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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
KJ said:Looks like I'd be better off waiting till October then.
KJ,
did you get a reply from hoonten at FBI ?
to KJ
Sometimes, Chertoff is not named defendant, but the entire Department of Homeland Security is. And alsmost always CIS is defendant. so try to narrow down with different keywords.
As for Priority date being current and visa availability - I am not sure what course of action should be. Unless visa is available, they cannot approve your petition. But when it becomes available, dates then can retrogress back... So if you know for sure that CIS is holding up your application based on name check, sue FBI (?) and make sure they complete it and CIS has all the data by the time PD becomes current. then wait for adjudication. I do not know. this one is tricky.
Sometimes, Chertoff is not named defendant, but the entire Department of Homeland Security is. And alsmost always CIS is defendant. so try to narrow down with different keywords.
As for Priority date being current and visa availability - I am not sure what course of action should be. Unless visa is available, they cannot approve your petition. But when it becomes available, dates then can retrogress back... So if you know for sure that CIS is holding up your application based on name check, sue FBI (?) and make sure they complete it and CIS has all the data by the time PD becomes current. then wait for adjudication. I do not know. this one is tricky.
KJ said:Musicbox2000/dks,
I searched for Chertoff under 890 and found 43 cases. I found just one 485 related. Most of the them were naturalization related.
Can you please answer my question on if I should file the WOM now or wait until I am current/
Thanks.
RealSuperK
Registered Users (C)
File a lawsuit if you can. I think you gotta be really lucky to get help from the White House.
vsem-privet said:Today the day after receiving a letter card from L. Bush's office, I found in my mailbox another letter from the FBI Namecheck Program Office, saying that they have been forwarded my correspondence from L. Bush's office and that--here's a bummer--my request is still "currently in a pending status." The end of the letter reads: " While an exact date for completion of this review cannot be given, you may be assured that the results will be made available to the immigration authorities as quickly as possible." I'm very disappointed, to say the least, thinking all along that the whole rigmarole is due to an administrative mishap (e.g. miscommunication between USCIS and FBI offices) rather than an actual hit that requires review and clearance by an actual agent. Any advice on further options?
485niw2005
Registered Users (C)
WoM update
Just got a phone call form the AUSA. She told me that my 485 was approved. She send my a photo copy of the cover page of my 485 application. There is a approval stamp on it dated on Aug. 15.
I prepared all my ducuments based on the materials contributed by many people here. I really appreciate your effort.
45 days after file the lawsuit vs. 18 months of pending name check, do your math and file your lawsuit right now.
Just got a phone call form the AUSA. She told me that my 485 was approved. She send my a photo copy of the cover page of my 485 application. There is a approval stamp on it dated on Aug. 15.
I prepared all my ducuments based on the materials contributed by many people here. I really appreciate your effort.
45 days after file the lawsuit vs. 18 months of pending name check, do your math and file your lawsuit right now.
Congratulation!
Hi 485niw2005,
Congratulation!
I filed a WoM in San Jose court of north CA 2 weeks ago for my I-485 pending on FBI name check. Would you mind to tell me which court you filed your WoM?
Thanks.
Oct2003
******************
Hi 485niw2005,
Congratulation!
I filed a WoM in San Jose court of north CA 2 weeks ago for my I-485 pending on FBI name check. Would you mind to tell me which court you filed your WoM?
Thanks.
Oct2003
******************
485niw2005 said:Just got a phone call form the AUSA. She told me that my 485 was approved. She send my a photo copy of the cover page of my 485 application. There is a approval stamp on it dated on Aug. 15.
I prepared all my ducuments based on the materials contributed by many people here. I really appreciate your effort.
45 days after file the lawsuit vs. 18 months of pending name check, do your math and file your lawsuit right now.
485niw2005
Registered Users (C)
I filed at San Jose court as well.
Oct2003 said:Hi 485niw2005,
Congratulation!
I filed a WoM in San Jose court of north CA 2 weeks ago for my I-485 pending on FBI name check. Would you mind to tell me which court you filed your WoM?
Thanks.
Oct2003
******************
Congratulations
Hope mine will follow soon
485niw2005 said:Just got a phone call form the AUSA. She told me that my 485 was approved. She send my a photo copy of the cover page of my 485 application. There is a approval stamp on it dated on Aug. 15.
I prepared all my ducuments based on the materials contributed by many people here. I really appreciate your effort.
45 days after file the lawsuit vs. 18 months of pending name check, do your math and file your lawsuit right now.
