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

moody22 said:
Hi Everyone,

I wrote a letter to MRS. Bush at the end of May, explaining to her the 2 years delay in my N-400 (filed June-04) due to the name check/ background security check. I also told her that I’m a scientist, just get my MBA from American university, 2 FBI-FOIPA with no record, 2 N-400 interviews get cancelled because the Name Check p.s.
I also told her that she is my last hope in solving this problem with FBI/ CIS before leaving the country, since I can’t take this any more.

Today, July/ 20, I received a printed card from the white house (Director of correspondence/ office of the first lady) stating that the first lady is thanking me for my letter. She shared my INFO with members of the white house staff who work directly with the agency that has jurisdiction over my issue. The appropriate agency will review my correspondence and be in touch with me directly. And she hopes the circumstances I face will be resolved soon.

Now my question to all folks had a similar letter before from the white house, is this means that my name check will be resolved soon and I will get a new interview letter.
Or FBI/ CIS will come back to me with the old crap of name check is pending and can take several years to get resolved, with an ugly copy of the fact sheet they posted in their website.

Please share your opinions/ experience.

Regards,

Moody
Click to expand...

Dear Moody,
I did write to WH and got a similar letter. After about two months I got a letter from Mr. Hooton that my name check was processed and finalized and sent to USCIS. So, you should see something maybe in 2-3 months. WH letters help.
Whether USCIS will do anything with it is another question. You may be lucky and that will conclude the entire case. In my case they told me that the name check is complete but other are not complete- don't know what it means. My FOIPA was also "no record".

I called my AUSA and it looks like we will end up in front of the court, everyone is cryptic about everything and I don't know what is going on. I filled Pro Se and maybe will need to talk to some lawyer but I will wait to see what they say.

Best Regards
 
sfaizullah said:
Dear Moody,
I did write to WH and got a similar letter. After about two months I got a letter from Mr. Hooton that my name check was processed and finalized and sent to USCIS. So, you should see something maybe in 2-3 months. WH letters help.
Whether USCIS will do anything with it is another question. You may be lucky and that will conclude the entire case. In my case they told me that the name check is complete but other are not complete- don't know what it means. My FOIPA was also "no record".

I called my AUSA and it looks like we will end up in front of the court, everyone is cryptic about everything and I don't know what is going on. I filled Pro Se and maybe will need to talk to some lawyer but I will wait to see what they say.

Best Regards
Click to expand...
Actually, you're the person i was looking for.

I saw your post before when you wrote to the President, and they get back to you 2 or 3 months later.
could you please take a couple minutes to answer my Q's:

Did they sent you a typed card, or a letter?

Did they told you the same thing they told me, or they said your name check was completed?

is that's a good sign, or just routine answer that sombody have to send a pre-typed card like this to show the community that the white house is responding, then nothing happen?

why your case get complicated, even though after the W.H ordered them to do thier damn job?

Please reply.

Regards,

Moody
 
sfaizullah said:
Hi,
I wanted to give one more update. Armed with the letter from Mr. Hooton I thought it will be easy sailing. Well the reality is that it was just a "thought". I send this to the DA office; the asst. attorney assigned to my case confirmed that he did receive it. I also send it to court. And while I was at it, I also passed a copy to my Congressman's office whom I contacted long ago. I also made a copy of what I sent to DA and sent a copy to Newark DO.

The Congressman's office told me that yes my name check is cleared but your security clearance is not yet complete. According to them it "is the standard practice of security clearance, there are a number of agencies that must complete there checks." But the USCIS notice clearly (and ONLY) stated name check pending. I thought for naturalization only this was required. Am I right?

I also spoke to the attorney assigned to my case and he said he did send emails to FBI & USCIS for more information but nothing yet. His answer is due July 17th.

I feel like I will be one of those who will never win this. I am feeling so down that I am thinking just to abandon it altogether. They may keep bringing new stuff and change everything forever. I am not sure if it is any value to be citizen of a country whose statutes doesn't mean anything to the very officers who are supposed to uphold. After all, didn't most of us leave the citizenship of other such countries? The only thing still keep me going is my mother's case and it will make it easy on her.

Best Regards
Click to expand...

Hi,
One more update. I left a message to AUSA and he then called. So, it looks like we are headed to the court. He was cryptic in his answer (very nice fellow though and respectful). At this point I know that he is going to submit reply sometimes next week. I asked him, based on the letter from Mr. Hooton my case should be straight forward but it does not look like we are headed that way. I will know more next week when he files his reply.

I am just confused and don't know what is going on. I am also now not sure if Pro Se was the right thing.

One question from all, particularly Suzy/SuperK/Mohamed/others, is why would they take this position given that Mr. Hooton has written that my name check is processed and finalized? My FOIPA was "no records" as I wrote before.

