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

[buggin]

Guys this is another update after the one i did 10 minutes ago...
As it turns out i check my mail and i see a letter for 2nd fingerprinting on 06/15/06 in two days. the letter was mailed 2 days after the AUSA was assigned and 1 week after the defendants were served...

Wow! It looks like you are getting there... You may jump through a lot of rediculous hoops and loops in between, but you will eventually get there.
It just seems that there is no communication between USCIS, FBI, US Atty's Office, etc. No wonder, our files get stuck somewhere...

 

[kabi24]

This is my question, is it appropriate to contact USCIS (via InfoPass or letter) after one files lawsuit? Earlier on I remember seeing a post which stated that only interact with the Attorney assigned to your case.

you're right about not meeting the uscis, but as you could read from Mohammed*2 it is ok. i mean what are they going to say no we can't talk to you. i doubt it they'll probably just let you know what they are doing. also find the US attorney's information officer's office email and try emailing... that might work. go to their website and browse it all the way.

 

[kabi24]

Wow! It looks like you are getting there... You may jump through a lot of rediculous hoops and loops in between, but you will eventually get there.
It just seems that there is no communication between USCIS, FBI, US Atty's Office, etc. No wonder, our files get stuck somewhere...

Yeah looks like it's going at a fassst pace now.... i haven't had anything new for a while so this is good. i am not sure if the AUSA called the USCIS or the USCIS is starting to do it's job after it was served... who knows, but i know for a fact that N-400 cases here in seattle don't take long..
One thing though, i am looking at your timeline. and i am thinking the best thing is that you contact the AUSA ASAP don't waut till the 31st. check pacer and see if an attorney was assigned.. if not email/call them to inquire every so often., they might not even assign your case to anyone till the last minute .. so stay on top of it.. emailing worked well for me avoiding any confrontation...
good luck

 

[buggin]

i know that it is probably going to take till monday , or thuesday next week, because they probably waiting on the US attorney in charge of my case, who is on vaccation till th 19th, but after that i think it is over.
so just wish me good luck, this stuff you cant be sure off untill you have it in your hands.

Mohamedx2, I think you are very close to your victorious day. I wish you good luck and wish you to get approved early next week. Your persistence is paying off.

 

[buggin]

Yeah looks like it's going at a fassst pace now.... i haven't had anything new for a while so this is good. i am not sure if the AUSA called the USCIS or the USCIS is starting to do it's job after it was served... who knows, but i know for a fact that N-400 cases here in seattle don't take long..
One thing though, i am looking at your timeline. and i am thinking the best thing is that you contact the AUSA ASAP don't waut till the 31st. check pacer and see if an attorney was assigned.. if not email/call them to inquire every so often., they might not even assign your case to anyone till the last minute .. so stay on top of it.. emailing worked well for me avoiding any confrontation...
good luck

Yes, you are right. I need to start bugging the US Atty's office. I checked on PACER and didn't see any atty assigned to my case. I'll try to call and e-mail; we'll see how it'll go. I just hope I'll get my case resolved by the end of July as I have a trip to Europe in Aug. Otherwise, I need to get a Shengen visa (a whole other headache). I'll keep posting on the progress of my case.
Thank you for advice.

 

[kabi24]

I met him today in his office. He felt surprised to know that USCIS can request expedite name check result when he saw the document of USCIS memo regarding name check expedite criteria ( I did not include it in my original complaint, which could be a mistake). He was nice. He originally planned to file the motion to dismiss. But after the meeting today, he said he learned the story of the other side. He also said he "will talk to the lawyer in USCIS to ask them more questions and may take different approach to my case". Do you guys think it is a good sign?

This is definitely a good sign, like many lawyers some AUSA are not aware of USCIS methods and procedures, this AUSA might be misled just like us... i know that the AUSA assigned to my case delt with this kind of cases before so, she already knows what uscis can do... so he'll probably get back to uscis and try to get this taken care of since he probably doesn't want to lose it anyways...

 

[Dubu]

Is he the guy you are talking about?

Peter L. Darvin
Peter Darvin
Portland, Maine
(Cumberland Co.)

AV Peer Review Rated

Born 1957; Admitted 1983; State University of New York at Binghamton, B.A.; George Washington University, J.D.

Yes, you are right on the money. That's the dude!

 

[gzmbk1]

return of service

Have a quick questions
Today I found out that all the defendants have been served.
I've got 2 green slips on the mail still waiting for 4.
Now I've noticed that some of you didn't wait for the green slips and sent out a print out of the tracking number from the usps.

My question is the print out acceptable in all states? In the MD return of service instructions, it tells you to send out that green slips and form to the district court.

I've also noticed some people sending a copy of the return of service to the US attorney. Is that necessary?
I cannot see any reference in the instructions that you have to send out to the US attorney a copy of the return of service.

Thanks alot

 

[kabi24]

Have a quick questions
Today I found out that all the defendants have been served.
I've got 2 green slips on the mail still waiting for 4.
Now I've noticed that some of you didn't wait for the green slips and sent out a print out of the tracking number from the usps.

My question is the print out acceptable in all states? In the MD return of service instructions, it tells you to send out that green slips and form to the district court. this is what i did. and i could see it in pacer within 24hrs of them receiving it. you can double check with the clerk in your district but i think you can do it. especially that i just received my last green receipt two days ago all torn apart. file it with the online print-outs, they will let you know if it is not acceptable.
I've also noticed some people sending a copy of the return of service to the US attorney. Is that necessary?
I cannot see any reference in the instructions that you have to send out to the US attorney a copy of the return of service.
This is not necessary at all. they will actually see it on PACER as soon as you file it with the clerk
Thanks alot

 

[scrb09]

can someone please help with my dilemma!

I understand that most of the people filing 1447B here have been interviewed by the INS and are stuck in the name-check and are getting favourable decisions.

I have a slightly different case...my N-400 is from July 14th 2003 and I have not been interviewed (I received a interview notice which got cancelled 5 days later in 2004)...and my case is pending in the name-check...

Since the 120 days time-clock begins after the interview is over...I am guessing the INS has to do something about such cases...but in my case there is no time-limit since they can just point to the FBI...

My question is do we know/have people who have had favourable results after filing a Mandamus...without being interviewed?

what do you you guys think, I should do ?

thanks

 

[Haddy]

Me too. I lived in the Twincities from 1991-2000, went to school and worked there a little while. Even had the chance to work with two very nice lawyers. Miss the nice people and white snow.

Good luck, Minnesotans!

Thank you East bayer and Pharmboy... I am sure Minnesota misses you too...

 

[Haddy]

i went to the district office today, and i asked for the officer who interviewed me(by the way he is really nice guy
i said am here to see you, he said for what?, i introduced myself, then he toldme( he was smiling) you have been comming here every other days, just go and have a good time , i told him it is hard to have a good time when you have been waiting 3 years.
then he said i think i rememebr you file, and left for a few mins, when he got back, he said,everythign turns out good, yur 2nd fingerprints is good too,i finished reviewing your file yesterday, and gave to the my boss, the DO director, her have to write a reports to the court and then we will mail your approval notice.
i told him i am ready to dismiss the case as soon as my case is approved, but he said they still have to do that, so i asked him how long it is going to take,he told me , probably a few days, i asked him again, and he confirmed to me that everything is good , and my case is all done, just they have to finish that one thing.
i know that it is probably going to take till monday , or thuesday next week, because they probably waiting on the US attorney in charge of my case, who is on vaccation till th 19th, but after that i think it is over.
so just wish me good luck, this stuff you cant be sure off untill you have it in your hands.

Good Luck Mohamed you will be fine...

 

[mohamedmohamed]

Good Luck Mohamed you will be fine...

thank you , and all the other nice people here, i tink we all going to get throughthis , because we are right, and using the righttool to cheive our gools, it may be a little bit easier on some , or harder for some, but everyone here have the same reason, use the same tools, and the same ideas, therefore i have a strong beleive that everyone will his/her goal acomplished, that will be the real and complete vitory, all the the other sporadic cases that are beig solved are only a step, toword making the USCIS realzes that this is unfair, and unjust, may be they will actually find a rational and final solution to the restof the 170,000(as they said), but am sure we all have teached them a lesson by dragging them to courts throughout all the states, and like one here have said "it should be enough defeat for them that they get beated in the courts by some one who have never set a foot in a law school"
haddy, i wishe you good luck , i know your case may be a little bit complicated, but this have been my advice to you, and it still, file an extention motion to the court, to see how long it will take them to get your n/c finished, they have already asked for expedit handling , and it should be ready anytime now, that wasy your case dont get dismissed, and you can keep it on the court docket

 

[pharmboy]

Finally, Mohamed, you are close to the end of this darkest tunnel. I don't know what to say right now, but I do hope you will get the approval as soon as possible. Been through so much with USCIS, you deserve it. Be ready for the celebration party!

