Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

**Suzy977** · 26th April 2006, 04:51 PM

Originally Posted by mohamedmohamed

some humour is always good, you have that ability to turn situation to humour, is a good thing

Back in my country we had an expression (I believe it's known universally)

A DAY WITHOUT A LAUGH IS A LOST DAY

I'm glad you got the right message, it wasn't by any means anything but a friendly tease

**Suzy977** · 26th April 2006, 04:55 PM

Originally Posted by tsa3400

Sorry everyone, was out of town, had a death in the family. So it looks like I am going to court afterall.

My sincere condolences, after all we here feel like we are all a family.

I hope God has some good things for you in the near future

**lt1GM** · 26th April 2006, 06:08 PM

I filed 3 weeks ago and just received a new fingerprint notice from the Newark district office. Looks like they're getting off their fat, lazy butts. SUCKERS.

PD: 12/03
FP: 02/04
ID: 11/04
1447 filed: 04/06
2nd FP: 05/06

**zeko** · 26th April 2006, 07:46 PM

Hi

Did you use a lawyer to file your petition? if so can you share his name and how much did he charge you

**mohamedmohamed** · 26th April 2006, 07:52 PM

well, guess what? the USCIS feeling the heat, but will see how far they will go to makse some that actually work.
check this

**RealSuperK** · 26th April 2006, 08:24 PM

Here is the internal DOJ memo mentioned in this article

http://www.sbsun.com/search/ci_3725658

The relevant part is marked in yellow.

In so many words, DOJ admits that they are screwed when the case goes to court.

**mohamedmohamed** · 26th April 2006, 08:56 PM

Originally Posted by RealSuperK

Here is the internal DOJ memo mentioned in this article

http://www.sbsun.com/search/ci_3725658

The relevant part is marked in yellow.

In so many words, DOJ admits that they are screwed when the case goes to court.

this a quote fromt the report" DOJ/OIL beilves that USCIS violates it own regulations".
ok when we violate the USCIS regulation, by not reporting address changes for exemple we may be deprted for that, but whe the DOJ , and the districts courts across the nation ,find that USCIS violated it own regulation, whats happen?

**mohamedmohamed** · 26th April 2006, 09:05 PM

there is one recommendation that make soms esense, elimination of the backgorund for immigrant who are memeber of the armed forces. the best recomendation i have seen .

**mohamedmohamed** · 26th April 2006, 09:07 PM

**RealSuperK** · 26th April 2006, 09:08 PM

Originally Posted by mohamedmohamed

this a quote fromt the report" DOJ/OIL beilves that USCIS violates it own regulations".
ok when we violate the USCIS regulation, by not reporting address changes for exemple we may be deprted for that, but whe the DOJ , and the districts courts across the nation ,find that USCIS violated it own regulation, whats happen?

I don't know... they get dragged to court by somebody who never set his/her foot inside a law school and they lose the case to him/her? Must be somewhat embarassing.

I also like how they say "While DOJ understands the Congressional and Presidential mandates on processing times and backlog reduction that CIS labors with, OIL nonetheless expresses in strogest terms a desire that CIS conducting the naturalization process in this way" Translation : "Hey, guys, we know you are getting all sorts of crap from the top, BUT STOP SCREWING WITH THE NUMBERS!!! Who do you think you are, Enron?!?"

**RealSuperK** · 26th April 2006, 09:12 PM

Originally Posted by mohamedmohamed

there is one recommendation that make soms esense, elimination of the backgorund for immigrant who are memeber of the armed forces. the best recomendation i have seen .

I would seriously let a veteran cut in the naturalization line in front of me to become a citizen, because I believe that the person who puts his/her life on the line to fight for his/her new home deserves the citizenship more than I do. Then again, I'm stuck in the friggin' name check line, who in his/her right mind would want to get into THAT line?!?

**mohamedmohamed** · 26th April 2006, 09:56 PM

Originally Posted by RealSuperK

I would seriously let a veteran cut in the naturalization line in front of me to become a citizen, because I believe that the person who puts his/her life on the line to fight for his/her new home deserves the citizenship more than I do. Then again, I'm stuck in the friggin' name check line, who in his/her right mind would want to get into THAT line?!?

i seriously think they have handled these stuff backword
1- armed forces memeber have gone trhough more security check than any immigrant will go through in their entire life, not only that but they are been monitored and controled by the army inteligence, so it is really doesnt make any sense to run another security check on them, that if you dont cinsider that the actually have put their life on the line, and the chance of satying alive to enjoy naturalization or anything else is _in some cases_ less than the chance of one of them get killed in the battle feild.
2- i think it make sense to investigate the people who "may be a threat to the national security" as they describe it ASAP not for their benefit , but for the sake of the nation interest, if you USCIS think that am securitythreat, and they decide to give me an extra 2, 3, 4 years free wondering around doing whatever i want, i think that is the htreat itself, i think these category have be investigated before anyone esle, and eother clear them , or detain them , or kill them, you just dont let some oen you have detemmine as potantial threat free, without making some determination, and accordingly taking a decision.

