FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
Aug 10th 2006, 8:30 pm
#31
Just Joined
Joined: Sep 2005
Posts: 16
Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
I filed AOS in November 2001. Had interview in January 2003 and was approved pending name check results. I tried to follow up with the INS and FBI. Even got ot speak to one of the analysts that compeleted my FBI name check in July 2004.
Even though the FBI faxed me a letter in July 2004 telling me my name check was complete - USCIS did not process my file. I have contacted multiple congressman / senators to no avail.
In April 2005 I had a follow up appointment / interview with a USCIS officer in California who told me that my aplication was complete and I should hear from them very soon - and to come back in 60-days if I did not. Of course, I did not hear from her again and was refused permission to speak to her on three differnet infopass appointments. Back to the senators office.
In May 2005 - my file was requested by USCIS HQ in Washington DC. For about 6-months nobody at USCIS knew where my file was. Senator Feinstein's aide finally informed me that it was erroneousely sent to a USCIS file storage facility and reached DC only in October 2005.
Meanwhile, I had filed for Advance Parole Travel Authorization in March 2005 and had not heard back. My elederly father was sick and I needed to see him. I got a letter from his doctor in London to that effect and was very persistent with aides from California Congressman and Senator's offices.
My Advance Parole request was denied! I had recieved Advance Parole on 3 previous occasions with no problems. Of course I was also short $165.
I received a rather lame letter from USCIS in DC (via Senator Feinsteins aide) to the effect that while they are investigating me they will not issue advance parole. That was over 7-months ago and my patience (After almost 5 years) is wearing thin.
A Mandamus sounds like a good idea right now. Does anyone know of a lawyer in LA / California who could help me?
I am curious if anyone has been waiting as long as me. I filed AOS in November 2001.
Even though the FBI faxed me a letter in July 2004 telling me my name check was complete - USCIS did not process my file. I have contacted multiple congressman / senators to no avail.
In April 2005 I had a follow up appointment / interview with a USCIS officer in California who told me that my aplication was complete and I should hear from them very soon - and to come back in 60-days if I did not. Of course, I did not hear from her again and was refused permission to speak to her on three differnet infopass appointments. Back to the senators office.
In May 2005 - my file was requested by USCIS HQ in Washington DC. For about 6-months nobody at USCIS knew where my file was. Senator Feinstein's aide finally informed me that it was erroneousely sent to a USCIS file storage facility and reached DC only in October 2005.
Meanwhile, I had filed for Advance Parole Travel Authorization in March 2005 and had not heard back. My elederly father was sick and I needed to see him. I got a letter from his doctor in London to that effect and was very persistent with aides from California Congressman and Senator's offices.
My Advance Parole request was denied! I had recieved Advance Parole on 3 previous occasions with no problems. Of course I was also short $165.
I received a rather lame letter from USCIS in DC (via Senator Feinsteins aide) to the effect that while they are investigating me they will not issue advance parole. That was over 7-months ago and my patience (After almost 5 years) is wearing thin.
A Mandamus sounds like a good idea right now. Does anyone know of a lawyer in LA / California who could help me?
I am curious if anyone has been waiting as long as me. I filed AOS in November 2001.
Originally Posted by nosce_te_ipsum
My FBI name check in connection with an AOS application has been pending for almost a year and a half now. My FBI fingerprints expired a couple of months ago. At my recent infopass appointment, I was informed that I won't receive a fingerprints appointment notice until my name check is cleared. I've noted from personal observation of past experiences reported online that other applicants in a similar plight are offered to re-do their fingerptints soon after the 15 month expiration. Should I be concerned and make another infopass appointment to get "second opinion" or trust the first opinion with the understanding that different procedures may apply in different local offices and/or individual applicants' circumstances?
I'm also curious to hear opinions about filing a writ of mandamus (WOM) to expedite the namecheck and processing of the application, as seems to be a new trend, especially, but not exclusively, in citizenship adjudication cases (where an appeal can be made to a specific law, INA Section 336(b), 8 U.S.C. ยง 1447(b)). What length of time should an AOS applicant with a pending name check endure before filing the WOM to allow an 'archetypal' judge decide in good conscience that the USICS has failed to adjudicate the I-485 application "in reasonable time" and compel it to make a decision, positive or negative? At least 2 years? 3 years? Longer? What are the primary risks involved with the WOM? Is any retaliatory complication and thus further delaying of the case possible on the part of the USCIS?
