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

moody22 said:
Today I received a letter from MR.Glen Scott, assistant section chief-national name check program/ records management division.

The letter is a response for the letter I sent to Mrs. Bush last May, concerning the delay in my N-400 DUE TO NAME CHECK delay.

It says: a review of the FBI’s name check program database revealed that your request was received from the USCIS on 7/ 26/ 04”ONLY 20 DAYS AFTER I APPLIED”, and it was processed and finalized 7/27/04”next day they received the request from CIS”, The results were forwarded to the UDCIS headquarters, W.DC.

Eventually these pastards at the CIS are laying to me for more than two years now.

They cancelled 2 interviews for me, have me waiting and suffer from extreme hardship, since each time I went to them, they simply said: your security background check is pending, and we can’t proceed in your application.

What your guys opinion regarding theses Sob’s, and what should my next step looks like.

Regards, Moody

Moody,

It's glad to see you got a response from FBI. They are a few possibilities which USCIS messed up your application.
1. USCIS involves other security checks besides FBI name check and fingerprint. Usually, USICS internal security checks are relative easy, don't cause the delay for your case processing.
2. FBI finalized your name check two years ago, but USCIS didn't receive the result, at least they didn't put the result in their system.

I know you already have a case in a Federal Court. You can sent the FBI letter to your US attorney, ask him/her to find why cause the delay, and complete all process.
Good luck. Fight will win, otherwise, wait for forever.
 
LegalAlien99,

Yes, I agree with you. File 1447(b) complaint pro se and don't hire a lawyer. I hope you can get you citizenship as your Christmas gift. May God bless us all.

syt

P.S. I use my Mac PowerBook G4 to prepare my lawsuit. I like Mac. :rolleyes:


LegalAlien99 said:
Dear Jack,

So you have ultimately decided to hire a lawyer for 1447(b)? If I get to that point in October, I will surely file Pro Se. To make the entire process less stressful, I will drive down to the U.S. District Court House the week after next to gather all the necessary information/documentation.

I will prepare the lawsuit on my Mac while I am in Europe (8/19 thorough 9/9) and do some finishing touches upon my return. This way, I can relax a little for the rest of September and simply file the lawsuit on October 19th, 2006.

Cheers!

Legal
 
lotechguy,

We just have a new winner "zzyxy" from Northern California. He/she filed 1447(b) right after 120 day from initial interview.

syt


lotechguy said:
Legal,
I talked to a lawyer today. He says call me in 1 year if you are still pending. He said depending on the court and the judge they may remand it right back to USCIS if its just 120 days etc. The trick is to get a sympathetic AUSA and a court that has shown sympathy for people like us. I would say study your court's record. I think southern Cal is the best now. Midwest may not be. Is it possible to directly approach the US attorney's office in our district and talk to a AUSA about our intennt and see if they can help speed things any without a law suit? Just an idea
 
To Eastbayer

Hi US Citizen,

I think you disappeared. I am so happy you don't forget these guys have some difficulty to become US Citizen.

syt

 
Syt

syt said:
Hi US Citizen,

I think you disappeared. I am so happy you don't forget these guys have some difficulty to become US Citizen.

syt

I come back once for a while, simply want to see more people succeed. I also hope eventually we can somehow force changes to USCIS/FBI/Congress etc. Since I am not a guru, I can only answer some very simple questions. But I'll do my best.
 
Thank you so much :)

Eastbayer said:
I come back once for a while, simply want to see more people succeed. I also hope eventually we can somehow force changes to USCIS/FBI/Congress etc. Since I am not a guru, I can only answer some very simple questions. But I'll do my best.
 