**Screaming_Eagle** · 26th April 2006, 10:09 PM

Originally Posted by alisa_0122

one more question for Screaming EAGLE: we r ready to file a petition. but we only have NA 10338 form we just ordered the personal file and DD214 form. it might take about 2 weeks i guess for them to get back to us..

should i wait for the forms or just file whatever we have and then add it to the case once we receive it?

??? P.S.: i'm sorry i'm a little confused i've been reading all this info for a while and thought that 1447b petition is the best solution in the delayed name check case. but i saw that some people file WOM. Is it the same thing?

Sincerely

Alisa_0122,

I am sorry for the later reply, I was gone most of the day. Mohamedmohamed had coverd all basis for your question (Thanks mohamedmohamed).

I would recommend that you file your petition ASAP (1447b is the best option in my openion). You can stop by the courthouse tomorrow and file it.

You can use NA10338 form you already have. USCIS will have 60 days from receiving your complaint to response, during these 60 days, you would probably have received DD214 or equivalent form you have already requested. Once you receive the appropriate form, you can always go to the courthouse and file it as an Exhibit.

Good luck

**cuties** · 26th April 2006, 10:36 PM

Originally Posted by tsa3400

Sorry everyone, was out of town, had a death in the family. So it looks like I am going to court afterall.

**Eastbayer** · 27th April 2006, 02:29 AM

Hi All,

I am going to file at the Oakland court. Just filed out the civic cover sheet. Could you verify if the boxes I checked correctly? Thanks a bunch.

II. Bacis of Jurisdiction: Box 2 U.S. Government Defendant
IV. Original Proceeding
V. Nature of suit: 890 Other Stationary action
VI. Cause of action: 8 USC 1447 (b); The defendants have not adjudicated the plaintiff's application as required by law.
IX. Divisional assignment: San Francisco/Oakland

Did I miss anything/boxes?

I look forward hearing from you.

Good night.

**Eastbayer** · 27th April 2006, 02:45 AM

I was given a blank copy of Summon by a guy at the Oakland court. Do I have to fill it out? Or the Court is going to do it after I file?

Pro Se!

Thanks.

**Eastbayer** · 27th April 2006, 03:16 AM

Originally Posted by zack01

Enclosed for filing in the above referenced matter please find the following:

1. Check in the amount of $250 to pay the filing fee;
2. Civil Cover Sheet;
3. Complaint for Hearing on Naturalization Application;
4. Summons in a Civil Case; and
5. Exhibits

So, the plaintiff should be writing the Summon? I thought it should be the Clerk's job, since he/she has to sign and date at the bottom. Am I right?

**mohamedmohamed** · 27th April 2006, 07:33 AM

Originally Posted by Eastbayer

So, the plaintiff should be writing the Summon? I thought it should be the Clerk's job, since he/she has to sign and date at the bottom. Am I right?

the plaintiff will fill the address of who sending the summon , and the address of the person/person being served for exe. one to the local USCIS office , and one to the local US attorney, and one to whom else you want to serve, and remeber to keep a copy of the filled summon, to file with the court when you get your retutn receipts

**cbr_139** · 27th April 2006, 07:59 AM

Mohamed wrote:

well, guess what? the USCIS feeling the heat, but will see how far they will go to makse some that actually work.
check this
__________________________________________________ _______________

The document from USCIS is just b.s. This agency is full of incompetent, just don't care attitude people. For that matter, most of Government workers here are morons. But in the name of security, they are covering their faults with some b.s. written by some english or law professor.

**lt1GM** · 27th April 2006, 09:39 AM

Originally Posted by zeko

Hi

Did you use a lawyer to file your petition? if so can you share his name and how much did he charge you

I filed Pro Se, it's really not that hard, just read through this thread - everything you need is here. On page 91, you'll see a handful of documents another very helpful user in NJ has psoted you can use as guidance.

Those documents contain names and numbers of lawyers who have handled 1447b cases. I spoke to one yesterday, his name is Edward R. Rubin, 973-735-2730. I believe he charges $3k. Good luck!

**mechano** · 27th April 2006, 10:39 AM

Can any one clue me in please?
A month ago, USCIS had the interview for naturaliation, when I have got the "pending status"...As we were preparing for the lawsuit, exactly one month and one day later, we've got a NEW fingerprint request letter from USCIS: "in order to complete your background check, you must be fingerprinted...etc...etc"
What is interesting is thae fact that the previous fingerprinting was done in Feb. 2006, and now they require another one. The verbage in this letter sounds like this is the 1st fingerprinting in this case !
This letter though, looks to me that had been printed on a regular paper (not the ususal embosed paper) and has all the seals and everything else in black/white. This leads me to think 2 things:
1- they never got the fingerprints in the first place
2- if they did, they lost the fingerprints
Or, if I have to get paranoid, then this will be pending due to the fact that is still with FBI ?! and can work in their defense in court ?
Can any one make any sense of this ?