I'm also curious to hear opinions about filing a writ of mandamus (WOM) to expedite the namecheck and processing of the application, as seems to be a new trend, especially, but not exclusively, in citizenship adjudication cases (where an appeal can be made to a specific law, INA Section 336(b), 8 U.S.C. ยง 1447(b)). What length of time should an AOS applicant with a pending name check endure before filing the WOM to allow an 'archetypal' judge decide in good conscience that the USICS has failed to adjudicate the I-485 application "in reasonable time" and compel it to make a decision, positive or negative? At least 2 years? 3 years? Longer? What are the primary risks involved with the WOM? Is any retaliatory complication and thus further delaying of the case possible on the part of the USCIS?
Aug 11th 2006, 4:37 pm
#32
Just Joined
Joined: Jul 2006
Location: Chicago
Posts: 8
Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
I will pass the info later on today I hope. I will be filling in the next few hours thru a lawyer. As soon as I file and get a copy I will share the info. I can give you the lawyer info offline (email). But I guess you have to be in Chicago. let me know if you have questions
Originally Posted by [email protected]
Thanks, That would be nice if you can pass the infomation. I would like
to know how to file this WOM. Did you file this WOM yourself or you
asked the help from a lawyer? If so, can you share your lawyer's
contact information?
moeamer wrote:
> > why is that
> I am in the same situation and I am filling a WOM, I don't know that
> facts in your case but I might have some helpful information if you
> like. I think that there is a merit for a class action if we have enough
> people to join. Like I said I'll be more then happy to pass the info.
>
> --
> Posted via http://britishexpats.com
to know how to file this WOM. Did you file this WOM yourself or you
asked the help from a lawyer? If so, can you share your lawyer's
contact information?
moeamer wrote:
> > why is that
> I am in the same situation and I am filling a WOM, I don't know that
> facts in your case but I might have some helpful information if you
> like. I think that there is a merit for a class action if we have enough
> people to join. Like I said I'll be more then happy to pass the info.
>
> --
> Posted via http://britishexpats.com
Aug 11th 2006, 8:44 pm
#33
Forum Regular
Joined: Sep 2003
Posts: 160
Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
Here is a website that goes into detail on the steps of filing a pro se writ of mandamus. It is focused on the citizenship issue, but is still relevant for AOS.
http://boards.immigrationportal.com/...1&page=1&pp=15
Steps to take to file a lawsuit:
1. Contact your Federal District Court and ask for a Civil Case Pro Se package.
2. Read it and follow the instructions.
3. Prepare a lawsuit on Microsoft word. Print it and sign it.
4. Get a Civil Cover sheet and fill it out.
5. Call the court and ask to speak to the clerk...explain your situation and listen for advice.
6. Either mail in or drop off the papers [complaint (with exhibits if any) + cover sheet]
7. The court will send you a summons with your case number.
8. Make copies of the summons and your complaint. (one for each defendant and an extra copy for the US attorney in your district)
9. Put the case # on all copies.
10. Serve the complaint + summons + exhibits if any via CERTIFIED MAIL RETURN RECEIPT REQUESTED on all defendants and the US atty office. Call the US ATTORNEY and get their address and the right department you should send your complaint to. (read the memo called whom to serve in my first post)
11. Wait for the return receipt. The 60-day count starts from the date shown on the receipt received from the US atty.
12. File the return receipt with the court, and send a copy to the US atty office.
13. From here, everytime you file something with the court, send a copy to the US attorney and file a Certificate of service with the court. (see p.10 of this thread for an example)
14. 2 weeks before the expiration of the deadline, call the US atty, introduce yourself, and ask about your case.
15. Hopefully the name check will be cleared, and you'll be a citizen within 2 to 3 months of filing the suit.
When you file a lawsuit, with your complaint, you have to introduce a Civil Cover Sheet, Basically this allows the court's clerk to classify your case in the system. All immigration lawsuits are filed under code 890 for Nature of Suit. See below an example of a cover sheet. Make sure you use your district court's cover sheet. You may download it online.
While you are reading this, and filing your suit, do not get trapped in the Analysis Paralysis syndrom. Don't get scared or worried about small administrative issues. The Court knows you are a Pro Se applicant and does not expect you to be perfect. Just GO FOR IT, take the first step and things will become clearer as you go along. The first step is the hardest, but trust me, YOU CAN DO IT. I DID.
