FYI,
The case mentioned in the following post has been closed. USCIS
granted the plaintiff naturalization certificate. The case (Shemirani
v. Ridge, et al CIVIL DOCKET #: 03-CV-619) was filed in U.S. District
Court for the District of Hawaii on 11/10/2003 and plaintiff motioned
for dismissal on 1/15/2004 after USCIS granted the plaintiff
naturalization. The intersting thing for this case is that the
plaintiff filed the Write of Mandamus when USCIS failed to adjudicate
the case for 120 days after the N-400 interview. Yes 120 days , not 1
or 2 years.



>>>>>>>>>>>>>>>>>>>>>
From: shaky1977 (member13072@british_expats.com)
Subject: Re: N-400 name check, delay



Newsgroups: misc.immigration.usa
Date: 2003-11-29 06:47:15 PST


Posted on: Thursday, November 13, 2003



Man sues over delay in citizenship application



By Curtis Lum

Advertiser Staff Writer



An Iranian man is accusing the federal government of delaying his
American citizenship application because of his nationality.



Fereidon Shemirani filed a complaint Monday in U.S. District Court
against Tom Ridge, Department of Homeland Security secretary, and
David
Gulick, interim district director of the Bureau of Citizenship and
Immigration Services in Hawai'i. Shemirani is asking that both
agencies
be ordered to comply with the law and rule on his naturalization
application, which Shemirani said has been on file since Jan. 7, 2002.



In his lawsuit, Shemirani, 39, said he has been in the United States
since 1981, married a U.S. citizen in 1998, and obtained permanent
residence status in December 2001. On Jan. 7, 2002, Shemirani applied
for naturalization and was interviewed by immigration officials on
Sept. 24, 2002.



Attorney Gary Singh, who filed the complaint on behalf of Shemirani,
said the law requires a decision within 120 days of the interview.
Singh
said no reason is being given for the delay, except that officials are
still doing a background check on Shemirani.



"I told (Shemirani), 'It's your name and where you're from.' He does
not
like to hear that, but those are the facts," Singh said.



"All we're asking is if he's qualified to be a U.S. citizen,
naturalize him. If he's not, tell us why and we will take appropriate
action from there."

thanks,
This is the America I know.



Originally posted by
Aurora FYI, The case mentioned in the following post has been
closed. USCIS granted the plaintiff naturalization certificate. The
case (Shemirani v. Ridge, et al CIVIL DOCKET #: 03-CV-619) was filed
in U.S. District Court for the District of Hawaii on 11/10/2003 and
plaintiff motioned for dismissal on 1/15/2004 after USCIS granted the
plaintiff naturalization. The intersting thing for this case is that
the plaintiff filed the Write of Mandamus when USCIS failed to
adjudicate the case for 120 days after the N-400 interview. Yes 120
days , not 1 or 2 years. From: shaky1977
(member13072@british_expats.com) Subject: Re: N-400 name check, delay
Newsgroups: misc.immigration.usa Date: 2003-11-29
06:47:15 PST Posted on: Thursday, November 13, 2003
Man sues over delay in citizenship application By Curtis Lum
Advertiser Staff Writer An Iranian man is accusing the
federal government of delaying his American citizenship application
because of his nationality. Fereidon Shemirani filed a
complaint Monday in U.S. District Court against Tom Ridge, Department
of Homeland Security secretary, and David Gulick, interim district
director of the Bureau of Citizenship and Immigration Services in
Hawai'i. Shemirani is asking that both agencies be ordered to comply
with the law and rule on his naturalization application, which
Shemirani said has been on file since Jan. 7, 2002. In his
lawsuit, Shemirani, 39, said he has been in the United States since
1981, married a U.S. citizen in 1998, and obtained permanent residence
status in December 2001. On Jan. 7, 2002, Shemirani applied for
naturalization and was interviewed by immigration officials on Sept.
24, 2002. Attorney Gary Singh, who filed the complaint on
behalf of Shemirani, said the law requires a decision within 120 days
of the interview. Singh said no reason is being given for the delay,
except that officials are still doing a background check on Shemirani.
"I told (Shemirani), 'It's your name and where you're from.'
He does not like to hear that, but those are the facts," Singh said.
"All we're asking is if he's qualified to be a U.S. citizen,
naturalize him. If he's not, tell us why and we will take appropriate

action from there."


