Suing USCIS with WOM for I-130 (19 mo delay)

[produke 0]

I am sick of taking ####### from USCIS, and am thinking of suing them with writ or mandamus (WOM). I have approached my incompetent congressman, OMBUDSMAN, local feild office. All are useless and unhelpful.

My application is pending 19 months. I filed during the "rush" fiasco of summer 2007. My application has never left the Vermont center. I received a LUD in january, and then this week on a SUNDAY!!! This makes me to believe that it was just a system update, and no actual breathing USCIS worker really pulled out my application for any solid action. It was either a system backup, or random touch on applications that seems to collecting dust. The USCIS bot touches them so that they can sleep on it for another 3 months.

At first USCIS wouldnt even tell me the reason for delay, untill a couple of months ago. They finally got off their coolaid and donuts and told me that my application is pending name check. It wont move ahead untill a security clearance is provided. For a person who doesnt even have a speeding ticket, its unreasonable to prolong security check.

SO, after taking their ####### for more than year and half, I am suing them. I think i might be able to ask the court to reimburse for lawyer and fed court fee (about $2500).

I have yet to see my lawyer, but want to ask if any one here has filed a law suit against uscis and has gotten anywhere.

[MsMariah 0]

Oh ya Raab... that's horrible! I really hope that you get satisfaction somehow. I haven't read much about the WoM so I can't advise you on that. And what is a LUD?

I just wanted to say that I'm sorry your family is going through this and I hope resolution to your case comes soon

[AboutTime 0]

I am sick of taking ####### from USCIS, and am thinking of suing them with writ or mandamus (WOM). I have approached my incompetent congressman, OMBUDSMAN, local feild office. All are useless and unhelpful.

My application is pending 19 months. I filed during the "rush" fiasco of summer 2007. My application has never left the Vermont center. I received a LUD in january, and then this week on a SUNDAY!!! This makes me to believe that it was just a system update, and no actual breathing USCIS worker really pulled out my application for any solid action. It was either a system backup, or random touch on applications that seems to collecting dust. The USCIS bot touches them so that they can sleep on it for another 3 months.

At first USCIS wouldnt even tell me the reason for delay, untill a couple of months ago. They finally got off their coolaid and donuts and told me that my application is pending name check. It wont move ahead untill a security clearance is provided. For a person who doesnt even have a speeding ticket, its unreasonable to prolong security check.

SO, after taking their ####### for more than year and half, I am suing them. I think i might be able to ask the court to reimburse for lawyer and fed court fee (about $2500).

I have yet to see my lawyer, but want to ask if any one here has filed a law suit against uscis and has gotten anywhere.

you are surely not alone....lot of people from Pakistani background are on "background check". WoM worked for my wife's N-400.

Most likely things will move before the court hearing date...so don't count on getting reimbursed. But on the bright side you will get somewhere with your application.

[produke 0]

LUD = Last Up Dated. Probably by a USCIS automated Bot.

[produke 0]

you are surely not alone....lot of people from Pakistani background are on "background check". WoM worked for my wife's N-400.

Most likely things will move before the court hearing date...so don't count on getting reimbursed. But on the bright side you will get somewhere with your application.

money is not an issue at this point. I can either sit on my butt and get nowhere, or file a lawsuit, and get moving. But i just want to get feedback if someone here has done it, and had success.

Edited April 30, 2009 by produke

[MrsRowe 2]

I had the name check problem when i filed for citizenship. There is really nothing much you can do. I wrote everyone even ####### Cheney and George Bush and Laura Bush. It really did not do much to help me. I was stuck for 2 and a half years. Keep writing as many people as possible and something may happy. Good Luck. don't give up. USCIS's treatment of people applying for any type of immigration service is deplorable.

[chinese_mutt 11]

hummmm... think this will work? they may just adjudicate it and deny it if they get pissed off.

why not cancel it and re-file?

[dknoon3 0]

I am sick of taking ####### from USCIS, and am thinking of suing them with writ or mandamus (WOM). I have approached my incompetent congressman, OMBUDSMAN, local feild office. All are useless and unhelpful.