Since each message only allows a maximum of five attachments, I will later post a cover sheet for Green Card lawsuits. (update:Cover sheet for Green Card is on page 14)
For more information about Civil Lawsuit, refer to the Federal Rules of Civil Procedures (FCRP). They are a great sources for answers on Summons, who to serve, etc...
http://www.law.cornell.edu/rules/frcp/index.html
http://boards.immigrationportal.com/...1&page=1&pp=15
Steps to take to file a lawsuit:
1. Contact your Federal District Court and ask for a Civil Case Pro Se package.
2. Read it and follow the instructions.
3. Prepare a lawsuit on Microsoft word. Print it and sign it.
4. Get a Civil Cover sheet and fill it out.
5. Call the court and ask to speak to the clerk...explain your situation and listen for advice.
6. Either mail in or drop off the papers [complaint (with exhibits if any) + cover sheet]
7. The court will send you a summons with your case number.
8. Make copies of the summons and your complaint. (one for each defendant and an extra copy for the US attorney in your district)
9. Put the case # on all copies.
10. Serve the complaint + summons + exhibits if any via CERTIFIED MAIL RETURN RECEIPT REQUESTED on all defendants and the US atty office. Call the US ATTORNEY and get their address and the right department you should send your complaint to. (read the memo called whom to serve in my first post)
11. Wait for the return receipt. The 60-day count starts from the date shown on the receipt received from the US atty.
12. File the return receipt with the court, and send a copy to the US atty office.
13. From here, everytime you file something with the court, send a copy to the US attorney and file a Certificate of service with the court. (see p.10 of this thread for an example)
14. 2 weeks before the expiration of the deadline, call the US atty, introduce yourself, and ask about your case.
15. Hopefully the name check will be cleared, and you'll be a citizen within 2 to 3 months of filing the suit.
When you file a lawsuit, with your complaint, you have to introduce a Civil Cover Sheet, Basically this allows the court's clerk to classify your case in the system. All immigration lawsuits are filed under code 890 for Nature of Suit. See below an example of a cover sheet. Make sure you use your district court's cover sheet. You may download it online.
While you are reading this, and filing your suit, do not get trapped in the Analysis Paralysis syndrom. Don't get scared or worried about small administrative issues. The Court knows you are a Pro Se applicant and does not expect you to be perfect. Just GO FOR IT, take the first step and things will become clearer as you go along. The first step is the hardest, but trust me, YOU CAN DO IT. I DID.
Since each message only allows a maximum of five attachments, I will later post a cover sheet for Green Card lawsuits. (update:Cover sheet for Green Card is on page 14)
For more information about Civil Lawsuit, refer to the Federal Rules of Civil Procedures (FCRP). They are a great sources for answers on Summons, who to serve, etc...
http://www.law.cornell.edu/rules/frcp/index.html
Aug 12th 2006, 1:30 pm
#34
Guest
Posts: n/a
Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
I appreciate very much that you are so kind sharing this detail
information.
bluesails wrote:
> > I will pass the info later on today I hope. I will be filling in the
> > next few hours thru a lawyer. As soon as I file and get a copy I will
> > share the info. I can give you the lawyer info offline (email). But I
> > guess you have to be in Chicago. let me know if you have questions
> Here is a website that goes into detail on the steps of filing a pro se
> writ of mandamus. It is focused on the citizenship issue, but is still
> relevant for AOS.
> http://boards.immigrationportal.com/...1&page=1&pp=15
> Steps to take to file a lawsuit:
> 1. Contact your Federal District Court and ask for a Civil Case Pro
> Se package.
> 2. Read it and follow the instructions.
> 3. Prepare a lawsuit on Microsoft word. Print it and sign it.
> 4. Get a Civil Cover sheet and fill it out.
> 5. Call the court and ask to speak to the clerk...explain your
> situation and listen for advice.
> 6. Either mail in or drop off the papers [complaint (with exhibits
> if any) + cover sheet]
> 6. The court will send you a summons with your case number.
> 8. Make copies of the summons and your complaint. (one for each
> defendant and an extra copy for the US attorney in your district)
> 7. Put the case # on all copies.
> 10. Serve the complaint + summons + exhibits if any via CERTIFIED
> MAIL RETURN RECEIPT REQUESTED on all defendants and the US atty
> office. Call the US ATTORNEY and get their address and the right
> department you should send your complaint to. (read the memo called
> whom to serve in my first post)
> 8. Wait for the return receipt. The 60-day count starts from the date
> shown on the receipt received from the US atty.
> 9. File the return receipt with the court, and send a copy to the US
> atty office.
> 13. From here, everytime you file something with the court, send a
> copy to the US attorney and file a Certificate of service with the
> court. (see p.10 of this thread for an example)
> 10. 2 weeks before the expiration of the deadline, call the US atty,
> introduce yourself, and ask about your case.
> 11. Hopefully the name check will be cleared, and you'll be a citizen
> within 2 to 3 months of filing the suit.
> When you file a lawsuit, with your complaint, you have to introduce a
> Civil Cover Sheet, Basically this allows the court's clerk to classify
> your case in the system. All immigration lawsuits are filed under code
> 890 for Nature of Suit. See below an example of a cover sheet. Make sure
> you use your district court's cover sheet. You may download it online.
