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

I am in Dayton area.

Gr33nCard said:
Is there anybody from the Ohio (dayton) area who can help me out filing 1447b. I am really nervous filing the case against US government body .......I hope i dont do anything wrong.
I filed on April 6th and took oath on May 12th. :D

What do you need?
 
syt said:
K,

The battle has been ignited. And, it is endless. Do you apply immigration for your parents, brothers, or sisters? If so, the battle with USCIS is just started. Unless, some big change in immigration law or USCIS.

syt

Well, lucky for me, neither my sisters or parents have a burning desire to move here. So, for now, I'm safe. I can take off my boxing gloves and relax for a few years. We'll see what happens then.

K
 
I've called US Attorney office today. The women on phone (probably the same who talked to buggin, I used the same phone number) was pretty nice. She found very fast the name of the person assigned to my case, said the he had dental appointment today and will call me Monday morning. She mentioned that request to expedite my name check has been sent to FBI and they are waiting for reply. Sounds like they are doing something not waiting 60 days deadline.
 
Haddy said:
Does any one know what happen to those complaints which are never responded by the Defendants and the case gets dismissed without prejudice???

Why the case gets dismissed w/o prejudice?
 
Emta said:
I've called US Attorney office today. The women on phone (probably the same who talked to buggin, I used the same phone number) was pretty nice. She found very fast the name of the person assigned to my case, said the he had dental appointment today and will call me Monday morning. She mentioned that request to expedite my name check has been sent to FBI and they are waiting for reply. Sounds like they are doing something not waiting 60 days deadline.
That is really good news for N. CA. I really love San Francisco. Emta, good luck to you and all name check pending plaintiffs. This is my best wish. :p
 
Congratulation Mr.La

I am in similar situation like you and considering of whether to sue them or not. I live in LA and may i know which district court in LA has jurisdiction over my case when i sue them

Thanks

Koko
 
hi

koko8 said:
Congratulation Mr.La

I am in similar situation like you and considering of whether to sue them or not. I live in LA and may i know which district court in LA has jurisdiction over my case when i sue them

Thanks

Koko


hello Koko

I have 2 questions for you:

What city do you live in?
When did you get your interview?

Don’t waist time with USCIS, Have them for breakfast if the are thinking of you for dinner.
 
2 months ago the Arab groups over the country sue that bloody wicked shameless USCIS for immigration delays.

Any person here have any visibility into the progress or the outcome?
 
Making our case in Media

Hi Everybody,
I have been following the developments on this website especially regarding the Background checks. I think the best way now (given all the cicumstances) to get some attention from the legislative/political wing is to make our case in the MEDIA. No body would do anything without a reward and trying to sort of the issue of Background checks is not really a priority to anyone sitting up there making laws. The only way that is going to happen is when the people of this country start questioning the purpose of these Background checks pending for many years for many of us. Isnt it obvious that wen a check is prolonged and forgotten for such a long period of time, that the aim of the process is self defeated. In other words a suspected bad guy get those many years to possibly do any bad things for which he was suspected in the first place. This can b more dangerous in effect to the society in general. If they dont find a way to clear the pending checks, the pile is going to be bigger and bigger each year which in turn would make it even more difficult for them to clear at a later date.
Now ...............any ideas as to how to get this issue on to the media!!!!!!..?
 
syt said:
K,

The battle has been ignited. And, it is endless. Do you apply immigration for your parents, brothers, or sisters? If so, the battle with USCIS is just started. Unless, some big change in immigration law or USCIS.

syt

You are right. Though may be not endless, but for many who finally got naturlized, the battle isn't over, not at all.

After winning the battle to get naturalized myself, I'm currently working to get GC for my wife, and I think there is a good chance that we will face the name check again, now for her AOS.

What's more, when later my wife applies for naturalization, name check delays can easily come again.

**************************************************
Interview:April 2005; 1447b:February 2006; Naturalized: May 2006
 
koko8 said:
Congratulation Mr.La

I am in similar situation like you and considering of whether to sue them or not. I live in LA and may i know which district court in LA has jurisdiction over my case when i sue them

Thanks

Koko

You belong to California Central District Court.

For other members info.

You can go here:


http://www.uscourts.gov/courtlinks/index.html

and find your District Court.
 
