brightstar
Registered Users (C)
Mabrook Bashar 
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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RealSuperK
Registered Users (C)
bashar82 said:
Bashar, you earned every single bit of this victory.
Congrats!
Alaskan Bear
Registered Users (C)
Hello, everyone. I filed a lawsuit on N-400 case 2 weeks ago. I want to be prepared in case the defendants file for a motion to dismiss. I have the case numbers and petitioners of other cases, but I need the case outcomes in order to show justification to the Judge. I've checked PACER website, but I need info on how to narrow down the search with proper keywords to get to the specific cases cited on this forum. Thanks For Your Input.
To my understanding it is up to particular judge how to handle this cases. If You take a closer look at cases on pages 90-91 and check them on PACER, then it is clear how different judges handle it. For example, my case was assigned to WJM(William J. Martini), who,as you can see,immediately enters ORDER TO DEFENDANTS TO ANSWER and takes full control of the case by invalidating any communications between parties, unless properly filed with court. In one of the cases that order was removed as mistake, but it being mailed not only to US Atty., but also to USCIS, so one way or the other they have to look at your file again. In my case I didn't even mailed summons, just waited for US Atty's answer to judges order. They answered with 2 weeks extension of time folowed by OATH LETTER and I asked judge to dismiss my case.sfaizullah said:
Other judges just wait for you to finish with summonses.
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sfaizullah
Registered Users (C)
Vmlnj said:
Thanks Vmlnj! Is it possible to talk to you? I am intending to file tomorrow. Can you send me your case file (PM)?
Best Regards
sfaizullah
Registered Users (C)
bashar82 said:
Congratulations Bashar! You have earned it!!!
Best Regards
mohamedmohamed
Registered Users (C)
thats why we all shouldnt give up, or put up with any way they will try to scare us, at the end they know they have nothing to confront you with in court.bashar82 said:
congrats, and good luck
mohamedmohamed
Registered Users (C)
if you have the case numbers,and the date of the filing of the case, that should be good enough to get the information you wantAlaskan Bear said:
Fingerprinting - one of the major snags
Hello everybody,
After a bit more than 2 month and one month from the interview, USCIS mails a letter where they request us to take the fingerprints (as it would be the first time). What intrigued me was the paper on which the letter was printed. When you get the first letter, it comes on an embossed letter, which looks official. This one came on a plane white paper, printed on a cheap laser printer. I said..."oh well....who cares". Yesterday at the fingerprinting center, in Atlanta, almost 40% of the people where with the same type of plane paper. I have managed to talk to several persons, and ask them if this is the 1st time and if not how long did they waited. Most of the cases were there for at least the 2nd time, and the biggest interval I have seen was about 4 months from the previous fingerprinting. All, without exception were in "pending" status, all N400s.
The horror story is that immediately after the fingerprinting the machine operator was typing my name WRONG, and I had to correct him (only becaused I managed to see). He did make the correction, and I left. I wonder how many cases and lives are screwed up by some illiterate working in such a sensitive position....misspeling a name, and then....you wait, and wait....
Now, here is a question that I can not find an answer for: why all of a sudden so many cases that have a second letter for fingerprinting in such a short period of time?
Will keep you posted of new developments, and still preparing for day 121.
Hello everybody,
After a bit more than 2 month and one month from the interview, USCIS mails a letter where they request us to take the fingerprints (as it would be the first time). What intrigued me was the paper on which the letter was printed. When you get the first letter, it comes on an embossed letter, which looks official. This one came on a plane white paper, printed on a cheap laser printer. I said..."oh well....who cares". Yesterday at the fingerprinting center, in Atlanta, almost 40% of the people where with the same type of plane paper. I have managed to talk to several persons, and ask them if this is the 1st time and if not how long did they waited. Most of the cases were there for at least the 2nd time, and the biggest interval I have seen was about 4 months from the previous fingerprinting. All, without exception were in "pending" status, all N400s.