i went to the district office today, and i asked for the officer who interviewed me(by the way he is really nice guy
i said am here to see you, he said for what?, i introduced myself, then he toldme( he was smiling) you have been comming here every other days, just go and have a good time , i told him it is hard to have a good time when you have been waiting 3 years.
then he said i think i rememebr you file, and left for a few mins, when he got back, he said,everythign turns out good, yur 2nd fingerprints is good too,i finished reviewing your file yesterday, and gave to the my boss, the DO director, her have to write a reports to the court and then we will mail your approval notice.
i told him i am ready to dismiss the case as soon as my case is approved, but he said they still have to do that, so i asked him how long it is going to take,he told me , probably a few days, i asked him again, and he confirmed to me that everything is good , and my case is all done, just they have to finish that one thing.
i know that it is probably going to take till monday , or thuesday next week, because they probably waiting on the US attorney in charge of my case, who is on vaccation till th 19th, but after that i think it is over.
so just wish me good luck, this stuff you cant be sure off untill you have it in your hands.

 

[mohamedmohamed]

I understand that most of the people filing 1447B here have been interviewed by the INS and are stuck in the name-check and are getting favourable decisions.

I have a slightly different case...my N-400 is from July 14th 2003 and I have not been interviewed (I received a interview notice which got cancelled 5 days later in 2004)...and my case is pending in the name-check...

Since the 120 days time-clock begins after the interview is over...I am guessing the INS has to do something about such cases...but in my case there is no time-limit since they can just point to the FBI...

My question is do we know/have people who have had favourable results after filing a Mandamus...without being interviewed?

what do you you guys think, I should do ?

thanks

i have never heard of any one doing some like, it is probably have never happened before, since the USCIS usually conduct the interview, in the usuall time, so techenicall i think you can file WOM, but i think you will a lawyer, and a propaly darn good one to start some like this, unless if you know you have a good litigtion skills, and good knowledge of the INA, then you can do it for yourself.

 

[mohamedmohamed]

end of one fight, start of another one

Finally, Mohamed, you are close to the end of this darkest tunnel. I don't know what to say right now, but I do hope you will get the approval as soon as possible. Been through so much with USCIS, you deserve it. Be ready for the celebration party!

thank you, you cant imagine how much this was an abstacle in the way of everything i do, work, travel, and education, now i feel like i just have been freed from a long time prison, and trying to get my life pieces togetehr again.
i think am about to start another fight with USCIS though:
my application have been pending for exactly three years june 4th,so i think uscis OWES me some contineous resident time, which i will try to get back from them, just like they give you the peremenant(unconditional) Green card, if your application have been pending for more than 2 years, the same way i think they should let you apply for naturalization as soon as you get your green card, if they delay your application for more than 3 years, the period for contineous residence, but it some i have to do some research about, and talk to some lawyers, may be some one can ee my sense in this.
yeah i know the UScis will hate , if they havent already, i just dont want to give them any break

 

[kenny485]

Here it is

K

Thanks RealSuperK

 

[gzmbk1]

kabi24

thanks for clarifying that for me.

 

[Suzy977]

I understand that most of the people filing 1447B here have been interviewed by the INS and are stuck in the name-check and are getting favourable decisions.

I have a slightly different case...my N-400 is from July 14th 2003 and I have not been interviewed (I received a interview notice which got cancelled 5 days later in 2004)...and my case is pending in the name-check...

Since the 120 days time-clock begins after the interview is over...I am guessing the INS has to do something about such cases...but in my case there is no time-limit since they can just point to the FBI...

My question is do we know/have people who have had favourable results after filing a Mandamus...without being interviewed?

what do you you guys think, I should do ?

thanks

If you exhausted all administrative remedies to have your application adjudicated (letters, faxes, calls, infopasses, etc.) and the elapsed period since you applied is an unreasonably long one, I think you can file for a Writ of Mandamus...nobody said that USCIS can keep your N-400 in limbo forever if they didn't schedule your interview.

 

[kabi24]

I understand that most of the people filing 1447B here have been interviewed by the INS and are stuck in the name-check and are getting favourable decisions.

I have a slightly different case...my N-400 is from July 14th 2003 and I have not been interviewed (I received a interview notice which got cancelled 5 days later in 2004)...and my case is pending in the name-check...

Since the 120 days time-clock begins after the interview is over...I am guessing the INS has to do something about such cases...but in my case there is no time-limit since they can just point to the FBI...

My question is do we know/have people who have had favourable results after filing a Mandamus...without being interviewed?

what do you you guys think, I should do ?

thanks

i would definitly sue using WOM. because as you can see even people with i485 pending get, their case resolved that way. if t has been a while go fo it...and good luck.