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

zhongjian said:
Michael,
Thanks for your reply.

I called US atty's office, the receptionist answered , he told me that no AUSA assigned to my case yet, he said one of the summon is out ( I don't know what's this mean) and ask me call the court clerk, he is not helpful. I also told him that the answer to due is on 7/17/2015, he seems like don't understand what's going on. The US atty's receptionist don't even transfer my call to someone will help.
when I filed my return receipt at court office, the clerk told me that US atty's office will receive electric copys. I don't need to send anything to them.

should I keep calling them until someone will help me?
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Q1 :- Did you deliver summon by certified USPS Mail ? When was it received ?
Q2 :- Can you share which District office has the jurisdiction of your case ?
Q3 :- Did you try calling the Civil Division instead of the General Office Number ?
Q4 :- Did you check your case on PACER and if an AUSA was assigned to your case ?
 
Michael Smith said:
Q1 :- Did you deliver summon by certified USPS Mail ? When was it received ?
Q2 :- Can you share which District office has the jurisdiction of your case ?
Q3 :- Did you try calling the Civil Division instead of the General Office Number ?
Q4 :- Did you check your case on PACER and if an AUSA was assigned to your case ?
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Yes, the last defendant received it on May 18th. My case has jurisdiction in the Southern district of Ohio, Dayton office. I called the Dayton office, but I haven't checked PACER since I had also called the clerk of courts and was told that no AUSA had been assigned yet (the Dayton office said the same thing.).
 
Michael Smith said:
Questions :-
Why did you agree to 60 days ? 30 days would have been fine ! Similar to my case, the AUSA normally is not told the outcome of any USCIS decision, but only given the timeframe for adjudication, which can (possible) also lead to denial for absurd reasons. You should have probably refused the stipulation and hold your ground taking them to court instead. The IFS and BUTS are more a cause for concern and stress - I don't blame you. In my case too, the AUSA sounded so pleasant and assuring about the potential for positive outcome and you know the rest of the story. Hope you don't go through the same ordeal !
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Michael,
Did you do interview after stipulation?
When they deny your case, do you need to leave the country or you can still live with your green card?
 
There's always the risk of a denial, so if you're unsure, you can go to court. It'll be a hassle, but if you're ready to deal with it, go for it.

In my case, before we dismissed, I got an assurance that my case was approvable after a second interview. Luckily, it turned out to be true. Plus, it's better to email your AUSA and have written records of your communication, so you can always use this in court if necessary, like if you are misled.

If your naturalisation application is denied, you will NOT lose your permanent resident status unless you are denied for a reason that would also mean your green card was issued in error (I think), or if they find out you lied to get your green card.
 
NIW-WOM - You stated earlier that you pushed back on Interview ? I did not get that - Are you referring to Interview or Adjudication timeframe ?? That does not guarantee that there will be a second interview or Adjudication will be Positive. The Stipulation is to protect themselves and not YOU and to save them litigation expenses and in the end to get them off the hook.

Did you do interview after stipulation? - The Outcome has to be delivered within 30 days in my case.

When they deny your case, do you need to leave the country or you can still live with your green card? - Scroll up, I already gave the reasons why and I had to file N-336 which could have easily been resolved in Court or by RFE or a 2nd interview. Now the wait is longer than what could have easily been settled quickly in court and am still under the mercy of USCIS.
 
Michael Smith said:
The 120 days countdown has begun ! Hope you hear some positive news soon !
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Hi Michael,

Thank you. I hope so too, but I doubt it. Doesn't look like they are going to do anything to push FBI for the name check. They just conduct the interview to avoid my WOM.
By the way, I was told that I will be doing oath at local court, since I am changing my name. Am I understanding right? I will not need to go back to USCIS local office? The earliest one at the court is August, and maybe November. I haven't heard anything.

All I can do now is still waiting for a mail from USCIS? And also get ready for the 1447(b) filing.
 
zhongjian said:
Hello everyone,
I have filed 1447(b) on 05/12/2015
summons mailed the same day.
Deadline to response on 07/17/2015.

So far, no update. Should I call US atty office? or I should wait another 2 weeks to call them?
Please help.
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Hi Zhongjian,

Hope you hear good news soon.

I am getting ready to file 1447(b). Did you use the sample documents on here? Did you file your 1447(b) electronically. I am trying to figure out how to file 1447(b).

Thanks!
Jarek
 
jarek said:
Hi Zhongjian,

Hope you hear good news soon.

I am getting ready to file 1447(b). Did you use the sample documents on here? Did you file your 1447(b) electronically. I am trying to figure out how to file 1447(b).

Thanks!
Jarek
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Hi Jarek,

I use the sample here, and find some other example on internet. I went to the court office filed my 1447(b).

Are you Chinese? me too.
 
