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

filing lawsuit - warning to USCIS?

I've been stuck with I-485 namecheck for two years, and really thinking about Writ of Mandamus. Before filing the lawsuit, is it wortwhile at all to give a final warning to USCIS and other parties on the defendant list, saying if they don't resolve my application within 30 days, a lawsuit will be filed?

By reading the documents of other cases, this is listed as one administrative step tried - is it truely necessary? What's the pros and cons of doing it or not doing it?

Thanks!
 
Good Luck!!!

SyedNaqvi said:
Hi Haddy,
Thanks for the suggestion, I followed your suggestion and asked the DA to give me something in writting about my name check clearance and my petition approval and it has to come from INS. He agreed and promised that he will try to get a document from INS and will fax it to me, I am expecting this on monday.
Click to expand...
Syed Naqvi,

Congratulations... Things moving your way... I am sure you are taking care of all the corners... You deserve your success... Wells Done...
 
h1234567 said:
I've been stuck with I-485 namecheck for two years, and really thinking about Writ of Mandamus. Before filing the lawsuit, is it wortwhile at all to give a final warning to USCIS and other parties on the defendant list, saying if they don't resolve my application within 30 days, a lawsuit will be filed?

By reading the documents of other cases, this is listed as one administrative step tried - is it truely necessary? What's the pros and cons of doing it or not doing it?

Thanks!
Click to expand...

For Writ of Mandamus, you have to provide the evidence that you exhasted all "peacefull" remedies to the problem. So, if I were you, I'd send a warning just to have it on file. However, I wouldn't expect too much. They don't care until you actually file a lawsuit.
 
Eastbayer said:
Hi, I would like to update my timeline too, but don't know how to do it. I am not an IT professional :p. Also, can we move the table to the first or last page, as somebody has already suggested? In this way we can monitor the work by US A/FBI/USCIS better.
Click to expand...

Hi Eastbayer, :)
Just backtrack the post from breezyemily in the post just on top of this post it says code. clik on the post you will have this editable window you can edit yor info in this window. hope this will help.
 
sfaizullah said:
Hi,
Another an update. I received summons with case number and seal on them along with receipt for $350 and my complained also stamped with case number from clerk. I served the complaint (plus exhibits) and summons via CERTIFIED MAIL RETURN RECEIPT REQUESTED on all defendants and the US attorney office (Newark, NJ).

I also received a letter from senator office stating that USCIS can not expedite my name check (blah blah blah).. with a most bizarre note saying that they (USCIS) asked them to inform me to stop going to different elected officials for same matter (I first went to my Congressman then to one of the senators)… well, I will stop if they do their job!!! And I thought that the senator and congressman offices are on our side???? For a moment I thought that I ask them (Senator office since they acted as messengers) to inform USCIS to do their job in time as specified by the congress of this country who is cutting their check every month!!! But then I thought it is waste of time… Let court remind them about their duties. I believe for folks who just go to Congressman’s office and/or to their Senators, I now am pretty sure that they do not help and it is just cosmetics… so maybe spare your energy for court fight. Just my thoughts… I did it just if asked by court then I can tell them I tried.


Best Regards
Click to expand...
you know you can add that FBi 'bizzar' letter, to your exhibits.
 
Code: 
Code:
User name       District        IV              Filing		Oath
1447				
Alaskan Bear				
backues		Southern Ohio			
balto		Baltimore, MD	1/4/06		5/10/06	
bashar82	Eastern VA	6/8/05		1/4/06		5/5/2006
breezyemily	Greenbelt, MD	1/10/06		5/12/06	
delfo		SF, CA				4/7/06		5/9/2006
egyptiancastle	SJ, CA						5/18/2006
It1GM				
maryland	Greenbelt, MD	3/8/04		12/27/05	4/14/2006
Mr LA		LA		1/10/05		5/15/06	
ournyla		Houston		1/3/06		5/9/06		
publicus					10/29/05	1/9/2006
qim				4/5/06		2/6/06		5/12/2006
realsuperK	Eastern MO	8/9/05		3/9/06	
sam1973				9/13/05		4/27/06	
sfaizullah				
SyedNaqvi			10/24/05 	4/7/06	
Vmlnj						1/30/06		4/10/2006
waitinginDallas					5/8/06	
WOM				
andrew2006	Southern NY			5/8/06	
eastbayer				
greencard12					4/6/06	
haddy						4/6/06	
kenny485	Houston			
mayseventh2003					3/10/06	
mattraj						3/30/06	
miumiu1977					4/7/06	
mohamedmohamed	KY eastern District		2/1/05		4/20/06
tsa3400		MA				12/27/05
 
