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

Gr33nCard said:
What do you mean by fingerprint results??? What do they tell in this result.....I am confused is it similar as Name check or there is different number for that.
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they only tell you the fingerprint result, not the name check, the name check is a different process, carried by a different FBI office in dc, the fingerprints are processed by the criminal justice division of the fbi in WV
 
ip_everywhere said:
Hi,
How about if we would ask them (FBI) about our security clearance(name checks), would they tell us that?
BTW I had an AOS interview (marriage based) and been told that my husband can't get an I-551 stamp, due to security clearnce pending :(

Thanks
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well, you have to break dwn the issue, was his i 485 approved?, or not, has his name check finshed or not?, is there a final name check result, and if so is there negative information on his file,?
fbi finish the name check then send it to uscis, who evaluate the fbi reprot, and make a decision to grant or deny the benefit, or the petition, this is different that the delay any one might experience because his/her name check is still pending which that they dont have it yet, and still waiting for the fbi to finish it.
if your husband name check is finished, then the uscis will make one of two decisions, keep the file on hold for further investigation,or make a decision to grant or deny the application.
but when you say the he " cant get his passport stamped, due to security clearence pending" you have to explain if he have already been approved as "a permanent resident" a case in which they have to stamp his passport, and give him his green card, or you have to explain ih his adjustmet of stutus still pending because his name check , security clearence is not finishe yet, which mean they have not approved, or denied the application they are simply still waiting for the result of thename check.
 
Magistrate Judge

Whats the pros and contras from having a mgistrate judge overseeing the case (1447b)
 
Joint Case Management Statement

Correction: I was a bit confused. What I ment is that I received a draft Joint Case Management Statement NOT and ADR statement.

mmksj said:
Hi Guys

I havae received a draft Joint Case Management Statement from the USDA, and would like to ask for your input. The Joint Case Management Statement is a required phase in a the law suit process should your name dosn't clear in time (before the 60 day ends) and prior to trial. It can also be seen as a time saver for the USDA so that the agencies can work to resolve your name check.

So, the text of the Joint Case Management Statement is fine, however. I wasn't sure about 2 sections that I wanted to check with you if you have been through this. It states:

"The principal factual issues which the parties dispute:

1. Whether USCIS is acting with due diligence and in a timely manner to adjudicate the plaintifs' naturalization application.
2. Whether USCIS has a basis in fact that warrants a continued delay in adjudication of the plaintifs' naturalization application.

The principal legal issues which the parties dispute:

1. Whether the Court is authorized to adjudicate the plaintifs' naturalization application. Whether the Court should impose a deadline by which USCIS must adjudicate the plaintifs' naturalization application."

Do you think that is sufficient?
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I want to write to the Ombudsman. Anybody got the address and the name of the person in charge for us to write to? Thanks.
 
I have the retrun receipt

I attached the return receipt to it. According to previous posts, email notification will do just fine at least at nor cal district.

ernorman said:
One question for you:

When you filed the certificate of service, do they need the "green card" (return receipt)? Or only the email notification/website printout is good enough?

Thanks.
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mohamedmohamed said:
well, you have to break dwn the issue, was his i 485 approved?, or not, has his name check finshed or not?, is there a final name check result, and if so is there negative information on his file,?
fbi finish the name check then send it to uscis, who evaluate the fbi reprot, and make a decision to grant or deny the benefit, or the petition, this is different that the delay any one might experience because his/her name check is still pending which that they dont have it yet, and still waiting for the fbi to finish it.
if your husband name check is finished, then the uscis will make one of two decisions, keep the file on hold for further investigation,or make a decision to grant or deny the application.
but when you say the he " cant get his passport stamped, due to security clearence pending" you have to explain if he have already been approved as "a permanent resident" a case in which they have to stamp his passport, and give him his green card, or you have to explain ih his adjustmet of stutus still pending because his name check , security clearence is not finishe yet, which mean they have not approved, or denied the application they are simply still waiting for the result of thename check.
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Well our interview was a breeze. The officer only ask us for our daughter's b.certificate, and that's it. He said that he's putting down 'approved' on our file. BUt can't grant my husband an approval stamp or GC, as USCIS haven't revieved his security clearance back from fbi yet.
So in a nutshell we are approved we only need our security results back from FBI.
Could you pls read my post#3791 on this thread, and comment on it. I would really appreciate that.
Thanks
 
