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

some14all said:
People
please help. I have just got a copy of the DA motion to dismiss my writ of mandamus. I am attaching it here in this message. Please read it and give me some help on how to answer. I feel somewhat helpless.
plzz help
Click to expand...

Needless to say. I have already read it 2-3 times. I really feel bad. Is it because, writ on mandamus is becoming a trend and courts are finding a way to fight back?

My suggestion would be and even I will do that:
1. Read more about those acts - 1331, 1361, 1391, etc.
2. After gathering all the facts, send a reply to the court.

All the best.
 
I am done!

Today I became an American citizen!
I had an oath ceremony in Pomona Fairplex with 3000 other people and their guests. The whole ceremony was very well organized and went smoothly and effeciently. I was out of Fairgrounds by 11 am.

My signature has my approximate timeline.

I wanted to thank all the people in this forum who shared their experiences and information.

Good luck to everyone!!!
 
dks35 said:
Today I became an American citizen!
I had an oath ceremony in Pomona Fairplex with 3000 other people and their guests. The whole ceremony was very well organized and went smoothly and effeciently. I was out of Fairgrounds by 11 am.

My signature has my approximate timeline.

I wanted to thank all the people in this forum who shared their experiences and information.

Good luck to everyone!!!
Click to expand...

Congratulations my friend ... :)
 
some14all said:
People
please help. I have just got a copy of the DA motion to dismiss my writ of mandamus. I am attaching it here in this message. Please read it and give me some help on how to answer. I feel somewhat helpless.
plzz help
Click to expand...

Have you established contact with the AUSA? do you know if your name check has been cleared? or at least if USCIS has sent an expedited request?
it could be that they are just buying time to clear your name check. Check your local court rules, look for some of the responses on such motions here in the forum. prepare to fight until the end. The fact that they asked the court to dismiss the case does not mean that the court will grant that.
Be positive, prepare and stand up for your rights
 
contact with AUSA

this is what happened. When i filed the case, the court gave them 60 days. Towards the end of the 60 days, i contacted the AUSA and she said that she understands the frustration and she will try to see where the application stands. On the 60th day, she called me and said that she has talked to the immigration counsler and he has told her that the background investigation is in its final stages, and they request a 30 days extension to answer the case. Now, i agreed to the extension and they have wrote in their motion to request 30 days extension that the investigation is in its last stages. When the 30 days expire, the AUSA office called me and said they want another 30 days, and i said no, i am not going back to USCIS delaying games. They did not tell me what is the new extension for, but Five minutes later, i got a copy of the new motion where they ask for another 30 days to dismiss the case based on lack of juridstiction.... yesterday was the last day of the second 30days extension that was granted.
 
name check pending

Dear All,

I hope you can help me with a coupld of questions??
After going to INFOPASS 3 weeks ago, found out that I am stuck in name check, my wife is cleared and received her interview letter.
I read & heard that since a new ruling, you won't be scheduled for interview unless your name check is clear! if you filed starting in may!
So I won't be receiving an interview letter then!

When do I start counting the 120 days from?? so I can start my inquiries, letters, lawyer etc...

thanks




my timeline Wife & I
Application Sent - 5/19/2006
Received - 5/24/2006
Check Encashed - 5/30/2006
Receipt date -6/05/2006
Fingerprint Notification -6/09/06 (both wife & I)
Finger Appointment - 06/17/06 (both wife & I)
System online update - 7/21/06 (only for wife)
Interview NOA letter received- 7/22/06 (only for wife)
Interview Date - 9/6/06 (only for wife)
Oath Date - ??[/QUOTE][/QUOTE]
 
Marconi71:

Unfortunately, according the current court ruling, the 120 days sarts at your interview day. Therefore, you will not be able to file a 1447b petition without getting an interview. Well, hopefully you name check will be cleared in next few weeks or months, because not everyone on this forum stuck in name check for a long time. I think it will not hurt if you start to write to your senator, USCIS, House of representative and even president to ask them to help to make a inquery to FBI regarding your name check. You may want to keep all of your letters, email or fax your send so that you are able to file a WOM lawsuit if you have waited for an 'unresonable' period time for your case.

Good luck to you and hope this helps,

jack



marconi71 said:
Dear All,

I hope you can help me with a coupld of questions??
After going to INFOPASS 3 weeks ago, found out that I am stuck in name check, my wife is cleared and received her interview letter.
I read & heard that since a new ruling, you won't be scheduled for interview unless your name check is clear! if you filed starting in may!
So I won't be receiving an interview letter then!

