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

[centrinouk 5]

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.

Immigration nowadays is getting better. Just to let you know there are new laws which no one of you have any idea about which was recently introduced and was never even posted on USCIS.

Recently , You could ask for expedite of your EAD and Green Card process if you have a job offer pending on your hand.

If you call USCIS while filing I485 and I130. Ask them to expedite the process they will ask you if you have job offer contingent on the EAD.

You could get your green card expedited even way earlier than 3 months if you opened a TIER 2 Case and emailed them a job offer.

Also , With that being said extreme cruelty situation are always considered. In my case not having the citizenship on the proposed time that I was fair to me and losing my job is an extremelcruelty.

I do have a proof of all what I have said. That my wife is sick . Most of my customers are Federal Government which requests US Citizens only to access their premises and their network.

I am trying to take a chance of any exception or new immigration reform laws that could help me in my situation. I am not asking a mercy or sympathy from anyone.

95% of the cases were approved same day. They messed up with me for no reason at all it was just due to lack of their experience and carelessness which now resulted me to ask you for your help.

If they did their job professionally. I would never post my questions right now or even bother you guys

[Asia 2,491]

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.

With all due respect.

Just to clear things up...

VAWA is for people who are suffering cruelty from their spouses.

That's their way to stay in the US, continue being LPR and become the USC eventually.

Not for people who will suffer extreme cruelty if they can't become USC when they think they should.

[centrinouk 5]

With all due respect.

Just to clear things up...

VAWA is for people who are suffering cruelty from their spouses.

That's their way to stay in the US, continue being LPR and become the USC eventually.

Not for people who will suffer extreme cruelty if they can't become USC when they think they should.

I understand what are you saying I agree but the 2 common things are the following

The first having extreme cruelty from spouse and he needs to stay.

My case i will suffer extreme cruelty for losing job and I have already a job and nowadays majority of my customers are federal government.

Even if they dont need secret clearances they still need USC people to expedite their background checks.

Background checks they do are way faster for USC more than a PR.

With that being said If I lost my job then I will suffer extremely cruelty. If the USCIS officers did their job right from the beginning we will not be talking right now in the post and there will be no issue.

What I am getting at is the EXTREME Cruelty concept still exist. I explained my extreme cruelty that I will suffer from being laid off because I can't generate enough revenue for my company due to the citizenship requirement.

I can't sue my employer for discrimination because they have a strong reasons to lay me off. I can't prove they discriminate because I am not USC. They have enough proof that customers requires USC accessing their premises.

If I live alone by myself having no wife. I am able to survive without anyjob andI can wait 3-6 months finding another job as well.

My current job in particular is important for many reasons. It funds my wife's horrible situation , My wife recourse on my corpoate health insurance which give her the life line and lastly the job flexibility the fact that I work from home. I am able to take care of my sick wife while I can perform my job duties. I can watch my wife all the times and fulfill all her needs through my current job right now.

Going to another employer , I have to consider relocation , possibly lower salary , no work from home advantage and highly possible a junk crappy insurance which may not help my wife at all like the medicare she has right now or even worse.

[JimmyHou 610]

You are asking for USCIS to make an exception to the law. Or rather you are asking a judge to order USCIS to make an exception to the law.

You asked for our opinions.

In my opinion, there is no chance that your request will be granted.

I'm not a lawyer, this is only my opinion. I could be wrong.

Just take our opinions and decide for yourself. You understand your situation better than any of us.

If you believe you have a strong case, hire a good lawyer and go for it. However, you need to assess the chances that your case will even be heard, let alone adjudicated, in time for you to get the job you want.

Best of luck to you.

Edited November 15, 2014 by JimmyHou

[kzielu 1,147]

I understand what are you saying I agree but the 2 common things are the following

The first having extreme cruelty from spouse and he needs to stay.

My case i will suffer extreme cruelty for losing job and I have already a job and nowadays majority of my customers are federal government.

Even if they dont need secret clearances they still need USC people to expedite their background checks.

Background checks they do are way faster for USC more than a PR.

With that being said If I lost my job then I will suffer extremely cruelty. If the USCIS officers did their job right from the beginning we will not be talking right now in the post and there will be no issue.

What I am getting at is the EXTREME Cruelty concept still exist. I explained my extreme cruelty that I will suffer from being laid off because I can't generate enough revenue for my company due to the citizenship requirement.

You do not understand what cruelty means. Only person doing cruelty to you is yourself - you put yourself in this situation but taking a job where supposedly you will get fired for not being USC - I call BS on this.

I did hear about VAWA and in no way it is relevant to your case, no one is going to send you home. If you really loose this job, find another one - highly skilled engineer should have no problem finding one (been engineer for 14 years now, in aerospace industry - no sure if I am highly skilled - not my call).

At the end - we all here could care less - just to trying to tell you your case has zero chance of being successful and you have a complete misunderstanding of what cruelty is. At the end you'll be filing lawsuit, spending money - of you want to try - go ahead. If I were the judge, couldn't stop laughing when hearing your case.