vmware said:
Hi, Xu 111,
I have a question about the filing fee. I konw one is the Civil Filing Fee.
Do I need to pay for US Attorney? There is a Fee related to Attorney named "Attorney Admission Fee", what is that?

You don't need to pay US Atty, because they defense US government. I don't know what is Attoney Admission Fee.


I found only one US Attorney in my District, is it OK that I send him direclty the copies (WOM, summons)? Do I need to call him first? Do I need to mention something on the envelope?

It is totally normal to have a single US atty. I think that single one US Atty is the head of the a "lawyer department" of your districts and he/she must have many assitant attorney.

In terms of how to serve, what documents to serve, you can find the detailed guidelines from the very first page of this thread. Please check it out by yourself, because I don't want to miss anything important. However, you need to call US attorney's office BEFORE serving, because you need the correct address. For my case, serving in person is required and mails will be returned. So call US attorney's office first. This is also mentioned in the guidelines.

It is very important to read the guidelines very carefully.


Thank you so much!
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You are welcome. Good luck!

PS. Sorry to use the underlined text. It looks a bit annoying. I didn't figure out how to change text color.
 
spoke with AUSA

Today I spoke with the Baltimore AUSA assigned to my case. His name was Jim Frederick. I believe somebody over here is this forum had a case assigned to him as well.
Anyways, he seemed very polite and told me that he was very aware of the 1447b cases. Looks like he's had to deal with a whole bunch of those in the past few months, and had a surge of those cases appearing on his desk.

So basically he asked me to let him know if the USCIS sends me any mail regarding the approval or denial of my application. He was also going to let me know if hears anything.

I guess what I'm curious to find out is when does the AUSA and USCIS actually talk to each other? I get the feeling that the AUSA waits for the USCIS to do something about it (when they receive a copy of the lawsuit) before he actually feels the need to communicate with them.
So basically you have to wait the whole 60 days and some change if they ask for extesion for them to do something about it.

Should I keep calling the AUSA in a regular basis to follow up with the case, or should I just let it be?
 
Hi Everyone,
I filed my case on 5/02/06 and served all the defendants by USPS.I did send a copy of it to the local Us attorney.I called this morning to the US attorney to ask whom my case was assigned and they told me that they dont have my case file.I did a little research and found out that the address I send to was for the Washington states attorney general.Anyway I went to the US attorney office and delivered them a copy of the case.My question is that the United states attorney was served on the 05/08/06 (Mr Gonzalez) my time would start from the day the United States attorney General is served or the local DA.If it is the former the dead line date is 07/08/06,and the DA was given a copy today.On pacer the joint conference is due on the 07/03/06.So when would be the clock start clicking.

Second blow I received today was letter from Fbi for FOIPA (which goes as following)


A search of the indices to our central records system at Fbi Headquarters reflected there were documents potenially responsive to your request.This office has attempted to obtain this material so that it could be reviewed for responsiveness.We were advised the records were not in their expected location and could not be located.Following a reasonable waiting period, another attempt was made to obtain this material.This also went unsuccessful results.Therefore we are closing your request administrativly.
You do have the right to appeal any denial in this release.


I dont know what they are talking about I never even had a speeding ticket. :eek:

What a way to start your long weekend. :(

My 2nd FP were taken on 06/15/06.I called the Fbi and they told me they were send the same day to my local Ins.

