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

Thank you for your response, mohamedmohamed.

I am the primary applicant and my wife is beneficiary.

I understand the the primary application has to be adjudicated before his/her beneficiary applicants. But I heard many terrible stories that sometime the approval of beneficiary applicants is delayed one year or more. My guess is that FBI name check is the culprit.

Well, I think it might be a good idea to file one writ of mandamus for myself first. Then see what happens.


mohamedmohamed said:
I would say you can file one complaint if you one of you is d derivative of the other, because that will mean if the primary petitioner case get approved the all the other derivatives should be automatically approved to, and also it mean that all the facts, and the circumstances are the same too.
the oppsit will be true if you have a different application, and neither one of you is a derivative of the other, then you can file wo different cases.
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Maryland Too

breezyemily said:
Thank you, Mohamedmohamed and It1GM for the example of summon. It was really helpful!

Balti: I'm filling 1447 on 5/12 in Maryland. I wanted to hand deliver the package so that I can get the summon back right away. But I was told by the Greenbelt clerk that they will mail it rather than giving it back right away.

Emily
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Keep in touch, I will be filing in Maryland soon as well. I did go to the court (Baltimore) in March and they did say that summons will be mailed to you.

Balto
 
Background check

Can adjudicating office initiate a background check during or before the interview before making any decision on your application ??

Thanks,
 
boston_case said:
Can adjudicating office initiate a background check during or before the interview before making any decision on your application ??

Thanks,
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That's what they do. My name check has been pending since March '05. My interview was in August '05.
 
boston_case said:
Can adjudicating office initiate a background check during or before the interview before making any decision on your application ??

Thanks,
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what kind of question is this? Of course they can and that is what they are actually supposed to be doing. As a matter of fact, they are not supposed to schedule a naturalization interview till all the background checks are not just ordered but completed.
 
amad said:
Thank You Suzy/mohmed/and Need Solution ,for Your Answers. I'm Going To Try And Amend Wom And Make It A Hearing For Naturlization 1447b If I Can Do That Without Having To Pay The Filing Fees Again...thanKs A Lot
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by the way I believe you need to check with US attorney's office to make sure that they are not opposing your motion to amend your petition. A very good sample case for you that the same thing has happened is "Lamine Zerousal" case. You need to look at that and use it as an example.
 
To: Mohamedmohamed

Do you have any case files where there is an actual summary judgment? I need to file a summary judgment, do you have any example summary judgments filed by attorneys on 1447b cases? could you post them here please?


mmz said:
Thank you so much, mohamedmohamed, for the case files. Sorry to bother you for more questions: (1) for the first case (sny 4.pdf), I don't fully understand this "motion for summary judgement", but it doesn't seem good to the plaintiff. any thoughts?
It seems the deadline is past, any outcome?
(2)Compared to some other case files in previous threads, there are not much case details, is it because the case is still pending?
Thanks a lot!
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Question to Everyone

Does anyone have any case files where there is an actual summary judgment? Does anyone have example summary judgments filed by attorneys on 1447b cases? could you post them here please?
 
Fellow members, you struggled for years obeying the law and trying legally to become American citizens, and others, wrapping themselves in the Mexican flag, are just mocking you, this country and anything is American.
Watch out, this is the end of America as we know it...if we along with other real Americans don't do something to stop this pest invasion :eek:

http://www.immigrationportal.com/showthread.php?p=1414465#post1414465

http://today.reuters.com/news/Artic...01_N26224260_RTRUKOC_0_US-USA-IMMIGRATION.xml

Our American dream to become American citizens may be derailed by these s.o.b.'s and we, or our children, and we may end up in the...U.S. of Mexico :eek: :eek: :eek:
 
needsolution said:
Do you have any case files where there is an actual summary judgment? I need to file a summary judgment, do you have any example summary judgments filed by attorneys on 1447b cases? could you post them here please?
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no, at leats not right now, and havent gotten across anything like that, but i will keep my eyes open is case i did, i will let you know.
 
boston_case said:
If DO is sitting on N400 application waiting for FBI name clearance, how do they act on the application again once the clearance is received.

Is there any way to find out are they really waiting for FBI to get back or
they lost the information at the first place

Thanks is advance

Interview 4/18 (stuck in background check)
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you should be happy that you live oin boston, because that where all this started, and almost always the court will rul in your favour, for once i thought about moving to boston , just to be able to file there, because i know that is alomost a guaranteed win, but i had to give up on that due to work and other conditions.
 
Are you sure?

mohamedmohamed said:
I would say you can file one complaint if you one of you is d derivative of the other, because that will mean if the primary petitioner case get approved the all the other derivatives should be automatically approved to, and also it mean that all the facts, and the circumstances are the same too.
the oppsit will be true if you have a different application, and neither one of you is a derivative of the other, then you can file wo different cases.
Click to expand...

I have a coworker wo is the primary petitioner, and his wife is the derivative petitioner. He was approved and got GC. But his wife is NOT, pending for FBI name check.
 
Eastbayer said:
I have a coworker wo is the primary petitioner, and his wife is the derivative petitioner. He was approved and got GC. But his wife is NOT, pending for FBI name check.
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it could happen, but i am not sure if a the secondary , or derivative benefiary filing for a mandamus is even relevent, before the primary petitioner is approved, because the ground on wiwhich ( the derivative) is eligible for the LPR have not been established, since the prmary petitioner case has not ben approved.
but after the approval of the primary petitioer, then the derivative, can sue for his/her right for WOM. but this remain just my personal point, and i could be wrong.
 
Filing Fee

mmksj said:
Hi,

I hope you can verify what provision states that there is no fee requirement needed to file 1447b. This will help a lot of people to support the free filing statement when they file with the clerk (most of them even don't know what we talk about)

BTW where did you file, is this a CA thing or nation wide?

Thanks for the detailed info.
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I filed in Oakland, CA today. I paid $350. I was told one has to fill out a form, showing financial difficulties in order to have the fee waived.
 
WOM for I-485

The attached file is the WOM format I used to. It was actually posted here
before by other people (Gegemon). As a standard disclaimer, I have to let you know that you use it with caution and at your risk.

The steps are exactly the same as these posted by Publicus at the
beginning of this thread.



George
 
I-485

cbr_139 said:
George

congrats. Do you mind sharing the WOM filing for I-485? Please list down steps that would be helpful to us.

EB1 PD May 04
VSC
I-485 waiting
Stuck in name check
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See the previous post which is for you.


George
 
George1965: Congratulations on your recent victory! You gave me hope!

We filled WOM around the same time (Mine is March 7th). I served my US attorney on March 10th, and sent all other letters via certified mail on March 11th. My defendents have up to May 10th to respond to the case. But so far, no progress. I have two questions for you and any other people on the board, and hope you don't mind sharing:

(1) response of US attorney, or lack of. I called three times to the attorney who was assigned to my case, but she never picked up the phone (always answer machine), and never returned my call. Is this typical? What can I do to get her attention? It seems to me that the attorney I have is a tough one. Should I be concerned that she might make my case worse?

(2) I use the same letter format as you posted here (originally Gegemon's), in which I asked for "jury" if the case has to go on trial. I have not seen any cases go through trial from this board, but am preparing if worse things happen what I should do. Do you think having "jury" would make the the process more favorable to me and why or it really does not matter?

I will update my case progress once I hear. Meanwhile, I would really appreciate any tips from your guys on how if I should do something at this point.
---------------------------------------
Here is my case summary:
PD: I140 filled April 2002 under EB2 China
I140 was approved in March 2003
Filled 1485 April 11th, 2003,
Name check initiation date is May 7th, 2003 (got this information from my congresswoman's office)
Finger print was done March 2004
Four work permits and travel documents were requested since March 2003
 
My I-485 Name check is in pending? can i file lawsuit?

Hello friends,

Please advise me if I can file a lawsuit for FBI name check or not?

Case:

I filed I-485 application in June 2004 after gettin married to US citizen, interviewed in 11/2004 since then I am waiting for FBI Name check clearance.

Can I file a lawsuit when I have only work premit and travel document?
Or my spouse who is citizen should file lawsuit for me?

Please let me know.
Thans
 
Thans: I think your case is like everyone else -- stuck at the name check, so lawsuit is the only way to get it to move. You can file it yourself as Pro Se. Good luck!
 
Questions about "Return of Service"

I filed yesterday at the District Court in Oakland, CA. I prepared separate summon for each defendants, per suggestions from some members on this forum. I was told that I should have only one summon with all the defendants' names and addresses attached. So I got a blank summon and filled it out again at the office. The rest went smoothly, except that I was given a whole bunch of other stuff to serve the defendants:
1. Order setting initial case management conference and ADR deadlines;
2. Dispute Resolution Procedures in the Northern District of California;
3. Instructions for completion of ADR forms regarding selection of an ADR process;
4. Notice of availability of magistrate judge to exercise jurisdiction.

People at the Clerk's office were OK, though not very helpful. I am not sure if it is because they never had prior experience with such kind of petition, or they are not supposed to give defined/straight forward instructions.

I sent the mails out today. Now I have a question: Do I need to wait until I get all the return receipts, before I fill out the "Return of Service" and send it to the Judge/Court? Or I can send the first return receipt, whomever it is from, along with the "Return of Service" to the Judge in order to start the clock asap, and then send the rest later with the Case Number/Copy of the Summon?

A while agowhen I still had hope the the FBI would answer at least one of my inquiries, I sent Michael Cannon a certified letter. The return receipt did not come back until 3 months later. I checked the USPS web. It showed that the mail was delivered within a week.

I appreciate your advice.
 
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