My application is pending 19 months. I filed during the "rush" fiasco of summer 2007. My application has never left the Vermont center. I received a LUD in january, and then this week on a SUNDAY!!! This makes me to believe that it was just a system update, and no actual breathing USCIS worker really pulled out my application for any solid action. It was either a system backup, or random touch on applications that seems to collecting dust. The USCIS bot touches them so that they can sleep on it for another 3 months.

At first USCIS wouldnt even tell me the reason for delay, untill a couple of months ago. They finally got off their coolaid and donuts and told me that my application is pending name check. It wont move ahead untill a security clearance is provided. For a person who doesnt even have a speeding ticket, its unreasonable to prolong security check.

SO, after taking their ####### for more than year and half, I am suing them. I think i might be able to ask the court to reimburse for lawyer and fed court fee (about $2500).

I have yet to see my lawyer, but want to ask if any one here has filed a law suit against uscis and has gotten anywhere.

this stinks...hope it gets resolved soon

[sasha414 0]

omg produke, i remember you, i thought you got approved already since those petitions filed in the same month as yours are mostly done. i hope this problem gets fixed.

[Frank1 1]

I am sick of taking ####### from USCIS, and am thinking of suing them with writ or mandamus (WOM). I have approached my incompetent congressman, OMBUDSMAN, local feild office. All are useless and unhelpful.

My application is pending 19 months. I filed during the "rush" fiasco of summer 2007. My application has never left the Vermont center. I received a LUD in january, and then this week on a SUNDAY!!! This makes me to believe that it was just a system update, and no actual breathing USCIS worker really pulled out my application for any solid action. It was either a system backup, or random touch on applications that seems to collecting dust. The USCIS bot touches them so that they can sleep on it for another 3 months.

At first USCIS wouldnt even tell me the reason for delay, untill a couple of months ago. They finally got off their coolaid and donuts and told me that my application is pending name check. It wont move ahead untill a security clearance is provided. For a person who doesnt even have a speeding ticket, its unreasonable to prolong security check.

SO, after taking their ####### for more than year and half, I am suing them. I think i might be able to ask the court to reimburse for lawyer and fed court fee (about $2500).

I have yet to see my lawyer, but want to ask if any one here has filed a law suit against uscis and has gotten anywhere.

Hi

I would like to share one of my experiences with you, which I had with ICE and the homeland security (DHS)

I was in ICE custody and met lots of detainee sitting in the jail for long time and the judge has already ordered their deportation and according to the law they had to be deported to their country as soon as possible (max in a month) but some of them have been waiting for more than 6 months (or in total to get the judgment and deportation finalized more than a year) for nothing! Very frustrated and didn’t know what to do, anytime they asked when they will be deported, they (ICE) were just saying oh we are background checking with Interpol. I was telling to one of them why don’t you get a judge appointment? He asked me how? My file is closed and I have to wait! I said you just fill in the form to reopen your fill and ask to meet your deportation judge. He did and he got appointment after about two weeks. When he faced the judge, his judge got surprised! “What are you doing here?” “Why you are still here?” “You have been ordered 6 months ago” He said to the judge any time I ask my deportation officer why we are still here they answer differently! Judge was asking the ICE (The government attorneys) what is going on? Why he is still here? One of them said we have been told from Washington to keep them here. Judge asked them, do you have a written order from Washington? They said no we talk on the phon. Judge said: This is not accepted to me you have to let this man go in two weeks or I take legal action against your whole department. “What you doing is illegal” If you bring me a written paper from government that says you have to keep them here and the reason, I will accept otherwise I don’t accept your phone conversation with government in Washington. However they deport this man in a week and he was thanking me a lot.

I think you should do what your feeling say! I never done this, therefore I can not give you any advice but, according to their site and law the processing time is 6 months no matter what, which is more than enough to check a person, your application has been pending for 19 months and stills no answer. You are not going to loss anything if you take them to court! I think this is your right to have a reasonable answer. How long takes to do a security check? Believe me they have lots of tools to find out about a person! Some times the officer who handling your case just doesn’t like certain countries and they involve their feeling in that. This is not right!

Whish you good luck!