Eastbayer, Jeta and other Nor Cal filers

I filed WOM today in Nor Cal. Along with the summons they gave me a lot of documents, these are the docs i got -
1. Civil cover sheet with case # and ADR written on top.
2. Summons.
3. Order setting initial case management conference and ADR deadlines. (2 copies)
4. Standing order Regarding Pretrial preparation (2 copies)
5. Standing order Regarding Case Management in Civil Cases (2 copies)
6. Filing Process Guidelines
7. Hearing schedules.
8. Fee schedule summary.
9. Prohibition of Bias.
10. ECF Registration Information
11. Pro se hand book.


What do I need to send AUSA and all defendants?

Has anyone gone through the process of Alternative dispute resolution?

Thanks.
 
Jeta said:
Moody,

It's glad to see you got a response from FBI. They are a few possibilities which USCIS messed up your application.
1. USCIS involves other security checks besides FBI name check and fingerprint. Usually, USICS internal security checks are relative easy, don't cause the delay for your case processing.
2. FBI finalized your name check two years ago, but USCIS didn't receive the result, at least they didn't put the result in their system.

I know you already have a case in a Federal Court. You can sent the FBI letter to your US attorney, ask him/her to find why cause the delay, and complete all process.
Good luck. Fight will win, otherwise, wait for forever.

Hi Jeta, thanks for your replay.

I will go to them Monday, and see what other pullshit they have for me.

These bastards are punch of MF's, they are totally unresponsible people at all. they need to restructure this whole organization, and get rid of all these retarded assholes.

I'm really angry, as they was always blame the FBI for the delay, and they are the real bastards. :mad: :mad:

Regards,

Moody
 
moody22 said:
Hi Jeta, thanks for your replay.

I will go to them Monday, and see what other pullshit they have for me.

These bastards are punch of MF's, they are totally unresponsible people at all. they need to restructure this whole organization, and get rid of all these retarded assholes.

I'm really angry, as they was always blame the FBI for the delay, and they are the real bastards. :mad: :mad:

Regards,

Moody

Moody, there might be a 15-month limit on security check validity. If it is the case, you should have a second name check.
 
On the pro se handbook the court gave to you, follow the instruction on page 35 and 38 and you willl be fine.

hate140delay said:
I filed WOM today in Nor Cal. Along with the summons they gave me a lot of documents, these are the docs i got -
1. Civil cover sheet with case # and ADR written on top.
2. Summons.
3. Order setting initial case management conference and ADR deadlines. (2 copies)
4. Standing order Regarding Pretrial preparation (2 copies)
5. Standing order Regarding Case Management in Civil Cases (2 copies)
6. Filing Process Guidelines
7. Hearing schedules.
8. Fee schedule summary.
9. Prohibition of Bias.
10. ECF Registration Information
11. Pro se hand book.


What do I need to send AUSA and all defendants?

Has anyone gone through the process of Alternative dispute resolution?

Thanks.
 
nobigdeal said:
Moody, there might be a 15-month limit on security check validity. If it is the case, you should have a second name check.

Hi Nobigdead,

The 15 monthes validity involves only the fingerprint results, not the name check.

They are (CIS)the reason for the delay in my naturalization by thier incompetence and laziness, nobody else.

I will go to them next Monday, and ask for thier stupid supervisor to tell me what's the hell is going on.

Last time i met him in March he was so argnt, and told me they already asked for expidite background security check for my application. obviously he dosn't know what he's talking about since my name check was already finished 2 years ago.

I know for sure that the IBSC was completed long time a go too, since i had my I-751 approved last septmber"after 2.5 years from filing it", and IBSC is required for the I-751.

So what else"beside thier stubidity" they have for me, anybody can think of any other thing??

Regards,

Moody
 
Going to dismiss my case, need suggestions on draft

Following the suggestions of AUSA and gurus of this thread, I am going to file dimissal motion early next week. Please help me check the dismissal draft. I got a template from AUSA, and I modified it with suggestions from Haddy. I pasted both version at below.

I have one more questions about current status of my complaint. I haven't filed Proof of Serivce yet (I am a bit lazy, but we have 120-day to serve defendants). I guess it doesn't matter now because I am going to dismiss the case. Is that right?

