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

Need advice

Here is my situation:

- N-400 Receipt Date 10/31/2005

- Interviewed successfully on March 9, 2006 - namecheck, fingerprint and background check etc. completed successfully BUT case could not be adjudicated at the time because of multiple Alien files that needed to be physically brought to the District Office and then closed out

- Waited for two months for that to be done and in the meanwhile contacted congressman

- On May 19, 2006 received an update from Congressman who got information from the Congressional liaison at CIS stating that my files had arrived at the District Office and would be consolidated over the weekend.

- Called USCIS disinformation hotline on May 31, 2006 who opened a trouble ticket for me to check on my case - Received a letter from the District Office dated June 1, 2006 stating that my case was approved for naturalization and that I would get an approval notice (I am assuming this means oath letter) within the next 30 days.

- Guess what, it's been over 30 days and nothing (Big surprise! :)) - I called the CIS disinformation line again on July 3, 2006 and was told that the case was in pending status (why am I not surprised?) It's only at CIS that a case can go from approved to pending.

MY QUESTION:

I am eligible to file a lawsuit based on 1447 (b) on July 10, 2006. Should I go ahead and do so? Or would you advise me to wait. If I need to wait, how long should I wait?

Any thoughts?
 
Buggin,

:eek: Oh! This is so bad. I hope you get your oath invitation letter soon.

syt

buggin said:
Hi guys & gals,

Here is a quick update on my case. As I said, it is not over till it is over.

I did sign a stipulation agreement with the US Atty that I agree to dismiss my case without prejudice and the USCIS is ready to adjudicate my case within 30 days from the dismissal.

A week later, I still didn't have any approval letter from the USCIS. When I checked on PACER,t he stipulation agreement wasn't shown there. I called the US Atty and asked what was taking them so long. The US Atty checked with the court and found out that the stipulation hadn't been signed by the judge yet. ANOTHER BACKLOG?!!! :mad: I asked when I sould expect the judge to sign the stipulation so that it could be filed, the US Atty said that they can't hurry the judge into doing anything.

So, my lesson learned is that even though the USCIS is ready to approve your naturalization and you are ready to dismiss your case, there may be more delays - in the court itself!

I hope everything will get done soon so that I could have my oath ceremony on July 25.

I'll keep you posted.
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breezyemily said:
I just got a call from the USDA Jim Frederick and was told that I should be receiving the oath letter soon. It's scheduled for next Friday. So the maryland USDA are acting faster than I expected. 60 day ends at 7/25. And he only asked me to dismiss the case after I receive the oath letter.

No words can express the gratitude I have toward the pioneers and members of this forum. Without the information and support here, I would still be waiting in dark. If there is anything I can do to help, just drop me a line.

Emily
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breezyemily, Congrats!!! I am happy for you :)
 
breezyemily said:
I just got a call from the USDA Jim Frederick and was told that I should be receiving the oath letter soon. It's scheduled for next Friday. So the maryland USDA are acting faster than I expected. 60 day ends at 7/25. And he only asked me to dismiss the case after I receive the oath letter.

No words can express the gratitude I have toward the pioneers and members of this forum. Without the information and support here, I would still be waiting in dark. If there is anything I can do to help, just drop me a line.

Emily
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Breezyemily

that's awesome


I also have Jim Frederick as my AUSA. Did you call him or did he contact you with the news? I've talked to him once already, I'm not sure If I should contact him again or not. My 60 days ends around 8/10/06.
 
buggin said:
In my case, they keep telling me that the USCIS cannot proceed without the order from the judge dismissing my case. The judge has had my stipulation agreement for two weeks now and it is still not signed (I called the clerk today). Of course, the USCIS can perfectly approve my case and schedule the oath ceremony (they do it all the time). However, I can't really force them to do so. In the end, isn't this what we all want here - get the USCIS uphold to their own laws? If the law says that the USCIS has not jurisdiction to adjudicate my case, there is nothing I can do until my case is dismissed. I am really upset with the judge though. I can't believe it is all stuck in her chambers now. :mad:
Oh well, maybe soon....
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buggin, Cheer up!
Unfortunately both sides (USCIS and the judge) just dont want to help you to resolve your case as soon as they could. Now they just are using the tecnical ligal excuses for delay. :mad:
Fortunately, it is almost over, just a little bit more patience and good luck :)
I wish you the best.
 
ZUR said:
Mohamed,

You may have a chance in this lawsuit. Please read the following:

Qoute from Shusterman's Immigration Newsletter:



All papers filed in this case as well as the oral arguments and the final decision of the Appeals Court may be accessed online at

http://shusterman.com/toc-phys.html#3
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thank you very much , this is exactly what i was looking for, and despite the difference in the circumstances, the application of the court ruling is definiltely the same.
my next step i will try to get the court ruling , and analysis, and then i will see how can i adopted it to my case.
this is another step in the right direction, i think uscis owes us the time we spent waiting, and after they acknowledge the clealiness of our background/name check , or whatever you cal it, they owe us that time, and it should be counted toward any physical , or residence time requirement, this could turn into some huge.
just imagine if everyone who have been waiting for loinger than, 3 years , will get his citizenship and green card at thesame time? how sweet would that be?
 
Thank you all

Milashka, Syt, Skyhigh7, Maoliz, and others,

Thank you all so much for the support. I don't know what I would do without this forum.

I am very frustrated at this point. I have a new job assignment that is very stressful and drains so much of my energy. And yet I have to still call the US Atty, the court, the US Atty, the court, etc.

I was hoping that I would get my US passport by the end of July because I have a trip to Europe scheduled for August. So, now I need to get a Shengen visa from the Italian consulate. I keep calling the consulate to find out what the visa fee is, since they accept ONLY money orders for the exact amount. Their web site has the fee amount but it says to check the fee amount with the consulate before applying for a visa as the fee fluctuates according to the currency fluctuations. I've been calling the consulate for days now and no answer.

