Who else has been waiting over a year????

[KarenCee 3]

No one is trying to dissuade this person from filing whatever lawsuit he or she feels fit to file. It takes a lot of time and energy, not to mention financial resources to take on such a task. Class action lawsuits take an awful long time to be settled. What we are trying to get this person to see is that he or she is NOT the only one in this boat.

Taking action is all well and good...but be prepared to see it all the way to the end. I'm thinking that once the ROC is finished, the "lawsuit" will be pretty much forgotten.

[iansig40 1]

I like your spirit and admire your courage. And quite frankly, rather than wait hopelessly and endlessly, I think a lawsuit is definitely not out of order. All the service center arms of the USCIS (except of course, CSC) clearly do not realize that lives and futures are tied to their actions (or inactions).

Unfortunately, many agencies of government (USCIS and FEMA being prime examples) are buried neck-deep in so much paperwork, bureaucracy and inefficiency. I'm convinced that agencies such as these are damaged beyond repair and it'll take drastic actions like punishing politicians at the polls or court actions to bring about the changes necessary to turn things around.

Don't let anyone intimidate you or discourage you if you feel aggrieved enough to sue. Many individuals and groups have sued this agency successfully. In fact, they will be settling yet another lawsuit later this month (check it out on their homepage). And if the USCIS gets slapped with a class-action, guess who's going be the first to jump in and sign on?

I have travelled using my GC extension letter and didn't have a lick of trouble. In fact, the officer was visibly pleased that I was organized, familiar with the process and had all my paperwork in order. Guess I was lucky that day or something.

Being Canadian does not exempt us from scrutiny, nor does it mean that we get treated better or differently, even though we have a long history of good relations with the US. So I expect to get questioning when I go through the POE, and am pleasantly surprised when I don't.

My job in all this mess is to make sure I am educated about this process, and to take action when it is needed and warranted. I personally don't think a lawsuit will get the results I am looking for. I am looking into lobby groups dedicated to make change in this crazy process we are all in, because I think that is where my energy should be spent. Iansig, you feel that a lawsuit is in order, and that's up to you, it's your choice! Again, good luck and best wishes to you in that.

And was I cross and frustrated when I saw a group of us stuck at Texas while people transferred to California got their cards in quicktime? Heck yes I was. Am I frustrated on others' behalf (like our fellow VJe'rs in Nebraska) ?? Heck yes. But I'm not going to develop an ulcer over it! I refuse to let them have that kind of control over me!

Yes ,you're right in what you 're saying and I do agree 100% with you !

However I feel that if nobody takes any action to correct the problem then...we 're set for a long ,long wait .At least we shall force them somehow to provide some sort of explanation for all this delay and why some are processed so fast while other are just left to despair and wonder what's happening .

Yes ,being Canadian doesn't give you the right to be approved right away but still....how much threat we bring to this country versus people from Middle East ? After so much investigation they did since I started this nightmare in 2003 I would expect them to know by now who I am and NOT have everything started all over again .Do you agree with me ?

Only a lawsuit will get them back to reality and I will see what my lawyer has to say tomorrow and the answear I will get from my Congressman also .I will keep everyone informed here on VJ

[coloradogirl 0]

Well, we've been waiting since January 4, 2007. And although my husband is not from the middle east, I honestly don't think it's because he's from Morocco either that is the problem. He's already had all the extra 'administrative processing' bs that was required back in 2003/2004. In any case, that was an unkind remark from iansig regarding terrorism and the middle east. We are frustrated like everyone else on here. And like Scapel, if there's a class action lawsuit, count me in!

cg

I-751 timeline:

Dec. 27, 2006 mailed I-751 packet

Jan. 4, 2007 date on NOA

Jan. 30, 2007 Biometrics

Feb. 1, 2007 last time our file was touched....

[iansig40 1]

Well, we've been waiting since January 4, 2007. And although my husband is not from the middle east, I honestly don't think it's because he's from Morocco either that is the problem. He's already had all the extra 'administrative processing' bs that was required back in 2003/2004. In any case, that was an unkind remark from iansig regarding terrorism and the middle east. We are frustrated like everyone else on here. And like Scapel, if there's a class action lawsuit, count me in!

cg

I-751 timeline:

Dec. 27, 2006 mailed I-751 packet

Jan. 4, 2007 date on NOA

Jan. 30, 2007 Biometrics

Feb. 1, 2007 last time our file was touched....

