Announcement

Collapse
No announcement yet.

N400 Mandamus Case

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • N400 Mandamus Case

    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 ([email protected]_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."

  • #2
    N400 Mandamus Case


    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
    ([email protected]_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

    Comment


    • #3
      N400 Mandamus Case


      Aurora,

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


      --
      Posted via http://britishexpats.com

      Comment


      • #4
        N400 Mandamus Case

        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" <[email protected]_expats.com> wrote in message news:[email protected]
        Aurora, Do you have any suggestions as how to find a good lawyer for WM (Virginia). -- Posted via http://britishexpats.com

        Comment


        • #5
          N400 Mandamus Case

          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" <[email protected]_expats.com> wrote in message
          news:[email protected]
          Aurora, Do you have any suggestions as how to find a good lawyer for WM (Virginia). -- Posted via http://britishexpats.com

          Comment


          • #6
            N400 Mandamus Case


            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

            Comment


            • #7
              N400 Mandamus Case


              You are so very kind.

              Originally posted by Auroradrvr1
              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" <[email protected]_expats.com> wrote in message
              news:1211422.1075=news:1211422.1075=[email protected]...
              =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

              Comment


              • #8
                N400 Mandamus Case


                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"
                <[email protected]_expats.com> wrote in message
                news:1211-
                [email protected]"]news:[email protected]
                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

                Comment


                • #9
                  N400 Mandamus Case


                  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

                  Comment


                  • #10
                    N400 Mandamus Case


                    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

                    Comment


                    • #11
                      N400 Mandamus Case


                      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

                      Comment


                      • #12
                        Cantab

                        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
                        [email protected]

                        Comment


                        • #13
                          Originally posted by Saamir Kaiser View Post
                          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
                          [email protected]
                          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.
                          Not everything that makes you mad, sad or uncomfortable is legally actionable.

                          I am not now nor ever was an attorney.

                          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                          Comment

                          Working...
                          X