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

EGYPTIANCASTLE said:
Thank you everybody for your support. But you know I have been collecting alot of data, cases, and laws about this issue, and this forum helped alot too, it really gave me insight and inspiration to fight. Unlike the last time, the AUSA was very nice to me, and everyone in her office sounded like they are familiar with my case, she said that she is willing to settle this out of court because neither her nor USCIS want to go to court with a case like this for it is imbarecing. I kept sending them exhibits almost every week, everything I managed to get a hold of; alot of it from this forum, I filed it in the court as exhibit and filed a copy to the AUSA, and stated that in a letter to the court; that I am suing the DHS, FBI, USCIS, and US Attorney General, and they can eat me alive in court if they want too, but as a Pro Se Plaintiff I wanted to establish records as much as I can to protect myself and fight back in court. I really think that this what helped me the most in this case, and it makes their job almost impossible to finish. For everytime I file an exhibit, they have to answer for it in court or in their response to the court, and to refute almost 50 exhibits + the complaint of 10 pages, I think it is very difficult to do that, specially with the number of cases they have been recieving of this type. So, use their laziness against them, load them with work we all know they would not be able to do, specially when they are working against 60 days deadline, they either finish their job, or give up, and we all know what they do best; of course GIVE UP, they don't want to work!!! One other thing, dont you ever, ever show them that you are worried or weak or soft, show them your balls, and that you are ready for a good old American fight all the way. They will try to scare you away at the biggining, but don't be scared away hold your grounds and fight for your right, prove to them that you deserve this honor of holding the US citizenship.

She also said that they pulled my case to the US Attorney General's HQ. but she wouldnot say why, and she told me that they only allowed 50 expedite name ckeck per month and they managed to get me one in March and my case should be approved by May 26th. So, I am waiting. I also told her that I will not dismiss my case till after I have my naturalization certificate and go apply for a US passport then I will mail out the dismiss motion to court.

I don't want to sound like I have a big ego, but if you have a 1447(b) pending, please try to read my previous posts in this thread, you might find something useful to help you out in your case. and I sincerely wish everybody the best in their endeavors to earn their US citizenship, which is really an honor.

P.S: for the record, I don't think they are discriminating against anybody, I am from Egypt, and my name is the most commom name in the Arab and Islamic world; Mohamed, but I am positive they are just incompetent, even the AUSA said so, that the system is very badly broken in this background issue and they are really working on it. Go figure when ??!!
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I believe Congratulations are in order ;)
 
akram88 said:
one thing I forgot to mention. the lawyer said that all of his cases were dismissed before the court exept for one that seem to be going to court and the reason is because they couldnt get his backround check done before the end of the extended time.
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I meant settled, not dismissed.... sorry for making some of you guys confused. it's just I've been working late hours these days and I think I'm losing it (I just got off work and it's 5:20 am).
anyway 1447b has been a success for this lawyer from what he said.
 
EGYPTIANCASTLE said:
Thank you everybody for your support. But you issue and they are really working on it. Go figure when ??!!
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that is what i call a good fight, and cenrtainly it is a good lead and exemple to follow for the rest of us, it is for everyone to realize, if you dont start to warry and fight for yourself, no one else will, and sometime when you turn the other cheek, it feel good to slap you again, so it is up to every one of to take the matter to the court hand , or keep dreaming that one day magically everything will be solved, i dont about every one else, but dont just dream, i also put some efforts to make my dreams come true, as much effort as it take.
and yes the forum is the best source of support, information , and morals, thanks to everyone for that, after about 2 months of start reading, i am ready to fight, because i have enough tools to fight with , scenarios, and previous cases, legal basis, and legal finding, and i know everyone else is.
in fact i am in a bid against myself, the best thing i saw in America is fairness, and opportunity for everyone to take their right, and the day i cant find that is here, i wont have any reason to stay here.
 
akram88 said:
I meant settled, not dismissed.... sorry for making some of you guys confused. it's just I've been working late hours these days and I think I'm losing it (I just got off work and it's 5:20 am).
anyway 1447b has been a success for this lawyer from what he said.
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Akram88,

Did you lawyer tell you what the possible outcome of the case that is going to court might be and what he's going to ask for from the judge? The reason I'm asking is because it sounds like the government knows that it violated the 120 day rule but they are going to court because they have to. Yet, I doubt the judge will just tell them to make a decision on the application without completing the name check. What would be the purpose of going to court if the judge will most probably tell you to expidite the name check and you couldn't do that in the first place?
 
