has been 180
days since your interview (not filing date), then you can ask a US
District Judge to take jurisdiction of your case and decide your
naturalization directly. This is a provision written into the INA
that is often overlooked, sometimes even by immigration attorneys.
You do not even have to bring a mandamus action.

Of course, most likely your case will be resolved at the level of
US Attorney's office and will not get to the court. Even if it does,
the government will have very little to defend itlsef with. The only
scenario would be if they really had a reason to want to investigate
you for security purposes, which I guess is not your situation.

A friend of mine did this about two months ago. US Attorney's office
originally said that his FBI Name check was pending to which his lawyer
responded: "That is your problem, not mine". They then assigned somebody
to his case and his FBI name check was done within days. His naturalization
has now been approved and he is awaiting the oath ceremony.

I am sure Rajiv's office will be able to help you with this or find
some good lawyer in your own area.

Good luck,

Waitneb

P.S. Needless to say, I am not a lawyer and this is not to be considered
as legal advice, just my humble opinion :)
Click to expand...


Guys, this is a bit more complicated. If I were the lawyer, I would not be that cocky, saying "this is your problem" to CIS. The reason: they have the option to deny the application for failure to complete the required checks. The way I see it, these checks are required by the same statute that PERMITS (not requires) court intervention after 120 (not 180) days. I am familiar with this law. Usually, CIS is not that mean minded, but my reading of the law is that they can deny. I would certainly recommnd a lawsuit in many of these cases, but carefully - especialy in post 9/11 world; and more as a device to get the govt's attention and a settlement than a device to aggressively back them down. There is a time to be aggressive, but may be not in these cases.

A good argument would be that the regs require only certain checks - and those have been completed.

Law is never that simple. There are always things to watch out and prepare for.
 
I will try to do a conference call next week

candie said:
Hi, Ravi:

I am confused by your reply that "Generally speaking, courts do not like to interfere with agencies, especially so when National Security will be chanted as a mantra." and we can file law suite for delays. Since many people's I-485 or natualization cases are delayed due to FBI name check / CIA security check stuff, can we still file Writ of Mandamus against USCIS or FBI or CIA? If court do not like to interfere with FBI, and USCIS told us they cannot do anything without FBI's clearance, then those waiting for endless FBI name check are doomed to be in the dead boat?

Again, my questions is:
(1) Can we do anything if the delay is really caused by FBI's name check (security check)

(2) Have you heard of any successful writ of Mandamus agaist FBI or CIA? I know there are successful case against USCIS. Or is there successful case against USCIS whose delay is caused by FBI or CIA security check?

Thanks tons, have a nice day!
Click to expand...


Tentatively, let us plan for Wednesday at 1 PM Eastern Time. The topic will be ONLY immigration related federal court litigation. Spread the word folks. We can accomodate only the first 99 callers. I will post the conference call numbers by Wednesday.
 
Conference call status

Is the conference call on for tomorrow, May 18 at 1.00 PM? Could you please post the phone number for the call?

Regards.
 
The Name Check Saaga

Dear Rajiv,

Here are some case details for your reference:

I-130/485 filed: June 17, 2003
FBI Name Check pending since: December 21, 2003
Successful AOS interview: October 14, 2004 (but no stamp due to pending security clearance)

So far, I have...
- Written two personal letters to USCIS Cleveland District Office requesting an expedite because of my sick mother (attached diagnostic paperwork with the letter).
- Contacted congresswoman's office at least twice a week for the last 2 months who talked to USCIS congressional liaison for the case status.
- Written 3 letters to David Hardy (Ex. Section Chief, FBI, Records Mgmt. Division) offering to work for him for a week at no cost to FBI to help reduce the name check backlog in return of my name check completion.
- Written 1 letter to Michael Cannon (Section Chief, FBI, Records Mgmt. Division) extending the same offer to him.
- Talked to FBI Public Affairs office in Washington, DC, twice which suggested me to write letters to Mr. Hooton.
- Written 1 letter to William Hooton (Asst. Dir., FBI, Records Mgmt Division) extending the same offer to him.

... however, no relief.

I plan to...
- Write at least 2 more letters to William Hooton.
- Talk to Public Affairs to let them know about my failed attempts to get a relief from Mr. Hooton.
- Take a week off work and just show up at Mr. Hooton's office.
- Peacefully protest in front of the FBI HQ.

... if everything fails, file a writ of mandamus.

What are your comments and/or suggestions? Do I have enough ammo to get a successful mandamus suit?

Thank you,

SS
 
Last edited by a moderator:
Yes

Mann said:
Dear Rajiv,

Here are some case details for your reference:

I-130/485 filed: June 17, 2003
FBI Name Check pending since: December 21, 2003
Successful AOS interview: October 14, 2004 (but no stamp due to pending security clearance)

So far, I have...
- Written two personal letters to USCIS Cleveland District Office requesting an expedite because of my sick mother (attached diagnostic paperwork with the letter).
- Contacted congresswoman's office at least twice a week for the last 2 months who talked to USCIS congressional liaison for the case status.
- Written 3 letters to David Hardy (Ex. Section Chief, FBI, Records Mgmt. Division) offering to work for him for a week at no cost to FBI to help reduce the name check backlog in return of my name check completion.
- Written 1 letter to Michael Cannon (Section Chief, FBI, Records Mgmt. Division) extending the same offer to him.
- Talked to FBI Public Affairs office in Washington, DC, twice which suggested me to write letters to Mr. Hooton.
- Written 1 letter to William Hooton (Asst. Dir., FBI, Records Mgmt Division) extending the same offer to him.

... however, no relief.

I plan to...
- Write at least 2 more letters to William Hooton.
- Talk to Public Affairs to let them know about my failed attempts to get a relief from Mr. Hooton.
- Take a week off work and just show up at Mr. Hooton's office.
- Peacefully protest in front of the FBI HQ.

... if everything fails, file a writ of mandamus.

What are your comments and/or suggestions? Do I have enough ammo to get a successful mandamus suit?

Thank you,

SS
Click to expand...

You have done all you can. You can file Mandamus.
 
You must log in or register to reply here.
Top