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

[poongunranar]

From what I understand, many municipalities schedule judicial oaths once they have enough candidates that require a name change. The proces is somewhat similar to the presorted first class mail service. Correspondence sent through this service is usually placed in a storage room. Once the room is full, the correspondence is distributed to mail carriers for delivery. It could take a week, or it could take a month.

Thanks, Vorpal. I belong to North Georgia District Court and they have fixed set of ceremonies each year. This time, they have 8 ceremonies scheduled. Every InfoPass visit, they say, I am in the queue, but, they aren't able to say when I will make it to the Oath. As you clarified, 1447(b) isn't applicable for my case. Duh!

[Vorpal]

Thanks, Vorpal. I belong to North Georgia District Court and they have fixed set of ceremonies each year. This time, they have 8 ceremonies scheduled. Every InfoPass visit, they say, I am in the queue, but, they aren't able to say when I will make it to the Oath. As you clarified, 1447(b) isn't applicable for my case. Duh!

Don't waste your time with InfoPass, as you can get the same exact information by speaking with a 2nd level service rep. I remember reading a few posts that mentioned that it takes about 6 months or so to get a judicial oath in Atlanta. As much as waiting sucks, hang in there. You'll get it soon.

[cafeconleche]

Yeah, it seems everyone on the forum says the judge will side with the plaintiff, so that's comforting. I also got to thinking that, if I end up refusing to give CIS additional docs and not go to the interview, asking them to say my application is approvable based on what they have, then they might actually comply with that since going to court is a huge waste of time for them and the AUSA too. Would this be right?

[Vorpal]

Yeah, it seems everyone on the forum says the judge will side with the plaintiff, so that's comforting. I also got to thinking that, if I end up refusing to give CIS additional docs and not go to the interview, asking them to say my application is approvable based on what they have, then they might actually comply with that since going to court is a huge waste of time for them and the AUSA too. Would this be right?

If you agree to go to the 2nd interview and provide the additional documents, there's a good chance that your lawsuit will be declared moot. Needless to say, having to go to court and prepare motions is extra work for the AUSA, so he is trying to push you toward agreeing for an administrative resolution. If you agree, there's a good chance that the USCIS will take their sweet time with your case, even if you submit the documents and go to the 2nd interview. Personally, I would agree to the 45 day extension, but decline to go to the 2nd interview and/or provide additional documents. The fact that USCIS had 120 days to request these documents, but chose to ignore your case and only act on it when you filed the lawsuit demonstrates that they are not acting in good faith. Ultimately, what you decide to do is up to you, but I'd feel more comfortable knowing that my case is under judicial supervision, even if it's remanded to USCIS. Since the USCIS is actually pushing back, they are clearly looking for a reason to deny your case.

[shehe]

Hi,
I am just about ready to send my complaint, and I could use a confirmation, please.It seems that the St Paul Office does not have a director at this time, and that it belongs to the Kansas City District office.
It sounds a little strange that I have to add both offices to the complaint. This is who I am suing.
1-Janet Napolitano, Secretary of the Department of Homeland Security,
2-Alejandro Mayorkas, Director, US Citizenship and Immigration Services,
3-Michael Jaromin, Kansas City District Director, US Citizenship and Immigration Services,
4-Director of St Paul Field Office Director, US Citizenship and Immigration Services,
5-Eric H. Holder Jr., US Attorney General,
6-Robert S. Mueller III, Director of the Federal Bureau of Investigation

And these are their addresses:
JANET NAPOLITANO
Secretary of the Department of Homeland Security,
Office of the General Counsel,
U.S Department of Homeland Security
Washington, DC 20528.

ALEJANDRO MAYORKAS
Director of U.S Citizenship and Immigration Services,
Office of the Chief Counsel
20 Massachesetts Ave. N.W., Room 4210
Washington, DC 20529.

KANSAS CITY DISTRICT OFFICE (KAN)
District Director: Michael Jaromin
9747 Northwest Conant Avenue
Kansas City, MO 64153-1833
ST. PAUL FIELD OFFICE (SPM)
Field Office Director: Vacant
2901 Metro Drive, Suite 100
Blomington, MN 55425

Attorney General Eric Holder
DoJ
950 Pennsylvania Avenue NW
Washington DC 20530

Director Robert Mueller
FBI
935 Pennsylvania Avenue NW
Washington DC 20535

If anyone has a minute to give me an opinion, I would soooooo appreciate it. Thank you so much.
SHEHE

[cafeconleche]

I'm still wondering why CIS would push back. Suppose the application was just forgotten and the lawsuit made them find it and dust it off, wouldn't they just want to get it over with, approve or deny me based on the merits, and move on by dismissing the case?