EGYPTIANCASTLE said:
Thank you everybody for your support. But you know I have been collecting alot of data, cases, and laws about this issue, and this forum helped alot too, it really gave me insight and inspiration to fight. Unlike the last time, the AUSA was very nice to me, and everyone in her office sounded like they are familiar with my case, she said that she is willing to settle this out of court because neither her nor USCIS want to go to court with a case like this for it is imbarecing. I kept sending them exhibits almost every week, everything I managed to get a hold of; alot of it from this forum, I filed it in the court as exhibit and filed a copy to the AUSA, and stated that in a letter to the court; that I am suing the DHS, FBI, USCIS, and US Attorney General, and they can eat me alive in court if they want too, but as a Pro Se Plaintiff I wanted to establish records as much as I can to protect myself and fight back in court. I really think that this what helped me the most in this case, and it makes their job almost impossible to finish. For everytime I file an exhibit, they have to answer for it in court or in their response to the court, and to refute almost 50 exhibits + the complaint of 10 pages, I think it is very difficult to do that, specially with the number of cases they have been recieving of this type. So, use their laziness against them, load them with work we all know they would not be able to do, specially when they are working against 60 days deadline, they either finish their job, or give up, and we all know what they do best; of course GIVE UP, they don't want to work!!! One other thing, dont you ever, ever show them that you are worried or weak or soft, show them your balls, and that you are ready for a good old American fight all the way. They will try to scare you away at the biggining, but don't be scared away hold your grounds and fight for your right, prove to them that you deserve this honor of holding the US citizenship.

She also said that they pulled my case to the US Attorney General's HQ. but she wouldnot say why, and she told me that they only allowed 50 expedite name ckeck per month and they managed to get me one in March and my case should be approved by May 26th. So, I am waiting. I also told her that I will not dismiss my case till after I have my naturalization certificate and go apply for a US passport then I will mail out the dismiss motion to court.

I don't want to sound like I have a big ego, but if you have a 1447(b) pending, please try to read my previous posts in this thread, you might find something useful to help you out in your case. and I sincerely wish everybody the best in their endeavors to earn their US citizenship, which is really an honor.

P.S: for the record, I don't think they are discriminating against anybody, I am from Egypt, and my name is the most commom name in the Arab and Islamic world; Mohamed, but I am positive they are just incompetent, even the AUSA said so, that the system is very badly broken in this background issue and they are really working on it. Go figure when ??!!
Click to expand...

Congrats and I'll be digging up all your posts. Although after talking to the assistant district attorney yesterday, I'm not sure they know what they are doing themselves.

Congrats again!

K
 
EGYPTIANCASTLE said:
Thank you everybody for your support. But you know I have been collecting alot of data, cases, and laws about this issue, and this forum helped ... ??!!
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Hello EgyptianCastle:

Kind of like you I too have been collecting a lot of information regarding cases and other relevant info posted here and elsewhere. You bring up a good point about filing exhibits, would it be possible for you to write here in this thread the chronological history of your 1447(b) action, exhibits filed, motions filed/responded to etc? Particularly in your initial pitition to the court - did you use any exhibits (or cite references to) unrelated to your own particular case? Meaning did you cite recent court cases such as Shalan, Angel, Al-Kudsi etc? Did you use any of the OIG reports, news paper clippings etc.

If possible please post your petition (blanked out of course of personal details) and documents you felt were relevant to the movement of your case?

Thank you very much for your inputs and help to others.
 
No more interviews before name check is complete

RealSuperK said:
The easiest solution for them would be to stop scheduling interviews before the name check is in. That would stop the flood of lawsuits. After that short of going away with name checks altogether, the only solution I can see is hiring more people to open up files.
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They heard you. Read this:

http://news.yahoo.com/s/ap/20060426/ap_on_re_us/naturalization_delays

:eek:
 
Last edited by a moderator:
Lawyers afraid ?!

I have been looking for a lawyer to file my case or at least prepare, or look over the documents. Big surprise ! they either are afraid ..."there is no saying what the govt. may do to you!" , ignorant, they are pretty much hanging up when they hear about such a case "no can do" type, or the best, "call later"....wtf :confused:
This is happening in Atlanta area...any thoughts, or ideas ?

Thanks.
 
EGYPTIANCASTLE said:
Thank you everybody for your support.
......
I don't want to sound like I have a big ego, but if you have a 1447(b) pending, please try to read my previous posts in this thread, you might find something useful to help you out in your case. and I sincerely wish everybody the best in their endeavors to earn their US citizenship, which is really an honor.

P.S: for the record, I don't think they are discriminating against anybody, I am from Egypt, and my name is the most commom name in the Arab and Islamic world; Mohamed, but I am positive they are just incompetent, even the AUSA said so, that the system is very badly broken in this background issue and they are really working on it. Go figure when ??!!
Click to expand...

