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Legal action against USCIS - possible in this country?

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Filed: Timeline

I'm an early August filer

Called today to hear that they processing JUL 18 cases

The same answer I've been getting from them for more then 4 months, since December 2012

And they cannot open "service request" because its "within normal processing time"

Imagine the situation:

3 years from now,.. they still processing.. JUL 18, which is quite the possibility, considering number of Dream_Act/IllegalChildren applications they giving the priority in the comming months/years

would it be possible to start a legal action against them? When? After 1 year of waiting? 3 years? 5 years?

Any lawyers out there? Just curious

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Filed: K-1 Visa Country: Australia
Timeline

Not so sure, definitely something worth looking into...one things for certain though, im beginning to get extremely pi$$ed off with the same bull$hit "july 18th" ####### they keep feeding us. 4 months on july 18th applications? I think not... this is becoming a not so funny joke...

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Filed: IR-1/CR-1 Visa Country: Fiji
Timeline

I'm an early August filer

Called today to hear that they processing JUL 18 cases

The same answer I've been getting from them for more then 4 months, since December 2012

And they cannot open "service request" because its "within normal processing time"

Imagine the situation:

3 years from now,.. they still processing.. JUL 18, which is quite the possibility, considering number of Dream_Act/IllegalChildren applications they giving the priority in the comming months/years

would it be possible to start a legal action against them? When? After 1 year of waiting? 3 years? 5 years?

Any lawyers out there? Just curious

in reading the posts today, i do not remember where it was, but one vj's got the same response from uscis, and after insisting that petitions were getting approved that had a pd after hers (or his) that the IO started a service request.. check the threads.. call back until you get someone to do the service request.. just a suggestion


8/16/2012 I-129F NOA1
11/8/2012 Married
1/3/2013 I-129F cancelled
1/29/2013 withdrawal notice received
2/5/2013 I-130 NOA1 with error on wife's name
Case status not available
2/5/2013 Unable to generate service request

3/13/2013 transferred to local office
3/26/2013 Service request generated
4/12/2013 Infopass, file in workflow March 28
4/19/2013 Case status available - APPROVED!

Detour to the NVC via NRC

For information on my detour and the steps I took to free my petition, check
"about me"

NVC

6/7/2013 NVC logs file as received

6/11/2013 Case number and IIN assigned

6/12/2013 DS-3032 emailed

6/13/21013 AOS paid

6/14/2013 DS-3032 emailed attention superuser (stupid me)

6/23/2013 DS-3032 emailed attention supervisor

6/24/2013 DS-3032 accepted

6/25/2013 IV bill generated and paid

07/06/2013 IV & AOS sent; 07/11/2013 NVC logs received

07/30/2013 IV Accepted; AOS Checklist

08/01/2013 AOS Checklist received

08/02/2013 AOS resent; 08/07/2013 NVC logs received

08/28/2013 Case Complete

09/10/2013 Interview date assigned

Embassy

08/14/2013 Medical; 08/19/2013 Medical Ready

08/07/2013 Police cert ordered (Fiji delivers straight to the embassy)

10/02/2013 Interview

xx/xx/2013 Visa in Hand

xx/xx/2013 POE Los Angeles International Airport

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

I'm an early August filer

Called today to hear that they processing JUL 18 cases

The same answer I've been getting from them for more then 4 months, since December 2012

And they cannot open "service request" because its "within normal processing time"

Imagine the situation:

3 years from now,.. they still processing.. JUL 18, which is quite the possibility, considering number of Dream_Act/IllegalChildren applications they giving the priority in the comming months/years

would it be possible to start a legal action against them? When? After 1 year of waiting? 3 years? 5 years?

Any lawyers out there? Just curious

There is some options for you before file a legal lawsuit...

http://www.dhs.gov/cis-ombudsman-update-getting-most-out-your-call-uscis-national-customer-service-center

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Filed: AOS (apr) Country: Kenya
Timeline

I'm an early August filer

Called today to hear that they processing JUL 18 cases

The same answer I've been getting from them for more then 4 months, since December 2012

And they cannot open "service request" because its "within normal processing time"

Imagine the situation:

3 years from now,.. they still processing.. JUL 18, which is quite the possibility, considering number of Dream_Act/IllegalChildren applications they giving the priority in the comming months/years

would it be possible to start a legal action against them? When? After 1 year of waiting? 3 years? 5 years?