I didn't want to offend anyone here with my remarks and I do apologize for that but ,I'm just basically trying to figure out why in the hell is taking so long getting this application processed based on the fact that our criminal records have been checked long time ago when we started this miserable journey from hell with USCIS ?

Yes a lawsuit sounds more and more like the only option to settled down this matter and I will be taking names if anyone wants to participate

Edited February 18, 2008 by iansig40

[James 2]

No one is going to be able to answer this for you. At least no one here on VJ. No one wants the agony of waiting this long for your 10 yr GC to keep going on and on. That's why I suggested making an infopass appointment. That's all you CAN do. Another extension is the only thing you can do. I'm sorry it won't give you any satisfaction.

When my husband was going through the initial AOS process we watched COUNTLESS people get approved in weeks, one couple in a matter of 31 days, while we waited 10 months. There is no way to figure out how the system works and you will make yourself crazy trying to do so. Just do what you know you need to do to stay current. That's all you can do.

I'm contemplating more and more about starting a laws suit against them .I have contacted a lawyer already but I will need a few more people that I can add their names so we can prove we have a good case here and make them pay for this lousy job they do getting paid top $$$$$$$$$

Under no circumstances I’m willing to pay them even more submitting another application (N-400) dreaming that my case will be processed faster .That seems to be a pattern for a lot of people here on VJ unfortunately .Doing so will generate even more $$$$$ for them while the resolution of our cases will stay the same or get even worst .Something must be done

Anybody there that may wants to join ?

The problem is that a suit seeking injunctive relief and/or mandamus might take a good year or so before you finally win (which you would because, as I recall, there is case law to the effect that USCIS must adjudicate an I-751 petition within a "reasonable time," that reasonableness being gauged in the context of the 90-day period the statute gives USCIS to either adjudicate the petition or call the petitioner in for an interview).

Your petition will likely be approved before the case is ever teed up for summary judgment. Lawsuits are for the small handful of people at the top of the list who filed in 2006 . . . .

[Scalpel 14]

The problem is that a suit seeking injunctive relief and/or mandamus might take a good year or so before you finally win (which you would because, as I recall, there is case law to the effect that USCIS must adjudicate an I-751 petition within a "reasonable time," that reasonableness being gauged in the context of the 90-day period the statute gives USCIS to either adjudicate the petition or call the petitioner in for an interview).

Your petition will likely be approved before the case is ever teed up for summary judgment. Lawsuits are for the small handful of people at the top of the list who filed in 2006 . . . .

Well stated but a couple of points....

First of all, definitely NOT every lawsuit takes a long time. Many people make this erroneous assumption. The speed of a case for the most part depends on the type of case, the court where the case is filed, the opinion of the presiding judge and the lawyers' arguments for a speedy judgment among other things.

Secondly, while it's true that the petition might likely be approved before the lawsuit sees the light of day in court but that is NOT a guarantee. Who can tell that this aggrieved person's petition won't go the way of those who "filed in 2006." Let's keep in mind that there was once a time it was taking TSC about 23 months to adjudicate I-485 petitions and noone knows whether the agency is slowly drifting back into those dark days.

[James 2]

The problem is that a suit seeking injunctive relief and/or mandamus might take a good year or so before you finally win (which you would because, as I recall, there is case law to the effect that USCIS must adjudicate an I-751 petition within a "reasonable time," that reasonableness being gauged in the context of the 90-day period the statute gives USCIS to either adjudicate the petition or call the petitioner in for an interview).

Your petition will likely be approved before the case is ever teed up for summary judgment. Lawsuits are for the small handful of people at the top of the list who filed in 2006 . . . .

Well stated but a couple of points....

First of all, definitely NOT every lawsuit takes a long time. Many people make this erroneous assumption. The speed of a case for the most part depends on the type of case, the court where the case is filed, the opinion of the presiding judge and the lawyers' arguments for a speedy judgment among other things.

Secondly, while it's true that the petition might likely be approved before the lawsuit sees the light of day in court but that is NOT a guarantee. Who can tell that this aggrieved person's petition won't go the way of those who "filed in 2006." Let's keep in mind that there was once a time it was taking TSC about 23 months to adjudicate I-485 petitions and noone knows whether the agency is slowly drifting back into those dark days.

