Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
andrew2006
Registered Users (C)
I amended my WOM
I guess today was not happy day for me--I lost lot of money (I am a broker-dealer). Not my money, but... for the heck of it, I stopped by SDNY and told the clerk that I want to amend my WOM. I filed last week, so not bad....
Here is the excerpts, I will attach the whole PDF ASAP.
5. Between November 2005 and March 2006 Petitioner made efforts to contact FBI Record/Information Dissemination Section directly via e-mail and certified letters in order to find out the status of his security checks and a reason for a delay in excess of three years (Exhibit I). There were no replies to these inquiries.
6. While acknowledging the “delay and uncertainty can cause great anxiety,” USCIS stated that the background checks in the process of granting immigration benefits is to “enhance national security and ensure the integrity of the immigration process”. (Immigration Security Checks—How and Why the Process Works, USCIS, April 25, 2006)
7. However, law enforcement and intelligence agencies, including FBI, have the responsibility of “identify(ing) terrorist operatives, dismantling terrorist cells, disrupting terrorist plots and capturing terrorists before they are able to strike” (William E. Moschella, Assistant Attorney General). “For a fraction of cases, slow, inconclusive, or legally inapplicable security check results can cause application processing to stall for months or even years. These delays can interfere with USCIS’ concluding national security and public safety hits with timely denials or referrals to law enforcement.” (A Review of USCIS Alien Security Checks, Department of Homeland Security, Office of Inspector General, November 2005)
8. As of May 12, 2006, more than 1450 days (3 years) after submitting all documents to USCIS, no resolution on Petitioner’s application has been reached so he is filing present Complaint with the Southern District Court of New York. This action challenges only the Defendants’ timeliness in adjudication of Petitioner’s application, not the granting or denial of that application.
9. Petitioner also challenges Defendant’s alleged reason for delay being “national security” as ludicrous. In light of continued terrorist threat, Defendant should either detain all immigrants, whether being legal or illegal, with security checks pending before USCIS until such checks completed, or swiftly finish those checks for all immigrants, in order to safeguard this country and its people.
10. Section 202 (8 U.S.C. § 1571) of the Title II of the American Competitiveness in Twenty-first Century Act of 2000 (AC21) clearly lays down the parameters of reasonableness in immigration adjudication, stating: “…It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application.”
11. Defendants are also required by 5 U.S.C. § 551 “within a reasonable time … to conclude a matter presented…..”
I. GROUNDS FOR RELIEF
12. Defendants, despite having a duty to act within reasonable time, have failed to process and adjudicate Petitioner’s application for permanent residency in a timely manner.
13. Defendant USCIS’ duty to process and adjudicate Petitioner’s application “within a reasonable time” is a non-discretionary duty mandated by federal and judicial precedent.
14. Defendant USCIS’ conduct in failing to process Petitioner’s application and adjudicate his case in a reasonably timely manner has caused unnecessary and injurious delays to Petitioner, in violation of his rights.
15. Defendant USCIS’ explanation for delay as “national security” is illogical and ludicrous.
16. Petitioner has exhausted all administrative remedies available and has determined that no adequate remedy exists.
I guess today was not happy day for me--I lost lot of money (I am a broker-dealer). Not my money, but... for the heck of it, I stopped by SDNY and told the clerk that I want to amend my WOM. I filed last week, so not bad....
Here is the excerpts, I will attach the whole PDF ASAP.
5. Between November 2005 and March 2006 Petitioner made efforts to contact FBI Record/Information Dissemination Section directly via e-mail and certified letters in order to find out the status of his security checks and a reason for a delay in excess of three years (Exhibit I). There were no replies to these inquiries.
