WOM against USCIS (not Fbi) - Your thoughts pls..

N

nomanland

Registered Users (C)
Guys,

I am really exhausted with all the options for wife's case. I do not know why they are holding her case after my approval 3 years back. We filed her I-485 in March 2003. I contacted all the sources,

SR - countless times
Infopass - 2 times
Congressman
Senators
FL
Obudsman
AILA inqury
Many calls to IO

The movement I see approvals for (2004/2005/2006) cases, get frustration and try to call NSC, but no improvements (I could not move in any direction with her case).

The latest jargon (whatever) from USCIS is waiting for Visa availability and everything looks good.

As pas infopass and IO - name check has been cleared ( I believe that is correct).

I know visa are not available to EB3, but I am pretty much sure, it will be there for october (having PD Sep 2001). Since name check has been compled, there is no point of WOM against FBI.

What about filing WOM against USCIS , I am ready to spend hard earned money for the lawyer (at this stage). Is there any disadvantages sueing USCIS?. I have no legal or any other issue with her case and I can counter any RFE for my wife's case , since I maintained all the records from the begining.

Please share your thoughts.
 
If your namecheck has cleared - filing WOM may be waste.....but remember, in my opinion - it may take from 3 weeks to 4 months from namecheck clearance before you see your 485 approval......and also add RFE response times, if you get caught up in that too! hee hee!

Well, it depends....if you want your Green Card desperately - hopefully in less than 30 days....you can take the WOM route....
I think, your lawyer may file it ....against all the departments/FBI...

If you are sure that your namecheck has cleared....the only thing you could do is, repeat inquiries to TSC/Congressman/Senator every month - each department once...and hopefully you should know soon....and they should all come back with the standard response of wait for 30-60 days for review....then you know that your approval is imminent.....

I would say - the key is find out the month/day when your namecheck cleared and keep pounding congressman/senator's door saying - how long should I wait even after my namecheck cleared???


Check out the thread from Publicus on WOM cases....for any info...

http://boards.immigrationportal.com/showthread.php?t=194681&highlight=Publicus
 
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I feel your pain as I am in the similar (but worse) situation. It doesn't hurt to put both CIS and FBI on the defendant list because FBI never told you about the clearance either.

For me, I just got a letter from FBI (with FL's help) saying my wife's NC was cleared in 10/2004 (!) and mine is still pending (!!). Because I am the primary, neither of us get the GC so far. How's that? Worse than your situation?

I am going to sue both CIS and FBI starting Sept. 1 when my PD is current (Aug. bulletin says 'U' for all).
 
hyyz,

I know hyyz, it is hell. I do not mind even if it takes 10 years if they go FIFO order. We have seen lots of approvals after our RD, that is really pain. BTW, can you please share the details of you WOM,

1. Are you doing by own or thru attorney.

2. Do you know any good attorney for WOM.

Please let me know.
 
nomanland,

I will file WOM by myself because I think my case should be a strong case. For USCIS, my PD was current for the most of past several years (probably not current only for a couple of months). For FBI, giving the time my case has been pending, I have a good reason to request judge to ask them to show how they are actively processing my case (I bet they can't show).

I guess you first need to make sure your wife's NC is cleared. Then ask Senators to press on CIS. I heard Senators have more power over CIS. They are reluctant to press on FBI though.

There is a Yahoo group called 'namechecktracker'. You want to join that group to find more info about attorneys.
 
re:

hyyz,

when are you planning to file WOM. My dates are pretty much similar to yours and i am stuck in name check. are you doing it by yourself. check you PM, so we talk more.

vik
 
vik30000,

I will do when my PD is current again, which is 9/1. Before do it I'll probably call IO to ask how they are going to handle my case.

Search 'FBI Name Checks' in Wikipedia and you'll find how you can do it. That is also what I have been following. I figured I have nothing to lose, except the $350 lawsuit filing fee. Remember, EAD renewal alone would cost me $340.
 
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