--
Posted via http://britishexpats.com

Aurora,

Do you have any suggestions as how to find a good lawyer
for WM
(Virginia).


--
Posted via http://britishexpats.com

drvr1
I don't know any lawyers in Va, but I can ask and get back to you, I am assuming you are in Northern Va.
Also, you can look in docket of the Federal District court of your area to find recent mandamus (whether N400 or others) cases against BCIS and find out the attorney(s) who handled/are handling these cases. You can also consider doing it pro se (by yourself). There is an N-400 Mandamus case filed in Boston Federal District Court, pro se (per their docket). This Boston case is docket no. CA 03-12246-GAO (Zxxxx [ I am not putting plaintiff's name on the newsgroup post] vs. Ashcroft, et. al. ). If you can somehow get in touch with this plaintiff, he can for sure help you with pro se filing.


"drvr1" <member18662@british_expats.com> wrote in message news:1211422.1075516156@britishexpats.com... Aurora, Do you have any suggestions as how to find a good lawyer for WM (Virginia). -- Posted via http://britishexpats.com

Check these attorneys, if they can be of can assistance to you. I am not
recommending but got these names from someone. Excercise due diligence
before engaging any attorney.

Larry Lynn Lewis
Law Offices of J W Nesari LLC
110-A Elden St
Suite 106
Herndon, VA 20170
(703) 796-0801


Sang Kuen Park
Moon, Park & Associates
7617 Little River Turnpike
Suite 930
Annandale, VA 22003
(703) 941-7395

"drvr1" <member18662@british_expats.com> wrote in message
news:1211422.1075516156@britishexpats.com... Aurora, Do you have any suggestions as how to find a good lawyer for WM (Virginia). -- Posted via http://britishexpats.com

my case was filed may 2002 and been waiting for oath 8 months after my
interview now.thats 240 days... double of 120 days.

this is totally
redicolus..... i wish if i can post how exactly i feel ...ahhhhhhhhhh.


--
Posted via http://britishexpats.com

You are so very kind.

Originally posted by Aurora
drvr1 I don't know any lawyers in Va, but I can ask and get back
to you, I am ***= uming you are in Northern Va.=20 Also, you can
look in docket of the Federal District court of your area to =
find recent mandamus (whether N400 or others) cases against BCIS and
find o= ut the attorney(s) who handled/are handling these cases.
You can also consi= der doing it pro se (by yourself). There is an
N-400 Mandamus case filed in= Boston Federal District Court, pro
se (per their docket). This Boston case= is docket no. CA 03-12246-
GAO (Zxxxx [ I am not putting plaintiff's name = on the newsgroup
post] vs. Ashcroft, et. al. ). If you can somehow get in t= ouch
with this plaintiff, he can for sure help you with pro se filing.=20
"drvr1" <member18662@british_expats.com> wrote in message
news:1211422.1075=news:1211422.1075=
516156@britishexpats.com...=20
Aurora,=20 Do you have any suggestions as
how to find a good lawyer for WM
(Virginia).=20=20 --=20
Posted via http://britishexpats.com/"]http://britishex-
pats.com[/url]


--
Posted via http://britishexpats.com

thanks Aurora- of course, I am a big boy, I'll check them out with

care.

BTW, I am online so I can get private emails but I guess

lawyers don't mind their names on the net.
I will go to the
district court when I get a chance. I am waiting
for FBI to make
good on their promise to get my namecheck
done. I might do WM even
without it if they take too long.

Originally posted by
Aurora Check these attorneys, if they can be of can
assistance to you. I am not recommending but got these names from
someone. Excercise due diligence before engaging any attorney.
Larry Lynn Lewis Law Offices of J W Nesari LLC 110-A Elden St
Suite 106 Herndon, VA 20170 (703) 796-0801 Sang Kuen
Park Moon, Park & Associates 7617 Little River Turnpike Suite
930 Annandale, VA 22003 (703) 941-7395 "drvr1"
<member18662@british_expats.com> wrote in message news:1211-
422.1075516156@britishexpats.com"]news:1211422.1075516156@britishex-
pats.com[/url]... Aurora, Do you have any
suggestions as how to find a good lawyer for WM (Virginia). -- Posted via http-
://britishexpats.com/http://britishexpats.com


--
Posted via http://britishexpats.com

Please read previous posts, there are detailed explaination there

regarding this posted by other people.