Any lawyers out there? Just curious

They are working on these other applications under direct order from our Grand Pooba.......legal action is not allowed

by his decree.......why would you even think to deny these illegals from getting a chance to legally live here?

You're thinking that we who follow the process legally should have some preference? HA!

Edited by baron555

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: K-1 Visa Country: Honduras
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i dont know if any of you have tried this, but you can enter any case number to see the status of those in front or behind....also am not sure if the numbers are really assigned in order, but it does occupy some time and is interesting..also read from the post today 'infopass' the employee (our employee) who did the meeting inferred if he had other case numbers to compare against the persons requesting the infopass meeting, they might be able to check why some wait forever while other are not...

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Can always go down the Ombudsman route -

http://www.dhs.gov/ombudsman-case-assistance#2

AOS posted - 02/18/2014

NOA1 - 03/04/2014
Biometrics - 03/28/2014
EAD in post - 5/5/2014

EAD in hand - 5/10/2014
Interview waiver letter received - 6/9/2014

Card production notice - 1/10/2015

ROC mailed - 10/11/2016

ROC received at CSC - 10/18/2016

Interview Notice Received - 3/30/2017

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What would you be suing for? If you're suing for adjudication of your petition, I believe the correct route is to file a writ of mandamus. I don't know what else you could pursue in the courts.

larissa-lima-says-who-is-against-the-que

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Filed: IR-1/CR-1 Visa Country: Fiji
Timeline

I'm an early August filer

Called today to hear that they processing JUL 18 cases

The same answer I've been getting from them for more then 4 months, since December 2012

And they cannot open "service request" because its "within normal processing time"

Imagine the situation:

3 years from now,.. they still processing.. JUL 18, which is quite the possibility, considering number of Dream_Act/IllegalChildren applications they giving the priority in the comming months/years

would it be possible to start a legal action against them? When? After 1 year of waiting? 3 years? 5 years?

Any lawyers out there? Just curious

when the term five month "goal" is used, i don't think you have a leg to stand on, it is not a guarentee


8/16/2012 I-129F NOA1
11/8/2012 Married
1/3/2013 I-129F cancelled
1/29/2013 withdrawal notice received
2/5/2013 I-130 NOA1 with error on wife's name
Case status not available
2/5/2013 Unable to generate service request

3/13/2013 transferred to local office
3/26/2013 Service request generated
4/12/2013 Infopass, file in workflow March 28
4/19/2013 Case status available - APPROVED!

Detour to the NVC via NRC

For information on my detour and the steps I took to free my petition, check
"about me"

NVC

6/7/2013 NVC logs file as received

6/11/2013 Case number and IIN assigned

6/12/2013 DS-3032 emailed

6/13/21013 AOS paid

6/14/2013 DS-3032 emailed attention superuser (stupid me)

6/23/2013 DS-3032 emailed attention supervisor

6/24/2013 DS-3032 accepted

6/25/2013 IV bill generated and paid

07/06/2013 IV & AOS sent; 07/11/2013 NVC logs received

07/30/2013 IV Accepted; AOS Checklist

08/01/2013 AOS Checklist received

08/02/2013 AOS resent; 08/07/2013 NVC logs received

08/28/2013 Case Complete

09/10/2013 Interview date assigned

Embassy

08/14/2013 Medical; 08/19/2013 Medical Ready

08/07/2013 Police cert ordered (Fiji delivers straight to the embassy)

10/02/2013 Interview

xx/xx/2013 Visa in Hand

xx/xx/2013 POE Los Angeles International Airport

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when the term five month "goal" is used, i don't think you have a leg to stand on, it is not a guarentee

yes.gif

When you file the I-129F, you're not entering into a contract that they'll adjudicate the petition by a certain date.

larissa-lima-says-who-is-against-the-que

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Filed: Country: Philippines
Timeline

Aside from legal action, I'm wondering how to contact the director of the USCIS, or someone in the chain in command in charge of the CSC. That person has got to be put under pressure. That repeated non sense of "July 18" is offensive and insulting. Someone has got to be held accountable. It seems that Congress has little power based on many petitioners (including myself) who have contacted Senators and Congressman. DHS (Dept of homeland Security) is part of the executive branch, meaning someone at the White House can do something. From reading these threads on this forum, it's clear to me that law abiding, tax paying Americans are being grossly mistreated and disrespected. Additionally perhaps media attention would get something done. Once the general public becomes aware of the cruel joke also known as the USCIS, maybe the lying bastards there would be compelled to clean up this mess. 60 Minutes anyone??

