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

I have been reading this forum for quite sometime... I think Publicus, Suzy, Wonderboy, Tsa, and all others will agree that YES we can join together and File a Class Action Law Suit... I think there might be 2 groups if we are going for 1447b petition and Writ of Mandamus Petition... But if all agree to go for Writ of Mandamus then every one could be joined together with one point in mind that we are togther to have OFFICIALS at USCIS to do their jobs effeciently and effectively within the LAW parameters...

So here is the thing,

we can get together with one goal to acheive...

1) USCIS OFFICIALS need to take care of their jobs...

this second one I am also sure every one will agree is that if you forget about small fish like local USCIS district offices, you just go for the big fish like Secretary DHS and/or just DHS and/or Director USCIS and/or USCIS...

so our 2nd common defendant/respondent would be

2) Secretary DHS and/or just DHS and/or Director USCIS and/or USCIS...

Now the third is also common and common sense... THE LAW that applies on all the same... I mean 1331 + 1361 + 2201 + 701et al and etc...

3) Same Law...

I feel its a big case...

Now, the next step I can think of is to get people to agree who would fight for us... I can fight our case (PRO SE)... we all can fight our case "ALL IN ONE" Collectively PRO SE... or even can hire a Lawyer who sits in DC and like to challenge these USCIS/DHS Officials...

Now, the question is for what... For fame... For money... For challenge...

We get our goals... We give this GIFT to coming generations may as a collective Law Suit or may be a new law thru CONGRESS/SENATE...

Was just going to close my computer... when I thaught about this stuff... I know it coming... if not us someone else will bring class action lawsuit... I would say here... it could have been difficult 20 years ago... when people were not much into internet and FORUMS like this where real people bring their ideas... fresh, neat, clean, and by the book (ideas)... we can do it altogether... we have this forum... we have will... My friends any thaughts... or am I going too fast... I know I talk too much...
 
bashar82 said:
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.
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Bashar,

That would be a great help... I am planning to do it too once and when I am cleared with my AOS WOM petition...

Appreciate it and Good Luck...
 
Haddy said:
I have been reading this forum for quite sometime... I think Publicus, Suzy, Wonderboy, Tsa, and all others will agree that YES we can join together and File a Class Action Law Suit... I think there might be 2 groups if we are going for 1447b petition and Writ of Mandamus Petition... But if all agree to go for Writ of Mandamus then every one could be joined together with one point in mind that we are togther to have OFFICIALS at USCIS to do their jobs effeciently and effectively within the LAW parameters...

So here is the thing,

we can get together with one goal to acheive...

1) USCIS OFFICIALS need to take care of their jobs...

this second one I am also sure every one will agree is that if you forget about small fish like local USCIS district offices, you just go for the big fish like Secretary DHS and/or just DHS and/or Director USCIS and/or USCIS...

so our 2nd common defendant/respondent would be

2) Secretary DHS and/or just DHS and/or Director USCIS and/or USCIS...

Now the third is also common and common sense... THE LAW that applies on all the same... I mean 1331 + 1361 + 2201 + 701et al and etc...

3) Same Law...

I feel its a big case...

Now, the next step I can think of is to get people to agree who would fight for us... I can fight our case (PRO SE)... we all can fight our case "ALL IN ONE" Collectively PRO SE... or even can hire a Lawyer who sits in DC and like to challenge these USCIS/DHS Officials...

Now, the question is for what... For fame... For money... For challenge...

We get our goals... We give this GIFT to coming generations may as a collective Law Suit or may be a new law thru CONGRESS/SENATE...

Was just going to close my computer... when I thaught about this stuff... I know it coming... if not us someone else will bring class action lawsuit... I would say here... it could have been difficult 20 years ago... when people were not much into internet and FORUMS like this where real people bring their ideas... fresh, neat, clean, and by the book (ideas)... we can do it altogether... we have this forum... we have will... My friends any thaughts... or am I going too fast... I know I talk too much...
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actually you are right where every one is, we have thoughtt and talked about this, and most of us are ready to commit what is in their capability to see it happen,and just for the refrence , the same have been tried about a year or two ago, and it fail, not that doesnt mean this ne will fail, but it is critical to know what do we have new to bring this time, this a complex issue, because of it's techenicality aspects ( one of them was that the plaintiff definition was too braod to fit under one blanket, or some liek that, which was the reason the last class action was tghrown away) but it is worth the effort.
so while it is important for us to be ready, get as much oney as we need from as many people aas we can get, it is also imparative to have a professional assesment for the entire thing, so we know exactly where we stand.
these assement should includ everythig starting for the chances fo winning, and how can we avoid what happen the last time, and minumum ammount of money needed to get started.
personally speaking, i will do my part, and am not backing up , even my case ende up solved, because like haddy said, it is about just us, it about us next time, and the next immigrant, and also about setting the records straight.
 
mohamedmohamed said:
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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On April 13 you asked about the case Farah V Gonzalez... here it is... I am not done reading after April 13 and dont know if you found it but just in case attaching here...
 
Add a Defendant???