Egyptiancastle,

Congratulations, job well done and Citizenship well deserved.
 
Ralphy said:
They heard you. Read this:

http://news.yahoo.com/s/ap/20060426/ap_on_re_us/naturalization_delays

:eek:
Click to expand...
you know this is a faulse fix tot he whole issue, it doesnt change anything of how the people will be delayed, it just change how they will delay them, and nothing new int he part that they should schedule the interview only after completion of the background, it is what their rules and instrustions said.
but wether they delay the adjudication ot he interview, a court will always have a way of deciding which acceptable and which is not, that is the ground behind the WOM which is the basis on which the AOS applicant are going to court with number just as much as the naturalization cases, it is sad that the USCIS dont want to implement a system that work, insteadthey are playing around, a US governement agency can do better than that.
the real solution to this is to implement a effective system to deal with the real issue, create a comprehensive, and accessible database, hire enough people to do the required work, raise the filing to fee if you need to( some they have done at least twice after 2001) that will make every one happy, and will make the agency more effective, and in turn eliminate or reduce the legal litigation, and there fore the hedeack to the customers(the immigrants) and the federal ourts, and the USCIS, DHS, and the attorney general and local US attorneys, that would be a real solution, anything else will remain nothing more than masking the problem, and shifting it from one form to nother.
and some like this is not hard to come up with, it just require some one who is willing to put an end to this mess, and the time is, because after you have the number of immigration benefits, triple and quadriple, or even more than , the agency will be overwhelmed, and ever more sever problems will arrise.
 
mohamedmohamed said:
you know this is a faulse fix tot he whole issue, it doesnt change anything of how the people will be delayed, it just change how they will delay them, and nothing new int he part that they should schedule the interview only after completion of the background, it is what their rules and instrustions said.
but wether they delay the adjudication ot he interview, a court will always have a way of deciding which acceptable and which is not, that is the ground behind the WOM which is the basis on which the AOS applicant are going to court with number just as much as the naturalization cases, it is sad that the USCIS dont want to implement a system that work, insteadthey are playing around, a US governement agency can do better than that.
the real solution to this is to implement a effective system to deal with the real issue, create a comprehensive, and accessible database, hire enough people to do the required work, raise the filing to fee if you need to( some they have done at least twice after 2001) that will make every one happy, and will make the agency more effective, and in turn eliminate or reduce the legal litigation, and there fore the hedeack to the customers(the immigrants) and the federal ourts, and the USCIS, DHS, and the attorney general and local US attorneys, that would be a real solution, anything else will remain nothing more than masking the problem, and shifting it from one form to nother.
and some like this is not hard to come up with, it just require some one who is willing to put an end to this mess, and the time is, because after you have the number of immigration benefits, triple and quadriple, or even more than , the agency will be overwhelmed, and ever more sever problems will arrise.
Click to expand...

You are right, not only it doesn't change anything to speed up processing, it makes things worse. However, from their point of view, at this point of time they don't have an option but to do that. Why would they expose themselves to more and more lawsuits while trying to figure out how to fix the system? And the only way for them to avoid lawsuits is to avoid interviews until the name check comes in. Obviously they want to stop the bleeding first before operating on the patient.

This being said, now that this issue is going public, hopefully they are gonna start moving FAST on this. The timing is crappy though. With all this illegal immigration stuff going on, general public will just associate the name check issue with illegal immigration and that won't help much.
 
mohamedmohamed said:
i think is it good enough if you file WOF by yourself withpout your husband, increaidn the numbewr of plaintiffs doesnt have any significant, in contrast to the the defendents, every defendent in any cases have some significance, but as for the plaintiff, i think you can one for just yourself, since your husband already have his.
there is at least one that filed in NY, and they won, i have stumbled to it,when i find it i will try to e-mail it to you, but in general the idea, and the refrences are the same regardless of where you file, because it is alla federal law, and federal agencies, therefore you can use any ruling from any other district to support your claim
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Hi, thanks a lot for the reply. One more question: how can I search for the WOM cases that already filed? can I do it online? Thanks!
 
mmz said:
Hi, thanks a lot for the reply. One more question: how can I search for the WOM cases that already filed? can I do it online? Thanks!
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there are several way of doing it
1-one try to see in the district court you are interste din , have a search otion of their websitewhiout yusing pacer, to avoid the cost, some do have that, and yu can search by word, or in association with imigration, or by the 540, which the number of the Wom on the civil cover sheet.
2- by using pacer, (which can be expensive some times) look under the 540 number, and notice that there be too many other cases filed under this title that doeasnt have anything to do with AOS, or immigration.
3- the other option ,( which i think is the best) look through the previous posting, find the names and number of previous cases, and read through the cases analysis and argument, there will be some precedents mentioned, after you have the name of the plaintiffs, and /or the cases number, you can shearh it through pacer, easily , and it only cost $0.08 per page as long as you have a precise search cretaria( name or case number).
but again look through the previous posts, am sure you will find some uselful information,.
 
