Lawsuit Strategy is Used to Break FBI Investigation Backlog

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This month 10 Asian and Middle Eastern legal permanent residents filed a lawsuit against the government seeking citizenship.  The plaintiffs include a U.S. military veteran, a physician, and business owners whose applications have not been acted upon for two years or more.

The case also seeks class action status for individuals waiting at least 6 months for the U.S. Citizenship and Immigration Services’s Los Angeles District Office to adjudicate their naturalization petitions.  Federal law requires that legal residents who have satisfied all requirements must have their cases adjudicated within 120 days of their naturalization examinations.

Not surprisingly, the lawsuit alleges the FBI “name check” investigation is the cause for the delay in obtaining decisions.  Neither the USCIS nor the FBI has a deadline for completing the investigation.

Applicants for “green cards” can use this same litigation strategy to obtain approval of their I-485 applications.  Recently, our Firm has successfully obtained approvals for clients working at a leading Cleveland research hospital system whose cases were delayed for 3 years because of the FBI “name check” delay.  This month we are filing similar cases for professionals in other states and look forward to obtaining equally successful and expedited approvals.

Disclosure: This Immigration Law Alert is provided for informational purposes only and is not intended to serve as or provide specific legal advice regarding a particular matter. Should you have specific questions regarding an immigration matter, please contact Jon P. Yormick, Managing Attorney, or Jennifer Cooper, Immigration Specialist., Yormick & Associates, Co., L.P.A., T: +1.216.928.3474, F: +1.216.566.0857, e-mail: [email protected] or [email protected].

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