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

Well, Finally, spoke with AUSA today. one day before filling the default judgement motion. He told me that the homeland security doesn't have the power to tell the FBI to expedite my name check and there are many suits pending with him. The problem here with the district, they assign one lawyer for all immigration cases. so the guy seen it all, so 60 days after the filing, he is just started to look at my case. Hopefully something comes up here pretty soon.

I told him, I will fax him the memorandum of expediting the name check by the USCIS. He even compalined about many of the cases being done by the FBI and the USCIS still hold the application. I will keep you guys updated on the development. As for bugging, I would threaten to file another law suit, that may get things going for you.
 
Barxotka said:
Thank you!! Thank you for names. the information you have provided is very helpful. I contacted the clerk yesterday and she said that she will mail me the petition that I need to file, i will have to write all of my information and then get a money order for $350. I am going to wait for petition but i saw some examples on this website and I probably just use them.

I have two questions for you if you don't mind:

1. Did you file in person and if yes - where did you go (Hogan Street)? Yes you go in person to the court in Hogan street , you take 7 copies of the petition, you sign them right there in front of the clerck that checks your ID and you pay the fees, the fees should be in Money order, I do not remember who it is payable to, but you can call and ask the clerck and they will tell you

2. I need to file the only one document:
PETITION FOR HEARING ON NATURALIZATION APPLICATION UNDER 8 U.S.C. § 1447(b) ?
yes you only need the petition
3. After I will get summons by mail - I will need to send them to those "nice" people you have mentioned in you post?

For the summons , you can make download them online and fill them up and take them with you the same day, I did not do that because I did not know , so I had to go back for the summons. but since you know now , no need for two trips to court :) as i said if you go to the court website http://www.flmd.uscourts.gov/ you can download the summons under forms and fill them up and take them with you the same day, summons also need to be stamped by the clerck before you send them to defendents.

If you need any other help please let me know, and wish me good luck with my case

Thank you!!!! and Good luck to you as well.
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FedoraCore said:
Well, Finally, spoke with AUSA today. one day before filling the default judgement motion. He told me that the homeland security doesn't have the power to tell the FBI to expedite my name check and there are many suits pending with him. The problem here with the district, they assign one lawyer for all immigration cases. so the guy seen it all, so 60 days after the filing, he is just started to look at my case. Hopefully something comes up here pretty soon.

I told him, I will fax him the memorandum of expediting the name check by the USCIS. He even compalined about many of the cases being done by the FBI and the USCIS still hold the application. I will keep you guys updated on the development. As for bugging, I would threaten to file another law suit, that may get things going for you.
Click to expand...
Hang in there, FedoraCore.
As for me, I am thinking about filing a complaint about the judge to the judicial bar. The longer she is delaying it, the worse her case is going to look. Of course, if I decide to do it, I'll do it after I have mu US Passport. :D
 
Law Suite in Progress?????

Hi Guys,

I have filed 1447b on May02, 2005, i receieved a 2nd finger print letter in first week of june. Then i got a letter from US Att. stating that they have requested another 30days extention. He also said that he is still waiting for my Administrative File.

I went to USCIS last week, and i was told that they are waiting for my administrative file. so i figured that my FBI name check has been completed but now they are waiting for this file. There is no way for me to find out if my name check has been completed yet or not, ofcourse the USCIS clerk will not give me any more info.

Does any one has similar experience, i have filed my case in Eastern District of New York. I have tried calling US Att. numoruos times but some how he is never at his desk.......


n400 interview 070705
1447b filed 050206
2nd finger print notice 061006

another 30extension letter 062706
ANSWER DUE 080306
 
buggin said:
Hang in there, FedoraCore.
As for me, I am thinking about filing a complaint about the judge to the judicial bar. The longer she is delaying it, the worse her case is going to look. Of course, if I decide to do it, I'll do it after I have mu US Passport. :D
Click to expand...

By the way buggin, per 9 th circuit court, the USCIS can aprove your application, but cannot deny it to moot the law suit. So you still can be sworn in as a us citizen without dropping your law suit. You may wanna look that case up
 
Questions about oath ceremony

Hi guys,

May I invite guests to my ceremony, or nobody would be allowed except myself?

Another question I have is: I did travel overseas once after the interview. Is it going to put me to the line in front of a supervisor, like Publicus?

I am kinda anxious now. My big day is next Tuesday.

Thanks.
 
Eastbayer said:
Hi guys,

May I invite guests to my ceremony, or nobody would be allowed except myself?

Yes you can invite guests, usually they are seated in the "guest area" separate from you, the naturalized people.

Another question I have is: I did travel overseas once after the interview. Is it going to put me to the line in front of a supervisor like Publicus?

It shouldn't. I did travel too, I've declared that and it wasn't any problem. Just have your Passport with you, in case they want to see the exit/entry visa.

I am kinda anxious now. My big day is next Tuesday.

Come on, you have no reason...in fact if we consider that we all are anxious before the big events, it's just normal...DON'T WORRY, BE HAPPY!...it's a great moment in your life. :)

Thanks.
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Hi guys,

I filed a WOM complaint at the District Court early this week and I just found that in "PARTIES" section, I put Eduardo Aguirre as the Director of USCIS (the former director) instead of Emilio T. Gonzales (the current USCIS director), although in the Defendant list in the 1st page, I used the right name "Emilio T. Gonzale". I am wondering if this would be a problem, or should I file a correction for this mistake to the court? I did this because I copied and pasted from an old mandamus. I should be more careful before I file the complaint at the court.