Today, I also asked AUSA whether the quick resolvement of my case is due to her help or just happened by itself. She said she didn't send any expedite request to USCIS. It looks like that I am just lucky.

OK, here is the dismissal templates:
AUSA's version:
On June 5, 2006, Plaintiff filed a complaint for a writ of mandamus, seeking adjudication of his application for adjustment of status. On June 28, 2006, Plaintiff's application was approved. Accordingly, Plaintiff has received the relief he sought, and hereby voluntarily withdraw his complaint.

My version
On June 5, 2006, Plaintiff filed a complaint for a writ of mandamus, seeking adjudication of his, as well as his wife’s, application for adjustment of status (AOS). One June 28, 2006, Plaintiff’s AOS application was approved, 23 days after filing this complaint. Plaintiff’s wife’s case is still under process. Since Plaintiff’s wife is not listed as a plaintiff, Plaintiff hereby requests the court to dismiss this complaint as moot without prejudice.

Thanks in advance for your suggestions.
 
Hello

Hello all,
guy's .. What is the different between Magistrate judge and District judge, and who is the best of handling immigrations cases?

Thanks all
 
update on my case

Hi all,

Have not been here for a while. My 60-days deadline is approaching (on August, 1st), but there is still no news. Talked to US attorney right now. He said that as for July 14th my name check has not been cleared. He will file an answer on August 1st. He said that I have no actions to do now, and the next deadline is August 23rd, when we could discuss what are the other options to resolve the case.

I'm a little bit worried. As I got from other cases, the typical scenario is when attorney is asking for extension. Which he did not. I'm going on vacation next week and will be in complete wilderness for two weeks with no access to phone or internet (backpaking trip in Siera Mountains). I'm afraid if I could
miss some important event on my case which will require some action from
me. Attorney said that I'm fine, just call him on Aug, 18 when I'm back.

Any thoughts/advices?

Thanks a lot.
 
Mr LA said:
Hello all,
guy's .. What is the different between Magistrate judge and District judge, and who is the best of handling immigrations cases?

Thanks all

Mr.LA

Magistrate judge is some sort of associate judge, not the federal district judge himself. Read on. Hope it helps. Why are you asking?

Federal judicial system
In the United States federal court system, "magistrate judges" are appointed by the life-term federal district judges of a particular court, serving terms of eight years if full-time, or four years if part-time, and may be reappointed. Magistrate judges issue warrants, handle lesser criminal cases, arraignments, sentencing, non-death penalty habeas corpus cases, social security appeals, and certain kinds of civil cases. Felonies are typically handled by district judges, as are civil jury trials unless all of the parties to a case agree that the magistrate judge may preside over it. All decisions of a magistrate judge are subject to review and either approval, modification or reversal by a district judge of that court, except in civil cases where the parties consent in advance to allow the magistrate judge to exercise the jurisdiction of the district judge.

Magistrates did not exist in U.S. federal courts until 1968, when the office of "United States commissioner" was restructured and renamed to allow district judges to focus on major cases, with lesser matters handled by magistrates. Magistrates' titles changed again in 1990, when they became "magistrate judges," symbolizing the ever-increasing importance of their work. The system has worked relatively well in the last 30 years, and has tended to shift the Federal courts' caseload to the desired balance. Some legal observers have criticized the increasing powers of magistrate judges, who are neither appointed by the President of the United States nor confirmed by the United States Senate. Nevertheless, with the caseload of the Federal courts increasing steadily, it is likely that magistrate judges will continue to wield considerable authority.
 
dks35 said:
Mr.LA

Magistrate judge is some sort of associate judge, not the federal district judge himself. Read on. Hope it helps. Why are you asking?