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Haddy said:
Does any one know what happen to those complaints which are never responded by the Defendants and the case gets dismissed without prejudice???
If the case is dismissed without prejudice, the defendants do not have to answer to the complaint any more. The case is closed. The just issues an order to dismiss the case. And that is it.
 
breezyemily said:
I called the US attorney's office at 410-2094800 yesterday and was told that they will find out who's handling my case and will call back. Today the attorney Jim Frederick called back and said he hasn't reviewed my case yet. and said he will file a response before the deadline (7/26). Before then he will call me to let me know. Also he asked me to call him if I receive any decision (denial, approval) from the USCIS since the government agencies don't let each other know what's going on. He said he will contact the USCIS attorney.

I think he probably doesn't know that USCIS can expedite name check since he didn't mention anything about it.

Emily
Emily,
Hopefully, the US Atty won't have to file a response to your complaint. The fact that he hasn't even reviewed the case yet tells me that he has no idea what the facts of the case are. Once he reads your complaint, he will try to get it resolved with the USCIS.
Good luck!
 
RealSuperK said:
Well, lucky for me, neither my sisters or parents have a burning desire to move here. So, for now, I'm safe. I can take off my boxing gloves and relax for a few years. We'll see what happens then.

K
RealSuperK,
Good for you. You can enjoy your citizenship for now and you don't have to worry dealing with the USCIS again.
My parents don't want to live here either. In fact, they even don't want to come to visit. My siblings though would want to immigrate. However, I've found out that since siblings belong to Category 4 on the USCIS priority list, it takes about 10-15 years to get them green cards. Toooo long.
 
Emta said:
I've called US Attorney office today. The women on phone (probably the same who talked to buggin, I used the same phone number) was pretty nice. She found very fast the name of the person assigned to my case, said the he had dental appointment today and will call me Monday morning. She mentioned that request to expedite my name check has been sent to FBI and they are waiting for reply. Sounds like they are doing something not waiting 60 days deadline.
Good news, Emta! San Francisco US Attorney Office rules! It seems that it is a normal routine for them now: get a complaint, get name check cleared, get the case dismissed, get the N400 approval.
 
Guys, I have just joined the convoy of NAME-CHECK victims, hear me out...

I have a military naturalization application pending some "background checks"

I started my process in May 2005 as soon as I arrived for my year tour in Korea. Army said they had to do a background check utilizing form G-325B. Normally takes 20 days, it comes from Ft. Meade, MD. Darn thing took 90 days!!! I then proceeded with collecting my application packet further, the Army DID NOT HELP except providing N-426 and packet cover signatures. You won't believe it, I even did the COVER LETTER myself with Military Seal on it and they signed it. I sent the packet in September 05, and received the notice in October 05 with a priority date of 30 September 2005. Nothing heard form INS until 26 December 05, saying in a letter from NSC than I have to bring additional documents to my interview since I was arrested once in 2001 by INS itself and was put in removal proceedings. (It was later terminated and AOS relief was granted in 2003) I contacted Senators office for them to check on the status of the application regularly indicating that I would be deploying and I have desire to join officer ranks. They sent a letter to the NSC and silence again. Nothing was heard for about 3 months and Senator's office received an email from NSC indicating that they are expecting me to arrive back in the states from Korea;

our N400 Military Team is waiting on an FBI Name check to come back. They have requested it be expedited. They feel like the case will not be ready to send overseas before the applicant would return to the US this month. Please advise the where and when the applicant will be in the U.S., that is how we will determine where to send the A-file to have the applicant scheduled for an interview.

I arrived back from Korea on 26 April 2006. I moved to GA from SD. And first week of May, I called the National Customer Service and updated my address on file. Two days later, an officer from NSC called me to verify my address, and he said he is sending it to Atlanta. June 7th, I received my interview letter and I appeared for my interview on 21st.

Interview was straight forward, a young lady, almost half-dead, with a monotonic voice, went over all the questions on the form, asked me to write a simple sentence, and asked me 6 questions. Marked the results paper I passed but a decision can not be entered at the moment, due to pending background checks. She also needed a file to be obtained from National Records (what is that?) She skimmed through the folder and saw that background checks kept being re-submitted and she said that resubmissions are causing more delays. She said they have been resubmitting since my greencard application. (How did I get my greencard then?) I asked her if it is the FBI DOING THE CHECK, she specifically did not name them, saying "we have several agencies performing these checks, since you have been cleared once you should be ok"

On the way out, I asked her if there is a matter for a denial or it is just wait, she said "just wait" I stepped out, that full room of applicants were all gone, most of them went home citizens that day after their administrative ceremony.

Since I applied for a name change, my ceremony has to take place in a court and such ceremonies are only available twice in this year, one on 11 September 2006, and 07 December 2006. However my 120 day period has just started now. It ends on 19 October 2006.

