Suing USCIS due to extremely long ROC wait time [merged threads]

[Mike E 11,741]

5 minutes ago, TastyCake said:

5... flipping... thousand... dollars???  They should call it a Writ of Sodomus.

A good litigator  starts at $500 / hour.  Easily 10 hours of work in OP’s case considering the lengthy history.  Based on what OP has posted it looks open / shut to me: USCIS is claiming that being married 3 months after meeting the first time is a red flag.  
 

But that should have been addressed at I-130 time.  So that seems like an APA violation.  The only matter USCIS can look at is whether the bonafide  marriage continued after I-130 was filed.  

 

[xxD 7]

Thank you for everyone, thank you so much.

My congressman office emailed me about my case, asked receipts of applications.

 

My wife 3 years younger than me. This is our first marriage. I successfully completed N400 and the officer told me as soon as the I-751 approved, you will have Oath Ceremony. I think if there is a problem they could not accept the N400 even if it was conditional.

[Rocio0010 5,579]

8 hours ago, babayega said:

I think if there is a problem they could not accept the N400 even if it was conditional.

Not really. Did you read my comment about officers giving false hope? 
Also, we could definitely help you better if you answered all my questions…. Country of origin is key, as are previous visa applications

[Villanelle 4,122]

Do you have an extra 5k laying around to pay the attorney who seems incredibly eager to take it? I mean thats what stands out the most to me. They were pretty focused in saying this is the only way and it's not. 

 

I think the congressman is a good option. I would atleast wait to see what happens with that before writing a check for the attorney. And yes, the ombudsman page might say not taking cases if only issue is outside of processing time but I would submit a request for help from them as well.

 

Technically you can argue it's not simply outside of processing time for the form in general (30 something months) but it is also past the response time after interview. Failure to make a decision after interview.  Especially if you have not been contacted for a follow-up interview and no home visits occurred or any correspondence from them. 

 

I would also file the FOIA because if it's a delay related to background check issues sometimes filing the FOIA will cause someone (different) to have to obtain your records which can help get it unstuck.

 

But I think the congressman can help. Just try to put the focus on lack of decision after interview rather then excessive processing time. 

[xxD 7]

14 hours ago, Rocio0010 said:

Not really. Did you read my comment about officers giving false hope? 
Also, we could definitely help you better if you answered all my questions…. Country of origin is key, as are previous visa applications

Yes, you are right. They have to be nice. I am from Cyprus originally, I couldn't see my country so I put England regularly. I don't have any previous visa application too.

[xxD 7]

12 hours ago, Villanelle said:

Do you have an extra 5k laying around to pay the attorney who seems incredibly eager to take it? I mean thats what stands out the most to me. They were pretty focused in saying this is the only way and it's not. 

 

I think the congressman is a good option. I would atleast wait to see what happens with that before writing a check for the attorney. And yes, the ombudsman page might say not taking cases if only issue is outside of processing time but I would submit a request for help from them as well.

 

Technically you can argue it's not simply outside of processing time for the form in general (30 something months) but it is also past the response time after interview. Failure to make a decision after interview.  Especially if you have not been contacted for a follow-up interview and no home visits occurred or any correspondence from them. 

 

I would also file the FOIA because if it's a delay related to background check issues sometimes filing the FOIA will cause someone (different) to have to obtain your records which can help get it unstuck.

 

But I think the congressman can help. Just try to put the focus on lack of decision after interview rather then excessive processing time. 

Thank you very very much. I totally appreciated your time and for your comment. I think I will wait at least 1-2 months to see what would be happen. I will see how congressman can help me.

I have a home visit by USCIS. I was gathering some docs to apply for citizenship. I shared this with an attorney and also asked her how to change address, I had a plan to move closer to my job. ( 15 miles away) . The attorney said we can apply both (N400 and address change) at the same time, a month later than from now. I said Okay. I moved, and only 1.5 month later USCIS visited my prior house, not the new one that I moved. My old manager called me and said, 2 person came here and asked about you and your wife. Showed me your and your wife picture if I know. She said "yes". This was the only answer the manager gave them. The manager asked them if they can show any permit, or any court order, she could give more details. 
After that time, about 2 years, I am living at the same address. But no one visited. Do I need to talk with my new manager if someone visit my home and ask about me, just give them whatever they want?

[Rocio0010 5,579]

7 hours ago, babayega said:

Thank you very very much. I totally appreciated your time and for your comment. I think I will wait at least 1-2 months to see what would be happen. I will see how congressman can help me.