Please advice me what to do next HELLLLLLLLLLLLLLLLLLLLLLLLLLLLLP :confused:
 
FedoraCore said:
I spoke today with us Attorney. He never answers his call. His paralegal always answer. here in my district they assign only one lawyer for immigration. It has been two months since I filed the law suit and I tried numerous times to get hold of him. All my attempts had failed. I am not sure what's going on. Kinda lost
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Fedora Cora,

Where did you file ? which district ? what date ? and for want AOS/Naturalization???
 
gzmbk1 said:
Should I keep calling the AUSA in a regular basis to follow up with the case, or should I just let it be?
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Yes keep close to him/her, remember if you're nice and helpful you may get in exchange the same treatment from US Attorney, and he can convince USCIS to move things.
 
ip_everywhere said:
Hi all,
I'm a newbie to this thread. I have found this thread extremely useful so far.
However I have a few of question. can you gurus out there answer them please? I'd really appreciate that.
1)Is pending security clearance is synonym to pending Namecheck?

Most of the cases yes.

2)Does that 120 days rule only applies to pending naturaliztion cases or can it be also applied towards pending AOS(marriage based) application ?

Unfortunately only to Naturalization.

3)what is the minimum time frame AOS(marriage based) applicant should wait before filing for WOM.

After you exhausted all your Administrative remedies. In other words, you have to try anything in your power to have your case solved before you sue USCIS. I'll say no earlier than 6 months after the interview.

4)Do people ever get cleared from these checks w/out suing USCIS. As it looks like its the only way to get cleared?

Sometimes trying the "Administrative remedies" people are getting cleared. Those avenues are: letters and faxes and emails to USCIS, FBI, Congressperson, Senators, etc.

In your case where Writ of Mandamus is the proper legal action against USCIS you need to keep a very good record of all your attempts to have the case solved, that is going to be your ammunition in court. ;)

BTW I had an AOS interview(marriage based) yesterday, although approved but couldn;t get an stamp due to the 'security clearnce'.

Start gathering evidence, in case you have to sue them.

Thanks alot!!!
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Good luck.
 
Dear Requester:

This is in response to your Freedom of Information-Privacy Acts (FOIPA) request noted above.

To promptly respond to requests, we concentrate on identifying main files in the central records system at FBI headquarters. No records responsive to your FOIPA request were located by a search of the automated indices.

You may file an administrative appeal by writing to the Co-Director, Office of Information and Privacy....

That is how the letter I got from the FBI reads. Something is definitely wrong here because I do have a record. I arrived in the United States undocumented and was subsequently charged with Immigrant without Immigrant Visa (although I only learned about that charge several years later when I applied for a copy of record from the FBI). I was fingerprinted and paroled under humanitarian reasons (pursuant to the April 26, 1999 memorandum by former INS Commissioner Doris Meissner) after the FBI processed my fingerprints and cleared me as a non-criminal arriving alien.

While I never had to stand trial before an immigration judge, the INS did not drop the charge against me either and it remains on my FBI file. I was told that if I was not scheduled for trial for arriving undocumented in the country, I was free to apply for adjustment of status under the Cuban Adjustment Act a year after admission.

http://www.uscis.gov/graphics/services/residency/CAA.htm
http://www.uscis.gov/text/publicaffairs/newsrels/CubaRel.htm

The bottom line here is that I do have a record which does show up whenever I apply for a "rap sheet" (use the link below to see instructions on how to apply for a "rap sheet" or copy of record) and yet I get this FOIPA letter indicating that I don't have a record.

http://www.fbi.gov/hq/cjisd/fprequest.htm

Either they made a mistake or the FOIPA focuses on aspects of the applicant's background other than his/her established criminal record such as whether the applicant has been a "person of interest" to the FBI for potential links to terrorism, spying for a foreign government, narcotraffiking, etc.

I am considering to file an administrative appeal or call the FBI to shed some light on this.
 
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tsa3400,

Do you get any reply from Laura Bush or Ombudsman after sending them the letter?
 
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