New post just for the summary of Lawsuits of individulas

Hello everyone,
I created a new post for the summary info of the lawsuits the address to the post is given below. Formatting is same as you have seen and I think created by breezyemily all the credit goes to breezyemily, but the idea is that people who want to see the summary of the lawsuits don't need to spend more time on searching this info they should be spending more time in preparing lawsuit and filing it. Hope everybody will agree with me. It will be good if everybody can add this line into there signature so that new people know about it. Just an idea :rolleyes:
good luck everyone

http://boards.immigrationportal.com/showthread.php?p=1427237#post1427237
 
Code: 
User name       District        IV              Filing		Oath
1447				
Alaskan Bear				
backues		Southern Ohio			
balto		Baltimore, MD	1/4/06		5/10/06	
bashar82	Eastern VA	6/8/05		1/4/06		5/5/2006
breezyemily	Greenbelt, MD	1/10/06		5/12/06	
delfo		SF, CA				4/7/06		5/9/2006
egyptiancastle	SJ, CA						5/18/2006
It1GM				
maryland	Greenbelt, MD	3/8/04		12/27/05	4/14/2006
Mr LA		LA		1/10/05		5/15/06	
ournyla		Houston		1/3/06		5/9/06		
publicus					10/29/05	1/9/2006
qim				4/5/05		2/6/06		5/12/2006
realsuperK			8/9/05		3/9/06	
sam1973				9/13/05		4/27/06	
sfaizullah				
SyedNaqvi			10/24/05 	4/7/06	
Vmlnj						1/30/06		4/10/2006
waitinginDallas					5/8/06
Eastbayer        SF/NorCal      3/18/05         4/28/06
Mesh             CA                             3/23/06         4/24/06
Cristoaca        CA                             2/22/06         3/10/06
Horiba           CA                             1/5/06          3/21/06
Olgat            CA                             1/11/06         3/7/06	

WOM				
andrew2006	Southern NY			5/8/06					
greencard12					4/6/06	
haddy						4/6/06	
kenny485	Houston			
mayseventh2003					3/10/06	
mattraj						3/30/06	
miumiu1977					4/7/06	
mohamedmohamed			2/1/05		4/20/06
tsa3400		MA				12/27/05
 
Last edited by a moderator:
Shall I call the local US attorney?

hi guys,

The summons was served to the US attorney a month ago. Shall I give them a call? By the way, what should i talk about if i do call them?
 
another FP while the old one still valid?

Hello there,
Another up-to-date on my WOM. On 5/14 I received a FP appointment which schedule on 6/2, 2006.( the third time)
My question is this: my 2nd FP is on 1/08/2005 which is still valid, why do the USCIS want me done another one. Is this make sense to anyone/have the same expereince? is this normal? or the USCIS just want more excuese so they can ask for more time to delay the case?

I'm very much appreciated all input/info.
~C
 
I-485 Delay due to USCIS Error

Hi Everyone,
I am almost ready to file my WOM....was wondering if anyone has a case detail/number wherein I-485/Natz is delayed due to USCIS error (wrong date of birth, file lost in transfer etc).
If anyone knows about such a case, I'd very much appreciate if you can lemme know abt it. I plan to include such similar cases in my complaint

TIA
Shon
 
cuties said:
Hello there,
Another up-to-date on my WOM. On 5/14 I received a FP appointment which schedule on 6/2, 2006.( the third time)
My question is this: my 2nd FP is on 1/08/2005 which is still valid, why do the USCIS want me done another one. Is this make sense to anyone/have the same expereince? is this normal? or the USCIS just want more excuese so they can ask for more time to delay the case?