[kcoyclay1 98]

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

I'm truly sorry to hear about your wife. I understand the stress that you must be experiencing; however, removal of conditions sometimes takes a year and sometimes the early filing date for N-400 arrives before the ROC is done. While you may look at it as a delay of your green card processing, this is also a normal situation with USCIS - as the lady stated. Also, majority of cases get approved on the same day and minority do not; yours fall in the minority category. Remember that even with an interview approval, some cases are referred for additional review before a final approval is granted.

I don't think that USCIS or a judge would consider the delay/process as a valid reason to grant you early citizenship; you had a stokes interview which suggests that prior to that they were not convinced about your marriage. Thank God that they realized that it is legitimate. As you know, your three years as permanent resident is dated from your conditional residency, and all those interviews before you were granted your CR status and after are considered processing time.

You stated that you will be suffering extreme cruelty without being citizen ASAP. From whom will you be suffering extreme cruelty? Will you be able to prove it? Please don't take it personal, I am just asking questions here. Anyway, with the many delay of so many cases due to lack of staff and the vast amount of other applicants having to go through a similar process as you did for whatever reason, I doubt that suing them will be in your favor as the time-frame of your case is not unique. Even with your case being erroneously sent to another state, they may just look at it as a genuine mistake. Another point is that it also appear as if you are suing because of a job situation rather than incompetence. They are allowed to interview and re-interview individuals if they feel doubtful at any point about the case. While one IO may say everything is okay, another may review the case and feel that it warrants another interview. It appears as if that was the case.

I am truly sorry about what you are going through. Just a reminder - the citizenship process also takes a very long time based on the state you live in, and even if you win the case - it may take a very long time before it is brought to court. By then your normal date for applying for citizenship may have passed and if not and you receive "early application" for citizenship, you still have to go through another long process of fingerprinting, being placed in line for interview - which sometimes take up to 90 days - interview based on your marriage, being placed in line for oath, and finally oath ceremony. Do what you think is best, but remember that sometimes what we think is best can end up causing greater delays than expediting the process. All the best.

Edited November 16, 2014 by kcoyclay1

[kcoyclay1 98]

Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

Severe financial loss to company or individual

Extreme emergent situation

Humanitarian situation

Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

USCIS error

Compelling interest of USCIS

Note: Discretionary expedite requests for petitions and applications that have Premium Processing Service available will not be considered for expedite processing. The only exception is when the petitioner is a not-for-profit organization designated by the Internal Revenue Service. For information regarding premium processing, please refer to the premium processing webpage.

If you have already filed your application or petition:

You can make an expedite request by contacting the National Customer Service Center (NCSC) at 1-800-375-5283. The NCSC will take a service request and forward your expedite request to the office with jurisdiction over the application or petition. You also have the options of 1). visiting your local office by scheduling an InfoPass appointment or 2). writing a letter to the local office or service center.

[JimmyHou 610]

Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

Severe financial loss to company or individual

Extreme emergent situation

Humanitarian situation

Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

USCIS error

Compelling interest of USCIS

Note: Discretionary expedite requests for petitions and applications that have Premium Processing Service available will not be considered for expedite processing. The only exception is when the petitioner is a not-for-profit organization designated by the Internal Revenue Service. For information regarding premium processing, please refer to the premium processing webpage.

If you have already filed your application or petition:

You can make an expedite request by contacting the National Customer Service Center (NCSC) at 1-800-375-5283. The NCSC will take a service request and forward your expedite request to the office with jurisdiction over the application or petition. You also have the options of 1). visiting your local office by scheduling an InfoPass appointment or 2). writing a letter to the local office or service center.

Am I right in assuming that this is the procedure for expediting an N400 application that has been filed by an eligible applicant?

It does not move up the eligibility date.

It is, however, useful information and the OP should consider expediting his application once he is eligible to apply. Based on my understanding of his situation, though, that won't be fast enough to help him get the job he wants.

Edited November 16, 2014 by JimmyHou

[NigeriaorBust 4,087]

Why didn't you request that the file be returned to Hawaii instead of show up in San Francisco ? You had a hand in delaying your approval. The lawsuit if you file one could take a year or more to be heard. When you do get to apply you will have to wait through the investigation process of your marriage and if you have violations that prevent it from being granted. If you are working for the federal government already , those jobs almost always need USC are you sure you or your employer never falsely represented you as a USC ? Having gotten a USC , getting a clearance isn't a given. They will look at your other citizenships ( which probably means top secret is out ) and your close ties / immediate relatives that aren't USC before granting it. If it is granted the investigation could take a year of more. It is not extreme cruelty just because your prefect job doesn't land in your lap. Millions of engineers would be suing the government if that was true.

[Villanelle 4,121]

Look Im going to make this very easy for you. You didnt post a timeline or give specific dates of notices received but it doesnt really matter.

Your basic question is: I feel my case took took long to approve; can I file a lawsuit against them and have them backdate it/allow me to file for citzenship sooner etc...

The answer is No.

USCIS has no timeframe in which to approve cases. They can take as long as they want. This is a matter of National Security. You understand that right? Every case is unique. Yes Mr Jones may have been approved in one day (seemingly) and Mr Smith may have had one interview, and Proffesor Plum may have had two. So what. They are all different people bringing different things in different cases.

