Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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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.
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.
niceguy_nyus
Registered Users (C)
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.
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.
Last edited by a moderator:
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.
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 12,2011etition under 1447(b)
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
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
New Member
Hi
Is this forum still active? Is anybody here can help me with a pro se law suit?
Is this forum still active? Is anybody here can help me with a pro se law suit?
supertired
Registered Users (C)
hello
What is your problem? I've just filed mine 3 days ago.
What is your problem? I've just filed mine 3 days ago.
Williamzcj
New Member
Hi
Is anybody here
Is anybody here
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cafeconleche
Registered Users (C)
Did you see supertired's reply? What is your question?
supertired
Registered Users (C)
Urgent help
The local CIS received my summon yesterday, today, someone call me to gently ask me that if I am available some time to come there this week, they have some questions about my case, I answer them tomorrow. My question is if they ask me to have the second interview, should I accept that?
Anyone has the same situation like me, I don't know if they will trick me something?
The local CIS received my summon yesterday, today, someone call me to gently ask me that if I am available some time to come there this week, they have some questions about my case, I answer them tomorrow. My question is if they ask me to have the second interview, should I accept that?
Anyone has the same situation like me, I don't know if they will trick me something?
cafeconleche
Registered Users (C)
Well, are there any things in your application that could be a problem?
supertired
Registered Users (C)
It seems to me that they approved my case, the second day from received summon date. But they told me that they had to contact the court to to adjudicate because they lost jurisdiction over my case. I will take the oath letter soon. I will update my timeline later, after many hassles from them, I'm not sure about everything until I hold the certificate of citizenship in my hands.
cafeconleche
Registered Users (C)
You should contact the US attorney responsible for this case and ask him/her if your case is essentially approved, and that they're just waiting for you to jointly dismiss it. I'd do that before you go to the CIS office as they can claim this was your "second interview" and they have another 120 days after THAT to adjudicate your case. Of course, everything could be fine, and they're ready to approve you, but I'm just letting you know what I was warned against when I sued them. For me, it all turned out ok too, but I dealt directly with the US attorney.
supertired
Registered Users (C)
Update about my case: I hope this update will help someone like me, and any suggestion from others is so welcome.
After second interview from local USCIS, right after they received my summon, I were informed that they will contact to US ATTY to make the following step. I came home, and wait over a week, but nothing happens.
Today, I came to infopass appointment, nothing new. My suggestion is don't waste your time with infopass. I hate those guys there, all the answers are the same: WAITING. I asked about the US Atty agent who is responsible for my case, they told me they don't know. I don't know what to do next.
I called US ATTY some times, but all my call transfering to the machine. Today, I faxed to them (I don't have fax machine, and for those like me, use gotfreefax.com), I believe this is the best way to contact US ATTY, because it is so clear about your info and your request, and for me, I don's speak english well, so I am so afraid to talk over phone.
One more problem happens to me, because the local US ATTY who is received my summon directly by me is not the right place, although I got the receipt , later I found out that they don't handle civil cases. I asked them before, but it seems like the clerk outside not sure about her job.
So, the right US ATTY office didn't receive my case by me. So I am doubt if we need to send a extra file to US ATTY.
This is the email I receive from them: You were correctly informed by USCIS that the agency lost jurisdiction over your application for naturalization when you filed your case in U.S. District Court. The usual procedure in a situation like this is that you and the agency (through me) sign an agreement called a stipulation, requesting the court to remand the matter to the agency. The agency will agreed, and will advise the court that, it will issue a decision on your application for naturalization within 30 days after the matter is remanded to the agency. If that is satisfactory for you, I will prepare the stipulation and send it to you by e-mail.
Again, I am about to sign this stipulation, any suggestion from you. Please give me your advice.
After second interview from local USCIS, right after they received my summon, I were informed that they will contact to US ATTY to make the following step. I came home, and wait over a week, but nothing happens.
Today, I came to infopass appointment, nothing new. My suggestion is don't waste your time with infopass. I hate those guys there, all the answers are the same: WAITING. I asked about the US Atty agent who is responsible for my case, they told me they don't know. I don't know what to do next.
I called US ATTY some times, but all my call transfering to the machine. Today, I faxed to them (I don't have fax machine, and for those like me, use gotfreefax.com), I believe this is the best way to contact US ATTY, because it is so clear about your info and your request, and for me, I don's speak english well, so I am so afraid to talk over phone.
One more problem happens to me, because the local US ATTY who is received my summon directly by me is not the right place, although I got the receipt , later I found out that they don't handle civil cases. I asked them before, but it seems like the clerk outside not sure about her job.
So, the right US ATTY office didn't receive my case by me. So I am doubt if we need to send a extra file to US ATTY.
