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

My I-485 approved also

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.
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I have very similar situation. My I-485 was approved today. Ila Deiss, Assist US Attorney in North california emailed me the cover page of I485 with an approved stamp. My name check had pended in FBI for 1.5 years. The USA attorney is much better than my lawyer, even she represent USA government. Good luck for everyone in lawsuit.
 
Jeta said:
I have very similar situation. My I-485 was approved today. Ila Deiss, Assist US Attorney in North california emailed me the cover page of I485 with an approved stamp. My name check had pended in FBI for 1.5 years. The USA attorney is much better than my lawyer, even she represent USA government. Good luck for everyone in lawsuit.
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Congratulations,
did you include FBI as one of the defendants?
 
It's just a matter of time

AL11 said:
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.
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don't worry about it much, just give it more time, you if it is within 2 months
it is going to be 2 months....
good luck everyone, and congrats to the cases won
 
any negative impact on name checking if I change address now?

if I change address (different state and processing center) right now while pending name check, will it cause more delay or problems?

I am preparing to file the lawsuit, but not sure if it's better using the old address? (still safe to receive mails) or sue INS right after I inform then my change of address.

Thanks a lot.
 
amobasse said:
Memme,
Are you in Phoenix too. I am also in phoenix and planning to file 1447(b) petition. My 120days will be up this Sunday..Any info would greatly be appriciate it. You can PM me if you like.

Thanks
amobasse
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Sure. will do that. I am true believer of the fact that sharing information is the only way we can win our battle with CIS when attorney fee are just unbelievable. All the best and keep me posted. Whenever, I find something that may be useful to others, I would certainly post it here. That's my way of saying thank you to folks that have contributed to this thread selflessly.
 
485niw2005 said:
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.
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Although I have fair idea, I am still not completely sure about procedures around summons and return of service. For instance, how do we prepare prior to filing? How many copies? In other words, the life cycle of these documents.

If you could tell me and this forum in detail about summons in a comprehensive way, that would be of immense help.
 
Jurisdiction and 120 day period

Here is my current situation (N-400 Naturalization application):
Applied: June'05
Fingerprinted: July'05
Scheduled for Interview: Oct'05
Descheduled interview in Oct'05 due to background check delays
No word till now - repeated enquiries show background checks still
pending

I really appreciate all the valuable posts regarding the filing of a lawsuit to bring this to a closure, and am thinking of doing the same. I have a couple of questions:

- It has been more than 120 days since my application/fingerprinting, but I have still not been "interviewed". Do I still have enough grounds for filing a "Pro Se", or does this 120 day period apply only after being interviewed?

- My USCIS office is Philadelphia but I live in a small town which falls in the "Middle District of Pennsylvania" which does not cover Philadelphia? Can I go ahead and file the Pro Se in the "Middle District of Pennsylvania" where I reside, or should it be in a federal court covering the jurisdiction of Philadelphia?
 
PendingNC said:
Here is my current situation (N-400 Naturalization application):
Applied: June'05
Fingerprinted: July'05
Scheduled for Interview: Oct'05
Descheduled interview in Oct'05 due to background check delays
No word till now - repeated enquiries show background checks still
pending

I really appreciate all the valuable posts regarding the filing of a lawsuit to bring this to a closure, and am thinking of doing the same. I have a couple of questions:

- It has been more than 120 days since my application/fingerprinting, but I have still not been "interviewed". Do I still have enough grounds for filing a "Pro Se", or does this 120 day period apply only after being interviewed?

- My USCIS office is Philadelphia but I live in a small town which falls in the "Middle District of Pennsylvania" which does not cover Philadelphia? Can I go ahead and file the Pro Se in the "Middle District of Pennsylvania" where I reside, or should it be in a federal court covering the jurisdiction of Philadelphia?
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Hi there,

No, you cannot file a lawsuit under 1447(b), as the interview has not been conducted yet. Nonetheless, you could file a WOM.

Cheers!

Legal
 
PendingNC said:
Here is my current situation (N-400 Naturalization application):
Applied: June'05
Fingerprinted: July'05
Scheduled for Interview: Oct'05
Descheduled interview in Oct'05 due to background check delays
No word till now - repeated enquiries show background checks still
pending

I really appreciate all the valuable posts regarding the filing of a lawsuit to bring this to a closure, and am thinking of doing the same. I have a couple of questions:

- It has been more than 120 days since my application/fingerprinting, but I have still not been "interviewed". Do I still have enough grounds for filing a "Pro Se", or does this 120 day period apply only after being interviewed?

- My USCIS office is Philadelphia but I live in a small town which falls in the "Middle District of Pennsylvania" which does not cover Philadelphia? Can I go ahead and file the Pro Se in the "Middle District of Pennsylvania" where I reside, or should it be in a federal court covering the jurisdiction of Philadelphia?
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Do you know if your application is pending Name Check, or background security check?

it's two diffrent things, mine is pending background security clearance, and my name check was cleared since 2004.