[Beth/ Paris Heart 2]

I am sick of taking ####### from USCIS, and am thinking of suing them with writ or mandamus (WOM). I have approached my incompetent congressman, OMBUDSMAN, local feild office. All are useless and unhelpful.

My application is pending 19 months. I filed during the "rush" fiasco of summer 2007. My application has never left the Vermont center. I received a LUD in january, and then this week on a SUNDAY!!! This makes me to believe that it was just a system update, and no actual breathing USCIS worker really pulled out my application for any solid action. It was either a system backup, or random touch on applications that seems to collecting dust. The USCIS bot touches them so that they can sleep on it for another 3 months.

At first USCIS wouldnt even tell me the reason for delay, untill a couple of months ago. They finally got off their coolaid and donuts and told me that my application is pending name check. It wont move ahead untill a security clearance is provided. For a person who doesnt even have a speeding ticket, its unreasonable to prolong security check.

SO, after taking their ####### for more than year and half, I am suing them. I think i might be able to ask the court to reimburse for lawyer and fed court fee (about $2500).

I have yet to see my lawyer, but want to ask if any one here has filed a law suit against uscis and has gotten anywhere.

Hi

I would like to share one of my experiences with you, which I had with ICE and the homeland security (DHS)

I was in ICE custody and met lots of detainee sitting in the jail for long time and the judge has already ordered their deportation and according to the law they had to be deported to their country as soon as possible (max in a month) but some of them have been waiting for more than 6 months (or in total to get the judgment and deportation finalized more than a year) for nothing! Very frustrated and didn't know what to do, anytime they asked when they will be deported, they (ICE) were just saying oh we are background checking with Interpol. I was telling to one of them why don't you get a judge appointment? He asked me how? My file is closed and I have to wait! I said you just fill in the form to reopen your fill and ask to meet your deportation judge. He did and he got appointment after about two weeks. When he faced the judge, his judge got surprised! "What are you doing here?" "Why you are still here?" "You have been ordered 6 months ago" He said to the judge any time I ask my deportation officer why we are still here they answer differently! Judge was asking the ICE (The government attorneys) what is going on? Why he is still here? One of them said we have been told from Washington to keep them here. Judge asked them, do you have a written order from Washington? They said no we talk on the phon. Judge said: This is not accepted to me you have to let this man go in two weeks or I take legal action against your whole department. "What you doing is illegal" If you bring me a written paper from government that says you have to keep them here and the reason, I will accept otherwise I don't accept your phone conversation with government in Washington. However they deport this man in a week and he was thanking me a lot.

I think you should do what your feeling say! I never done this, therefore I can not give you any advice but, according to their site and law the processing time is 6 months no matter what, which is more than enough to check a person, your application has been pending for 19 months and stills no answer. You are not going to loss anything if you take them to court! I think this is your right to have a reasonable answer. How long takes to do a security check? Believe me they have lots of tools to find out about a person! Some times the officer who handling your case just doesn't like certain countries and they involve their feeling in that. This is not right!

Whish you good luck!

It is very possible the beneficiary got a hit on their name during background check, and this can cause long delays. But after this long, it is un-called for. FBI claimed backlog was pretty well cleaned up, I think its time for a attorney.

FYI: ICE is DHS. All the agencies, U.S. Customs, USDA, ICE, USCIS, etc. .all merged, took effect right after 9/11

[Frank1 1]

I am sick of taking ####### from USCIS, and am thinking of suing them with writ or mandamus (WOM). I have approached my incompetent congressman, OMBUDSMAN, local feild office. All are useless and unhelpful.

My application is pending 19 months. I filed during the "rush" fiasco of summer 2007. My application has never left the Vermont center. I received a LUD in january, and then this week on a SUNDAY!!! This makes me to believe that it was just a system update, and no actual breathing USCIS worker really pulled out my application for any solid action. It was either a system backup, or random touch on applications that seems to collecting dust. The USCIS bot touches them so that they can sleep on it for another 3 months.

At first USCIS wouldnt even tell me the reason for delay, untill a couple of months ago. They finally got off their coolaid and donuts and told me that my application is pending name check. It wont move ahead untill a security clearance is provided. For a person who doesnt even have a speeding ticket, its unreasonable to prolong security check.