This is the email I receive from them: You were correctly informed by USCIS that the agency lost jurisdiction over your application for naturalization when you filed your case in U.S. District Court. The usual procedure in a situation like this is that you and the agency (through me) sign an agreement called a stipulation, requesting the court to remand the matter to the agency. The agency will agreed, and will advise the court that, it will issue a decision on your application for naturalization within 30 days after the matter is remanded to the agency. If that is satisfactory for you, I will prepare the stipulation and send it to you by e-mail.
Again, I am about to sign this stipulation, any suggestion from you. Please give me your advice.
Urgent question...
Does the FBI name check happen before the interview? So once one if called for the interview, does that mean that the FBI name check is complete?
Also, what are the reasons one would not clear the naturalization interview? In other words, I see a lot of people on this thread filing WOM? What are your reasons that your interview did not clear? Just info so that all us potential folks are better prepared for interview
Thank you, please respond asap
Does the FBI name check happen before the interview? So once one if called for the interview, does that mean that the FBI name check is complete?
Also, what are the reasons one would not clear the naturalization interview? In other words, I see a lot of people on this thread filing WOM? What are your reasons that your interview did not clear? Just info so that all us potential folks are better prepared for interview
Thank you, please respond asap
hi anybody pls respond
Urgent question...
Does the FBI name check happen before the interview? So once one if called for the interview, does that mean that the FBI name check is complete?
Also, what are the reasons one would not clear the naturalization interview? In other words, I see a lot of people on this thread filing WOM? What are your reasons that your interview did not clear? Just info so that all us potential folks are better prepared for interview
Thank you, please respond asap
Urgent question...
Does the FBI name check happen before the interview? So once one if called for the interview, does that mean that the FBI name check is complete?
Also, what are the reasons one would not clear the naturalization interview? In other words, I see a lot of people on this thread filing WOM? What are your reasons that your interview did not clear? Just info so that all us potential folks are better prepared for interview
Thank you, please respond asap
supertired
Registered Users (C)
Update my timeline:
07/28/2012" applying
08/142012: fingerprint
10/10/2012: interview, decision is not made
02/25/2013: lawsuit under 8 USC 1447b
02/28/2013: second interview, informed that they lost the jurisdiction, so I have to wait for their lawyer
03/10/2013: nothing from USCIS, I contacted US atty by fax, 5 minute later, someone contacted me through email, said that they would send me a stipulation, I agreed to sign it. Note that not every US atty working on civil case, first time I sent my case to the local US atty in person, the clerk still accepted it. But later I found out that the right US atty is in L.A. The lesson I withdraw from this incident is that we have to do all the things we can,don't afraid to ask and call, waiting is just the waste of time.
04/02/2013: letter of ceremony
04/16/2013: ceremony
USCIS nightmare is finished.
07/28/2012" applying
08/142012: fingerprint
10/10/2012: interview, decision is not made
02/25/2013: lawsuit under 8 USC 1447b
02/28/2013: second interview, informed that they lost the jurisdiction, so I have to wait for their lawyer
03/10/2013: nothing from USCIS, I contacted US atty by fax, 5 minute later, someone contacted me through email, said that they would send me a stipulation, I agreed to sign it. Note that not every US atty working on civil case, first time I sent my case to the local US atty in person, the clerk still accepted it. But later I found out that the right US atty is in L.A. The lesson I withdraw from this incident is that we have to do all the things we can,don't afraid to ask and call, waiting is just the waste of time.
04/02/2013: letter of ceremony
04/16/2013: ceremony
USCIS nightmare is finished.
Hi guys!
Checkin in again. Can't believe it's been almost 5 years already. Now my time for applying for citizenship. I have not been up to date on what's it like now with N400 applications. I'm sure I'm not the first one asking about travel plans while thinking about when to apply for N-400.
Can you point me to some comprehensive thread or resource regarding travel and timing of applying for N-400?
Also how can I prepare my application so all aspects are covered. Any help is welcome!
Trying to time the application and travel dates, so any help will be appreciated
PS: If you are curious, look me up in this thread and you will find I was a WOMer
Checkin in again. Can't believe it's been almost 5 years already. Now my time for applying for citizenship. I have not been up to date on what's it like now with N400 applications. I'm sure I'm not the first one asking about travel plans while thinking about when to apply for N-400.
Can you point me to some comprehensive thread or resource regarding travel and timing of applying for N-400?
Also how can I prepare my application so all aspects are covered. Any help is welcome!
Trying to time the application and travel dates, so any help will be appreciated
PS: If you are curious, look me up in this thread and you will find I was a WOMer
Last edited by a moderator: