Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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I filed my N-400 in late 2003. Within a year or so (don't have all the exacts handy), I got my interview, and took the civic test (passed). Then the name check, and of course still nothing.
I cannot pay attorney fees, so I'll be pursuing this, with a lawsuit, myself. Any ideas, suggestions, DOs, DON'Ts would be greatly appreciated.
I cannot pay attorney fees, so I'll be pursuing this, with a lawsuit, myself. Any ideas, suggestions, DOs, DON'Ts would be greatly appreciated.
I have been told that i can file for N-400 after 3 years of marriage or 5 years of being a PR.
i will research it more and get back with you .
i will research it more and get back with you .
3 years after obtaining permanent residency
8 USC 1430
(a) Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this subchapter except the provisions of paragraph (1) of section 1427 (a) of this title if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse
8 USC 1430
(a) Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this subchapter except the provisions of paragraph (1) of section 1427 (a) of this title if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps
Your case is simple (1447 b). Prepare a complaint, file it, serve it and expect an oath letter within a month or two.
But you could file N-400 application 90 days before the three years period. I knew people who did that. I hope I don't hit name check wall again. That is why I am still on this form and try to learn things. I strongly felt that people here are very helpful and friendly. After all, it become routine to log on this site everyday.
waitinfori130
Registered Users (C)
Thanks for your response. I will go to China next month and I have sent a complaint letter stating that if in 30 days of the receipt of this letter......
So I will wait until the end of April when I return to submit the papers.
This site/thread is very very helpful and gives you confidence to do this Pro Se. You guys are great... I won't single any one person out, but you know who you are
correct
8 CFR 334.2
(b) An application for naturalization may be filed up to 90 days prior to the completion of the required period of residence, which may
include the three-month period of residence required to establish jurisdiction under section 316(a) or 319(a) of the Act.
8 CFR 334.2
(b) An application for naturalization may be filed up to 90 days prior to the completion of the required period of residence, which may
include the three-month period of residence required to establish jurisdiction under section 316(a) or 319(a) of the Act.
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Lazycis,
What's the difference between US attorney and AUSA. I'm under the impression that each district has one US attorney and we normally serve him/her in the complaint. He/She distributes the work to others AUSA later. Am I right or else? Please explain it...
OK-Boy
What's the difference between US attorney and AUSA. I'm under the impression that each district has one US attorney and we normally serve him/her in the complaint. He/She distributes the work to others AUSA later. Am I right or else? Please explain it...
OK-Boy
Thanks for your response. I will go to China next month and I have sent a complaint letter stating that if in 30 days of the receipt of this letter......
So I will wait until the end of April when I return to submit the papers.
This site/thread is very very helpful and gives you confidence to do this Pro Se. You guys are great... I won't single any one person out, but you know who you are
AUSA is the acronym for "Assistant US Attorney". Since a district US Attorney does not bother to work with ordinary people like us, we have to deal with AUSA.
How we gonna serve the local AUSA; I mean thru US Attorney or we need to find out the local AUSA in my district? Thanks,
To anyone in FL thinking of a WOM this might be helpful to you...
12-20-05: USCIS received N-400 App
2-16-06: FP
5-12-06: Interview Date
5-8-06: Received letter that my interview has been descheduled due to FBI name check.
Since May 12th, 2006 I have been in touch with my Congressman. I also wrote to Senators, Governor, USCIS national center, and USCIS local office and got the letters from their offices saying that my name check is still pending with FBI. I also tried to contact USCIS customer service and they don’t have any information available and asked me to contact my local USCIS office for assistance. I made several infopass appointments and went to the local USCIS office and they keep telling me that my name check hasn’t been completed. I also wrote to USCIS Ombudsman in April 2007 and received a letter that my name check is still pending.
Wrote to FL and VP in June 07. Nothing.
File WOM through attorney in Orlando - 07/07
After all the back and forth, Motion to dismiss, and all, we finally had an evidentiary hearing in feb of 2008
Judge ruled in our favor and granted mandamus releif and asked USCIS to expedite name check
03/10/08 - Interview passed
waiting for oath letter...
12-20-05: USCIS received N-400 App
2-16-06: FP
5-12-06: Interview Date
5-8-06: Received letter that my interview has been descheduled due to FBI name check.
Since May 12th, 2006 I have been in touch with my Congressman. I also wrote to Senators, Governor, USCIS national center, and USCIS local office and got the letters from their offices saying that my name check is still pending with FBI. I also tried to contact USCIS customer service and they don’t have any information available and asked me to contact my local USCIS office for assistance. I made several infopass appointments and went to the local USCIS office and they keep telling me that my name check hasn’t been completed. I also wrote to USCIS Ombudsman in April 2007 and received a letter that my name check is still pending.
Wrote to FL and VP in June 07. Nothing.
File WOM through attorney in Orlando - 07/07
After all the back and forth, Motion to dismiss, and all, we finally had an evidentiary hearing in feb of 2008
Judge ruled in our favor and granted mandamus releif and asked USCIS to expedite name check
03/10/08 - Interview passed
waiting for oath letter...
Almost at the end of GC road...
Friends,
I almost forgot to acknowledge the posters on this thread with the immense amount of information, assistance, and encouragment. My name check had been pending since September 2006 and I was seriously contemplating filing a WOM. I had been reading through this thread quite a bit and on one of these days, Feb 07 2008 to be precise, I read the words of hope from lazycis "Finally, the decisive victory for all us sufferers!" (Post 15468, Page 516). First I had no clue what the heck he means by it (I admit, it took me a while to come out of the abyss of hopelessness), but once the reality hit, I immediately ran to my wife (she's a citizen) and told her that we are definitely taking the trip back home this year which we couldn't do last year due to pending name check. Trust me, this had a LOT of sentimental value as well!!
Once again, keep up all the good work. lazycis, jefkorn, wom_ri, duggils1, assur, and others.... this thread has given us a sense of community and that is what strengthens us since as individuals, we'll always live in shades of fear before taking a strong action such as WOM.... Thanks to you all.
Friends,
I almost forgot to acknowledge the posters on this thread with the immense amount of information, assistance, and encouragment. My name check had been pending since September 2006 and I was seriously contemplating filing a WOM. I had been reading through this thread quite a bit and on one of these days, Feb 07 2008 to be precise, I read the words of hope from lazycis "Finally, the decisive victory for all us sufferers!" (Post 15468, Page 516). First I had no clue what the heck he means by it (I admit, it took me a while to come out of the abyss of hopelessness), but once the reality hit, I immediately ran to my wife (she's a citizen) and told her that we are definitely taking the trip back home this year which we couldn't do last year due to pending name check. Trust me, this had a LOT of sentimental value as well!!
Once again, keep up all the good work. lazycis, jefkorn, wom_ri, duggils1, assur, and others.... this thread has given us a sense of community and that is what strengthens us since as individuals, we'll always live in shades of fear before taking a strong action such as WOM.... Thanks to you all.
Original complaint is served to your district US Attorney. In a month or so, AUSA will be assigned to your case and will appear as government attorney. From that point on, you deal with AUSA.