6. While acknowledging the “delay and uncertainty can cause great anxiety,” USCIS stated that the background checks in the process of granting immigration benefits is to “enhance national security and ensure the integrity of the immigration process”. (Immigration Security Checks—How and Why the Process Works, USCIS, April 25, 2006)
7. However, law enforcement and intelligence agencies, including FBI, have the responsibility of “identify(ing) terrorist operatives, dismantling terrorist cells, disrupting terrorist plots and capturing terrorists before they are able to strike” (William E. Moschella, Assistant Attorney General). “For a fraction of cases, slow, inconclusive, or legally inapplicable security check results can cause application processing to stall for months or even years. These delays can interfere with USCIS’ concluding national security and public safety hits with timely denials or referrals to law enforcement.” (A Review of USCIS Alien Security Checks, Department of Homeland Security, Office of Inspector General, November 2005)
8. As of May 12, 2006, more than 1450 days (3 years) after submitting all documents to USCIS, no resolution on Petitioner’s application has been reached so he is filing present Complaint with the Southern District Court of New York. This action challenges only the Defendants’ timeliness in adjudication of Petitioner’s application, not the granting or denial of that application.
9. Petitioner also challenges Defendant’s alleged reason for delay being “national security” as ludicrous. In light of continued terrorist threat, Defendant should either detain all immigrants, whether being legal or illegal, with security checks pending before USCIS until such checks completed, or swiftly finish those checks for all immigrants, in order to safeguard this country and its people.
10. Section 202 (8 U.S.C. § 1571) of the Title II of the American Competitiveness in Twenty-first Century Act of 2000 (AC21) clearly lays down the parameters of reasonableness in immigration adjudication, stating: “…It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application.”
11. Defendants are also required by 5 U.S.C. § 551 “within a reasonable time … to conclude a matter presented…..”
I. GROUNDS FOR RELIEF
12. Defendants, despite having a duty to act within reasonable time, have failed to process and adjudicate Petitioner’s application for permanent residency in a timely manner.
13. Defendant USCIS’ duty to process and adjudicate Petitioner’s application “within a reasonable time” is a non-discretionary duty mandated by federal and judicial precedent.
14. Defendant USCIS’ conduct in failing to process Petitioner’s application and adjudicate his case in a reasonably timely manner has caused unnecessary and injurious delays to Petitioner, in violation of his rights.
15. Defendant USCIS’ explanation for delay as “national security” is illogical and ludicrous.
16. Petitioner has exhausted all administrative remedies available and has determined that no adequate remedy exists.
mohamedmohamed
Registered Users (C)
boston court, i among the 1st one in the nation where this type of cases have susceende, in fact i thought about relocating their just to benefit from that, you are very lucky to be in boston.boston_case said:
mohamedmohamed
Registered Users (C)
great job, that way we can track the trend better, thanksbreezyemily said:
mohamedmohamed
Registered Users (C)
only God knows, you are very welcome, again this is what great about this thread, we support and share the information, the good information togetehr, any group effort is always more effective.cuties said:
sam1973 said:
SAM,
I am happy to see that you have also filed your lawsuit against these lazy USCIS officials... I hope these do something about it before it becomes an epidemic... you know what will happen. This is what I think is going to happen:
USCIS Website:
www.USCIS.gov
"Applying for AOS/GC"
SIMPLE 10 STEPS: COST$$$
1) I-485 App $385.00
2) Fingerprints $ 0.00
3) Supporting Evidence (if any left) $ 0.00
4) Interview $ 0.00
5) Writ of Mandamus Lawsuit (Please wait 120-180 days: Do your homework write to Senators/Congress persons/USCIS/DHS/FBI begging them to help you to Expedite your Background Checks") $250-$350
6) File N400 $330.00
7) Fingerprints $ 0.00
8) Supporting Evidence (if any left) $ 0.00
9) Interview $ 0.00
10) 1447(B) AND/OR WOM (Please wait 120 days: Do your homework write to Senators/Congress persons/USCIS/DHS/FBI begging them to help you to Expedite your Background Checks") $250-$350
CONGRATULATIONS!!!
