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

Just filed my Suit (under 8 U.S.C. section 1447(b)) in Newark NJ

Hi,
I finally took the step and filed today on the 140th day of my interview. The clerk took four copies of the complaint, cover sheet, copies of summons (one for each defendant plus one for US Attorney for District of NJ) and a check (they did accept personal check) of $350.

She said it will take few days to assign the judge, # to the case and then she will stamp the summons and send them to me via mail. I thought today that I will be able to serve US Attorney for District of NJ but here in NJ things are not done on the spot and takes few days.

Will keep you posted.

What is next?

Best Regards
 
Thank You Finale And Mohammed

Thank you very much for your quick response. It has been 3 weeks so far since the defendants received my complaint. So far there have been no motions filed. However, thanks to the response from this forum, I have a good handle on any contingency necessary on my behalf...thanks again
 
Check This Out!!!

My Friends, Check this out... We talk about class action suit... its coming... I hope we can follow up on this case and see if it gets to a point where we can base our cases on this kind of a case...

Good Luck...
 
Balto, Did you file your lasuit...

Balto,

I read your posted note that your 120 days are completing on 05/04/2006. Just wondering if you filed already.

Good luck.
 
It's almost over

I was naturalized in a ceremony at the Washington DO yesterday. It was a pretty quick ceremony (maybe 30-40 minutes) with about 19 applicants present.

When I went up to receive my certificate the officer asked me if I was glad my ordeal was over (she's been the one handling my case the last few weeks and is well aware of the fact that I had filed lawsuit) and I replied that it's almost over as I'm still waiting for the report on the investigation on how USCIS bungled my application. I smiled at her, walked away, registered to vote, and then spent 3 hours in Nothern Virginia traffic trying to get home.
 
Congratulations!!!

bashar82 said:
I was naturalized in a ceremony at the Washington DO yesterday. It was a pretty quick ceremony (maybe 30-40 minutes) with about 19 applicants present.

When I went up to receive my certificate the officer asked me if I was glad my ordeal was over (she's been the one handling my case the last few weeks and is well aware of the fact that I had filed lawsuit) and I replied that it's almost over as I'm still waiting for the report on the investigation on how USCIS bungled my application. I smiled at her, walked away, registered to vote, and then spent 3 hours in Nothern Virginia traffic trying to get home.


Congratulations Bashar82,

Please, if you get a chance and if you want to, provide people on this form the format of letters you used in your complaint and other letters you wrote to all agencies, that would be great. Ofcourse you should remove all your personal info... Way to go... I hope you don't forget people here and keep us in your prayers... Please, try to advise us here and there whenever you can if you find us stuck with our cases or questions otherwise...

Congratulations!!! and God Bless...
 
All,

Here is my timeline.

Applied: 08/16/2004
Name Check Initiated: 09/03/2004
Fingerprint: 02/10/2005
Interview: 08/10/2005 (passed)
Oath: ????

Due to name check pending unable to take oath on sameday. Its been more then 20 months since initial name check initiated and more then 9 months after interview still no clue.

Wrote to congressman, senetor, Infopass, wrote to Lady who took my iinterview nothing, everytime i here same answer, background pending (same meaning name check).

I have no clue what should i do, writ of M will work? Bashar82 u did file lawsuit?, how u did it? Any fomat or explain us all detail if possible and format and samples if u can.
Could you help me or anyone who did it myhimself or herself or any knowledgeable lawyer in DC metro area? I am in virginia.

Please please need all the help possible in this forum from anyone.
 
Haddy, Thanks for asking,,,

Haddy said:
Balto,

I read your posted note that your 120 days are completing on 05/04/2006. Just wondering if you filed already.

Good luck.

But I was unable to do it on Friday, but will file sometime next week when my work schedule is not so crazy :rolleyes:

Balto
 
TheRock20148 said:
All,

Here is my timeline.

Applied: 08/16/2004
Name Check Initiated: 09/03/2004
Fingerprint: 02/10/2005
Interview: 08/10/2005 (passed)
Oath: ????

Due to name check pending unable to take oath on sameday. Its been more then 20 months since initial name check initiated and more then 9 months after interview still no clue.