So your specific scenario..

You state you applied for the 130+485 in March 2012. Then you go on to say in June you called in to an interview. What kind of interview? Certainly not the adjustment interview?? Not after 3 months! Most likely it was the 130 interview. I say this because you state at the end the officer advised you she was 'ok with your docs but couldnt make a decision w/o supervisor approval' (this is common for new officers or when they are unsure) You then go on to say she goes on to say she would see about 'processing the case here or transferring it to San Francisco'

Now you can debate here whether it was correct for them to transfer your file to San Francisco or not. You did state under oath that you were moving. They can take that as a request to move your case to the San Fran office. You can argue they shouldnt have done it until I told them to. But meh. When they called and told you that did you tell them- what are you crazy Im not moving to CA! Dont change my address? No you did not. You moved and filed the form so they had the exact address.

Moving on you got an interview letter in Aug. It probably stated it was for the 485 AOS interview where the previous letter was for the 130. So they werent interviewing you again for the same thing but the questions were similar. She didnt give you a decision and instead made you come back for a stokes interview a month later.

So it seems like you had that at the end of Oct and had you GC by Dec.

I dont see any extended delays here. Sorry.

As for your specific questions/concerns:

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

See above. There are no timeframes. I dont see any unprofessional treatment. what specifically did you fins misleading?

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 honestly feel they did you a favor by transferring your case file to CA when they did since you advised them in person in the interview that you were moving there rather then waiting for your ar-11 to hit. The sooner your case got there the less time you had to wait to be processed. They sent it in June and you were interviewed in Aug. Thats not bad at all.

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

You were most likely interviewed for the 130 in Hawaii and for the 485 in CA. And I doubt you have proof you had a stokes interview FOR NO REASON. Thats an absurd comment to make. Please share your proof that the interviews were unnecessary and malicious on the part of USCIS in an attempt to cause you harm...

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

No.

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.

This is untrue. She would always be treated. You mentioned she has medicare. If you lost your job she would qualify for medicaid. They would cover whatever medicare does not. Its a sad statement to make but currently being middleclass sucks. You either need to be very wealthy or very poor.

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.

sorry

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

again sorry

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.

no such evidence you can provide/

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.

You will be a naturalized citizen. There is a difference. Please check with you company as others have stated you still may not get clearance.

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.

You will get no such compensation. Your case was processed with in the policies of USCIS. Nothing odd about it. No extraordinary delays. You most likely had some red flags. Like perhaps the fact that you stated your wife has a traumatic brain injury. Perhaps she has difficulty reasoning or making decisions. I say such as you stated she needs a lot of medical care and it costs a fortune. Combine her mental state with your mmm ranting here about how long the process is/was taking because you need the GC to ultimately obtain citizenship in order to get top secret clearances.... yeah Id say red flags went up.

Edited November 17, 2014 by Damara

[centrinouk 5]

Thank you very much guys for all your help. I appreciate all your replies Everything is clarified.

There are tons of misunderstanding there are no red flags or anything. What made the red flags is their stupidity and lack of experience.

If I have any redflags in my case. I wouldn't even post anything here.

Thanks I appreciate all your replies , i will just consult multiple attorneys thats it.

Appreciated you can close the topic

Take care

[cdneh 3,112]

Thank you very much guys for all your help. I appreciate all your replies Everything is clarified.

There are tons of misunderstanding there are no red flags or anything. What made the red flags is their stupidity and lack of experience.

If I have any redflags in my case. I wouldn't even post anything here.

Thanks I appreciate all your replies , i will just consult multiple attorneys thats it.

Appreciated you can close the topic

Take care

It's your money, and you are free to set it on fire as many times as you like. But, the fact remains that you have NO case. There are red flags, I would make book on that.

If you want assistance here, you have to give the information people need to help you. You say you won't do that. Fine. Off you go.

[Villanelle 4,121]

Hmm I hope you didnt take offense to anything I said.

Red flags are simply just that. A red flag. Its a warning indicator that something may be off. The key word is MAY be off. Doesnt mean it is, doesnt mean it isnt.

Its discretionary. And in this case its THEIR discretion. If something gives them pause they have every right to say whoa wait a minute we want to interview you again or look into this and that or what not.

There is no evidence you would have- nothing-zip-zilch-nada. (unless you have a copy of your file that has a note in it that says this file is set for approval and someone crossed it out and wrote hold/applicant is a jerk/delay unnecessarily out of spite ha ha ha) so unless you have that or testimony from an officer who touched your file stating so you have no way to prove that they werent just doing their job and maliciously persecuted you for no reason. The laws are on their side.

As stated above please take care in speaking with attnys. Some will take your case if you pay a hefty retainer even if the case has no merits- which yours does not. A good way to test if your case has merits or not is- well you know the commercial on tv- we dont get paid if you dont get paid...?

Ps- If you want to close the topic from additional comments - since it is your thread, you can hit the report button next to any of your posts to send a message to the mods and request it to be closed.

Best of luck to you.

[Ban Hammer 12,884]

closed per op request