I'm very much appreciated all input/info.
~C
Click to expand...
fingeprints some times are done after your namecheck is cleared befoe the final approval of your case, to make sure that you havent gotten in any troubles after yours are checked he last time( to ensure that you havent had any criminal conviction , or any criminal case pending with the court, DUI, domestic violence, assult, ect.
that why may be they are checking yours again.
 
need your help

hi, guys,

I need your help here. As I posted earlier, I filed WOM for AOS on April 6, 2006. Today I called district attorney. The guy who is handling my case informed me that he would file a motion to dismiss the case for lack of jurisdiction. It looks like I have a bad luck. I am really depressed now. I have already been waiting for three years for the name check process to be completed.

I will definitely fight back. I have not got the motion yet. Guys, I really need your help. What will I suppose to do? Write a "counter-motion"? What things should I put on it?

Your help is greatly appreciated.
 
mohamedmohamed said:
fingeprints some times are done after your namecheck is cleared befoe the final approval of your case, to make sure that you havent gotten in any troubles after yours are checked he last time( to ensure that you havent had any criminal conviction , or any criminal case pending with the court, DUI, domestic violence, assult, ect.
that why may be they are checking yours again.
Click to expand...

Hello Mohamed,
Thank you very much. Again,
Best Regards,
~C
 
USCIS Memo Regarding lawsuits pending due to name check

Here is a very important memo from USCIS that one can use in their 8 USC 1447(b) petitions as an exhibit.
http://www.bibdaily.com/pdfs/Aytes 4-25-06 background checks.pdf

This memo suggests not to conduct an interview unless name check is received, and claims that lawsuits filed under the pending name checks issue are ordered by courts back to USCIS for adjudications in timely fashion (which they claim they have been doing). Thus, if you have been interviewed, and it has been over 120 days, your lawsuit should produce results. It indicates that court itself never adjudicates though. This also removes any doubts on the crap dished out as "examination is a process and not an event (Danilov case)", as the wording and intent of 8 CFR 335 is made clear and accepted by USCIS.
 
This is an excellent dig, PendingN400.

very dumb question:
What are the key sentences out of this document we should cite in the complaint?

PendingN400 said:
Here is a very important memo from USCIS that one can use in their 8 USC 1447(b) petitions as an exhibit.
http://www.bibdaily.com/pdfs/Aytes 4-25-06 background checks.pdf

This memo suggests not to conduct an interview unless name check is received, and claims that lawsuits filed under the pending name checks issue are ordered by courts back to USCIS for adjudications in timely fashion (which they claim they have been doing). Thus, if you have been interviewed, and it has been over 120 days, your lawsuit should produce results. It indicates that court itself never adjudicates though. This also removes any doubts on the crap dished out as "examination is a process and not an event (Danilov case)", as the wording and intent of 8 CFR 335 is made clear and accepted by USCIS.
Click to expand...
 
rob waiter said:
This is an excellent dig, PendingN400.

very dumb question:
What are the key sentences out of this document we should cite in the complaint?
Click to expand...

The paragraph stating "Naturalization adjudication is subject to unique law, section 336(b)..." is potent. Depending on exact resonses filed by DA against a lawsuit and the length for which an application has been pending, other discussion mentioning %case resolutions within 6 months may be relevant as well.
 
cuties said:
Hello there,
Another up-to-date on my WOM. On 5/14 I received a FP appointment which schedule on 6/2, 2006.( the third time)
My question is this: my 2nd FP is on 1/08/2005 which is still valid, why do the USCIS want me done another one. Is this make sense to anyone/have the same expereince? is this normal? or the USCIS just want more excuese so they can ask for more time to delay the case?

I'm very much appreciated all input/info.
~C
Click to expand...
According to the date given 1/08/2005, this fingerprint is expired. They are only valid for 15 months.
 
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