Eastbayer:Eastbayer said:
Beleive me, I wish you were in front me when I was readin your message... Last whole week I was so dissatisfied with my Complaint that I totally created a "Peice of Art"... when every thing was ready i thaught I "DONT WANT TO GIVE THESE SOB's ANYMORE TIME"... whatever will happen I will respond to their answer...
Eastbayer dont worry... just save that amendment file... you may want to use it whole or parts of it in your answer to USCIS's answer (1% chance if they could not get your name check and adjudication on your I485/N400 completed... and send an answer to your complaint to the court...)
Just keep collecting info more info more info... share with us may be we'll add somethings... may be we'll give you some more ideas... I salute Suzy, Mohamed, Publicus, Wonderboy, EgyptianCastle and manymanymany more...
GOOD LUCK!!!
qim said:
QIM,
VERY WELL SAID... SOMETIMES I THINK WE ALL ARE LONG TIME FRIENDS... SOMETIMES I FEEL WE KNOW EACHOTHER FOR YEARS... WE TAKE CARE OF EACHOTHER LIKE BEST OF BEST FRIENDS... I WISH WE HAD A BIG CONSULTANCY FIRM "YOU DONT HAVE TO LAWYER TO STAND FOR YOUR RIGHTS"... PLEASE, KEEP SHARING YOUR THAUGHTS WITH US... YOU NEVER KNOW WHERE SOMEONE WITH BROKEN HEART HELPLESS PERSON READ YOUR 2 LINES AND FEEL THAT YOUR STORY IS JUST LIKE HIS... YOU EXPERIENCED EXACTLY WHAT HE/SHE IS EXPERIENCING... WHEN I USED TO READ PUBLICUS AND ALL THOSE WHO WERE THERE AT THAT TIME... I USED TO FEEL HOW SMALL THIS WORLD IS WHERE THERE ARE MANY PEOPLE WITH SAME KIND OF PROBLEM LIKE MINE... AND IF THEY ARE STRENGTHENING THEMSELVES STANDING TALL FOR THEMSELVES FOR THEIR "RIGHT"... THEN I CAN DO IT TOO...
CONGRATULATIONS...
namecheck_limbo,namecheck_limbo said:
Thank you for trying... I am sure someone with this kind of need will definitly use it... I will if it applies to me... Thank you again... please dont stop giving your input... one must "try" to "acheive"... and also please remember sometimes emails/text messages may seem like little different than listening to real words...
Here is my N-400 case;I have not filled yet. We both (including my spouse) stuck with the same pending FBI background check. I have not had enough time to file 1447b. But I will in few months.
User name District IV Filing Oath
purlban Sacramento 08/14/2005 Not Yet Unknown
User name District IV Filing Oath
purlban Sacramento 08/14/2005 Not Yet Unknown
Updated mine too
Code:
User name District IV Filing Oath
1447
Alaskan Bear
backues Southern Ohio 4/11/05 4/6/06 5/12/2006
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 2/1/05 4/20/06
tsa3400 MA 12/27/05
Last edited by a moderator:
Alaskan Bear
Registered Users (C)
30 days past
I checked with the court on Friday. It is almost 40 days and there is no motion on my case. Hope it is for the best.
Just in the worst case scanario, if I am closer to 60 days still with "a frozen" case in the court, what is my next step? Any advice, please?
I checked with the court on Friday. It is almost 40 days and there is no motion on my case.
Hope it is for the best. Just in the worst case scanario, if I am closer to 60 days still with "a frozen" case in the court, what is my next step? Any advice, please?
Last edited by a moderator:
Alaskan Bear said:I checked with the court on Friday. It is almost 40 days and there is no motion on my case.
Just in the worst case scanario, if I am closer to 60 days still with "a frozen" case in the court, what is my next step? Any advice, please?
After 60 days, motion to enter judgment by default.
sfaizullah
Registered Users (C)
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