[Eiffeltower]

I'm new to the thread and wanted to share my story.I had my Naturalization interview on May 18,2011 at the Baltimore field office.Everything was smooth and lasted less than 10 mns;but at the end I was given the famous form N-652 stating that a decision cannot yet be made.When 120 days elapsed after the interview,I contacted US Senator,Ombudsman and visited the field office twice.They all say that my case is undergoing an additional extensive review wathever that means.On january 12,2011 I filed a petition 1447(b) and all the defendants have been served.Their answer is due on March 22.2011 which is less than two weeks away and I still haven't heard anything from the local US attorney's office even though I called and they confirmed that they received my summons and complaint.Any advice?

[cafeconleche]

The US attorney didn't offer to settle this administratively?

[Eiffeltower]

I have not spoken to an AUSA yet;even though I called the US Attorney's office several times but was always transfered to a answering machine.When I spoke to the receptionist ,the only thing she confirmed was that they have received my summons and complaint on January 19,2011.I guess at this point I only have to wait for them to contact me since the deadline is twelve days away.
By the way this is my timeline:

District Office:Baltimore,MD

May 25,2009:N-400 received
June 19,2009:Fingerprints
Sept 3,2009:Initial interview Descheduled
May 18,2010:Interview,Decision cannot be made
January 12,2011:Petition under 1447(b)

[cafeconleche]

Damn, since 2009! That's annoying. So, when you asked to speak to the AUSA the receptionist put you through and you could only leave messages? Hmm. Seems to me that if they don't have their act together and miss the deadline they can be held in contempt of court? Is that right, lawyers on the forum? That would make them look REALLY bad. Either way, if they don't get in touch with you, you can always just have the judge look at the case de novo.

Is there anything out of the ordinary we should know about your application? Maybe they know something you don't and intend to just answer the court and not settle with you because they don't want to.

[Eiffeltower]

Cafe thanks for your quick reply
I really don't know what's holding my case up.My interview was straightforward and lasted less than ten minutes.when I asked the interviewing officer why a decision could not be made,she told me that because a year had elapsed since my application was submitted,something had expired and had to be done again.But she insisted that it was just an administrative matter that had nothing to do with me and she reminded me that by law the agency has 120 days to make a decision on my application.she even circled the 120 on my form N-652.
Since I've been in the US for 12 years ,I have a clean record ;not even a moving violation.I will keep you posted if I get contacted by the defendants before the deadline.

[Vorpal]

Cafe thanks for your quick reply
I really don't know what's holding my case up.My interview was straightforward and lasted less than ten minutes.when I asked the interviewing officer why a decision could not be made,she told me that because a year had elapsed since my application was submitted,something had expired and had to be done again.But she insisted that it was just an administrative matter that had nothing to do with me and she reminded me that by law the agency has 120 days to make a decision on my application.she even circled the 120 on my form N-652.
Since I've been in the US for 12 years ,I have a clean record ;not even a moving violation.I will keep you posted if I get contacted by the defendants before the deadline.

Sounds to me like they needed to run your name check again, since FPs are usually valid for 15 months. THe lawsuit will get your application moving again. Expect to hear from the AUSA by the last week of the timeframe. Expect the AUSA to request an extension, which seems to be their usual M.O. If you haven't done anything that could affect your case adversely, it will be decided in your favor before the extension runs out.

[vietgamer45]

Hello, I had just received an email about USCIS's decision that they are denying my fiancee petition AFTER ALMOST FOUR LONG YEARS OF WAITING!! I had filed the petition on July 27, 2007 and they claimed they received it on August 11, 2007. I am FUMING FURIOUS with the stupid corrupted fraudulent greedy Immigration Service!! They would rather accept frauds and scams and not accept legitimate relationships!! That is so damn unfair and wrong!! They have destroyed the BEST LOVE OF MY LIFE!! I WILL NEVER EVER FORGIVE THEM FOR IT nor WILL I EVER FORGET WHAT THEY HAVE DONE TO MY EX-FIANCEE AND ME!! She does not love me anymore, THANKS to them, but said that she still wanted me to court her!! I have a criminal record, which I know did not help at all and she knows about it, but still accepted me anyway!! She was the RIGHT ONE at the wrong time and place!!

I need to know how I can sue USCIS and get compensation for all the emotional distress/trauma they have put me through, for destroying MY relationship with the LOVE OF MY LIFE, and to get my money back from them! I am at a point where I want to flip out on them, but I know that it will not get me anywhere. I know that I need to be calm about it and not be very emotional or overreact about this. Please help me!! I have told my ex-fiancee that I still love her, even though she does not love me anymore. I am blaming USCIS for this because she and I could have been a very blissful couple with one or two kids by now if they had APPROVED the stupid fiancee petition ALMOST FOUR YEARS AGO!! Now, my love life is destroyed because of THEM!! I have them to thank for my fiancee not loving me anymore!! She said that she wants me to go to her country, but I do not see the point of it if she is not going to love me or want to be with me as a lover. It would be a wasted trip and more wasted money if I go there, just to be rejected by her again!!

