Lawsuit against USCIS for an early filing N400 date due to Green Card Delay

[centrinouk 5]

Dear All,

I have applied for I485 and I130 family based peition since March 2012

My interview date was June 2nd in Hawaii field office. Just 2 weeks before

my interview, I got a job offer in California but I never moved yet and never filed

change of address. During the interview processed when the interviewer asked me

If I work because I showed her my SSN and EAD so I told her the truth that I got

offer for employment in Hawaii by San Francisco but I will still be in Hawaii for the next couple of months.

After she looked at all the documents and all the photos. She said all the documents are ok

but I can't give any decision until I see my supervisor and he is busy now.

I will speak to my supervisor if I will process the case here or it should be transferred.

2 weeks later I got a phone call from the USCIS and they told me that they will transfer

the case to the San francisco office. It was very odd and weird why did they transfer the case for

processing in San Francisco office. 1 week after I got the call , I got a place in San Francisco

and I filed AR-11 in July.

August 3rd I got A letter that I need to show up for interview in San Francisco by August 25th

I made the interview it was exactly the same thing as Hawaii.

The officer was called Sakaya an Asian lady she was very nasty and she didn't give me a decision.

A month later I got a letter that I need to appear for another Interview in San Francisco.

by End of october. That interview was stokes interview and we passed it.

The office said that day I am satisfied that the marriage is genuine and I will be approving this case end of the day

or no later than 2 weeks. Nothing really changed and I called USCIS and talk to TIER2 they said under processing

I went to infopass and the woman was laughing at me she told me usually it takes 1 year to process

thats why you have an EAD and then she laughed at me said OMG you called USCIS soo many times.

A month later I went to USCIS and another woman was extremely rude and yelling at me.

I asked for a supervisor and fought for it. Finally after couple of hours got a supervisor she looked at my case

she said yes its recommended for approval but probably something is missing.

The same day I spoke to the supervisor the case was approved that was end of december 2012

Ok this was the story my question

Majority of cases are approved same day. My case was not treated professional and it was treated

unprofessionally with misleads by USCIS officer. There was no FBI Checkes issues as I made the finger print and I was approved for EAD immediately

Due to the lack of experience of USCIS officers they transferred the case to San Francisco without filling AR-11 and I didn't even moved to CA.

I just don't know why I didn't get it approved sameday.

This not justice and unfair to do that to me

My permanent resident has been delayed for almost 7 months. Now I will be eligible for Early n400 filing by September.

I have an evidence that I have attended 3 interviews for no reasons. I just don't know why the interview results in Hawaii were completely disregarded and

I have to start all over again in San Francisco field office

My current situation now I am on a permanet resident and filed already for removal of condition and my early N400 filing window would open by September.

I am an IT Professional and work for a vendor right now and most of my customers are Federal Government. I am a highly skilled Engineer and technical leader

I am unable to perform most of my duties because I am not eligible for Secret or Top Secret clearance.

All my clients need Secret and Top secret cleared persons to access their premises.

My company always send a low skilled engineer who is US citizen to perform the job. I am in a big risk for losing my job which is quite decent and well paid because

I am not generating enough revenue for the company due to the Secret or Top Secret clearances which are for US Citizens only.

The company has a reason to terminate or lay me off because they don't have civil projects for me.

Now the question is

Because of the 7 months delay in my Green card case.

Is it possible to file a lawsuit against the USCIS and get a court order for a filing date 7 months earlier than September which is March 2015?

Getting a U.S Citizenship now is critical to me for the following reasons

1-The ability to get Secret and Top Secret clearnces to perform the job duties. My wife (US Citizen) right now is suffering a Traumatic Brain Injury

which cost me thousands of dollars out of pocket medical expenses and cureently I am on Debt just from paying Co-Pays and medical bills even with Insurance

If I lost my job my wife the US Citizen wouldn't be treated.

2-I am a visa national which require visas for majority of the countries with the US passport I could travel without paying visa fees.