I have a home visit by USCIS. I was gathering some docs to apply for citizenship. I shared this with an attorney and also asked her how to change address, I had a plan to move closer to my job. ( 15 miles away) . The attorney said we can apply both (N400 and address change) at the same time, a month later than from now. I said Okay. I moved, and only 1.5 month later USCIS visited my prior house, not the new one that I moved. My old manager called me and said, 2 person came here and asked about you and your wife. Showed me your and your wife picture if I know. She said "yes". This was the only answer the manager gave them. The manager asked them if they can show any permit, or any court order, she could give more details. 
After that time, about 2 years, I am living at the same address. But no one visited. Do I need to talk with my new manager if someone visit my home and ask about me, just give them whatever they want?

Have you checked with USCIS if they updated your address?

[xxD 7]

13 hours ago, Rocio0010 said:

Have you checked with USCIS if they updated your address?

Yes, they updated at the same time. I have been 2 interviews after that time, I have never gotten any question about the address. Since I was new at my new address (1.5 months) they went to the my old address where I lived 2 years.

[xxD 7]

I think I need to explain something more and I need your help, please.

 

I found myself alone with a girl who had a crush on me. When I rejected her advances explaining I was married I rushed out leaving his laptop behind. I quickly returned and found police there. I was arrested for DV. Jailed for 3 days and released due to it being a holiday. Never received any notice of hearing or anything from a court. Dismissed at the same time, never seen any judge. Open the door, go to the home. Obtained the police report where the girl said they were dating and other lies.

 

 

[Mike E 11,741]

9 hours ago, babayega said:

I think I need to explain something more and I need your help, please.

Yeah that certainly alters the situation.  

Quote

 

I found myself alone with a girl who had a crush on me. When I rejected her advances explaining I was married I rushed out leaving his laptop behind. I quickly returned and found police there. I was arrested for DV. Jailed for 3 days and released due to it being a holiday. Never received any notice of hearing or anything from a court. Dismissed at the same time, never seen any judge. Open the door, go to the home. Obtained the police report where the girl said they were dating and other lies.

 

 

Whether it is a factor in your I-751 / N-400 depends on when this incident occurred relative to the other events in your immigration timeline. 
 

Was the girl under age 18?

Edited August 16, 2022 by Mike E

[Mike E 11,741]

On 8/9/2022 at 6:15 PM, Villanelle said:

Do you have any idea why? Still married? Difficult interview? Fraud suspicion? Background checks? Etc

 

 

On 8/10/2022 at 9:17 AM, Marieke H said:

It sounds like there is something in your background that needs further review. We don't know what that is; you may have an idea but you don't have to share that. Filing a writ of mandamus (I think that may be what you are referring to) will force USCIS to make a decision. If they have not completed their review/background checks when they are forced to make a decision, the only decision they can make is to deny you. I would be careful and try to be patient.

 

On 8/10/2022 at 5:43 AM, Bob in Boston said:

How did you meet your wife and get to the states in the first place?

So @babayega, you were asked three critical questions that I didn’t see you answer. I’ve also asked you when in your timeline this incident occurred relative to the events in your immigration timeline.  
 

Depending on what actually happened, a WoM could  force USCIS to deny your case, as @Marieke H notes.  
 

 

Edited August 16, 2022 by Mike E

[xxD 7]

20 minutes ago, Mike E said:

 

 

So @babayega, you were asked three critical questions that I didn’t see you answer. I’ve also asked you when in your timeline this incident occurred relative to the events in your immigration timeline.  
 

Depending on what actually happened, a WoM could  force USCIS to deny your case, as @Marieke H notes.  
 

 

We just met up a in a company organization in the US. 
The incident happened in 2017, after 6 months later than receiving first green card. 

[Mike E 11,741]

1 hour ago, babayega said:

We just met up a in a company organization in the US. 
The incident happened in 2017, after 6 months later than receiving first green card. 

Bluntly your wording is awkward.  
 

Did you get your green card via an immigration visa or via I-485? 
 

This question matters because there is another question to ask but that question depends on answer to the first question.  

 

 

[xxD 7]

1 hour ago, Mike E said:

Bluntly your wording is awkward.  
 

Did you get your green card via an immigration visa or via I-485? 
 

This question matters because there is another question to ask but that question depends on answer to the first question.  

 

 

I am sorry. I don’t exactly know about docs numbers. I married with my wife and I got my first green card via marriage and this issue happened right 6 months later than thy day in 2017 Dec 

[Marieke H 2,519]

Was this a girl (underaged) or a woman (adult)?

Did you disclose this arrest in the I-751?

 

I would forget about suing/filing a WoM. If this is the issue they are looking into, you have to give them all the time they need to do that. Forcing them to make a decision will likely not have a good result.

 

It would have been helpful if you had mentioned this in your initial post; it is crucial information, and you can't get helpful advise without people here knowing that there is an issue.