If she still had been my lover, it would have been a totally different story. I would have gone there to marry her there and possibly live there and renounce my American citizenship to be a Filipino citizen!! Another thing is that I have my adoptive mother's family there as well, but I am not close to them at all so there is no point of my visiting the Philippines anymore, now that I have lost the LOVE OF MY LIFE, thanks to USCIS!! I have told my ex-fiancee that if she and I were a couple, I would not have asked her, "Do you want me to appeal the decision?" She said that there was no need, which means that she is ready to move on from me, yet she still has our status as engaged on one of the social sites that she and I belong to.

Please help me on what to do. I was told that I would get a denial notice within 15 days of March 11, 2011. I will see if it will come or not. I do not believe them anymore about when things will arrive since they have lied about letting me know about their decision so many times before when I had called them SO MANY TIMES!! I am so fed up with them!! It has been a total nightmare for me, if not for my ex-fiancee!!

[Bobsmyth]

Hello, I had just received an email about USCIS's decision that they are denying my fiancee petition AFTER ALMOST FOUR LONG YEARS OF WAITING!! !

What was their reason for denying the petition?

[kotkoda]

I apologize if a similar question of mine was previously answered somewhere on this tread. Here is my issue: It will be 120 days since my interview next Tuesday. As far as I know my case is approved, but I only know this because I requested that from someone at my senator's office to inquire about my case. Supposedly my case was approved a month ago. I personally have not heard from the USCIS since mid January or got a letter with my oath ceremony scheduled. What should I do? Should I/Can I file a suit? My issue is that I am moving out of the state next month and if I am not scheduled for an oath this month it will cause me extreme difficulties to attend one. Would filing a lawsuit help my case or it's not going that fast anyway?
Thanks everyone!

[kotkoda]

I finally received my oath letter so no problemo!

I apologize if a similar question of mine was previously answered somewhere on this tread. Here is my issue: It will be 120 days since my interview next Tuesday. As far as I know my case is approved, but I only know this because I requested that from someone at my senator's office to inquire about my case. Supposedly my case was approved a month ago. I personally have not heard from the USCIS since mid January or got a letter with my oath ceremony scheduled. What should I do? Should I/Can I file a suit? My issue is that I am moving out of the state next month and if I am not scheduled for an oath this month it will cause me extreme difficulties to attend one. Would filing a lawsuit help my case or it's not going that fast anyway?
Thanks everyone!

[tetero]

I need help with filling out the lawsuit. For defendant(s)/respondent(s) space, what are the names I need to write from USCIS people in NYC?. The thing is I send a e-request 90 days after my interview and from that request the letter said to give them 60 days and if everything was fine I would expect a oath letter. The 60 days ended on May 2nd and on May 3rd I called in to speak to a 2nd level rep and that rep sent another request for me but this time the letter from that request says to give them 6 months.

[cafeconleche]

I am uploading the lawsuit today.

Defendants in NYC will be Andrea Quarantillo, if she's still the director. Were you interviewed in Federal Plaza? Then it's her I think. They will ask for years if they can, so ignore those numbskulls. If you want, draft your lawsuit and send a copy of it along with a letter of intent to sue to everyone you intend to sue. Give them 2 weeks. If you don't want to wait that long, go ahead and sue.

[tetero]

Thanks cafeconleche. I will get my lawsuit ready, it's just frustrating after second request they tell you to wait 6 months more. I just wanted all of this to get done before applying to the US Armed Forces.

[cafeconleche]

How do I upload this thing?

[lotechguy]

I think just take info pass and ask them what the problem is. If the issue is name check/fbi clearance pendingthen go ahead and file the lawsuite. Also if you have access to AUSA office there I would try and ask if they can help provide some info.

[samson_33]

HI,

I was actively following this forum about 4 and half years back while filing for my GC. I had to file for mandamus to earn my GC. looks like it might be time again and wanted to prepare myself early this time. I am still yet to understand teh citizenship process and have a few questions.

Questions:
1> I got my GC in Sep '06. Can I apply now or is it too early. I heard I can apply 6mth early. also in some forumns I read that if it is too early they may reject the application and the fees are non refundable. I had a considerable delay (2 years) due to Name Check in getting my GC and had to finally file for mandamus due to name check, so want to start early this time.
2> I had heard the Name check process is streamlined now and any application over 3 mths are automatically approved. Is that not teh case? Is the trend that most who were stuck in GC are getting stuck again?
3> what is the delay in VA these days? I am based in Ashburn, VA - Loudoun county. Which office in VA will handle the case.
4> what is the process. I have the forms downloaded, but the process in general, FP, Interview, Oath etc.

Thanks and appreciate the inputs.

