Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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My understanding is that you should sue USCIS, since your case is being hold by them. It is OK to put FBI since it is part of system. USCIS can request your name check to be cleared by FBI. And pending WOM is a way to push USCIS to speed up your name check.
I sent some Fedex to bunch of people to state my intent of going to court. I do not expect there is any response, but it is good to show that I have tried my best before I have to seek remedy in court.
I am more interested in the Bill which sponsored by a New York congressman asking more fund for FBI to speed up name check. I think we should push this bill to be introduced again. The failure of that bill lies heavily on the source of money. I suggest that USCIS can increase fee for every application needing name check. Well, I personally do not mind paying some extra to speed up my application.
Either way, this name check system is broken and needs to be fixed. Can you image that we have to go through this again when it is time to apply for citizen?
I sent some Fedex to bunch of people to state my intent of going to court. I do not expect there is any response, but it is good to show that I have tried my best before I have to seek remedy in court.
I am more interested in the Bill which sponsored by a New York congressman asking more fund for FBI to speed up name check. I think we should push this bill to be introduced again. The failure of that bill lies heavily on the source of money. I suggest that USCIS can increase fee for every application needing name check. Well, I personally do not mind paying some extra to speed up my application.
Either way, this name check system is broken and needs to be fixed. Can you image that we have to go through this again when it is time to apply for citizen?
hope_Nov said:
buggin said:
Buggin,
I asked about the expiration of 60 day and the court clerk told me that the starting point is the day EACH defendant receives the summons. So if you file WOM in day 1, you have 120 days to serve them. It depends on when you mail them the summons.
Finally
Hi all,
Yesterday US Attorney contacted me with regard to my 1447(b) I field in the district court on May 24, 2006. US Attorney asked me if I agree to sign a stipulation to dismiss the case. In consideration for the dismissal, USCIS agrees to adjudicate my application for naturalization within one week of the date of entry of the order of dismissal. I asked him when should I expect the ceremony date? He said USCIS is trying to schedule you on July 27, 2006.
What a victory…
I am posting this good news to thank every single person who participate and add value to this thread.
Thank you so much and best of luck to everyone
Hi all,
Yesterday US Attorney contacted me with regard to my 1447(b) I field in the district court on May 24, 2006. US Attorney asked me if I agree to sign a stipulation to dismiss the case. In consideration for the dismissal, USCIS agrees to adjudicate my application for naturalization within one week of the date of entry of the order of dismissal. I asked him when should I expect the ceremony date? He said USCIS is trying to schedule you on July 27, 2006.
What a victory…
I am posting this good news to thank every single person who participate and add value to this thread.
Thank you so much and best of luck to everyone
TheRock20148
Registered Users (C)
Certified Mail With Receipt
I mailed 1447(b) and summon to District attorney, Washington District director (they have recieved it) but DHS, DOJ and FBI have not recieved it yet. My 60 days start with US district attorney acknowledgment or when everyone will get it?
Should I try to send it again to DHS, FBI and DOJ with UPS or FEDEX? I need help, anyone can jump on this.
Thanks
I mailed 1447(b) and summon to District attorney, Washington District director (they have recieved it) but DHS, DOJ and FBI have not recieved it yet. My 60 days start with US district attorney acknowledgment or when everyone will get it?
Should I try to send it again to DHS, FBI and DOJ with UPS or FEDEX? I need help, anyone can jump on this.
Thanks
Read your court rules. My court's rule is that the 60-day clock starts ticking after the US Atty is served. This is important because the US Atty represents all the defendants and does all the court work. You shouldn't count 120 days from the day of the filing. You should count 60 days from the day you served on your US Atty. That is when the defendants' answer is due.ernorman said:
This is the problem with attorneys. They are not motivated enough to get your case going as fast as possible. Either way, you shouldn't count the time from the dates on the return receipts. Normally, defendants are considered to be served on the day you mailed them your complaint, not on the day when they received it.Mette said:I'm doing this through an attorney and she served summonses very-very late, and the return receipts are 07/05/2006
______________
I-485 RD April 2003
WOM filed 06/05/2006
The 60 days start from the day the US Atty is served. You don't need to re-send your complaint to everybody. As long as you have the USPS receips that show on what date you mailed the packages, you can file those with the court as a proof of service.TheRock20148 said:
moody22 said:Haddy,
I will try to answer your question up to the best i can.
Yes, the FBI use to respond to emails, faxes, letters regarding the status of the person name check, when it was recived and if the response was foroward to the CIS.