When do I start counting the 120 days from?? so I can start my inquiries, letters, lawyer etc...

thanks




my timeline Wife & I
Application Sent - 5/19/2006
Received - 5/24/2006
Check Encashed - 5/30/2006
Receipt date -6/05/2006
Fingerprint Notification -6/09/06 (both wife & I)
Finger Appointment - 06/17/06 (both wife & I)
System online update - 7/21/06 (only for wife)
Interview NOA letter received- 7/22/06 (only for wife)
Interview Date - 9/6/06 (only for wife)
Oath Date - ??
Click to expand...
[/QUOTE][/QUOTE]
 
cajack said:
Marconi71:

Dear Cajack,

thanks for your reply, so is this a new trick to prevent me to file a 1447b & sue anyone?? am I the only one, or one of the few who were not scheduled for an interview even pending name check??

Sorry I am new at this, if I may ask what is WOM???
Can I file WOM even I did not go for interview or did not get NOA for interview??

Thanks

Unfortunately, according the current court ruling, the 120 days sarts at your interview day. Therefore, you will not be able to file a 1447b petition without getting an interview. Well, hopefully you name check will be cleared in next few weeks or months, because not everyone on this forum stuck in name check for a long time. I think it will not hurt if you start to write to your senator, USCIS, House of representative and even president to ask them to help to make a inquery to FBI regarding your name check. You may want to keep all of your letters, email or fax your send so that you are able to file a WOM lawsuit if you have waited for an 'unresonable' period time for your case.

Good luck to you and hope this helps,

jack
Click to expand...
[/QUOTE][/QUOTE]
 
Marconi71:

Yes it is the way that USCIS is trying to prevent people sue them under 1447b. If you browse here more you will see some people's interview even get descheduled because of the pending name check. I remember there is a memo issued by USCIS flying around on this forum that carries the information regarding that USCIS only schedule interview if the background check is cleared as if May 2006. But I could not find it. Well, it is the legal procedure established by law that USCIS should only conduct the interview after the background check is cleared. But they were not following this procedure until recently they see dramtically increased 1447b petition. That is why they issue this memo few months ago.

WOM stands for Writ of Mandamus. I am not a expert of WOM. But I saw many people file this lawsuit. You can post your questions and I believe people with WOM experience can help you out.

Hope this helps,

Jack

[/QUOTE][/QUOTE]
 
name check pending & WOM

Thanks Jack...

Anyone with experience in filing WOM following name check pending, please need your help.
I wasn't scheduled for interview because of the pending name check, is it still possible to file WOM???...

Please need info on how to do that, and anyone with similar experience as mine?? and any time frame for name check clearance??

thanks

my timeline Wife & I
Application Sent - 5/19/2006
Received - 5/24/2006
Check Encashed - 5/30/2006
Receipt date -6/05/2006
Fingerprint Notification -6/09/06 (both wife & I)
Finger Appointment - 06/17/06 (both wife & I)
System online update - 7/21/06 (only for wife)
Interview NOA letter received- 7/22/06 (only for wife)
Interview Date - 9/6/06 (only for wife)
Oath Date - ??
 
Hi all,

I want to know when the actual 60 days period start counting down. I mean whether it is from the time the Alberto R. Gonzales ( U.S. attorney General) receive the summons or the local district attorney received it.

Also let me know whether it would be only the first page or do we also need to send the second page to defendents while sending the summons. Thanks.
 
gcmera2 said:
Hi all,

I want to know when the actual 60 days period start counting down. I mean whether it is from the time the Alberto R. Gonzales ( U.S. attorney General) receive the summons or the local district attorney received it.

Also let me know whether it would be only the first page or do we also need to send the second page to defendents while sending the summons. Thanks.
Click to expand...

Hello gcmera2,

The actual 60 days period start counting down when your local U.S. Attorney “http://www.usdoj.gov/usao/offices/index.html “ receive the summons and your compliant.

I wish you the best
 
Last edited by a moderator:
How to Serve the US Attorney?