Wrote to congressman, senetor, Infopass, wrote to Lady who took my iinterview nothing, everytime i here same answer, background pending (same meaning name check).

I have no clue what should i do, writ of M will work? Bashar82 u did file lawsuit?, how u did it? Any fomat or explain us all detail if possible and format and samples if u can.
Could you help me or anyone who did it myhimself or herself or any knowledgeable lawyer in DC metro area? I am in virginia.

Please please need all the help possible in this forum from anyone.

Rock,

I am not a naturalization filer... But most of the members here are naturalization complaint filer... If you start reading on thie thread from day one... you will find many many success stories... including Publicus who inspired me to stay on this form and keep reading... I got so inspired by PUBLICUS that I had only read first five pages and filed my Writ Of Mandamus for Adj of Status case... There are so many cases in their actual format and copies with their personal info taken out that you will not need a lawyer unless there was something in your past that needs more legal backing up... I hope you take a day off sit on this forum for few hours and read and gather all pertinent info to you and start writing your own complaint... I am sure you will prevail if you take things into your own hand and research and prepare yourself...

One of my friend always says:

"PREPARATION PREVENTS POOR PERFORMANCE"

I feel you will be feel better after reading this whole thread from page one... I have been reading so many people's struggles and feel like crying... but not because USCIS is making us week... because this need to end... suffering is more than just some kind of minicule administrative mistake... I have posted earlier a Class Action Lawsuit that was filed recently and going to watch it how it goes... these kind of case bring the new wave to our struggle for our rights... Please be patient... read write and then act... I hope you keep me and every one here posted with your progress... and please dont forget to ask... someone will definitly answer you... I apologize I am not Naturalization complaint filer... but you never knwo in future I may have to file a complaint for my Naturalization too (the way USCIS is moving their butts) :)
 
Haddy said:
My Friends, Check this out... We talk about class action suit... its coming... I hope we can follow up on this case and see if it gets to a point where we can base our cases on this kind of a case...

Good Luck...
i think they are playng it right, filed togetehr, less expensive, and more damaging to the uscis practice, thats what we should have done, every group in one state, or district court, should file togetehr, when the uscis start getiing cases by tens at once, they will feel it, and more importantly it will het attention of the other authorities and may be some will be done about it.
 
TheRock20148 said:
All,

Here is my timeline.

Applied: 08/16/2004
Name Check Initiated: 09/03/2004
Fingerprint: 02/10/2005
Interview: 08/10/2005 (passed)
Oath: ????

Due to name check pending unable to take oath on sameday. Its been more then 20 months since initial name check initiated and more then 9 months after interview still no clue.

Wrote to congressman, senetor, Infopass, wrote to Lady who took my iinterview nothing, everytime i here same answer, background pending (same meaning name check).

I have no clue what should i do, writ of M will work? Bashar82 u did file lawsuit?, how u did it? Any fomat or explain us all detail if possible and format and samples if u can.
Could you help me or anyone who did it myhimself or herself or any knowledgeable lawyer in DC metro area? I am in virginia.

Please please need all the help possible in this forum from anyone.
if you follow this thread, you will find that filing for hearing on naturalization, pursuant to 1447 (b) is a straight shot, because it is a statutary issue, and doesnt even need interpretaion, it is flat very clear, and precise about 120 days,so it should a peice of cake to prepare and understand the lagal information, and no doubt wihtout a lawyer, you do it on your own, just by using the prvious ruling from the court in your district and other districts.
good luck, JUsT BE PERPARED AND DO YOUR HOMEWORK to get the basics
 
Did you send your case to US Atty

Pharboy,

Did you send your complaint to your local US Atty's office?

If you forgot, send it right away.
 
Am back now, had to go down to India to cremate the body and so am back now. How to proceed.

1) We have to collectively gather as many names as possible from this thread and send the e-mail to Rajiv S. Khanna or whoever we find who is good. My gut feeling is Rajiv and he has done this before.
2) Then setup a conf call with him and discuss how to proceed.
3) Like I said before pool in atleast 500 people with $1000 each or 50 people with $1000 and get Rajiv to agree to charge the remaining to USCIS as his fees

Now what I think is we create one document and update it with all the names and new names and by June end present this to Rajiv.