Second question, should I look into hiring a lawyer? Don't know what they have in store for me. I will wait till next week when AUSA file his reply to the court to know for sure.

Last question, can the judge grant what AUSA ask for without trial (and without me)?

Best Regards
 
moody22 said:
Actually, you're the person i was looking for.

I saw your post before when you wrote to the President, and they get back to you 2 or 3 months later.
could you please take a couple minutes to answer my Q's:

Did they sent you a typed card, or a letter?

Did they told you the same thing they told me, or they said your name check was completed?

is that's a good sign, or just routine answer that sombody have to send a pre-typed card like this to show the community that the white house is responding, then nothing happen?

why your case get complicated, even though after the W.H ordered them to do thier damn job?

Please reply.

Regards,

Moody
Click to expand...

Moody,
I got a letter (from Presidential Correspondence Dir, Marguerite Murer) and they basically said that they are sending it to DoJ as per her they have expertise to address my concerns. Well, in my case at least Mr. Hooton sighted my letter to WH so I believe it helped. You should receive something in a few months.

Now, I don't know why my case is becoming complicated but it seems that I may be headed to the court or judge's decision.

Best Regards
 
sfaizullah said:
Hi,
One more update. I left a message to AUSA and he then called. So, it looks like we are headed to the court. He was cryptic in his answer (very nice fellow though and respectful). At this point I know that he is going to submit reply sometimes next week. I asked him, based on the letter from Mr. Hooton my case should be straight forward but it does not look like we are headed that way. I will know more next week when he files his reply.

I am just confused and don't know what is going on. I am also now not sure if Pro Se was the right thing.

One question from all, particularly Suzy/SuperK/Mohamed/others, is why would they take this position given that Mr. Hooton has written that my name check is processed and finalized? My FOIPA was "no records" as I wrote before.

Second question, should I look into hiring a lawyer? Don't know what they have in store for me. I will wait till next week when AUSA file his reply to the court to know for sure.

Last question, can the judge grant what AUSA ask for without trial (and without me)?

Best Regards
Click to expand...

Hi sfaizullah

I'm at work now, but i may have some answers for you when i got home, An hour from now.

Regards,

Moody
 
maoliz said:
Today I went to USCIS district office to check my case status. My case has been remanded for 3 weeks and I haven't heard anything from AUSA yet. He promised me that I could take oath ceremony by July.

Guess what I found out? They already scheduled my oath ceremony on 7/26/06 and the letter was sent out on 7/15/06. Surely when I went back to home, the oath letter was lying in my mailbox :D :D

Many many THANKS to Publicus who started this thread and who is the pioneer in fighting with USCIS for our rights! Also thanks to friends and supporters in this forum: emachineman, mohamedmohamed, suzy, balto, Eastbayer, Buggin etc, without all of your help, I might still be waiting in the black hole.

I'm so relieved that life can finally move on. Good luck to those who are still in fight and I believe you can all win at the end :)

maoliz

===============
4/22/05 - N-400 naturalization application filed
7/7/05 - Fingerprinting date
9/13/05 - Interview date (pending the FBI name check)
5/26/06 - 1447(b) Petition filed and US Attorney served
6/23/06 - Name check cleared and filed joint motion to remand the case for 60 days
6/27/06 - Judge signed the motion
7/26/06 – Oath Ceremony
Click to expand...

Maoliz, Congratulations!!!
I wish you the best!

I am still waiting for the Remand Motion. The AUSA just takes her time :mad: She promised me again (!) that she will send this Motion to me by FAX this afternoon. I have to sign it and FAX it back, because she cant file the Remand Motion without my signature :rolleyes:
 
No hope here for AoS, thinking for filing a writ

This forum has lots of good information. My AoS was filed in April 2002, and I am still waiting. About over a year ago, my case was transfered to local USCIS (INS) Orlando office. Seems like I got on the back of queue again, and latest I heard, they are waiting NameChecks.

After reading through this forum, I am seriously considering filing a motion in District court.

Does anyone have a sample petetion / motion which was filed in Florida?? That will help me greatly to get started. Thanks once again.
 
sfaizullah said:
Hi,
One more update. I left a message to AUSA and he then called. So, it looks like we are headed to the court. He was cryptic in his answer (very nice fellow though and respectful). At this point I know that he is going to submit reply sometimes next week. I asked him, based on the letter from Mr. Hooton my case should be straight forward but it does not look like we are headed that way. I will know more next week when he files his reply.

I am just confused and don't know what is going on. I am also now not sure if Pro Se was the right thing.

One question from all, particularly Suzy/SuperK/Mohamed/others, is why would they take this position given that Mr. Hooton has written that my name check is processed and finalized? My FOIPA was "no records" as I wrote before.