But not any more, they stopped any response due to the nemerous phone calls and emails and faxes and letters. as i understood, they are very frustrated about these inquiries. Remember that, at one point time there was 3.5 million case stalled for this P.S name check.
i called the name check unit in Washington last month to aquire the dates about my case, the women who answered me almost screamed at me in the phone, even though i was very very friendly, and she said we don't give a status any more to anybody.
If you looked at the date of the example you posted, it's from 2004, which means two years ago. but now they don't respond to the status inquiries, even the custumer miss-information number people and INFOPASS offecires don't tell you when the CIS acquired your name check. they only can tell you if it's cleared or not, and i tried with them myself several time.
last time i went to the infopass office, i asked the lady to request an expedite process for my name check since i been waiting more than two years now, and she said NOOOOOOOO, like i was asking her to lend me $1000. furthermore, she told me the FBI told them don't request an expedite name check for anybody. when i asked her to speak to the supervisor, she told me: not for this issue, i'm sorry
the only way for you to know, is through congressman, or your senator if you write to them and ask them for this specific information from the FBI directlly.
Hope this will help.
Regards,
Moody
Moody great Detailed Answer/... Thank you... you are right you know one has to ask and try... I am trying to get my senators and congressmen to help me but as you know some can and some cannot...
TheRock20148
Registered Users (C)
Great!!
Buggin, Do you ave format for proof of service? plus what if for some reason USPS unable to deliver summon to defendent? This is my burden? Should I haveo worry? Because I checked online status and USPS try odeliver but unable to do it so far, but us district atorney and Washington District USCIS director and FBI is served.
This is enough? what if postal return my summon if unable to deliver to DHS, DOJ? Do i have to resend once postal service return back to me/
Thanks
Buggin, Do you ave format for proof of service? plus what if for some reason USPS unable to deliver summon to defendent? This is my burden? Should I haveo worry? Because I checked online status and USPS try odeliver but unable to do it so far, but us district atorney and Washington District USCIS director and FBI is served.
This is enough? what if postal return my summon if unable to deliver to DHS, DOJ? Do i have to resend once postal service return back to me/
Thanks
When you require signatures for certified mail, the USPS has to get a signature from a person accepting the package. That is the reason your packages hasn't been delivered yet. When you get the packages back, re-send it via certified mail but do not request signatures. That should be sufficient.TheRock20148 said:
For the proof of service, use a form called "Certificate of Service." You can download it from your court's web site (look for forms). Fill it out, attach certified mail receipts showing the date when you mailed your complaint to each defendant, attach delivery confirmations printed out from the USPS web site and mail this all to the court clerk. This is your proof of service.
How usefull the letter of intent is??
Does any of you guys know of anybody who benifited from sending a letter of intent to the US attorney? it looks like everybody send it just to show an effort to resolve the delay before resorting to the courts, without really expecting any outcomes, is that the only purpose of this letter? does the US attorney ever interfere with the matter before it reaches the court?
My other question is: can I send the letter of intent, or even a friendlier letter to the US attorney before the 120 days end, and still show a good intent?? and then file for 1447 exactly on the 120th day?
Please advice.
Does any of you guys know of anybody who benifited from sending a letter of intent to the US attorney? it looks like everybody send it just to show an effort to resolve the delay before resorting to the courts, without really expecting any outcomes, is that the only purpose of this letter? does the US attorney ever interfere with the matter before it reaches the court?
My other question is: can I send the letter of intent, or even a friendlier letter to the US attorney before the 120 days end, and still show a good intent?? and then file for 1447 exactly on the 120th day?
Please advice.
Omda,Omda said:
First of all congratulation. Can you please share your finger print dates with us? When did you receive the FP letter for the first FP and when were you Finger Printed for the first time? Also, did you get a 2nd FP letter and when will your 2nd FP will be? It is my understanding that the FP should expire after 15 months and you need to take a second set of FP before you can be administered for oath. Please share this with us.
curious100
Registered Users (C)
Xu111, I sent you a private message. Could you please take a look at it and help? Best of luck to your wife's case!
GCWaitEB12005
Registered Users (C)
Considering filing WOM - need advise
2 Questions.
Can I continue to keep my current company law firm for I485 and pick another law firm for WOM?
Does anyone know about WOM filing success/failure in Oklahoma?
Can one of u recommend a law firm with experience in WOM in OK.
Thanks
2 Questions.
Can I continue to keep my current company law firm for I485 and pick another law firm for WOM?
Does anyone know about WOM filing success/failure in Oklahoma?
Can one of u recommend a law firm with experience in WOM in OK.
Thanks