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  • FBI name check delays/litigation

    I have information regarding the appropiate procedures to follow in order to succesfully litigate claims as against the USCIS for unreasonable delays encounted by citizenship applicants. Any delay beyond 120 days is actionable and the pursuit of this litigation will likely lead to the processing of pending FBI name checks. For more information, email me at jparkeresq@yahoo.com

  • #2
    I have information regarding the appropiate procedures to follow in order to succesfully litigate claims as against the USCIS for unreasonable delays encounted by citizenship applicants. Any delay beyond 120 days is actionable and the pursuit of this litigation will likely lead to the processing of pending FBI name checks. For more information, email me at jparkeresq@yahoo.com

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    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I have information regarding the appropiate procedures to follow in order to succesfully litigate claims as against the USCIS for unreasonable delays encounted by citizenship applicants. Any delay beyond 120 days is actionable and the pursuit of this litigation will likely lead to the processing of pending FBI name checks. For more information, email me at jparkeresq@yahoo.com </div></BLOCKQUOTE>

      With all due respect, 120 days is only for N-400 cases AFTER the interview date.
      As to AOS, the case law differs from Circuit to Circuit Federal Courts . Some have ruled that AOS is dicretionary benefit and nowhere in INA it demands the USCIS to process the application within certain timeframe.

      Common sense would dictate to wait as long as necessary (no matter what those excited posters reccomend), unless there were some very compelling, urgent reasons to litigate.

      This kind of litigation is always a gamble, and could possibly result in denial of otherwise perfectly approvable case if Court orders USCIS to process the application under Mandamus and FBI isn't finished with BG/C.

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      • #4
        I am under that name check for one year now
        and I need to file writ of mandamus, but I do not know how, noting that my case is k3 visa and I am outside usa

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        • #5
          how can you file a mandamus when you are not in the US

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          • #6
            writ of mandamus re: name check are not longer expedited per USCIS

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            • #7
              I will file it through a lawyer, they overpassed the anticipated time for k3 visa, claiming the name check stuff, I sent them police clearnce, I never broke any law, I do not smoke I do not drink, I did not break any traffic ticket, it is not understandable if they take all that long in an easy case like this what do they do with other cases when the person has some issues?

              my life is ruined due that long time they consumed for no reason.

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              • #8
                Hi Said, what have you done proactively to move your case forward? And your wife - is she trying to help? I've read your scenario for months now and can't help but think that you both need to be doing more about your situation. Take the bull by the horns!

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