Second question, should I look into hiring a lawyer? Don't know what they have in store for me. I will wait till next week when AUSA file his reply to the court to know for sure.

Last question, can the judge grant what AUSA ask for without trial (and without me)?

Best Regards
Click to expand...

Ok Sfaizullah,

I think our cases are similar except for the fact that you get interviewed, I didn’t.

I went to the citizenship office several times through the last 7 months, and I get 4 different answers each time:

1.Your case is pending final decision.
2.Your case is pending security background clearance.
3.Your case is pending for interviewing schedules.
4.All the checks look Ok, except for background security clearance.

Note until now nobody mentioned/ referred to Name check is pending.

I was also told that my file is in the headquarter office in Washington waiting for the security clearance to be completed, and what they have here in the local office is just a temporary file

My attorney requests to the CIS came back with pending security background clearance.

The Senator request to the CIS came back with pending security background clearance.

One time while I was in the citizenship office, I asked to speak to the supervisor. He came to me with a rode face/ mouth, told me that the security background clearance was not completed yet, and we can’t proceed with your case until we have the response back from all agencies. I asked him: could this take up to 2 years. He answered back: yes, because it’s through multiple agencies, not one or two. When I asked for expedite request, he said we already applied for you.

My conclusion is: The name check from the FBI is just part of the background security checks, but not evrything. my name check was cleared long time ago, and I don’t have a problem there. But they haven’t received the answers from all the agencies. Say they have 24 agencies doing the security check, 23 responded already, and one didn’t, the security clearance will be still pending, even though the name was cleared, and that's very much what kind of crap you will here in the court, plus the other p.s stuff like jurisdiction bla bla bla

While I don’t give a crap-ass what so ever to what information they get about me, since I know that my background is absolutely 100% clean, either here in the U.S., or back home in my country, I just think they’re trying to justify their incompetence and laziness by scaring us.

So wait till you get his response at the court, and act accordingly.

I don't agree with you regarding that you did the wrong thing by filing in the court. at least your case is moving forward, and you'll find out what crap they have for you and deal with it, better than sitting there waiting for your entire life for the oath letter.

Regards,

Moody
 
moody22 said:
Ok Sfaizullah,

I think our cases are similar except for the fact that you get interviewed, I didn’t.

I went to the citizenship office several times through the last 7 months, and I get 4 different answers each time:

1.Your case is pending final decision.
2.Your case is pending security background clearance.
3.Your case is pending for interviewing schedules.
4.All the checks look Ok, except for background security clearance.

Note until now nobody mentioned/ referred to Name check is pending.

I was also told that my file is in the headquarter office in Washington waiting for the security clearance to be completed, and what they have here in the local office is just a temporary file

My attorney requests to the CIS came back with pending security background clearance.

The Senator request to the CIS came back with pending security background clearance.

One time while I was in the citizenship office, I asked to speak to the supervisor. He came to me with a rode face/ mouth, told me that the security background clearance was not completed yet, and we can’t proceed with your case until we have the response back from all agencies. I asked him: could this take up to 2 years. He answered back: yes, because it’s through multiple agencies, not one or two. When I asked for expedite request, he said we already applied for you.

My conclusion is: The name check from the FBI is just part of the background security checks, but not evrything. my name check was cleared long time ago, and I don’t have a problem there. But they haven’t received the answers from all the agencies. Say they have 24 agencies doing the security check, 23 responded already, and one didn’t, the security clearance will be still pending, even though the name was cleared, and that's very much what kind of crap you will here in the court, plus the other p.s stuff like jurisdiction bla bla bla

While I don’t give a crap-ass what so ever to what information they get about me, since I know that my background is absolutely 100% clean, either here in the U.S., or back home in my country, I just think they’re trying to justify their incompetence and laziness by scaring us.

So wait till you get his response at the court, and act accordingly.

I don't agree with you regarding that you did the wrong thing by filing in the court. at least your case is moving forward, and you'll find out what crap they have for you and deal with it, better than sitting there waiting for your entire life for the oath letter.

Regards,

Moody
Click to expand...

Thanks Moody! I meant that in my case Pro Se may not have been the right way to go to court not that I went to court. I then thought it will be very fast as more than 120 days are past on my interview. Now I don't know what kind of legal stuff they will pull and a lawyer maybe more suitable.

Thinking back, as much as I knew then, going Pro Se was the right decision. Now with new reality I don't know.

Best Regards
 
2nd interview and expecting for the worse

Well I have a 2nd follow up interview scheduled. Not sure what that means, nor the purpose for it.
It seems like not many people over here were required to have a second interview.

So basically I'm expecting for the worse, since they may give a BS reason to deny my application.

