When can one take legal action if interview letter has not been received?

E

eo23

Registered Users (C)
Hi all,

I wanted to know when can one take legal action if they have not received the interview letter?

6 months, 1 year, 1.5 years?

Any thoughts on what can be done and how long one should wait for an interview letter (and essentially the name check to clear) will be much appreciated.

Thanks all.
 
OK for days I've been saying I need to be quiet but I can't do it anymore. I am sorry.

Look ! Your Priority Date is the beginning of September. Be patient. And others too. It seems like that people think this is a snip with your finger procedure. It is not.
Your file, your requested Name Check is not the only one done and even if it would be cleared right away, doesn't mean that they just work on your case. There are thousands done each and every day.

I have been watching your posts for weeks and you are seriously giving yourself a heart attack sooner or later if you continue this.

Just my 2 cents but I just had to let this out and tell everyone who thinks like you do to be patient and to think it is not just about you and also that it moves from SC to DO and that may take some time too.
Also just because you might think you may not have a common Name .. you might be wrong and there is a hit in the database.

Ok let's say they started the Name Check the Day your Fingerprints were taken which was according to your Dates 9-20 .. that is a little over a month ago ... come on !!!!!!!!!!!!
 
Ladybuggy said:
OK for days I've been saying I need to be quiet but I can't do it anymore. I am sorry.

Look ! Your Priority Date is the beginning of September. Be patient. And others too. It seems like that people think this is a snip with your finger procedure. It is not.
Your file, your requested Name Check is not the only one done and even if it would be cleared right away, doesn't mean that they just work on your case. There are thousands done each and every day.

I have been watching your posts for weeks and you are seriously giving yourself a heart attack sooner or later if you continue this.

Just my 2 cents but I just had to let this out and tell everyone who thinks like you do to be patient and to think it is not just about you and also that it moves from SC to DO and that may take some time too.
Also just because you might think you may not have a common Name .. you might be wrong and there is a hit in the database.

Ok let's say they started the Name Check the Day your Fingerprints were taken which was according to your Dates 9-20 .. that is a little over a month ago ... come on !!!!!!!!!!!!
Click to expand...

Ladybuggy,

This was not the point.

The point was to know WHETHER IT IS POSSIBLE to take any legal action after 6 months, 1 year or 1.5 years whatever.

When the lady says it could take anywhere between 72 hours and 5 years, I am not willing to have the name check take over my life and basically the day I am eligible to legally do something about it then I will, that was the whole point and I just wanted to know whether there is a timeframe or cut-off.

Sorry about the confusion.
 
eo23 said:
Ladybuggy,

This was not the point.

The point was to know WHETHER IT IS POSSIBLE to take any legal action after 6 months, 1 year or 1.5 years whatever.

When the lady says it could take anywhere between 72 hours and 5 years, I am not willing to have the name check take over my life and basically the day I am eligible to legally do something about it then I will, that was the whole point and I just wanted to know whether there is a timeframe or cut-off.

Sorry about the confusion.
Click to expand...

Patience coupled with proactive approach can definitely help. Afterall, its your life and you've every right to steer it where you want. If not for e023's advice to go for an infopass, I might've still patiently(...or impatiently) watching my mail to receive FP notice that was struck somewhere in immiland..

Thank you eo23 and wish ya g'luck and hope your name check will clear soon.
 
I TALKED TO ONE USCIS CS PERSON, ACCORDING TO USCIS, YOU SHOULD NOT TAKE ANY ACTION BEFORE 180 DAYS.

Nebraska Service Center
Chicago District Office

Timeline
----------------------------
08-30-06: Application Sent
09-01-06: Application Received
09-01-06: Priority Date
09-10-06: Received Biometrics Appointment Notice
09-27-06: Biometrics Appointment
09-28-06: Cleared FP Sent Back From FBI to USCIS
11-29-06: **** STILL WAITING ******************
 
I agree with Ladybuggy.

eo23, you need to chill down a bit. I know it's easier said than done. In my case, it took 4 months (minus 1 day :) ) from FP date to receive IL. I got my IL on 10/6. Had my interview on 11/2 and Oath on 11/15 in Houston. That seemed to follow some of the info reported here that if your name check doesn't clear in 72 hours, there is a "soft" limit that it may clear in 4 months.

I am currently waiting for the IL for my wife. She had her FP on 9/9 so it's getting close to 3 months now.

IMHO, I wouldn't start scheduling infopasses till 6 months after my FP if the IL doesn't show up by then. That was my plan for my application and it's the plan for my wife's.
 
If stuck on name check? start saving money for lawyers

Now filing Writ of Mandamus is taken away from the option list due to not having interview without completing name check. However some applicants are taking that path. We'll hear from them on this bulletin board soon regarding the progress.

Another rumor I am hearing from my lawyer is that filing a class action suit. I read the discussions on class action suit on this website but most of the people skeptic of outcome because of high cost and uncertainty of the time frame for name check. One issue raised is that after filing law suit, applicants may find out that FBI finished working on their cases and they may be free and clear before any court date scheduled.

I understand your frustration, some people get their interview dates as you get "NAME CHECK PENDING" statements. As others go to USCIS office for interview, you go there for an INFOPASS.

If USCIS doesn't expedite the process, there is good chance that we might be heading for class action suit. So let's save money for the lawyers.

By the way, my lawyer thinks we need to wait at least 1.5 year to convince the judge that we have a case and gave USCIS reasonable amount of time. I am seeing 2 years waiting recommandations on this forum too.

Keep being a proactive member of this forum, post whatever you like.
 
Ladybuggy said:
OK for days I've been saying I need to be quiet but I can't do it anymore. I am sorry.

Look ! Your Priority Date is the beginning of September. Be patient. And others too. It seems like that people think this is a snip with your finger procedure. It is not.
Your file, your requested Name Check is not the only one done and even if it would be cleared right away, doesn't mean that they just work on your case. There are thousands done each and every day.

I have been watching your posts for weeks and you are seriously giving yourself a heart attack sooner or later if you continue this.

Just my 2 cents but I just had to let this out and tell everyone who thinks like you do to be patient and to think it is not just about you and also that it moves from SC to DO and that may take some time too.
Also just because you might think you may not have a common Name .. you might be wrong and there is a hit in the database.

Ok let's say they started the Name Check the Day your Fingerprints were taken which was according to your Dates 9-20 .. that is a little over a month ago ... come on !!!!!!!!!!!!
Click to expand...

Amen to that, sister!
 
Every class action I've ever heard about always rewards the lawyers before anybody else benefits... since there wouldn't be any money/damages dangling at the end of the action, I doubt any law firm would be willing to run it pro-bono.
 
Class action is nobody's first choice.

Not a lawyer but read some posts about disadvantages of filing class action suit.

I just don't want to be one of the statistical figures that will be published in a newspaper to show that it is taking forever to get the name check cleared.

USCIS is not talking to me since it is another agency doing the name check.

FBI is not talking to me since I am not their customer.

I can't sue the USCIS or FBI since it hasn't been long enough to get my name cleared.

Even it is long enough, I got a very slim chance to talk a judge into pursuing this case, since most of the judges are conservative in Houston TX.

Soo looking at from this perspective, class action suit could be still an option. Feels like I got cancer, it costs money to cure the disease. Doctors charge money, so do lawyers. I won't have a problem with that as long as I am out of this nightmare.
 
You must log in or register to reply here.
Top