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

weblink to Pro Se Guide to NJ District Court

Hello, I am not able to locate the Pro Se Guide on NJ District Court? If you know, would you pls share the weblink? Perhaps, for NJ, they only offer the Guide via mail? Tks.

yfehgh
 
2 weeks ago we wrote to Dick Cheny. We just got a letter from Cheney's assitant that they had forwaded my request to Dept of Homeland Security for action and that DHS will reply me directly. Nor sure normally how long it takes the DHS to reply. In our case, everything was cleared, but just get stuck there for the oath letter.
 
zaib said:
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:
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Hey Zaib,

about your first question... the clock start tiicking from the local AUSA who represents defendants...

about your second question:
Please dont worry... if you dont have anything wrong (criminal) in your backgroud... you dont have to worry about anything... as it has been discussed earlier in this forum... FBI checks our full name say like Mike Ali... then checks Ali Mike... then checks Ali... then checks Mike... thek checks Mike A... then checks Ali M... and trust me with lots going on in this world... there somehow somewhere some part of someones name can match a little part of someone else's name... like say Mike can have a hit per se Zemike or Demike or what ever form... I know its dum... but its how security runs... on the other hand I beleive with nowadays latest technology this should be lot faster and easier... but still I have heard and actually read on this forum that if FBI finds a part of someone's name match they have to do the process electronically and manually both which takes longer... but still i know it doesnot make sense,.. they have to make sure that there is no connection... but like I sd if you dont have criminal background... you dont have to worry... I was worried about it too like every one worries about having a clean name check... but Zaib... like I said they had to do little more digging... and if you dont have any criminal record you dont have to worry... so they are saying that they tried to dig around and could not find anything... so you should be fine... I am sure Suzy and Mohamed and other Pros would like to add somthin' too...

I hope I answered your questions...
 
Strange!!!

Alright guys... first of all sorry I was in 'n' out... with 2 jobs and lots goind on around... i could not sit and write to you guys... I did file my response to the Defendants' motion to dimiss on June 28... but some how even after 3 days it is not showing on the docket... I later realized may be I forgot to sign my response... so i called them if I can fax them my last page of the response with my signature on it and she sd that they dont give out the fax numbers out for filing the complaints, motions and responses... that we have to do it either in person or by mail... so yesterday I priority mail it.. they will have it today but because the courts are closed on saturday they should have it by monday... but still i dont know why it should show up on the docket... it should atleast show some thing that i responded... but it actually doesnt matter because i have the stamp proof of the time/date because i submitted it personally...
this is what i tried to say in my response... first I responded to the motion to dismiss that is the court has the subject matter jurisdiction... then i sd that because the uscis is trying to resolve the issue this court should remand the defendants to process the filing in 30 days...
i am just worried that me being pro se the Judge assigned to my case should not dismiss my case due to technicalities like font size... side margins and etc...
 
How much time to wait before filing a lawsuit

Hi.

My name check has been pending for 9 months for my AOS application. I read in some earlier posts on this thread that 120 days is the legal limit for Name check to be cleared for N400 cases. But what is this limit for AOS cases?

My NC has been pending for 9 months. Should I file Writ of Mandamus now or after 5-6 months?

Gurus please comment.

Thanks.
 
Thank You Haddy, I am very much relieved.So what about the court date the first conference is on the 5th of this month but the case file was delivered to them on the 30th of june.Should I call to the local DA and ask if he wants a 30 day extension or just call them and ask who is handling my case and what is the progress on it?
 
A question:

Anyone please? The 60-day clock starts when my mail reached U.S. Attorney's office or when I filed the certificate of service? I really need to know.
 
I think the 60-day clock starts when your mail reached U.S. Attorney's office. The certificate of service is normally filed later than this date.

bobby

ernorman said:
A question:

Anyone please? The 60-day clock starts when my mail reached U.S. Attorney's office or when I filed the certificate of service? I really need to know.
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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?
2)Does that 120 days rule only applies to pending naturaliztion cases or can it be also applied towards pending AOS(marriage based) application ?
3)what is the minimum time frame AOS(marriage based) applicant should wait before filing for WOM.
4)Do people ever get cleared from these checks w/out suing USCIS. As it looks like its the only way to get cleared?
BTW I had an AOS interview(marriage based) yesterday, although approved but couldn;t get an stamp due to the 'security clearnce'.

Thanks alot!!!
Click to expand...
from what i understand , your husband case status is " pending the name check" whuch is the usual delay for almost everyone ehre, i have myself been through that, my case stayed pending the name check for a year after my interview, that was when i filed my law suit, and finnaly they did expedite my name checck and clread me out, and got my case approved.
120 days applys on to the naturalization filers, it is what the statute said(1447 b), for the green card applicants, the WOM ( write of Mundamus) is what have been used to force the uscis to complete the n/c.
so there is no" exact " time when you should file wom suit, but h=generally , if a case is more than a year, a 1 1/2 behind the current processing time, i think it is about to start the suit, and 99% of the case they will initiate an expedit check, and everything will be cleared soon after.
they my call it security clearence, security check, name check, but it is all teh same, a process the fbi conduct to search a nme in theri datebase, there is one full report here that explain how they do the process, i will attache it to the post so you can look at it.
 