In case the application gets denied, does the lawsuit gets dismissed?
what are the steps to take in case such happens?

any feedback would be appreciated

Regards
 
GZMBK1,

Don't worry about it. In fact this is a good sign. It seems your first interview was somewhere in 2004 almost 2 years back.

So this second interview will be more less formality to make sure "nothing bad happened from you in last 2 years as it the 2 years is a long time :)

I think someone posted here before - they treat you nice in seconf interview. You will come out probably taking oath the same day :)

Best luck
 
sfaizullah said:
Thanks Moody! I meant that in my case Pro Se may not have been the right way to go to court not that I went to court. I then thought it will be very fast as more than 120 days are past on my interview. Now I don't know what kind of legal stuff they will pull and a lawyer maybe more suitable.

Thinking back, as much as I knew then, going Pro Se was the right decision. Now with new reality I don't know.

Best Regards
Click to expand...

Moody, your situation looks different from sfaizullah since he had an interview. enclosed PDF is a complaint from a IO to the service center about background checks . It looks like FBI criminal check is done at the service center then ID is scheduled and name check is the only thing pending at that point. It looks like name check not being complete is being termed by the IO as "background checks" not complete. Just a thought based on what I can interpret. also notice no mention of IBIS ??? Also it looks like all these checks have to happen at the service ctr level. Just a thought based on what I can interpret. What do you think.

(original pdf: http://lang.dailybulletin.com/projects/pdfs/041606_idchecks.pdf
 
Last edited by a moderator:
Humbledbychk said:
GZMBK1,

Don't worry about it. In fact this is a good sign. It seems your first interview was somewhere in 2004 almost 2 years back.

So this second interview will be more less formality to make sure "nothing bad happened from you in last 2 years as it the 2 years is a long time :)

I think someone posted here before - they treat you nice in seconf interview. You will come out probably taking oath the same day :)

Best luck
Click to expand...
thanks for your encouraging words.

regards
 
No Attorney assigned to case yet

I filed WOM on 6/03/06 and sent the summons were sent out same day and received by defendents on 6/07/06. I called my local Attorney's office to check who has been assigned to my case, and they do not have any information yet. What do I need to do? Attorney's office asked me to check with the court and the court said Attorney's office will provide this information. I just sent the certificate of service to the court for USPS receipts t'day. PLease advice what I should do.. Also teh 60 day counting starts after the defendents recived the complaint (Date on USPS receipt) or when court receives teh USPS receipts from me.

-- Thanks
 
samson_33 said:
I filed WOM on 6/03/06 and sent the summons were sent out same day and received by defendents on 6/07/06. I called my local Attorney's office to check who has been assigned to my case, and they do not have any information yet. What do I need to do? Attorney's office asked me to check with the court and the court said Attorney's office will provide this information. I just sent the certificate of service to the court for USPS receipts t'day. PLease advice what I should do.. Also teh 60 day counting starts after the defendents recived the complaint (Date on USPS receipt) or when court receives teh USPS receipts from me.

-- Thanks
Click to expand...

the 60 days starts the day that the district attorney receives the summon. I believe the AUSA in my case was assigned after they received the certificate of service
 
billa007 said:
This forum has lots of good information. My AoS was filed in April 2002, and I am still waiting. About over a year ago, my case was transfered to local USCIS (INS) Orlando office. Seems like I got on the back of queue again, and latest I heard, they are waiting NameChecks.

Does anyone have a sample petetion / motion which was filed in Florida?? That will help me greatly to get started. Thanks once again.
Click to expand...

Hi here is my AOS case that I copied from the sample posted in this thread. You can find it if you go through from the beginning and you will find lots of information if you take more time to read through in this thread. Best Wishes to your case.
 
need help on pacer to find an attorney in my region

Hi Experts:

I need some help of using search on pacer to find an attorney in my region who have filed 1447(b) complain for his/her client. I was on the search page of pacer and select 'Civil' and select 'California' as region and give some date range. Then I don't know what to do next. What is the party Name? Is it the attorney name that I need to input? How am i able to find all the 1447(b) complaints in a specific region within a date range? I remember someone on this forum posted instruction before. If anyone know or have the instruction, please post it. OR please share your experience of search on pacer. I am trying to locate an attorney at north or centeral california. Thanks,

jack
 
Ask USCIS director

Every one should post questions regarding the name check mess that FBI has created for USCIS and the complete disregard USCIS has for resolving the backlog (over half-million, it almost never goes away).
 
Yes. I alread did. I hope everyone on this forum ask same background check question.
PendingN400 said:
Every one should post questions regarding the name check mess that FBI has created for USCIS and the complete disregard USCIS has for resolving the backlog (over half-million, it almost never goes away).
Click to expand...
 
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