Hope mine will follow soon
basia866 said:Thank you very much for the understanding and few words of encouragment. I need it so much. I would follow your directions. I appears I have found few examples of other motions and I will just do that. How do I serve the defendents By Certified Mail?. I just send the motion correct? Do I have to go file it myself and have a stamp or something.
I think you should send it certified mail to the court, AUSA and defendants.
485niw2005 said:Just got a phone call form the AUSA. She told me that my 485 was approved. She send my a photo copy of the cover page of my 485 application. There is a approval stamp on it dated on Aug. 15.
I prepared all my ducuments based on the materials contributed by many people here. I really appreciate your effort.
45 days after file the lawsuit vs. 18 months of pending name check, do your math and file your lawsuit right now.
Congratulations. I can understand how relaxed you must be feeling. I will file mine in about 3 weeks from now. Would you mind if I send some specific questions to you?
File "Return of service" of Summons
Hi 485niw2005,
Sorry for one more question.
After served the complains+Summons to all defendants ( certified mails and return receipts), did you file only "Return of service" to court?
I mean if I need to wait for receiving all "return receitps" from receivers and then file these receipts together with "Return of service"?
Thanks again,
Oct2003
Hi 485niw2005,
Sorry for one more question.
After served the complains+Summons to all defendants ( certified mails and return receipts), did you file only "Return of service" to court?
I mean if I need to wait for receiving all "return receitps" from receivers and then file these receipts together with "Return of service"?
Thanks again,
Oct2003
To be safe, you should count from the day after interview. And, you had better to file 1447b complaint at the 121th day.
oacis said:I've got a question regarding 1447(b) 120 day count.
It starts the interview day or the day after the interview? I don't want to lose a single day to file 1447(b). Thank you all you guys for the information.
From my understanding, we should file "return of service" to court with confirmations of all certified mails to defendants and US attorney. You don't need to wait for receiving all return receipts. You can print out the confirmation of delivery from www.usps.com.
Oct2003 said:Hi 485niw2005,
Sorry for one more question.
After served the complains+Summons to all defendants ( certified mails and return receipts), did you file only "Return of service" to court?
I mean if I need to wait for receiving all "return receitps" from receivers and then file these receipts together with "Return of service"?
Thanks again,
Oct2003
Just called the court and talked to a clerk there:
The clerk told me that for filing Pro Se, I just need to file the complaint. I do not need the cover sheet as I am representing myself. Summons will be issued by the court and then I can serve them to the defendants.
In summary: All I need is to draft the complaint, attach the exhibits (if any) and give it to the clerk along with the applicable fee.
If this is true, I feel pretty relieved as cover sheet, summons and return of service were appearing complicated to me.
This is about Phoenix court. I understand that every court has specific requirement.
The clerk told me that for filing Pro Se, I just need to file the complaint. I do not need the cover sheet as I am representing myself. Summons will be issued by the court and then I can serve them to the defendants.
In summary: All I need is to draft the complaint, attach the exhibits (if any) and give it to the clerk along with the applicable fee.
If this is true, I feel pretty relieved as cover sheet, summons and return of service were appearing complicated to me.
This is about Phoenix court. I understand that every court has specific requirement.
485niw2005
Registered Users (C)
The one that matters is your distric attorney. Once you filed the return of service for this one, the clock starts.
Oct2003 said:Hi 485niw2005,
Sorry for one more question.
After served the complains+Summons to all defendants ( certified mails and return receipts), did you file only "Return of service" to court?
I mean if I need to wait for receiving all "return receitps" from receivers and then file these receipts together with "Return of service"?
Thanks again,
Oct2003
485niw2005
Registered Users (C)
Go ahead post your questions. I would be happy to answer your questions. I am sure your questions will also benefit others in this forum.
memme said:Congratulations. I can understand how relaxed you must be feeling. I will file mine in about 3 weeks from now. Would you mind if I send some specific questions to you?
Last edited by a moderator:
not such a good update
AUSA called today, I left her a message yesterday.
She basically said that my NC is still pending. she said USCIS made an expadited request (she does not know when) and that she has not got in touch with FBI yet, so she does not know what the status is. She asked me for more time, hoping that they will clear my name at some point but at the same time made no guarantees. she asked for 90 days, and I agreed to 60.
She was very nice and professional, but really no real news and the whole thing is not sounding good.
AUSA called today, I left her a message yesterday.
She basically said that my NC is still pending. she said USCIS made an expadited request (she does not know when) and that she has not got in touch with FBI yet, so she does not know what the status is. She asked me for more time, hoping that they will clear my name at some point but at the same time made no guarantees. she asked for 90 days, and I agreed to 60.
She was very nice and professional, but really no real news and the whole thing is not sounding good.