> While you are reading this, and filing your suit, do not get trapped in
> the Analysis Paralysis syndrom. Don't get scared or worried about small
> administrative issues. The Court knows you are a Pro Se applicant and
> does not expect you to be perfect. Just GO FOR IT, take the first step
> and things will become clearer as you go along. The first step is the
> hardest, but trust me, YOU CAN DO IT. I DID.
> Since each message only allows a maximum of five attachments, I will
> later post a cover sheet for Green Card lawsuits. (update:Cover sheet
> for Green Card is on page 14)
> For more information about Civil Lawsuit, refer to the Federal Rules of
> Civil Procedures (FCRP). They are a great sources for answers on
> Summons, who to serve, etc...
> http://www.law.cornell.edu/rules/frcp/index.html
>
> --
> Posted via http://britishexpats.com
information.
bluesails wrote:
> > I will pass the info later on today I hope. I will be filling in the
> > next few hours thru a lawyer. As soon as I file and get a copy I will
> > share the info. I can give you the lawyer info offline (email). But I
> > guess you have to be in Chicago. let me know if you have questions
> Here is a website that goes into detail on the steps of filing a pro se
> writ of mandamus. It is focused on the citizenship issue, but is still
> relevant for AOS.
> http://boards.immigrationportal.com/...1&page=1&pp=15
> Steps to take to file a lawsuit:
> 1. Contact your Federal District Court and ask for a Civil Case Pro
> Se package.
> 2. Read it and follow the instructions.
> 3. Prepare a lawsuit on Microsoft word. Print it and sign it.
> 4. Get a Civil Cover sheet and fill it out.
> 5. Call the court and ask to speak to the clerk...explain your
> situation and listen for advice.
> 6. Either mail in or drop off the papers [complaint (with exhibits
> if any) + cover sheet]
> 6. The court will send you a summons with your case number.
> 8. Make copies of the summons and your complaint. (one for each
> defendant and an extra copy for the US attorney in your district)
> 7. Put the case # on all copies.
> 10. Serve the complaint + summons + exhibits if any via CERTIFIED
> MAIL RETURN RECEIPT REQUESTED on all defendants and the US atty
> office. Call the US ATTORNEY and get their address and the right
> department you should send your complaint to. (read the memo called
> whom to serve in my first post)
> 8. Wait for the return receipt. The 60-day count starts from the date
> shown on the receipt received from the US atty.
> 9. File the return receipt with the court, and send a copy to the US
> atty office.
> 13. From here, everytime you file something with the court, send a
> copy to the US attorney and file a Certificate of service with the
> court. (see p.10 of this thread for an example)
> 10. 2 weeks before the expiration of the deadline, call the US atty,
> introduce yourself, and ask about your case.
> 11. Hopefully the name check will be cleared, and you'll be a citizen
> within 2 to 3 months of filing the suit.
> When you file a lawsuit, with your complaint, you have to introduce a
> Civil Cover Sheet, Basically this allows the court's clerk to classify
> your case in the system. All immigration lawsuits are filed under code
> 890 for Nature of Suit. See below an example of a cover sheet. Make sure
> you use your district court's cover sheet. You may download it online.
> While you are reading this, and filing your suit, do not get trapped in
> the Analysis Paralysis syndrom. Don't get scared or worried about small
> administrative issues. The Court knows you are a Pro Se applicant and
> does not expect you to be perfect. Just GO FOR IT, take the first step
> and things will become clearer as you go along. The first step is the
> hardest, but trust me, YOU CAN DO IT. I DID.
> Since each message only allows a maximum of five attachments, I will
> later post a cover sheet for Green Card lawsuits. (update:Cover sheet
> for Green Card is on page 14)
> For more information about Civil Lawsuit, refer to the Federal Rules of
> Civil Procedures (FCRP). They are a great sources for answers on
> Summons, who to serve, etc...
> http://www.law.cornell.edu/rules/frcp/index.html
>
> --
> Posted via http://britishexpats.com
Aug 12th 2006, 3:29 pm
#35
Just Joined
Joined: Mar 2006
Posts: 9
Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
Can you tell me what office you are dealing with? My cousin is in the same place as you.
Aug 14th 2006, 7:28 pm
#36
Just Joined
Joined: Jul 2006
Location: Chicago
Posts: 8
Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
Originally Posted by Semlac
Can you tell me what office you are dealing with? My cousin is in the same place as you.
Aug 24th 2006, 12:23 am
#37
Just Joined
Joined: Jul 2006
Location: Chicago
Posts: 8
Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
Originally Posted by moeamer
I am not sure if your question was directed to me or not. However, if it is I am dealing with the Chicago office.
Sep 26th 2006, 8:03 pm
#38
Forum Regular
Joined: Sep 2003
Posts: 160
Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
Originally Posted by moeamer
I did file my WOM. I will let you know the out come in the next few weeks!