Hello:)

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 :eek: 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 :)
 
Sorry everyone, was out of town, had a death in the family. So it looks like I am going to court afterall.
 
alisa_0122 said:
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 :eek: 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 :)
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the 1447 is the tatute that says the USCIS have only 120 from the day of the interview to make a decision about a naturalization case, WOM is another statute, or petition( whatever you cal it) used to compel an agent of the USA to perform their duties, mostly used by the green applicants since they dont anything liek 1447.
sure you can use, but but that adds more complication to your arguments, because you have to outline and explain in your argument whateach one of these mean, and why are you using it, and how it have been used in the past, which necessite a specfic construction of a legal document, that isnt necesserily availble.
for exemple if you wer to use 1447, all you have to do is find one that have been filed , and subsitute the fact, and the personal information, and the same with WOF, but if you wanna use both, you have create that complaint, or find one that have been created by another lawyer to use.

PHP: 
Originally Posted by mmz
i looked the southern distric of NY , and only found two case that are still pending, i am attaching what i found here, i hop it help you
 
EGYPTIANCASTLE said:
Thank you everybody for your support. But you know I have been collecting alot of data, cases, and laws about this issue, and this forum helped alot too, it really gave me insight and inspiration to fight. Unlike the last time, the AUSA was very nice to me, and everyone in her office sounded like they are familiar with my case, she said that she is willing to settle this out of court because neither her nor USCIS want to go to court with a case like this for it is imbarecing. I kept sending them exhibits almost every week, everything I managed to get a hold of; alot of it from this forum, I filed it in the court as exhibit and filed a copy to the AUSA, and stated that in a letter to the court; that I am suing the DHS, FBI, USCIS, and US Attorney General, and they can eat me alive in court if they want too, but as a Pro Se Plaintiff I wanted to establish records as much as I can to protect myself and fight back in court. I really think that this what helped me the most in this case, and it makes their job almost impossible to finish. For everytime I file an exhibit, they have to answer for it in court or in their response to the court, and to refute almost 50 exhibits + the complaint of 10 pages, I think it is very difficult to do that, specially with the number of cases they have been recieving of this type. So, use their laziness against them, load them with work we all know they would not be able to do, specially when they are working against 60 days deadline, they either finish their job, or give up, and we all know what they do best; of course GIVE UP, they don't want to work!!! One other thing, dont you ever, ever show them that you are worried or weak or soft, show them your balls, and that you are ready for a good old American fight all the way. They will try to scare you away at the biggining, but don't be scared away hold your grounds and fight for your right, prove to them that you deserve this honor of holding the US citizenship.

She also said that they pulled my case to the US Attorney General's HQ. but she wouldnot say why, and she told me that they only allowed 50 expedite name ckeck per month and they managed to get me one in March and my case should be approved by May 26th. So, I am waiting. I also told her that I will not dismiss my case till after I have my naturalization certificate and go apply for a US passport then I will mail out the dismiss motion to court.

I don't want to sound like I have a big ego, but if you have a 1447(b) pending, please try to read my previous posts in this thread, you might find something useful to help you out in your case. and I sincerely wish everybody the best in their endeavors to earn their US citizenship, which is really an honor.

P.S: for the record, I don't think they are discriminating against anybody, I am from Egypt, and my name is the most commom name in the Arab and Islamic world; Mohamed, but I am positive they are just incompetent, even the AUSA said so, that the system is very badly broken in this background issue and they are really working on it. Go figure when ??!!
Click to expand...
Congratulations EGYPTIANCASTLE for a good fight and win is on the way. I have few questions I will appreciate if you can guide me. I asked the same question to the clerk in the court but he didn't clearly answered my question. My question is that how I can file a document as an exhibit to my case, should I mail this document to court and to district attorney or should I personally deliver it? Can you please explain like what you did when you had to add a document as exhibit to your case.
Also when you said that defendants were served on 6th March, usually defendants receives these mails on different days, I am just confused about specific date that defendants were served. I just filed the PROOF OF SERVICE in the court and send a copy to all defendants and district attorney, can you tell me what should I expect next.
regds
 
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