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Also I called AUSA today, she told me that she will file a motion try to remand my case back to USCIS. She will be file on Friday or next Monday.
I guess that I'm not lucky.

Anyone have some issue?
 
zhongjian said:
Also I called AUSA today, she told me that she will file a motion try to remand my case back to USCIS. She will be file on Friday or next Monday.
I guess that I'm not lucky.

Anyone have some issue?
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Luck is on your side. USCIS obviously lost jurisdiction once you filed the court case. Now the ball is in their court - either approve or deny or ask for additional time. Remanding the case back to USCIS is what the Court is authorized to do with a deadline date, not the AUSA. Remember USCIS was given 120 days by law to adjudicate the case, and obviously failed in respecting the deadline date. You should let the court adjudicate if you are 100% sure, USCIS has nothing against you. All other means leads to unnecessary delays.
 
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Michael Smith said:
Luck is on your side. USCIS obviously lost jurisdiction once you filed the court case. Now the ball is in their court - either approve or deny or ask for additional time. Remanding the case back to USCIS is what the Court is authorized to do with a deadline date, not the AUSA. Remember USCIS was given 120 days by law to adjudicate the case, and obviously failed in respecting the deadline date. You should let the court adjudicate if you are 100% sure, USCIS has nothing against you. All other means leads to unnecessary delays.
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Michael,
Thank you for reply.
AUSA filed motion to dismiss my case yesterday, I haven't receive their copy yet. But I find out on the website the AUSA claims that Lack of Jurisdiction as to FBI, maybe because FBI is one of my defendant?
If so, can I remove FBI from my defendant? I'm guessing that my name check is completed or they just claim I can't sue them.
Please help.
Thanks again!!!
 
zhongjian said:
Michael,
Thank you for reply.
AUSA filed motion to dismiss my case yesterday, I haven't receive their copy yet. But I find out on the website the AUSA claims that Lack of Jurisdiction as to FBI, maybe because FBI is one of my defendant?
If so, can I remove FBI from my defendant? I'm guessing that my name check is completed or they just claim I can't sue them.
Please help.
Thanks again!!!
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I think if you scroll up, you will see that you can jointly file a motion to dismiss your case if USCIS promises to approve your case, or else you can refuse to dismiss the case. Let the Courts handle it, if there is no hope in sight. FBI being a defendant is being represented by AUSA and should provide a deadline date to AUSA. You should let the courts handle this.
 
Michael Smith said:
I think if you scroll up, you will see that you can jointly file a motion to dismiss your case if USCIS promises to approve your case, or else you can refuse to dismiss the case. Let the Courts handle it, if there is no hope in sight. FBI being a defendant is being represented by AUSA and should provide a deadline date to AUSA. You should let the courts handle this.
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I will prepare Memorandum in opposition motion to dismiss when I revived the copy of their motion. I listed FBI because when I contacted my local congressman that USCIS respond saying my security check still pending.
I have to look what BS they use first, but I will keep fighting.
 
Yes, try to get an indication IN WRITING (email or post) that your application is approvable. This is what I got, without which I would NOT have consented to a joint motion to dismiss.

Michael Smith, did you ever get your official denial in the post? What did they say?
 
cafeconleche said:
Yes, try to get an indication IN WRITING (email or post) that your application is approvable. This is what I got, without which I would NOT have consented to a joint motion to dismiss.

Michael Smith, did you ever get your official denial in the post? What did they say?
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the AUSA already filed a motion to dismiss my case, i don't think that she will make a agreement.
I will try to call her again when I get the copy of their motion.
Did your AUSA filed motion to dismiss or AUSA ask you dismiss your case?
Your AUSA is better I guess.
 
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He asked to jointly dismiss. It said that if CIS didn't adjudicate within a month of dismissal, then the case could go to the judge (I think). I was just very pushy, but maybe he was also a decent chap. Interesting fact - the US attorney for my district was Loretta Lynch, the now-Attorney General.
 
I got the copy of motion to dismiss, AUSA ask drop off FBI as a defendant cuz USCIS revived my name check June 2014. If in this case I will agree to dismiss FBI as a defendant. USCIS saying there are more security check need to be done, sounds like bullshit. And said there are many people waiting for more than 1 years still no decision being made, that my case is only 4 month passed the 120 days.

what other security check need to be done? I thought if FBI completed my name check everything else should quick.
 
zhongjian said:
I got the copy of motion to dismiss, AUSA ask drop off FBI as a defendant cuz USCIS revived my name check June 2014. If in this case I will agree to dismiss FBI as a defendant. USCIS saying there are more security check need to be done, sounds like bullshit. And said there are many people waiting for more than 1 years still no decision being made, that my case is only 4 month passed the 120 days.

what other security check need to be done? I thought if FBI completed my name check everything else should quick.
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I think this motion is really stupid. I can write even better one than her.
 
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