I had some VIP help, so I am
not sure if mine
is a good example.


Originally posted by
n400 Hi, drvr1,
How long has your name check pending with FBI?
What have you done to let FBI to speed up your name check? My name check
is still pending in FBI for about 10 months. Any suggestion would be
appreciated.


--
Posted via http://britishexpats.com

Well, This easy. Wait a few weeks and
call again. Just be nice and keep
trying
without being pushy. FBI is not a
service. They have no
obligation
to help you at all.
(unlike CIS which
is a service but
does not serve, FBI
is not a service but has helped with
some people
here!).

Don't worry. It would be ok.
If it took too long just go to
the court
and file a WM.
Where do you live?


Originally
posted by n400 Thanks. I have read Aurora's posts and your posts
and some others. Thanks all for sharing information. The reason I
caught this thread is that you seems very confident that FBI would do
the name check for you and they actually did it for you. Having some VIP
help sure is a good example. It's just great. I followed Aurora's post
about contacting FBI, I am very frustrated about their lack of response.
They simply didn't reply my FAX, when I called, they insisted that they
only reply to FAX, I pointed out they had my FAX but they didn't do it
for 4 weeks even they keep promising send FAX back and even call me, but
nothing happened.
I was hoping to get some help from the community.
Maybe how to seek VIP help.


--
Posted via http://britishexpats.com

Contact Nicholas Jordan of Richard J. Durbin office.


http://durbin.senate.gov/


He has at least tried to be
helpful to other people.


Originally posted by n400

Thanks. I am really polite. I don't realize that FBI has no obligation.
You are right. We all do need help from FBI. I thought that you got some
powerful congressman to work on your case and then got some VIP in FBI.
I guess every lady there in Name Check department is VIP to us. Oh
well, I will keep trying. By the way, I am in IL.


--
Posted via http://britishexpats.com

For a multitude of reasons citizenship/naturalization applications have been stalled, leaving the applicants waiting for years without their citizenship. The same is true for family petitions, Green Card applications, fiance(e)/spouse visa applications, etc. Often this is the case because an applicant's background checks have not been completed. In other instances, the U.S. Citizenship & Immigration Services has lost or misplaced the file. The only way to overcome these obstacles can be to file a Mandamus lawsuit, in effect, to force the Government to make a decision. Fitzgerald Lewis, an immigration lawyer in Falls Church, Virginia has now filed a very substantial number of such lawsuits in U.S. District Courts in Virginia and Maryland and in every case, has been able to obtain the benefit the applicant was seeking. You don't have to live in Virginia, Maryland or Washington, D.C. Wherever you live in the United States, Mr. Lewis can help.

Law Offices of Lewis and Assoc., PC, 6066 Leesburg Pike, 4th Floor,
Falls Church, VA 22041.
Ph. 703-912-3100/703-778-6864
flewis@lewisatlaw.com

For a multitude of reasons citizenship/naturalization applications have been stalled, leaving the applicants waiting for years without their citizenship. The same is true for family petitions, Green Card applications, fiance(e)/spouse visa applications, etc. Often this is the case because an applicant's background checks have not been completed. In other instances, the U.S. Citizenship & Immigration Services has lost or misplaced the file. The only way to overcome these obstacles can be to file a Mandamus lawsuit, in effect, to force the Government to make a decision. Fitzgerald Lewis, an immigration lawyer in Falls Church, Virginia has now filed a very substantial number of such lawsuits in U.S. District Courts in Virginia and Maryland and in every case, has been able to obtain the benefit the applicant was seeking. You don't have to live in Virginia, Maryland or Washington, D.C. Wherever you live in the United States, Mr. Lewis can help.

Law Offices of Lewis and Assoc., PC, 6066 Leesburg Pike, 4th Floor,
Falls Church, VA 22041.
Ph. 703-912-3100/703-778-6864
flewis@lewisatlaw.com

Good lawyers don't trawl on internet boards.

Good lawyers are detail oriented - and wouldn't post to a 4 year old thread.

Good lawyers would fire a partner that would drag their firm through the mud.

I encourage the entire board to call, write and/or email the lawyer in question and tell him just how much we love being spammed.