I need a strategy to follow and I am hoping someone here can help me. I have already set up an appointment with the Legal Center on my military post, however I am not confident that military lawyers are knowledgeable on this issue. Furthermore I am hesitant to do it myself, I don't know if I would be restricted as a military member to serve a lawsuit to US govn't, or I might be deployed by the time the lawsuit reaches a result. My projected deployment is May 2007.

Please give me a hand here and guide me. I appreciate it.
 
Bushmaster said:
Guys, I have just joined the convoy of NAME-CHECK victims, hear me out...

I have a military naturalization application pending some "background checks"

I started my process in May 2005 as soon as I arrived for my year tour in Korea. Army said they had to do a background check utilizing form G-325B. Normally takes 20 days, it comes from Ft. Meade, MD. Darn thing took 90 days!!! I then proceeded with collecting my application packet further, the Army DID NOT HELP except providing N-426 and packet cover signatures. You won't believe it, I even did the COVER LETTER myself with Military Seal on it and they signed it. I sent the packet in September 05, and received the notice in October 05 with a priority date of 30 September 2005. Nothing heard form INS until 26 December 05, saying in a letter from NSC than I have to bring additional documents to my interview since I was arrested once in 2001 by INS itself and was put in removal proceedings. (It was later terminated and AOS relief was granted in 2003) I contacted Senators office for them to check on the status of the application regularly indicating that I would be deploying and I have desire to join officer ranks. They sent a letter to the NSC and silence again. Nothing was heard for about 3 months and Senator's office received an email from NSC indicating that they are expecting me to arrive back in the states from Korea;

our N400 Military Team is waiting on an FBI Name check to come back. They have requested it be expedited. They feel like the case will not be ready to send overseas before the applicant would return to the US this month. Please advise the where and when the applicant will be in the U.S., that is how we will determine where to send the A-file to have the applicant scheduled for an interview.

I arrived back from Korea on 26 April 2006. I moved to GA from SD. And first week of May, I called the National Customer Service and updated my address on file. Two days later, an officer from NSC called me to verify my address, and he said he is sending it to Atlanta. June 7th, I received my interview letter and I appeared for my interview on 21st.

Interview was straight forward, a young lady, almost half-dead, with a monotonic voice, went over all the questions on the form, asked me to write a simple sentence, and asked me 6 questions. Marked the results paper I passed but a decision can not be entered at the moment, due to pending background checks. She also needed a file to be obtained from National Records (what is that?) She skimmed through the folder and saw that background checks kept being re-submitted and she said that resubmissions are causing more delays. She said they have been resubmitting since my greencard application. (How did I get my greencard then?) I asked her if it is the FBI DOING THE CHECK, she specifically did not name them, saying "we have several agencies performing these checks, since you have been cleared once you should be ok"

On the way out, I asked her if there is a matter for a denial or it is just wait, she said "just wait" I stepped out, that full room of applicants were all gone, most of them went home citizens that day after their administrative ceremony.

Since I applied for a name change, my ceremony has to take place in a court and such ceremonies are only available twice in this year, one on 11 September 2006, and 07 December 2006. However my 120 day period has just started now. It ends on 19 October 2006.

I need a strategy to follow and I am hoping someone here can help me. I have already set up an appointment with the Legal Center on my military post, however I am not confident that military lawyers are knowledgeable on this issue. Furthermore I am hesitant to do it myself, I don't know if I would be restricted as a military member to serve a lawsuit to US govn't, or I might be deployed by the time the lawsuit reaches a result. My projected deployment is May 2007.

Please give me a hand here and guide me. I appreciate it.

Bushmaster,

I'm really sorry to read your story, but almost all members are here for the same name check crab.

The only thing i can tell you, you have to be very carefule in suing the U.S Gov., scine you're work for them"The U.S. Army"

My attorney was trying to gauther people affected by the name chech P.S to file a class action lawsuit aginst the Gov. and he mentioned that if you're welling to do so, one of the requirments is you should'nt be working for Gov./Gov. agency."I don't know why". He also said all the people partecipating in the class action will be doubled check by his office for this particular requirment.

you need to work with the army, they should help you in this matter. you may consider contacting the seceratry of defense asking him for help.

Best Wishes.
 
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meshmesh said:
Bushmaster,

I'm really sorry to read your story, but almost all members are here for the same name check crab.

The only thing i can tell you, you have to be very carefule in suing the U.S Gov., scine you're work for them"The U.S. Army"

My attorney was trying to gauther people affected by the name chech P.S to file a class action lawsuit aginst the Gov. and he mentioned that if you're welling to do so, one of the requirments is you should'nt be working for Gov./Gov. agency."I don't know why". He also said all the people partecipating in the class action will be doubled check by his office for this particular requirment.

you need to work with the army, they should help you in this matter. you may consider contacting the seceratry of defense asking him for help.