[ksrao1234]

I planning file WOM tomorrow or Monday.
Could any body respond with Nebraska service center directors address?
Thanks.

[niceguy_nyus]

Dear Members of the forum,

Kindly provide feedback :

I received an email after the 120 day period and checked online status . It says Post Decision Activity and to expect a letter in mail. Any idea what does it mean. I was interviewed on feb and was asked to submit court disposition for two tickets. I submitted them on my second interview and was told that file is complete and will need supervisory approval.

I will appreciate your feedbacks.

I received an email on 7/1/2011 stating that my application has been placed in que for Oath Ceremony. What to expect form here on ?
Kindly do place your feedback.

7/11/2011 I recieved an email stating that I have been placed in que for the Oath Ceremony.

[Stolbovoy]

Eiffeltower,

Could you kindly post the results? My and my wife's cases are in Baltimore and we are going to file WOM and 1447b.

I have not spoken to an AUSA yet;even though I called the US Attorney's office several times but was always transfered to a answering machine.When I spoke to the receptionist ,the only thing she confirmed was that they have received my summons and complaint on January 19,2011.I guess at this point I only have to wait for them to contact me since the deadline is twelve days away.
By the way this is my timeline:

District Office:Baltimore,MD

May 25,2009:N-400 received
June 19,2009:Fingerprints
Sept 3,2009:Initial interview Descheduled
May 18,2010:Interview,Decision cannot be made
January 12,2011:Petition under 1447(b)

[GC_Geek]

Need advice from the experts:
Have been reading this thread for the past few days post by post.
Really feel low about my lazyness in taking time to move on with the WOM.

Here is my situation:
Initially filed my EB3 petition several years back(Priority date Sept 2002).
Attended for an interview in the local USCIS office in 2009, the officer said that everything is correct, dates are not current, you get your approval when the dates are current.

Filed a new EB2 (PERM) and its i140 (with old PD) in 2010.
Waited for few days and sent an email to USCIS to approve me under EB2(since the dates have been current for a long time for 2002 PD under EB2).
After a month or so, got an RFE with several bogus questions/evidence to show. (As per the law, they should not ask ANYTHING about the things happened before my last lawful entry(which was 2007) into US at the time of my permanent immigration petition (i140) was filed. But the Officer purposefully asked for all bogus questions related to the time before 2007 (few things like prove your relationship with your wife.. even though we both have attended for a personal interview before, another request was to provide the tax returns for ALL the years of my stay in US, which should not be asked due to the ruling in Section 245(K)). We have replied the RFE timely.
Later the file was sent back to the local USCIS office. The local office called us both for a SECOND interview. The officer didnt ask anything, told that he is happy with the case, give me if you have any additional paperwork of latest info, I gave few new pay checks, I dont know what else needs to give. The officer gave me an approval letter and asked us to come back to the office and get the passports stamped with the GC.
After two days when we went there, we were told that the case is still pending, needs to be processed, come back after 6 months. We were surprised. After 6 months, when I went alone to check the status, the officer at the infopass counter stamped my passport with the GC(my spouse didnt come on that day). I took my spouse to the infopass appointment after 3 days, for my surprise, USCIS has canceled my ALREADY stamped GC and told me that the case is still pending with an "overseas enquiry" they asked me to get back to them after 6 months. like this I have been the ping-pong ball for them, visited them SEVERAL times so far.
Initiated the Senator inquiry, the reply is the standard boiler plate reply that the case is being processed.
Initiated the Congressman inquiry, no use.
wrote SEVERAL letter to the local office, no reply.
The case has been currenly sitting in the local USCIS office and they have no intention of touching that.
In my last visit, I have asked the officer at the infopass window to let me know "What is your standard time to wait for an inquiry to be replied? What happens if you didnt receive a reply for your so called overseas inquiry initiated on my case" The officer replied that"we dont need to explain all those, you have to check back with us after 6 months.

I feel so humiliated...
Now I have initiated the USCIS ombudsman query last week.
Reading this thread, my blood is boiling for the cheating that USCIS has been purposefully doing for me.

Now I am thinking of going to file WOM following this thread.
My question here is.. in the petition, shall I ask my GC approval with the old date of the day I was originally eligible to get the GC.
I want to sue the USCIS for purposefully delaying my petition, approving it and canceling it.

Dos it happen to backdate my approval? (why do I need it backdated? since I can become eligible for the N-400 early).

What are the implecations?
Pl advice dear gurus, I cant get sleep all these days since I am being royally humiliated by this USCIS like a street dog...
Thanks

[Williamzcj]

Is this forum still active? Is anybody here can help me with a pro se law suit?

[supertired]

What is your problem? I've just filed mine 3 days ago.

[Williamzcj]

Is anybody here

[cafeconleche]

Did you see supertired's reply? What is your question?