I by the way have been posting this web thread to all the other threads related to our issues. Has anyone done some of them so far. I went thru and searched 100 threads of which 25 have the link I posted. Please sell this thread and use it as a tool, do as much as you can and make the other poor souls aware so that we can all actively fuck these fucking Government bastards who are not doing their job.

I went for my interview and played it really nice, when the Adjudicator started to act smart with me and my wife I called for the Supervisor who over looks their job functions and the DA to his room and took off on USCIS, they asked me to calm down. I told those assholes that they have broken not only their own law but also the Judicial law and the Chartered of rights and asked for a thorough investigation. When confronted with the Green Card approval and Case dismissal I said, I don't care about the Green Card anymore, I will see the Director of USCIS in Boston and all of ya'll in Court if I don't get the reason for the delay by May 10th. At that point they were all shitting fucking bricks. Also the DA said that he was not privy to infomation in Washington that he had on me as USCIS would not share it. I said if that is the case then how can you defend them and even if they bring something like this in a court of Law I will refute it and the court will consider any evidence against me moot as it was not shared with the DA or myself. Fucking assholes. Don't know shit

So I request my fellow foreigners to be patient with me and to try to get the ball rolling and start actively participating in posting this thread on other threads and get as many people as possible so that we can present it to Rajiv. I know I started this thread but would request that not to only rely on me as today I'm here tomorrow I might be dead. Take care all. I'm waiting for May 10th to fuck them up in court. Oh and the Judge has given them a last warning and to resolve my issue on May 10th or else they will all be held in contempt including the poor bastard DA who is not privy, dumbass.
 
Haddy said:
Congratulations Bashar82,

Please, if you get a chance and if you want to, provide people on this form the format of letters you used in your complaint and other letters you wrote to all agencies, that would be great. Ofcourse you should remove all your personal info... Way to go... I hope you don't forget people here and keep us in your prayers... Please, try to advise us here and there whenever you can if you find us stuck with our cases or questions otherwise...

Congratulations!!! and God Bless...


I'm going to write my entire experience in detail within the next week or so and I'll attach it as a PDF file.
 
tsa3400 said:
1) We have to collectively gather as many names as possible from this thread .......


QUOTE]

tsa3400:

I did not follow this thread previously. Could you briefly state the purposes again: What is it for? Do you want to include people who have already filed with district court Pro Se and are now simply waiting?
 
Last edited by a moderator:
Eastbayer said:
tsa3400 said:
1) We have to collectively gather as many names as possible from this thread .......


QUOTE]

tsa3400:

I did not follow this thread previously. Could you briefly state the purposes again: What is it for? Do you want to include people who have already filed with district court Pro Se and are now simply waiting?
what the idea was , is to get one of the big lawyers to file for a class action law suit, which will mean every one in this situation ' in any state,will have the benefit of the court judgement, and basically will an end to this bad practice, and get everyone one of us the right to have his/her case adjdicated, and prevent it from happening to any one in the future.
some like will cost a lot, because the big lawyers service is very expensive, that why we want to get an many as possibly we can, to share the cost.
 
mohamedmohamed said:
what the idea was , is to get one of the big lawyers to file for a class action law suit, which will mean every one in this situation ' in any state,will have the benefit of the court judgement, and basically will an end to this bad practice, and get everyone one of us the right to have his/her case adjdicated, and prevent it from happening to any one in the future.
some like will cost a lot, because the big lawyers service is very expensive, that why we want to get an many as possibly we can, to share the cost.

My another question was, for those who have filed Pro Se: Can they join and file again legally?
 
Eastbayer said:
My another question was, for those who have filed Pro Se: Can they join and file again legally?
that is some we have to discuss,but untill we know who is gonna to handel this(the attorney) and how these cases can be included, am not sure how that is going to work, beside we need to know how long of time this migt take, to decide what best for the one who have filed already.
in short it is going to be a lot of work, and we have to understand that it may not benefit me and you directly, since we have already filed , or people like tsa 3400 who have a court date of may 10th, but it is some that ( when and if succeed) is going to be the end of the name check delay dilimma.
so it is more like an challege to the practice more it is a remedy for any single individual cases
but more importntly we have to understand from Rajiv Khanna, what what the reason that made the first attempt failed, to understand how these can adressed , and eliminated
 
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