Hello guys;
I am intending to file a petition for a naturalization hearing next Monday 8/28th, I am hoping to serve the US attorney the same day, so that the 60 days start counting ASAP. However, I am filing in Las Vegas, and couldn't find any serving agencies per say, can you please post your experiences on how did you serve the US attorney? did any of you use the US Marshals? under what classification do you look for serving agncies in the yellow pages? I tried everything that came to mind, no results.
I apprecite your input
 
Attorney info

Fellows I got my Citizenship application pending from 6/24/05 at Charleston SC field office. I got notified about name check pending at my last visit to USCIS office. They do not call for interview till your name check clears so my only option is to file WOM now. I contact congressman and all with no help so far. I do have PACER log-in how do I find any attroney in South Carolina for helping me prepare WOM or should I do it my self.

I am not taking USCIS crap any more I need some help in the arena I appreciate all help.

Any attorney referals are welcome too.

Thanks
 
Dear Wenlock,

I am in the same situation as you are, my application is pending due to name check clearance...I had my FP done on June 17, 2006, my wife who filed with me got her interview letter for Sep 6, 06....me nothing!!

I have no idea how to file WOM or how much would it cost thru a lawyer???
Fellows reading this please need your input.

Thanks


wenlock said:
Fellows I got my Citizenship application pending from 6/24/05 at Charleston SC field office. I got notified about name check pending at my last visit to USCIS office. They do not call for interview till your name check clears so my only option is to file WOM now. I contact congressman and all with no help so far. I do have PACER log-in how do I find any attroney in South Carolina for helping me prepare WOM or should I do it my self.

I am not taking USCIS crap any more I need some help in the arena I appreciate all help.

Any attorney referals are welcome too.

Thanks
Click to expand...
 
What's next?

Hi All,
First of all thank you for the forum, reading it gives me a lot of hope.

I need help on what to do next. My dates are in signature.
So far:
1) Send a letter senator - got answer saying that she is not able to help or tell me when the name check will be complete.
2) Mailed FOIA - confirmation delivery date August 14th. (So I guess I need to wait 20 days)
3) Mailed letter to congressman today.

If none of that will work is court my only way?

Any help or advise what steps I should do to file it electronically?
Is anyone here from Washington State and knows how to file law suite here and what to do?
Web pages, links, phone number anything helps.
I’m frustrated with all that, in need of some support if possible.
Thank you
 
Last edited by a moderator:
annat said:
Hi All,
First of all thank you for the forum, reading it gives me a lot of hope.

I need help on what to do next. My dates are in signature.
So far:
1) Send a letter senator - got answer saying that she is not able to help or tell me when the name check will be complete.
2) Mailed FOIA - confirmation delivery date August 14th. (So I guess I need to wait 20 days)
3) Mailed letter to congressman today.

If none of that will work is court my only way?

Any help or advise what steps I should do to file it electronically?
Is anyone here from Washington State and knows how to file law suite here and what to do?
Web pages, links, phone number anything helps.
I’m frustrated with all that, in need of some support if possible.
Thank you
Click to expand...

Do you know what the delay is ? Did they say name check pending or security check pending ? What did they say at interview ?
 
Congrats!

dks35 said:
Today I became an American citizen!
I had an oath ceremony in Pomona Fairplex with 3000 other people and their guests. The whole ceremony was very well organized and went smoothly and effeciently. I was out of Fairgrounds by 11 am.

My signature has my approximate timeline.

I wanted to thank all the people in this forum who shared their experiences and information.

Good luck to everyone!!!
Click to expand...

Congrats, it's always good news and keeps our hope high! :D
Have couple of questions for the cover sheet if you can recall,

Under I (a) DEFENDANTS, what did you put there? Not enough room to list all the defendents.
II BASIS OF JURISDICTION (III) what did you pick?

Thanks.
 
some14all said:
this is what happened. When i filed the case, the court gave them 60 days. Towards the end of the 60 days, i contacted the AUSA and she said that she understands the frustration and she will try to see where the application stands. On the 60th day, she called me and said that she has talked to the immigration counsler and he has told her that the background investigation is in its final stages, and they request a 30 days extension to answer the case. Now, i agreed to the extension and they have wrote in their motion to request 30 days extension that the investigation is in its last stages. When the 30 days expire, the AUSA office called me and said they want another 30 days, and i said no, i am not going back to USCIS delaying games. They did not tell me what is the new extension for, but Five minutes later, i got a copy of the new motion where they ask for another 30 days to dismiss the case based on lack of juridstiction.... yesterday was the last day of the second 30days extension that was granted.
Click to expand...
So, what's the update on your case. I bet you should hear something within days!

Keep us updated please


sony
 
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