The horror story is that immediately after the fingerprinting the machine operator was typing my name WRONG, and I had to correct him (only becaused I managed to see). He did make the correction, and I left. I wonder how many cases and lives are screwed up by some illiterate working in such a sensitive position....misspeling a name, and then....you wait, and wait....
Now, here is a question that I can not find an answer for: why all of a sudden so many cases that have a second letter for fingerprinting in such a short period of time?
Will keep you posted of new developments, and still preparing for day 121.
Amir/Houston
Registered Users (C)
congrats!!
Congradulation Bashar,
you did it man!!!
bashar82 said:
Congradulation Bashar,
you did it man!!!
mohamedmohamed
Registered Users (C)
really no one can answer that, because it could be anything, but the matter of the fact is that it is not normal , but one common reason for refingerprinting some one is when they clear you name check, after a period of time longer than 15 months, which indicate that your name check is cleared, but they have to take another set to make sure that you didnt get in any trouble after when your finger prints was last taken, and usaully you get a fast result after that, in a matter of days.mechano said:
but at the end who knows,nothing really happen as it supposed to.
is lawsuit the most plausible option for me ??
Hi Experts,
are lawsuits possible only for namecheck delays in i-485 marriage-based cases ? i have a receipt date of 09/04/2003 and i-485 pending approval since 32 months after AOS interview in 11/10/2005. Since then i have been told that my case stuck in background/NC. First enquiry on 12/18/2005 done after interview said, "checks sent with incorrect date of birth and had to be resend after interview"...second enquity made on april 27th, 2006 after speaking with fbi analyst and conflicting responses from senators read "ur file did not make it to the fbi and hence another NC request is submitted last week of april 2006"
does this form enuff negligence and harassment on the part of uscis for 6-month of unnecessary post-interview waiting...plz advice...details at
http://boards.immigrationportal.com/showthread.php?t=136848&page=162&pp=15
Thanks
Shon
Hi Experts,
are lawsuits possible only for namecheck delays in i-485 marriage-based cases ? i have a receipt date of 09/04/2003 and i-485 pending approval since 32 months after AOS interview in 11/10/2005. Since then i have been told that my case stuck in background/NC. First enquiry on 12/18/2005 done after interview said, "checks sent with incorrect date of birth and had to be resend after interview"...second enquity made on april 27th, 2006 after speaking with fbi analyst and conflicting responses from senators read "ur file did not make it to the fbi and hence another NC request is submitted last week of april 2006"
does this form enuff negligence and harassment on the part of uscis for 6-month of unnecessary post-interview waiting...plz advice...details at
http://boards.immigrationportal.com/showthread.php?t=136848&page=162&pp=15
Thanks
Shon
santosh_30
Registered Users (C)
Any information on employment based 485?
Dear all:
It has been so relieving to hear your experiences and the way you are standing up for yourself. It is giving me a lot of motivation.
I have applied for my employment based 485 and have been waiting since March 2005. Last year, USCIS had the excuse of retrogressio.But now my priority date is current and now they are saying my namecheck is pending, which is for more thn 1 year.
I am seriously looking into filing Writ of Mandamus (WOM) since that is the only option I have unlike naturalization applications. I will really really appreciate if someone answers the following questions:
a) I have sent e-mails to USCIS and they kept saying they cant do anything. Can I e-mail them saying I am ready to file WOM so they can take some action? Has anyone tried this?
b) Do I file WOM with USCIS or with FBI as the defendant?
b) What are typically the legal fees?
c) Can someone recommend a good attorney in the San Diego/Los Angeles area?
c) Can one file WOM without an attorney?
d) If so, is there a link that explains the procedure?
e) How long after filing WOM, can one expect relief?
f) I had a DWI (misdemeanor) in Houston in 1997. Is it possible that the USCIS will retaliate against me because I filed a lawsuit when they interview me and use the DWI excuse to deny my application? Legally, DWI (misdemeanor) does not disqualify one from gettign a green card.