SO, after taking their ####### for more than year and half, I am suing them. I think i might be able to ask the court to reimburse for lawyer and fed court fee (about $2500).

I have yet to see my lawyer, but want to ask if any one here has filed a law suit against uscis and has gotten anywhere.

Hi

I would like to share one of my experiences with you, which I had with ICE and the homeland security (DHS)

I was in ICE custody and met lots of detainee sitting in the jail for long time and the judge has already ordered their deportation and according to the law they had to be deported to their country as soon as possible (max in a month) but some of them have been waiting for more than 6 months (or in total to get the judgment and deportation finalized more than a year) for nothing! Very frustrated and didn't know what to do, anytime they asked when they will be deported, they (ICE) were just saying oh we are background checking with Interpol. I was telling to one of them why don't you get a judge appointment? He asked me how? My file is closed and I have to wait! I said you just fill in the form to reopen your fill and ask to meet your deportation judge. He did and he got appointment after about two weeks. When he faced the judge, his judge got surprised! "What are you doing here?" "Why you are still here?" "You have been ordered 6 months ago" He said to the judge any time I ask my deportation officer why we are still here they answer differently! Judge was asking the ICE (The government attorneys) what is going on? Why he is still here? One of them said we have been told from Washington to keep them here. Judge asked them, do you have a written order from Washington? They said no we talk on the phon. Judge said: This is not accepted to me you have to let this man go in two weeks or I take legal action against your whole department. "What you doing is illegal" If you bring me a written paper from government that says you have to keep them here and the reason, I will accept otherwise I don't accept your phone conversation with government in Washington. However they deport this man in a week and he was thanking me a lot.

I think you should do what your feeling say! I never done this, therefore I can not give you any advice but, according to their site and law the processing time is 6 months no matter what, which is more than enough to check a person, your application has been pending for 19 months and stills no answer. You are not going to loss anything if you take them to court! I think this is your right to have a reasonable answer. How long takes to do a security check? Believe me they have lots of tools to find out about a person! Some times the officer who handling your case just doesn't like certain countries and they involve their feeling in that. This is not right!

Whish you good luck!

It is very possible the beneficiary got a hit on their name during background check, and this can cause long delays. But after this long, it is un-called for. FBI claimed backlog was pretty well cleaned up, I think its time for a attorney.

FYI: ICE is DHS. All the agencies, U.S. Customs, USDA, ICE, USCIS, etc. .all merged, took effect right after 9/11

Yes, 'Paris Heart' you are right! All this department are merged and they working together, or better said they are under one umbrella , but they still have their own names! Like when you are dealing with ICE you can not say USCIS or DHS! You have to point to that specific Depatrment. FBI is dealling with homeland security too, but you can not use DHS instead of FBI. You specify that particular name to distinguish between different departments.

[produke 0]

@sasha...yea its me...still stuck ...thanks everybody for helping . Alot of you have been very supportive. I am doing some research into finding a real good lawyer. I already have an immigration lawyer who says he can file fed law suit on my behalf, but I have to meet him and get more info. I am seriously sick of all this #######, as its hurting my marital relationship. Its just too much for one person to bear....

[chinese_mutt 11]

@sasha...yea its me...still stuck ...thanks everybody for helping . Alot of you have been very supportive. I am doing some research into finding a real good lawyer. I already have an immigration lawyer who says he can file fed law suit on my behalf, but I have to meet him and get more info. I am seriously sick of all this #######, as its hurting my marital relationship. Its just too much for one person to bear....

You can call this number got it off an immigration book.

American Immigration Lawyers Association's Lawyer Referal service

(800) 954-0254

Good luck!

[sara..... 371]

im really sorry that ur going thru this, waiting so so hard.

i dont know why some of our petitions get caught up in this black hole.

i dont know if what u want to do will help u or not two different attorneys told me NOT to do it because if the service center wants to be really nasty about it they can deny the case because

its in security checks. so it sounded to me like even a judge could not pull it out of there because the service center has all their little ducks in a row.....and the call it SECURITY CHECK.

what ever u decide to do i wish u all the luck and u really hope u get ur noa2 any day now ur in my prayers

sara