Federal judicial system
In the United States federal court system, "magistrate judges" are appointed by the life-term federal district judges of a particular court, serving terms of eight years if full-time, or four years if part-time, and may be reappointed. Magistrate judges issue warrants, handle lesser criminal cases, arraignments, sentencing, non-death penalty habeas corpus cases, social security appeals, and certain kinds of civil cases. Felonies are typically handled by district judges, as are civil jury trials unless all of the parties to a case agree that the magistrate judge may preside over it. All decisions of a magistrate judge are subject to review and either approval, modification or reversal by a district judge of that court, except in civil cases where the parties consent in advance to allow the magistrate judge to exercise the jurisdiction of the district judge.

Magistrates did not exist in U.S. federal courts until 1968, when the office of "United States commissioner" was restructured and renamed to allow district judges to focus on major cases, with lesser matters handled by magistrates. Magistrates' titles changed again in 1990, when they became "magistrate judges," symbolizing the ever-increasing importance of their work. The system has worked relatively well in the last 30 years, and has tended to shift the Federal courts' caseload to the desired balance. Some legal observers have criticized the increasing powers of magistrate judges, who are neither appointed by the President of the United States nor confirmed by the United States Senate. Nevertheless, with the caseload of the Federal courts increasing steadily, it is likely that magistrate judges will continue to wield considerable authority.

I thank you my lucky friend for answering ;)
 
485niw2005 said:
On the pro se handbook the court gave to you, follow the instruction on page 35 and 38 and you willl be fine.
Thanks 485niw2005, I will go through it once more, did you submit only summons?

Also what did you put in your "Nature of Suit" in civil cover sheet?
 
moody22 said:
Today I received a letter from MR.Glen Scott, assistant section chief-national name check program/ records management division.

The letter is a response for the letter I sent to Mrs. Bush last May, concerning the delay in my N-400 DUE TO NAME CHECK delay.

It says: a review of the FBI’s name check program database revealed that your request was received from the USCIS on 7/ 26/ 04”ONLY 20 DAYS AFTER I APPLIED”, and it was processed and finalized 7/27/04”next day they received the request from CIS”, The results were forwarded to the UDCIS headquarters, W.DC.

Eventually these pastards at the CIS are laying to me for more than two years now.

They cancelled 2 interviews for me, have me waiting and suffer from extreme hardship, since each time I went to them, they simply said: your security background check is pending, and we can’t proceed in your application.

What your guys opinion regarding theses Sob’s, and what should my next step looks like.

Regards, Moody
As I mentioned earlier... there was another instant where the FBI had already finished the name check and USCIS due to their dis-connectivity in their systems or error in inputting data in your file under your name is the cause of this type of b/s... use this letter in your lawsuit... these f**king ediots think that they are GODS and sit on innocent people files forever and earn their filing fees... I would also send another letter to Mrs. Bush with this attachment and request her to do something for you on this matter... I beleive they will be able to help you... Good Luck!!!
 
nobigdeal said:
Moody, there might be a 15-month limit on security check validity. If it is the case, you should have a second name check.
nobigdeal... namechecks do not have 15 months limit... fingerprints have... Moody just worry about convincing some people to help you with getting these b/s USCIS people to finish your case...
 
moody22 said:
Hi Nobigdead,

The 15 monthes validity involves only the fingerprint results, not the name check.

They are (CIS)the reason for the delay in my naturalization by thier incompetence and laziness, nobody else.

I will go to them next Monday, and ask for thier stupid supervisor to tell me what's the hell is going on.

Last time i met him in March he was so argnt, and told me they already asked for expidite background security check for my application. obviously he dosn't know what he's talking about since my name check was already finished 2 years ago.

I know for sure that the IBSC was completed long time a go too, since i had my I-751 approved last septmber"after 2.5 years from filing it", and IBSC is required for the I-751.

So what else"beside thier stubidity" they have for me, anybody can think of any other thing??

Regards,

Moody
No we can't think of anything else these sob's can do... your case should be done on priority bases... and that is it... I am angry too... these whole uscis employees should be fired...
 
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