I am out of energy and patience. What is wrong with the world? What is wrong with people? Can't we all do our jobs diligently as we get paid to do it? This whole mess is actually teaching me to be better at my job and make sure I help people at work who depend on what I do.

Anyway, I am just venting out..... thank you everybody for listening and supporting.... :(
 
Buggin,

I totally understand your feeling. You know what, I even suspect whether I am a criminal but I don't know I am. That is funny, isn't it. I know I am not. I just don't know why my name check is pending. At least, FBI needs to give us a reason and timeline. We need to support and help each other, or we all can't win this lawsuit. Cheer up. Victory is coming.

syt

buggin said:
Milashka, Syt, Skyhigh7, Maoliz, and others,

Thank you all so much for the support. I don't know what I would do without this forum.

I am very frustrated at this point. I have a new job assignment that is very stressful and drains so much of my energy. And yet I have to still call the US Atty, the court, the US Atty, the court, etc.

I was hoping that I would get my US passport by the end of July because I have a trip to Europe scheduled for August. So, now I need to get a Shengen visa from the Italian consulate. I keep calling the consulate to find out what the visa fee is, since they accept ONLY money orders for the exact amount. Their web site has the fee amount but it says to check the fee amount with the consulate before applying for a visa as the fee fluctuates according to the currency fluctuations. I've been calling the consulate for days now and no answer.

I am out of energy and patience. What is wrong with the world? What is wrong with people? Can't we all do our jobs diligently as we get paid to do it? This whole mess is actually teaching me to be better at my job and make sure I help people at work who depend on what I do.

Anyway, I am just venting out..... thank you everybody for listening and supporting.... :(
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Still no dismissal

Hello all,
First of all congretulation everyone that I might missed while I was out, secound I have questions. I still didn't have anything regarding case dismissal from the court. I do worried despite being adviced not to.

Awhile back there was a person mentioned applying for the citizen after have been married to the USC for more then three years. If that person is you please provide the update, and if not but have the knowledge regading the issue please share. I have been married to a USC for more then three years now and applied for the citizenship last month however my application was returned with the explanation that far beyound my comprehension. It stated nothing but the application can't be processing!!!!!,

Thank you in advance,
~C
 
backroady,

I would suggest you contact your congressman again asking him to have a final push for the oath letter. If things still can't get sorted out in 3-4 weeks, then you may want to file suit in early August.

By the way, can you kindly let us know how to order the pro se package from Federal Court in Boston? We want to get ourselves prepared in case we decide to file suit.
 
Wom

I am planing file a WOM in Boston area for my pending I485 case. I am wondering if anyone here want to file the similar suit in the near future and we may walk through this ordeal together.

EB2
PD: 07/2001
I140 AD 01/31/2005
I485 pending on name check from 04/11/2005
 
cuties said:
Hello all,
First of all congretulation everyone that I might missed while I was out, secound I have questions. I still didn't have anything regarding case dismissal from the court. I do worried despite being adviced not to.

Awhile back there was a person mentioned applying for the citizen after have been married to the USC for more then three years. If that person is you please provide the update, and if not but have the knowledge regading the issue please share. I have been married to a USC for more then three years now and applied for the citizenship last month however my application was returned with the explanation that far beyound my comprehension. It stated nothing but the application can't be processing!!!!!,

Thank you in advance,
~C
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When did you get your GC?
 
cuties said:
To suzy,
I mean this one http://www.uscis.gov/graphics/services/natz/Special.htm#spouses
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I may be wrong. But if your GC was approved May 24, 2006 you're not eligible for naturalization now.

In my understanding the wording from USCIS instruction:

"The applicant has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;"

Since you will apply under married with an U.S. citizen category you have to be a permanent resident for at least 3 years...

USCIS says:

"Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:"

In my understanding is 3 years after residing in the U.S. as a lawful permanent resident and, since you got your GC 2 months ago, you're not eligible for naturalization until 2009.
 
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Keep calling the US Attorney's Office

maoliz said:
buggin said:
Hi guys & gals,

Hi maoliz and Buggin,

I just came back from a trip and am reading all the posts I missed. Back in June I dismissed my case on 6/6 and it was signed by the judge on 6/7. But the oath letter did not come for weeks. I went to the Oakland CIS office at least twice and I was told my case was approved but they had not scheduled my oath yet :mad: . At the end I had to call the US Att. again and again, since I would be traveling from late June, and I wanted to confirm the exact date of the oath ceremony. I was told CIS was not in a hurry to schedule my oath, since there wouldn't be one on 7/4, and they usually do not schedule anything until two weeks before.....I had thought I could have made the one on 6/20 (It appears they only do this every other week). Just one day before my trip, I received the invitation finally (6/25).

What I learned from this whole process is: Nothing is easy, especially when you are dealing with the government. Those people simply do not care nor do they share any sense of urgency as we do. I was not embarrassed to call them again and again, leaving messages until they called back. Otherwise, a job would never be done.

Don't give up, but cheer up :)
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Writ of Mandamus

Gurus;
Anybody has recent experience with filing a writ of mandamus, it looks like there is plenty of info about filing a petition for a naturalization hearing here, but nothing much about the Writ Of Mandamus (WOM), I am looking for a step by step instruction on how to do it myself, I am just tired of lawyers telling me to wait for a whole year after the interview.
If you are curious about my details, here they are:
Immigration Office: Las Vegas, NV
application received by CIS: 10/22/05
Finger prints: Dec/ 05
Interview: 3/23/06
 
CIS Ombudsman

Anybody knows the phone number of the Ombudsman's office? I appreciate any information on that, thanks.
 
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