Regards
 
1447

LegalAlien
I called 800 number yesterday,IO told me my name check is still pending, now I have decided to file 1447 in eastern va district court ,How are you preparing to file law suit ? there are not many law suits of this kind in eastern VA district court comparing to northern CA and other places and bashar82 said a while ago that 4th circuit court has different rulings or something different than other courts.I'm little confused.please share your research on this issue in eastern Va district.
Thanks,
 
I mailed summons last Friday. The district attorney received on Saturday (Aug 12) and Attorney general received today. However, other defendants haven't received yet. USPS tried to deliver to FBI, but failed and left a notice on the door asking FBI to pick up at the post office. If they don't pick up, it will be returned. What should I do?

Hope
 
hope_Nov said:
I mailed summons last Friday. The district attorney received on Saturday (Aug 12) and Attorney general received today. However, other defendants haven't received yet. USPS tried to deliver to FBI, but failed and left a notice on the door asking FBI to pick up at the post office. If they don't pick up, it will be returned. What should I do?

Hope
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Last night while waiting to fall asleep (this is what i think of while sleeping and dreaming even), I was thinking how does sending summons to DHS, FBI and USCIS helps? I know it might be formal/legal process.

The actual office that I should really care is the attorney's office gets it as AUSA will be the person who will be really working on the case.
 
Please advice on this:

I am going to file my complaint on 9/11 (just coincidence) and I am planning to travel on 10/14. It would be just a month after. I am worried if there will be any action/court procedures that I may miss during my absence. I will be back within 2 weeks.

Should I notify the court regarding my travel plans? How about AUSA?

The best would be that I re-enter US on GC instead of AP. But, at this point I can only dream of that.
 
Not a big deal. The post office will re-deliver again. At most, you re-serve FBI. It is not really important for serving FBI but required by court. Yes, the most imortant thing is serving US Attorney. I got the same situation as you now. I am keeping checking the mail to FBI through usps.com.

hope_Nov said:
I mailed summons last Friday. The district attorney received on Saturday (Aug 12) and Attorney general received today. However, other defendants haven't received yet. USPS tried to deliver to FBI, but failed and left a notice on the door asking FBI to pick up at the post office. If they don't pick up, it will be returned. What should I do?

Hope
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Did you require signature? If you didn't, it should be fine. If you did, then you might have to resend it. As I remember, in the past, there was some postings stating you should send certified mail WITHOUT requesting signature.
 
No. I did not require signature. I just don't know why it has "notice left" status for certified mail with returen receipt. Let's see. I guess it is because the mail is sent to "FBI".

ApplyInDenver said:
Did you require signature? If you didn't, it should be fine. If you did, then you might have to resend it. As I remember, in the past, there was some postings stating you should send certified mail WITHOUT requesting signature.
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to Basia866

basia866 said:
Have another question
I was told by my ex lawyer that my 60 days are not up yet. I did file and summons the defendents June 1. Pacer states due answer July 31. I called paralegal on duty She told me the date posted is the date due to answer. AUSA told me in her conversation that she has not even seen my complaint as of last Friday until I faxed it to her. She apologized that It was an error but she did not file for extension. She told me she will have it done by the end of the August. My lawyer continues to misrepresent the truth even now. Can anybody clarify what Judge would consider the due date to answer my complaint?Thank you This is such a disaster
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I am just thinking out of the blue - you can report your lawyer to the bar. But I think you really need to substantiate your complaint with proofs that he did wrong you - that's why everything has to be in writing. If he tells you that were 60 days are not up yet - is there a proof, or it was just a phonecall? was there a contract written on what his services would be?
the important thing now is to get your grounds established with US Attny's office. I understand how you feel about your jerk-lawyer, but don't let that distract you from your goal - winning the lawsuit. After it is done, you may go after your lawyer and make his life miserable as he did yours. Or just let it go, bad lawyers happen all the time.
keep your hopes up.
 
Guys...can a WOM be filed only on the bases of I485 or it can be done for other petitions as well i.e. I-131,I140, H1B extension etc..??? because these petitions also might be pending forever for the same "security" reason ??
 
question everyone

In my original complaint I did not include FBI, now that AUSA asked for 60 days since USCIS has asked FBI to expediate my name check, but FBI has not done that yet. would it make sense to add FBI as a defendant to the complaint so they will work harder to clear the NC?
Any advise will be appreciated.
 
Based on my conversation with the ausa on my case, it seems the AUSA didn't have a direct contract with FBI. She simply just keeps pressing CIS, which in turn requesting expedite service from FBI. She has a regular email conversation with CIS rather than FBI. It may not be nesserary to add FBI now.

AL11 said:
In my original complaint I did not include FBI, now that AUSA asked for 60 days since USCIS has asked FBI to expediate my name check, but FBI has not done that yet. would it make sense to add FBI as a defendant to the complaint so they will work harder to clear the NC?
Any advise will be appreciated.
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