Also another question is: how long it usally takes to get a summons after you filed a complaint? I filed my complaint at the Middle District of Pennsylvania and would like to send the complaints out as soon as possible.

Thanks,
bobby
 
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FedoraCore said:
By the way buggin, per 9 th circuit court, the USCIS can aprove your application, but cannot deny it to moot the law suit. So you still can be sworn in as a us citizen without dropping your law suit. You may wanna look that case up
Click to expand...

Hi FedoraCore,
I am in 9th circuit court too, could you provide the link to that information?
Thank you.
 
I received summons(WOM) today. The court clerk actually sent me 8 copies of summons (4 orginal and 4 copies). For the name mistake of the USCIS director I made, I corrected it and printed 6 copied of complaint plus the exhibits and sent them out together with summons with certified mail with return receipt. As suggested by Buggin, when I mailed them, I did mention I don't need signatures for the return receipts.

The court clerk stapled the summons with Form "Reture of Service" (for each copy). I thought the Return of Service will be filed at the court and the US attorney after I receive return receipts of the certified mails. So I dis-stapled the Return of Service and just put the summons itself and a complaint in each envelope.

By the way it takes less than a week to get the summons after you sent a complaint to the court, at least this is true for my case.

Please advise me if there is anything I did not do right.

bobby
 
I am one step closer to my final goal!!!

Hi friends,

I've been thinking a lot about the next step I should take in my lawsuit. I was getting very frustrated with the US Atty's office and the judge. The whole reason for my lawsuit was to put an end to my waiting, and now they keep telling me that I need to wait for the judge to sign the dismissal order. I decided to fight with the system and make everybody do their job. So, I decided on Monday to start calling the US Atty, the judge's clerk and do whatever it takes to get things moving.

Well, today I got an oath cermony notification from the USCIS in the mail! Can you believe it? I couldn't. I went on PACER and checked if the dismissal order had been filed. Well, it wasn't. So, my guess is that the USCIS didn't wait till the dismissal of my case and went ahead and approved my naturalization. Wow!!! I don't know what to say. I guess there are still people doing work there.

All in all, I am happy. My oath ceremony is scheduled for July 25, 2006. I hope nothing else is going to happen till then.

Thank you, friends, for being there for me. :D
 
Second finger print experience

I receieved a letter for a second finger print, and on the bottom it said
I-485/Mandamus,my last FP was 4/05, so this one is related to my case.
I am wondering what are other people experience with 2ed finger print?
does it mean the case is moving forwared?
Thanks for any input
 
It's been good thing to my case

AL11 said:
I receieved a letter for a second finger print, and on the bottom it said
I-485/Mandamus,my last FP was 4/05, so this one is related to my case.
I am wondering what are other people experience with 2ed finger print?
does it mean the case is moving forwared?
Thanks for any input
Click to expand...

Hello there,

In my case I was recieved the FP noticed after I filed for the WOM a little of a month. It's proved to be a very good sign. And one thing I want to note here is that the FP was schedule for July 2 which is pass the 60 days dead line. I decided not to wait and went to have the FP done at the very next day after received the notice. I called the FBI the day after to confirm and my case was approved a week before the dead line.

After talked to a freind who is the US. Attn Assistant and having difficulty dealing with the way the UCSIS, FBI works; we have came up with this conclusion they schedule the FP after the dead line so it will be the reason for them to ask for the extention. However this was our own thinking.

Best regards,
~C
 
cuties said:
Hello there,

In my case I was recieved the FP noticed after I filed for the WOM a little of a month. It's proved to be a very good sign. And one thing I want to note here is that the FP was schedule for July 2 which is pass the 60 days dead line. I decided not to wait and went to have the FP done at the very next day after received the notice. I called the FBI the day after to confirm and my case was approved a week before the dead line.

After talked to a freind who is the US. Attn Assistant and having difficulty dealing with the way the UCSIS, FBI works; we have came up with this conclusion they schedule the FP after the dead line so it will be the reason for them to ask for the extention. However this was our own thinking.

Best regards,
~C
Click to expand...

Thanks Cutie for your reply,
which # did you use to call the FBI, is the # for the fingerprints in WV or FBI headquarters in DC.
it looks like you are recommending that i go for FP as soon as possible and not wait until the specified date. even though the date is 5 weeks before the deadline?
what I don't understand, why do they need a second FP to process the case?
 
Buggin,

CONGRATSssssss...

Please change you signature. Removing the "possible" :p

syt

buggin said:
Hi friends,

I've been thinking a lot about the next step I should take in my lawsuit. I was getting very frustrated with the US Atty's office and the judge. The whole reason for my lawsuit was to put an end to my waiting, and now they keep telling me that I need to wait for the judge to sign the dismissal order. I decided to fight with the system and make everybody do their job. So, I decided on Monday to start calling the US Atty, the judge's clerk and do whatever it takes to get things moving.

Well, today I got an oath cermony notification from the USCIS in the mail! Can you believe it? I couldn't. I went on PACER and checked if the dismissal order had been filed. Well, it wasn't. So, my guess is that the USCIS didn't wait till the dismissal of my case and went ahead and approved my naturalization. Wow!!! I don't know what to say. I guess there are still people doing work there.

All in all, I am happy. My oath ceremony is scheduled for July 25, 2006. I hope nothing else is going to happen till then.

Thank you, friends, for being there for me. :D
Click to expand...
 
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