Hi,
What is the web address for the court proceedings lexus......?. Anyone familiar with it?
Thanks
 
Question for Zaib,
What info did you give on you FOIPA request: ie full name/dob/ssn/previous address etc everything or just part of the information ?
 
I am planning on it, but don't know how?

Congratulations,horiba,
I am planning on such a law suite by myself. Can you kindly provide me a general background and procedure? Thanks,
Blueblack


horiba said:
All my friends on this boat, I talked to the assistant to the US atty today and USCIS is ready to approve my N400 as soon as I sign the paper to dismiss the case.

I'd like to thank to all the friends around there who gave me the courage, share their experiences with me. I am almost ready to give a good fight and thank God, those are no longer necessary.

I wish you all the best of luck in your road to victory. I will be happy to share my experience with you folks and will update my situation as it progress further to my citizenship of the United States of America.
Click to expand...
 
Is691035,

How long ago did you have your citizenship interview? Mine was on March 27 and the 120-day period for the USCIS to adjudicate my case runs out next July 25. The day of my examination the interviewing USCIS office checked off the sentence that reads that my case has been recommended for approval. They are telling me now that my FBI background check is still pending...

I just sent letters to the Chief of the Naturalization Unit at the office where I was interviewed and to the Acting Director of the Miami District Office. I also wrote to the Office of the General Counsel in Washington, but I had never heard about Ombudsman before... I guess I should write to them as well and see what happens before I file the 1447 (b) petition...






ls691035 said:
Got an answer from ombudsman today. Says, they will initiate inquiry with USCIS, wait for answer for 45 days :rolleyes: .

Haddy, sorry, saw your message just today, wrote an answer.
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Einmalig said:
Is691035,

How long ago did you have your citizenship interview? Mine was on March 27 and the 120-day period for the USCIS to adjudicate my case runs out next July 25. The day of my examination the interviewing USCIS office checked off the sentence that reads that my case has been recommended for approval. They are telling me now that my FBI background check is still pending...
Click to expand...

I filed WOM for AoS for GS, no interview. Ombudsman is no help, knew from the beginning, but for WOM I need to prove "exhaustion of remedies", this is one of them. With citizenship you can file on 121st day, no need for ombudsman letter.
 
File WOM

I file my WOM case today. I didnt had any mail from Ombudsman...BUt for exahustion of admin remedies i showed them i had called USCIS customer representative 3-4 times, Mailed sent to Congressmen , Senator and even Infopass appointment.....Is that enough...>Although i have already filed now....BUt stilll...?????
 
I gave all of my info on the FOIPA application.I did receive a letter from my senator today stating that Ins has requested my clearance since Nov of 2003 and is still pending.
 
Time for some fun

I don' think anybody is checking this forum for some fun, and I don't think what I am going to post is funny,.. but it might be that bad to cause all of us here to laugh:

A paragraph from Page 25 in this link below:
http://www.dhs.gov/interweb/assetlibrary/CISOmbudsman_AnnualReport_2006.pdf

Reads:

Considering the cost and inconveniences caused by the delays, the value of the FBI name check process should be reexamined. In almost every name check case that the FBI conducts for USCIS, the foreign national is physically present in the United States during the name check
process. Thus, delays in the name check process actually prolong an individual’s presence (albeit in an interim status) in the United States while the check is pending. In that sense, the current USCIS name check policy may increase the risk to national security by prolonging the time a potential criminal or terrorist remains in the country. Further, checks do not differentiate whether the individual has been in the United States for many years or a few days, is from and/or has traveled frequently to a country designated as a State Sponsor of Terrorism, or is a member of the U.S. military. Most individuals subject to lengthy name checks are either already green card holders or have been issued EADs allowing them to receive Social Security cards and state drivers’ licenses. Additionally, most green card applicants are also eligible to receive advance parole to enable them to travel outside the United States and return as long as their cases are pending, which can be for years under the current process.
 
Kudos to you.

I've just started exploring the option of WoM - but right now my case is weak, since the USCIS 485 processing dates have not even crossed my ND viz 10/06/05.

But I will watch your and Xu's case - since both of you have defied the conventional wisdom of lawyers for waiting for 2 years. If you guys succeed, I'll definitely try to bring my own WoM in October ( I want to give them 1 year , since less than one year wud be too soon by USCIS/FBI standards :D)

Gr33nCard said:
I file my WOM case today. I didnt had any mail from Ombudsman...BUt for exahustion of admin remedies i showed them i had called USCIS customer representative 3-4 times, Mailed sent to Congressmen , Senator and even Infopass appointment.....Is that enough...>Although i have already filed now....BUt stilll...?????
Click to expand...
 
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