It's not an erroneous assumption. Unless you are proceeding on an emergency basis, you will be doing well to get a final order from the district judge under a year's time. The type of case will always be the same -- a mandamus petition and/or perhaps injunctive relief. Case loads may vary from district court to district court, but I can't think of any federal district court that has such a light load that you will be able to get a ruling on a summary judgment motion out of the court in less than six months from the time of filing the complaint. There is no right to a "speedy judgment." This type of case doesn't proceed on any kind of emergency basis.

Also, and to correct the impression that any time beyond 90 days is unreasonable, your I-751 would likely have to be pending for more than a year for you to get any relief. That's when you have to start getting I-551 stamps in your passport. You might be interested in reading the magistrate judge's findings and recommendation in the recent I-751 mandamus case attached below. (The district judge adopted the magistrate judge's findings and recommendation about a year ago.) Note the discussion on how the I-551 stamp process prejudiced the plaintiff.

Lazli___Magistrate_Findings_and_Recommendations.pdf

[Minfay 0]

Just an idea.... What about a good old fashioned "media slam?"

Write and write and write.....to newspapers and tv staions (not to mention, it is an election year -- letters to congressmen and representatives)

Call in and call in and call in.......to ralk-radio.

Produce a 'form letter' that people from all over the country can take and make their own and 'mass mail."

I know what it is like to have that nervous "waiting" energy. I am sure we are going to be in that boat again verrrrry soon.....I would be all for something like this

[iansig40 1]

Just an idea.... What about a good old fashioned "media slam?"

Write and write and write.....to newspapers and tv staions (not to mention, it is an election year -- letters to congressmen and representatives)

Call in and call in and call in.......to ralk-radio.

Produce a 'form letter' that people from all over the country can take and make their own and 'mass mail."

I know what it is like to have that nervous "waiting" energy. I am sure we are going to be in that boat again verrrrry soon.....I would be all for something like this

You are just reading my mind ,I thought about that too !

Somehow this needs to be made public just to reflect the pain and aggravation we go through as decent immigrants obeying the law versus those that just jumped over the fence last night seeking a legal status in this country also .The second kind of immigrants will likely be approved much faster then us and ...FOR FREE

I have sent a few e-mails already to CNN (Lou Dobbs),we'll see if we get any attention

[Hawco 0]

I cannot belive that people have been waiting over a year for this, Is it mostly folks from outside the CSC from other service centers?

I thought my case dragging after all it's been 4 months sitting at the CSC.

[James 2]

I cannot belive that people have been waiting over a year for this, Is it mostly folks from outside the CSC from other service centers?

I thought my case dragging after all it's been 4 months sitting at the CSC.

It's TSC and NSC that are the culprits. NSC is probably the worst, with a fair number of people that have been waiting over a year. TSC just transfered to VSC all of the petitions it was still sitting on, which ranged in age from eight months to a year. (About seven months ago, it started transferring out petitions immediately upon receipt; the only ones it still has are a few from about a year ago for which they had sent out RFEs.)

[Hawco 0]

Just read your 751 timeline James, feel for you there my friend, no disrespect, but I hope my CSC case doesn't end up like yours, there's just no excuse for that sort of wait.

[Ruairi 0]

Yep, I'm still waiting receipt date of Jan 25th 07, biometrics on Feb 23rd 07 and not a peep from them since. Must be still in locker room B. I would love a breakdown on where all the application fees goes to because it sure isn't on getting more workers.

[tammiandtom 0]

We are a few days from a year.

We had some issues at the Canadian border last year. The guy had never seen the extension letter before. We plan on going to Canada again in May. His 10 year green card would have been nice. We might need to get the stamp in the passport though.

Time to apply for citizenship I'm thinking. This is just RIDICULOUS.

[smartie 0]

Just an idea.... What about a good old fashioned "media slam?"

Write and write and write.....to newspapers and tv staions (not to mention, it is an election year -- letters to congressmen and representatives)

Call in and call in and call in.......to ralk-radio.

Produce a 'form letter' that people from all over the country can take and make their own and 'mass mail."

I know what it is like to have that nervous "waiting" energy. I am sure we are going to be in that boat again verrrrry soon.....I would be all for something like this

You are just reading my mind ,I thought about that too !

Somehow this needs to be made public just to reflect the pain and aggravation we go through as decent immigrants obeying the law versus those that just jumped over the fence last night seeking a legal status in this country also .The second kind of immigrants will likely be approved much faster then us and ...FOR FREE

I have sent a few e-mails already to CNN (Lou Dobbs),we'll see if we get any attention

I was thinking about this today.