3-I will be missing the elections date If I filed on September 2015.

I have all evidences that I have attended 3 interviews and my case green card case was extremely delay for no obvious reason and not even for

any further FBI Checks or investigations.

I have all evidences that all my customers are Federal Government and they request my company to send US Citizens only on premesis because

my customers belong to high intelligence authorites.

I am not asking much but my case should be treated fairly with justice from the beginning.

I will be suffering extreme cruelty without being Citizen asap due to the USCIS carelessness in handling my green card case. I just need to be compensated for the 7 months that was wasted due to the USCIS officers

carelessnenss

I know that I can't file for N400 until 2 years and 9 months from the resident since date of the green card.

I need to get the exception to apply 7 months earlier than the normal filing date as a compensation for that delay of the green card processing.

Its unfair that most of the people get their green cards sameday and the USCIS officers messed and jacked up with me.

Please help Is there are any hopes that this could happen?

What do you think should be the procedure to follow to file that lawsuit?

What will be the consequence If I didn't win the lawsuit? Where to file the the lawsuit?

Please advise

Thank you all

[DC85 113]

I doubt you will reach any where. I can say that there was a mistake by transferring your case to CA since you didn't leave yet. I hope you learned your lesson that don't ever volunteer with extra information tp ucsis. Always answer their question without elaboration.

You can try by checking with immigration lawyers. You may have a valid point but consider if you gonna go the court route it will take some time. it's not like the second day you will have a hearing.

I know if uscis didn't make a decision withing 120 days of the N400 interview, there a statue in the law which allow you to sue them. But, your issue is completely different. You need to check with immigration lawyer. IF the lawyers told you that you have a valid case and you are willing to spend money and time, then I believe the lawyer will file in the US circuit court- 9th district.

[centrinouk 5]

I doubt you will reach any where. I can say that there was a mistake by transferring your case to CA since you didn't leave yet. I hope you learned your lesson that don't ever volunteer with extra information tp ucsis. Always answer their question without elaboration.

You can try by checking with immigration lawyers. You may have a valid point but consider if you gonna go the court route it will take some time. it's not like the second day you will have a hearing.

I know if uscis didn't make a decision withing 120 days of the N400 interview, there a statue in the law which allow you to sue them. But, your issue is completely different. You need to check with immigration lawyer. IF the lawyers told you that you have a valid case and you are willing to spend money and time, then I believe the lawyer will file in the US circuit court- 9th district.

Thank you very much for your reply. I agree with you not to voulnteer info but she asked me if I worked or not and I was working remotely from home.

I got the offer 2 weeks before the interview and I asked my company that I can't start work until I make my interview. They asked me to start working remotely from home.

I am a computer Engineer and I actually work out of my home office right now and when she asked me If I work or not then I said the truth thats it didn;t voulnteer.

I already scheduled for a free consultation with an immigration attorney but I still would love to hear all your inputs.

I know that my case is pretty unique and possibly no one ever did it before. If its a winner case then I will be the first one to do it and many others will follow my path.

I understand that it could take 6 months for a court date and thats why I am working on it right now.

Every day counts. I don't mind to pay some money for attorney helping me getting citizenship earlier if he said that there is a possibility.

I would gamble no matter what.

I am gambling my job right now without it. I'd rather gamble with couple of thousands of dollars rather than losing a 6 figures salary decent job

Thanks

[kzielu 1,149]

You stand zero chance of winning your lawsuit and using words like you'll be suffering "extreme cruelty" will make you look plain - sorry to be blunt - stupid.

There's lots of work for highly skilled engineers that does not require security clearance and your story that you can't perform your duties without being a citizen and without a clearance makes very little sense - you're in a wrong place obviously. Will your opportunities increase when you become USC and get clearance - sure (so will mine), but you have no guarantee you will be granted clearance and - as far as I know - will not be eligible to top secret one anyway. Depending which country you're from, you mat not get a secret one either.

If you loose your job, your wife should easily qualify for Medicaid....