**sfaizullah** · 27th April 2006, 12:07 PM

Originally Posted by lt1GM

I filed Pro Se, it's really not that hard, just read through this thread - everything you need is here. On page 91, you'll see a handful of documents another very helpful user in NJ has psoted you can use as guidance.

Those documents contain names and numbers of lawyers who have handled 1447b cases. I spoke to one yesterday, his name is Edward R. Rubin, 973-735-2730. I believe he charges $3k. Good luck!

Hi It1GM,
Glad to finally see some filled in NJ. Is it possible to post your complaint (minus the personal stuff). I am in the process of completing my complaint and would love to see another one from NJ.

I have called lawyers and almost all of them don't do 1447 (one advised me to do it myself). So I am strongly thinking to go Pro Se like you.

Best Regards

**sfaizullah** · 27th April 2006, 12:15 PM

There is really a simple solution: conduct/complete the name check/ background check/whatever the government wants check before (or by the time) one becomes eligible to apply for naturalization. That way when they apply the government is done and then they can (as they should) respect the statutes.

This is feasible solution and can be done with a computer application which will schedule based on the date one become permanent resident and his/her eligibility date (5 year, 3 years).

Best Regards

**breezyemily** · 27th April 2006, 12:21 PM

To everyone who had filled out a summon,

On the summon form, I can't find a place to put the name/address for the defendent attorney (the district attorney). Do you include it with the defendents or not?

Thank you!

Emily

**mohamedmohamed** · 27th April 2006, 12:43 PM

Originally Posted by mechano

Can any one clue me in please?
A month ago, USCIS had the interview for naturaliation, when I have got the "pending status"...As we were preparing for the lawsuit, exactly one month and one day later, we've got a NEW fingerprint request letter from USCIS: "in order to complete your background check, you must be fingerprinted...etc...etc"
What is interesting is thae fact that the previous fingerprinting was done in Feb. 2006, and now they require another one. The verbage in this letter sounds like this is the 1st fingerprinting in this case !
This letter though, looks to me that had been printed on a regular paper (not the ususal embosed paper) and has all the seals and everything else in black/white. This leads me to think 2 things:
1- they never got the fingerprints in the first place
2- if they did, they lost the fingerprints
Or, if I have to get paranoid, then this will be pending due to the fact that is still with FBI ?! and can work in their defense in court ?
Can any one make any sense of this ?

i would see this as a good news, at least your case is not int he forgotten bin.
there are a few reasons they ask for multiple fingerprints, may be the first and second sets arent identifying enough, the prints of your fingers arent clear enough to be read, , or like you said, my be some one have lost them, but in all cases it is a good news, at least some one is working on it, you shouyld go get the fingerprints as they asked you, and may be when you get there you can try to see an immigration officer, not information officer, and ask what the deal, or have your lawyer ask them that question.

**mohamedmohamed** · 27th April 2006, 12:46 PM

Originally Posted by sfaizullah

There is really a simple solution: conduct/complete the name check/ background check/whatever the government wants check before (or by the time) one becomes eligible to apply for naturalization. That way when they apply the government is done and then the can (as they should) respect the statutes.

This is feasible solution and can be done with a computer application which will schedule based on the date one become permanent resident and his/her eligibility date (5 year, 3 years).

Best Regards

it is ,but you are talking about a different scenario, a scenario where everything should be done to respect and follow the statutes, which is what is right, it seem like USCIS doing the otherway arround, trying to fit the statutes into what they are doing.

**lt1GM** · 27th April 2006, 12:54 PM

Originally Posted by sfaizullah

Hi It1GM,
Glad to finally see some filled in NJ. Is it possible to post your complaint (minus the personal stuff). I am in the process of completing my complaint and would love to see another one from NJ.

I have called lawyers and almost all of them don't do 1447 (one advised me to do it myself). So I am strongly thinking to go Pro Se like you.

Best Regards

sfaizullah, as I've said before, there are a number of NJ cases posted on page 91 of this thread by akram88 (posts 1351 and 1352 I believe). That should give you all the info you need.

**mohamedmohamed** · 27th April 2006, 01:01 PM

Originally Posted by breezyemily

To everyone who had filled out a summon,

On the summon form, I can't find a place to put the name/address for the defendent attorney (the district attorney). Do you include it with the defendents or not?

Thank you!

Emily

i dont if the summon in your district is different, but am attaching one here, on 1st page, there plaintiff(you), and deffendents (USCIS/DHS), and below that there "to" feild, that is where you write the address of who is being served, but you have to fill a different summon for each defendent being served, i.e. 1 for the local USCIS, and 1 for the local US attorney, and so on,

**lt1GM** · 27th April 2006, 01:17 PM

I've attached three summons forms here that are filled out as they should be. Hope this helps!

**sfaizullah** · 27th April 2006, 02:00 PM

Originally Posted by lt1GM

sfaizullah, as I've said before, there are a number of NJ cases posted on page 91 of this thread by akram88 (posts 1351 and 1352 I believe). That should give you all the info you need.

Thanks It1GM! Did you hand deliver your complaint to the court or mail it?

Best Regards