I would really really appreciate your input.
Thanks in advance,
Santosh
Dear all:
It has been so relieving to hear your experiences and the way you are standing up for yourself. It is giving me a lot of motivation.
I have applied for my employment based 485 and have been waiting since March 2005. Last year, USCIS had the excuse of retrogressio.But now my priority date is current and now they are saying my namecheck is pending, which is for more thn 1 year.
I am seriously looking into filing Writ of Mandamus (WOM) since that is the only option I have unlike naturalization applications. I will really really appreciate if someone answers the following questions:
a) I have sent e-mails to USCIS and they kept saying they cant do anything. Can I e-mail them saying I am ready to file WOM so they can take some action? Has anyone tried this?
b) Do I file WOM with USCIS or with FBI as the defendant?
b) What are typically the legal fees?
c) Can someone recommend a good attorney in the San Diego/Los Angeles area?
c) Can one file WOM without an attorney?
d) If so, is there a link that explains the procedure?
e) How long after filing WOM, can one expect relief?
f) I had a DWI (misdemeanor) in Houston in 1997. Is it possible that the USCIS will retaliate against me because I filed a lawsuit when they interview me and use the DWI excuse to deny my application? Legally, DWI (misdemeanor) does not disqualify one from gettign a green card.
I would really really appreciate your input.
Thanks in advance,
Santosh
andrew2006
Registered Users (C)
Guys,
Just spoke with my attorney and here is his explanation:
There are generally two types of reasons why the FBI name check is stuck:
1) FBI simply doesnot reply back to USCIS. This is because your name is "index-popular", or somehow stuck in the transmission, or whatever.
2) FBI replied with some sort of negative information.
If it is reason 1, chances are good for WOM, since, per FBI, only USCIS can request an expedite for a fee, and if they do, clearing is under way.
If it is reason 2, however, further analysis/verification is required. USCIS simply tells DA that they need further work on it. That is what USCIS says "some cases legitimately takes several months or years to adjudicate."
So, before filing WOM, make sure what "pending" means. Most likely, you will not get a straight answer. But, just look at any "loose ends" for yourself and you probably will figure out quickly.
Hope this helps.
Just spoke with my attorney and here is his explanation:
There are generally two types of reasons why the FBI name check is stuck:
1) FBI simply doesnot reply back to USCIS. This is because your name is "index-popular", or somehow stuck in the transmission, or whatever.
2) FBI replied with some sort of negative information.
If it is reason 1, chances are good for WOM, since, per FBI, only USCIS can request an expedite for a fee, and if they do, clearing is under way.
If it is reason 2, however, further analysis/verification is required. USCIS simply tells DA that they need further work on it. That is what USCIS says "some cases legitimately takes several months or years to adjudicate."
So, before filing WOM, make sure what "pending" means. Most likely, you will not get a straight answer. But, just look at any "loose ends" for yourself and you probably will figure out quickly.
Hope this helps.
RealSuperK
Registered Users (C)
andrew2006 said:
The lawyer basically recited the official explanation for delays. USCIS will never tell anybody what "pending" means. FBI doesn't respond to name check status requests from individuals anymore. If you go to Infopass, all the USCIS agent tells you is what he/she sees on the screen - "name check is pending, sorry, not our problem". So, to summarize - USCIS doesn't give you any info, FBI doesn't give you any info, you can't get any information out of anybody. There is no way to find out where the name check is.
As for cases that ligitemately takes months and years... If all this is done in the interest of national security, why in the world would they let somebody who has "negative information" on file roam the US for years without checking out that person as soon as possible? What if the person is taking those years to prepare the second coming of 9/11? They can't be on both ends of the issue at the same time. If they do that for purposes of national security, they fail at their job miserably and should be punished for that. If all these delays happen because of some other reason, admit it, fix it and stop throwing "national security" in everybody's face.