Also check your story - there is lots of people that get their I-485 approved on a same day but there's lots of them that don't.

At the end - it's your money to waste you claim you don't have, just your story seems very very weak.

[milimelo 4,472]

No discrimination here and no, you can't file a lawsuit to make USCIS to backdate your green card so you can apply earlier for naturalization. You serious there?

Should've gone into Army if naturalization was the issue - they do expedited citizenship if you serve in danger zones.

Edited November 14, 2014 by milimelo

[JimmyHou 611]

Even if you were discriminated against and you even if you can prove it, USCIS cannot naturalize you early.

A court cannot order USCIS to break the law. Ou have to wait until you are eligible for citizenship. There are ways to get naturalized faster, but they involve joining the military or congressional action in soft of contributions to the country.

I'm sorry to say that if the job can't be held open for you, then you'll have to start looking for another job. A lawsuit would be a waste of money.

[Boiler 45,411]

First you need to appoint a lawyer.

From a practical perspective win or lose I would expect any legal action to take a lot longer than the delay you are concerned about.

Edited November 14, 2014 by Boiler

[lala1 21]

You should understand that it is you who wants something from them, not the other way around. In their eyes it is a privilege, not a right, for an "alien" to have permanent residency muchless US Citizenship. They don't owe you anything. On top of that, there is probably another USC that could do your job, so I really doubt you would even have a case.

Edited November 15, 2014 by lala1

[Titanium 6]

Your story really sucks and your passion to resolve is admirable. Keep standing... its the only way right now. The issue I believe you are up against is probably the the mass majority of American's could give a care about us folk. Probably the lowest priority within today's current system. If there is any focus at all it will be about the Immigration chaos (having mostly to deal with Mexican Illegals) Obama is about to barf. Would think putting your head down and plowing through it would be your best choice, but you should always seek professional legal advice, oh but by the way there are so many attorneys that will take your money that will tell you what you want to hear.

[AmyWrites 593]

You should also understand that even if you got your citizenship today, the fact that you are a naturalized citizen, and it seems not from an Anglo-speaking country, means you will have a very very hard time getting a security clearance, especially top secret, forget about top secret. My husband is also in IT and has had no problems finding well paying jobs, except in the DC area where most require clearances.

Edited November 15, 2014 by AmyWrites

[hmh33 117]

You don't have a case.

[NigeriaorBust 4,087]

There is no guarantee that you get approved on day 1 of the process for either your green card or your citizenship. You will not be able to apply for clearances until after your oath ceremony and your citizenship decision will probably be slow because of the mess you have at getting a green card. You seemed to have a hand in the green card delay by telling them you had a job in San Francisco. I agree on you not getting a top secret as quickly as you think as they will examine the strength of your contacts and ties to other countries and you probably still have family that aren't USC's.

[DC85 113]

Thank you very much for your reply. I agree with you not to voulnteer info but she asked me if I worked or not and I was working remotely from home.

I got the offer 2 weeks before the interview and I asked my company that I can't start work until I make my interview. They asked me to start working remotely from home.

I am a computer Engineer and I actually work out of my home office right now and when she asked me If I work or not then I said the truth thats it didn;t voulnteer.

I already scheduled for a free consultation with an immigration attorney but I still would love to hear all your inputs.

I know that my case is pretty unique and possibly no one ever did it before. If its a winner case then I will be the first one to do it and many others will follow my path.

I understand that it could take 6 months for a court date and thats why I am working on it right now.

Every day counts. I don't mind to pay some money for attorney helping me getting citizenship earlier if he said that there is a possibility.

I would gamble no matter what.