Best Wishes.

I see your point meshmesh. Someone with large balls from the military needs to get on the phone and make some calls to FBI, US attorney or Rumsfeld if need be. However I am very disappointed with the Army. They seem to be acting just like other dept.s of government. Hopefully, a JAG lawyer can ring a bell in someone's ears.
 
my advice

Bushmaster said:
Guys, I have just joined the convoy of NAME-CHECK victims, hear me out...

I have a military naturalization application pending some "background checks"

I started my process in May 2005 as soon as I arrived for my year tour in Korea. Army said they had to do a background check utilizing form G-325B. Normally takes 20 days, it comes from Ft. Meade, MD. Darn thing took 90 days!!! I then proceeded with collecting my application packet further, the Army DID NOT HELP except providing N-426 and packet cover signatures. You won't believe it, I even did the COVER LETTER myself with Military Seal on it and they signed it. I sent the packet in September 05, and received the notice in October 05 with a priority date of 30 September 2005. Nothing heard form INS until 26 December 05, saying in a letter from NSC than I have to bring additional documents to my interview since I was arrested once in 2001 by INS itself and was put in removal proceedings. (It was later terminated and AOS relief was granted in 2003) I contacted Senators office for them to check on the status of the application regularly indicating that I would be deploying and I have desire to join officer ranks. They sent a letter to the NSC and silence again. Nothing was heard for about 3 months and Senator's office received an email from NSC indicating that they are expecting me to arrive back in the states from Korea;

our N400 Military Team is waiting on an FBI Name check to come back. They have requested it be expedited. They feel like the case will not be ready to send overseas before the applicant would return to the US this month. Please advise the where and when the applicant will be in the U.S., that is how we will determine where to send the A-file to have the applicant scheduled for an interview.

I arrived back from Korea on 26 April 2006. I moved to GA from SD. And first week of May, I called the National Customer Service and updated my address on file. Two days later, an officer from NSC called me to verify my address, and he said he is sending it to Atlanta. June 7th, I received my interview letter and I appeared for my interview on 21st.

Interview was straight forward, a young lady, almost half-dead, with a monotonic voice, went over all the questions on the form, asked me to write a simple sentence, and asked me 6 questions. Marked the results paper I passed but a decision can not be entered at the moment, due to pending background checks. She also needed a file to be obtained from National Records (what is that?) She skimmed through the folder and saw that background checks kept being re-submitted and she said that resubmissions are causing more delays. She said they have been resubmitting since my greencard application. (How did I get my greencard then?) I asked her if it is the FBI DOING THE CHECK, she specifically did not name them, saying "we have several agencies performing these checks, since you have been cleared once you should be ok"

On the way out, I asked her if there is a matter for a denial or it is just wait, she said "just wait" I stepped out, that full room of applicants were all gone, most of them went home citizens that day after their administrative ceremony.

Since I applied for a name change, my ceremony has to take place in a court and such ceremonies are only available twice in this year, one on 11 September 2006, and 07 December 2006. However my 120 day period has just started now. It ends on 19 October 2006.

I need a strategy to follow and I am hoping someone here can help me. I have already set up an appointment with the Legal Center on my military post, however I am not confident that military lawyers are knowledgeable on this issue. Furthermore I am hesitant to do it myself, I don't know if I would be restricted as a military member to serve a lawsuit to US govn't, or I might be deployed by the time the lawsuit reaches a result. My projected deployment is May 2007.

Please give me a hand here and guide me. I appreciate it.

sue them, you just need a pen and clear mind, read here from the first page, trust me after u finish reading you will file your lawsuit on Monday, you just need 60 days from the time you serve the US attorney" and that could be monday", trust me it’s so easy to do it. NO lawyers is needed….. You need your self. I been told this before so I am telling you the something…NOONE will help you but your self

I really wish you the best…
 
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Mr LA said:
sue them, you just need a pen and clear mind, read here from the first page, trust me after u finish reading you will file your lawsuit on Monday, you just need 60 days from the time you serve the US attorney" and that could be monday", trust me it’s so easy to do it. NO lawyers is needed….. You need your self. I been told this before so I am telling you the something…NOONE will help you but your self

I really wish you the best…

Am I not supposed to wait for the 120-day period? In regards of help, I see what you mean, I would appreciate advice, guidance and strategy, not that I thought anyone would file a lawsuit for me. I appreciate your advice.
 
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