Waiting the only option?

A

Andy2005

Registered Users (C)
A month before my interview I received a letter from USCIS telling they cancelled it because the FBI had not completed the name check. As a result, I have no opportunity of filing a lawsuit which people having the interview can do after 120 days. So, what to do?
After a while I exhausted a standard list of measures suggested in this forum:
-I filed the FOIPA and received no record notice (two mild speeding tickets in the last 5 years were my only unintended contacts with police)
-Our congressman's office filed a confirmation request to FBI
- The FBI replied they made the NC as thorough as it was required by security considerations and that I would be informed as soon as the NC is completed
- I called the local field USCIS office util I understood it was in vain and felt sorry for good IO lady repeating the same thing every week.
- I contacted two experienced immigration lawyers who unfortunately could not help me much either
All of the above told me word to word that I simply needed to wait and there was no way of expediting the NC, and it could take any # of years.
Is it really so? Big wise guys, who know everything, help me with your knowledge!
 
JoeF said:
Well, I probably would continue calling, or visiting in person. While that won't speed up the namecheck, it would get you known there, and would make it more likely that your file gets picked first, just so that they have you off their backs.
I practiced that (visiting every week) at CSC way back when my I-140 was pending. I like to think that it helped, but of course, I don't know for sure. The waiting time then was 1 year, and my I-140 got approved after 9 months. They then got the waiting time down, anyway, though.
Another possibility may be to file a second N-400. Some people here have done that. It is not clear if that speeds up things, though.
Click to expand...

I've done that I don't think it helped. When I was about to be scheduled for the oath I was told by my Senator's office that I have to withdraw my second N-400 first.
Now that I'm a citizen and I've send a letter to CIS 2 months ago asking to close my second N-400 case...I'm scheduled for the interview :D :D :D...stupid morons :D
So in my case clearly didn't work.
On the other hand, was here, a while ago, a guy from L.A. who did the same thing and eventually CIS put both N-400 together and he ended up in the same situation: FBI's Name Check pending. His sister, who applied on the same time with him first and second time, the second time got Naturalized and CIS never figured out that she had 2 applications.
You want to guess what CIS will do? You have better chances to win the lottery ;)

Try more letter to your two Senators to FBI etc. If worse comes to worse, you can't sue them under 8 USC 147(b) but you can file a Writ of Mandamus and for that you have to show a preponderance of evidence that you exhausted all the administrative remedies before you went to court.
 
Maybe a letter to the White House ......

... might help, it has apparently helped some others on this forum. Write to the President or the First Lady. It can't hurt to call and fax the FBI director's office.

I also remember someone on this forum posted a USCIS procedure document that pretty much said they expedite name checks if a Mandamus lawsuit is filed. If you have exhausted all administrative remedies and enough time has elapsed since the USCIS put your application in limbo then Mandamus seems like a good way to go. The worst thing that can happen after you file Mandamus is that the USCIS denies your N400, in which case I believe you can file an appeal or sue for retaliation.

Lastly, some on this forum appear to have suceeded just by sending the USCIS an intent to sue (lately though it appears the USCIS has been replying to that negatively in some cases).
 
Mandamus?

What is Writ of Mandamus? Can it be filed without having an interview? Also, as I understand, there is no formal (even internal) FBI deadline for the NC procedure, if the interview did not take place. Theortically, the NC can last forever, isn't it? If it is so, will they be worried if there is an intent of filing any legal suit?
 
More on Mandamus

When you file a petition for mandamus, you ask the court to issue an order compelling an official to perform his duty. The definition is in this link:

http://www.lectlaw.com/def2/m079.htm

There is at least one mandamus petition on the thread below:

http://www.immigrationportal.com/showthread.php?t=194681

Can it be filed without having an interview? I believe you can always file a petition, it is up to the court to determine its validity. I believe (based on my reading of this forum) that folks who filed mandamus may have first put together a "paper trail" of FOIPA, certified letters to USCIS, FBI, Ombudsman, DHS, White House, Infopass appointments etc, so that they can demonstrate in the petition for mandamus that they have exhausted all remedies.

I believe you are right, theoretically the name check can last forever. That is why it may be a good idea to add the FBI to the list of defendants in a mandamus petition. If my recollection of the posts here is correct, some folks who petitioned for mandamus due to pending I485 sued both USCIS and FBI and got the desired result (note that there are I485 service standard timeframes at the USCIS level).

I think the end result you want through Mandamus is to force the hand of the USCIS, so they act on your application one way or another.
 
Last edited by a moderator:
Thanks

I would like to thank all of you for your suggestions. These are all good ideas. I only should have made clear, that I was talking about my N-400 petition, not I-485, but it probably does not change much. Th PD is already more than a year old, and the interview should have taken place more than 6 months ago...
 
Andy2005 said:
I would like to thank all of you for your suggestions. These are all good ideas. I only should have made clear, that I was talking about my N-400 petition, not I-485, but it probably does not change much. Th PD is already more than a year old, and the interview should have taken place more than 6 months ago...
Click to expand...


If you're interested in talking action and not waiting forever, go here:
http://www.immigrationportal.com/showthread.php?t=194681
and educate yourself.

Read my first post here again.

Good luck :)
 
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