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Filed: Country: Philippines
Timeline

I'm an early August filer

Called today to hear that they processing JUL 18 cases

The same answer I've been getting from them for more then 4 months, since December 2012

And they cannot open "service request" because its "within normal processing time"

Imagine the situation:

3 years from now,.. they still processing.. JUL 18, which is quite the possibility, considering number of Dream_Act/IllegalChildren applications they giving the priority in the comming months/years

would it be possible to start a legal action against them? When? After 1 year of waiting? 3 years? 5 years?

Any lawyers out there? Just curious

Thank you for sharing that. Saves us the time in calling in hearing the exact same thing. Ridiculous!

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Filed: IR-1/CR-1 Visa Country: Fiji
Timeline

Aside from legal action, I'm wondering how to contact the director of the USCIS, or someone in the chain in command in charge of the CSC. That person has got to be put under pressure. That repeated non sense of "July 18" is offensive and insulting. Someone has got to be held accountable. It seems that Congress has little power based on many petitioners (including myself) who have contacted Senators and Congressman. DHS (Dept of homeland Security) is part of the executive branch, meaning someone at the White House can do something. From reading these threads on this forum, it's clear to me that law abiding, tax paying Americans are being grossly mistreated and disrespected. Additionally perhaps media attention would get something done. Once the general public becomes aware of the cruel joke also known as the USCIS, maybe the lying bastards there would be compelled to clean up this mess. 60 Minutes anyone??

if you try to find the recent thread where a vj'r was rallying the troops, she had his email address

it was the last week of march


8/16/2012 I-129F NOA1
11/8/2012 Married
1/3/2013 I-129F cancelled
1/29/2013 withdrawal notice received
2/5/2013 I-130 NOA1 with error on wife's name
Case status not available
2/5/2013 Unable to generate service request

3/13/2013 transferred to local office
3/26/2013 Service request generated
4/12/2013 Infopass, file in workflow March 28
4/19/2013 Case status available - APPROVED!

Detour to the NVC via NRC

For information on my detour and the steps I took to free my petition, check
"about me"

NVC

6/7/2013 NVC logs file as received

6/11/2013 Case number and IIN assigned

6/12/2013 DS-3032 emailed

6/13/21013 AOS paid

6/14/2013 DS-3032 emailed attention superuser (stupid me)

6/23/2013 DS-3032 emailed attention supervisor

6/24/2013 DS-3032 accepted

6/25/2013 IV bill generated and paid

07/06/2013 IV & AOS sent; 07/11/2013 NVC logs received

07/30/2013 IV Accepted; AOS Checklist

08/01/2013 AOS Checklist received

08/02/2013 AOS resent; 08/07/2013 NVC logs received

08/28/2013 Case Complete

09/10/2013 Interview date assigned

Embassy

08/14/2013 Medical; 08/19/2013 Medical Ready

08/07/2013 Police cert ordered (Fiji delivers straight to the embassy)

10/02/2013 Interview

xx/xx/2013 Visa in Hand

xx/xx/2013 POE Los Angeles International Airport

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The writ of mandamus is the correct answer. A writ of Mandamus is a legal request to make the government do something it should do. You are talking about thousands of dollars and who knows how long in court- major time. Not a practical remedy.

Probably the better approach is if everyone contacted their political representatives.

Or, if someone figured out the Org Chart and we all started blitzing the CSC's bosses' boss with complaint letters.

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Filed: K-1 Visa Country: Philippines
Timeline

The writ of mandamus is the correct answer. A writ of Mandamus is a legal request to make the government do something it should do. You are talking about thousands of dollars and who knows how long in court- major time. Not a practical remedy.

Probably the better approach is if everyone contacted their political representatives.

Or, if someone figured out the Org Chart and we all started blitzing the CSC's bosses' boss with complaint letters.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=476fcf021c599110VgnVCM1000004718190aRCRD&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1RCRD

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=c0fbab0a43b5d010VgnVCM10000048f3d6a1RCRD&vgnextoid=c0fbab0a43b5d010VgnVCM10000048f3d6a1RCRD

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