I am gambling my job right now without it. I'd rather gamble with couple of thousands of dollars rather than losing a 6 figures salary decent job

Thanks

the issue with most of uscis officers they are living in another planet, they don't know that working remote is exist.[ I am an engineer and I know what you are talking about]

Your argument should be that uscis did a mistake by transferring your case to CA. The stupid officer thought " Ooh since this guy works for a company in CA and he is moving there then let's just transfer the file to CA". From law perspective , the uscis office that had jurisdiction over your case at that time was HI, it's the place where your reside not where you work,

Again, it will be tough to proof. But, I would be interested to see what the lawyers tell you. My advice, try to find a good lawyer who has experience in court cases not just filing the paper work. These free consultations most of the time are useless, you may need to pay a couple of hundreds for a good consultation .

in order for this to work , you need a judge order to change the date of permanent residency back to the time you where in HI, which I think would be tough to win. But , to be honest I respect the people who fight for what they deserve and not just accepting uscis mistakes.

[centrinouk 5]

You stand zero chance of winning your lawsuit and using words like you'll be suffering "extreme cruelty" will make you look plain - sorry to be blunt - stupid.

There's lots of work for highly skilled engineers that does not require security clearance and your story that you can't perform your duties without being a citizen and without a clearance makes very little sense - you're in a wrong place obviously. Will your opportunities increase when you become USC and get clearance - sure (so will mine), but you have no guarantee you will be granted clearance and - as far as I know - will not be eligible to top secret one anyway. Depending which country you're from, you mat not get a secret one either.

If you loose your job, your wife should easily qualify for Medicaid....

Also check your story - there is lots of people that get their I-485 approved on a same day but there's lots of them that don't.

At the end - it's your money to waste you claim you don't have, just your story seems very very weak.

Thank you very much for your participation and assistance

The word Extreme cruelty will not make me stupid

I don't believe you are quite aware of all the other special immigrant cases

Have you ever heard of something called VAWA???? Violence against women act

People could file special immigration to stay here as they will suffer

extremel cruelty.

Just to let you know. I posted this question for a reason not

just to waste my time or your time. You are not in my situation to judge

easily the way you judge.

Yes there are a lot of work for Highly skilled engineer and as u said

the word highly skilled engineer you are talking about people who are

earning 150K+ not people who are flipping burgers at burger kings

with that being said the hiring process is pretty tough and it takes

between 3-6 months to get another job ok!!!!!!! its not an overnight

hiring process make interview today come tomorrow

My wife is already on Medicare because she has a physical disability

me and my wife were victim in an accident last year.

That medicare you are talking about is making no for her and all

the surgeries or visitation are always denied using that insurance.

My current employers health insurance is great and perfect and is accepted

nation wide. its one of the best health insurances in the USA.

My current employer's health insurance is the lifeline for my wife right now

My income and my employer's health insurance both of them are the lifeline for my wife.

Yes I will be suffering extreme cruelty if I got laid off. I am not

just gaining your sympathy or their sympathy.

My current job is flexible and I work out of my home office.

I am able to take care of my sick wife while I am working.

My current job funding the current horrible situation we are in.

My previous employer health insurance cost me tons of dollars because it was #######.

Finding a new job means I may have to relocate , I have no idea about how good

the new corporate insurance will be. Losing my job means I will suffer more debt

than what I currently have from Medical bills.

I am fighting this case for an obvious reason. Not to become a US Citizen and show off

with American passport.

Thank you for your reply and I respect what you are saying.

[centrinouk 5]

Even if you were discriminated against and you even if you can prove it, USCIS cannot naturalize you early.

A court cannot order USCIS to break the law. Ou have to wait until you are eligible for citizenship. There are ways to get naturalized faster, but they involve joining the military or congressional action in soft of contributions to the country.

I'm sorry to say that if the job can't be held open for you, then you'll have to start looking for another job. A lawsuit would be a waste of money.

I am not suing for discrimination but I am suing for the carelesness , lack of experience and mislead.

There is difference between breaking the law and making an exception due to their fault.

The law you are talking about was not followed from the beginning. Apply the laws when the green card case was handled in a professional manner. The case was sit in the drawer for several months without anything. USCIS were misleading me and were completely ignorant and illetrate.

I am not filing a case to break anylaw. I am asking for an exception due to their fault that they caused it with their hand.

I am not asking the exception for my handsome good looking.