Hey guys... do you know anything about adding a defendant in your complaint... I think it has to be done as AMENDING the complaint... but then everyone will be served again and they will have 60 more days... I forgot to add FBI in my complaint...
 
Does somene has a format of writing to a congressman/senator about inquiring USCIS/FBI about my name check status... I want to know thru Senator or Congress person when my name check was sent to the FBI and has it yet been cleared or not... any suggestions specially a format of a letter would really be appreciated...
 
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.
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Congrat bashar and thank you for answering my question about serving the GC office i will be in the court in the mornning to get a new copy from my complanit and serve the GC office , but did you have to show the court when did the defendants got served so they can count the 60 days . did you have to file the return receipts with the court ? thank you for all your help
 
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Haddy said:
Does somene has a format of writing to a congressman/senator about inquiring USCIS/FBI about my name check status... I want to know thru Senator or Congress person when my name check was sent to the FBI and has it yet been cleared or not... any suggestions specially a format of a letter would really be appreciated...
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Haddy,

For Senator or congressman letter format, all you have to do is to go to their website, they already have format, atleast most of them has format, all you have to do is fill in the blanks.

What state are you from??? I might be able to help you in that.
 
Haddy said:
Does somene has a format of writing to a congressman/senator about inquiring USCIS/FBI about my name check status... I want to know thru Senator or Congress person when my name check was sent to the FBI and has it yet been cleared or not... any suggestions specially a format of a letter would really be appreciated...
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if you want my opinion, dont even bother, writing to any of them , they have told me that all they can do is enquire about the status of your cases, which you can do, other than they have abosolutely no power or infeluence, on either the USCIS, or the fBI
 
Haddy said:
Hey guys... do you know anything about adding a defendant in your complaint... I think it has to be done as AMENDING the complaint... but then everyone will be served again and they will have 60 more days... I forgot to add FBI in my complaint...
Click to expand...
i dont think you need to add the FBI, i didnt, because in his declaration, Mr. Cannon, said that the FBi can produce any name check in a matter of 24-48 hour, if the USCIS aske them to do so, in other words, they are not holding your namecheck result, but the USCIS somehow have told them not to do anything with is.
therefore i think usics as a defendent is enough, because if they want the FBI to finish your name check tomorrow they can.
 
Initial case management conference: Suggestions wanted

Hi, I filed on April 28 (Northern District of California). Yesterday I received a notice from the Clerk's office about the Initial Case Management Conference. It seems that they don't wait until proof of serive is filed, since I have not received all the return receipts yet. This conference has been scheduled exactly 60 days after I filed.

I, and the US Attorney as well, are also asked to file the case management statement one week before the conference. Do I need to file this statement? Has anyone of you filed such a statement? Could you give me some suggestions as what should be included in this statement? I know some of you are going to the court in the next couple of weeks. What have you prepared to bring to the court room?

Your advice is greatly appreciated.

Best regards,

Eastbayer
 
mohamedmohamed: Please help

mohamedmohamed said:
i dont think you need to add the FBI, i didnt, because in his declaration, Mr. Cannon, said that the FBi can produce any name check in a matter of 24-48 hour, if the USCIS aske them to do so, in other words, they are not holding your namecheck result, but the USCIS somehow have told them not to do anything with is.
therefore i think usics as a defendent is enough, because if they want the FBI to finish your name check tomorrow they can.
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mohamedmohamed, first, thank you so much for your contribution here, you are my inspiration in this dreadful journey! I noticed you have mentioned several times regarding Mr. Cannon's remark regarding finishing name check within 2 days, is it possible for you to post the source of that statement, i.e., his original words and where and when he made that statement. You might have posted it but I believe many of us here may have missed it and a repost is definitely appreciated. :D Thank you.

Best Regards,

Balto
 
Balto said:
mohamedmohamed, first, thank you so much for your contribution here, you are my inspiration in this dreadful journey! I noticed you have mentioned several times regarding Mr. Cannon's remark regarding finishing name check within 2 days, is it possible for you to post the source of that statement, i.e., his original words and where and when he made that statement. You might have posted it but I believe many of us here may have missed it and a repost is definitely appreciated. :D Thank you.

Best Regards,

Balto
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anytime
 
I agree

mohamedmohamed said:
if you want my opinion, dont even bother, writing to any of them , they have told me that all they can do is enquire about the status of your cases, which you can do, other than they have abosolutely no power or infeluence, on either the USCIS, or the fBI
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I totally with you mohamedmohamed,

I filed Writ of Mandamus and my case is I-485 AOS... It is better for me to prepare enough exhaustion of rememdies... the point is not to have influence thru congress/senate upon USCIS/FBI... the point is to have something in writing from congress person/senate on their letterhead what they found out upon my request... just to make a stronger case... but on the other hand I toally agree with them having no influence on these SOBs...

I really appreciate your help...
 
Haddy said:
I totally with you mohamedmohamed,

I filed Writ of Mandamus and my case is I-485 AOS... It is better for me to prepare enough exhaustion of rememdies... the point is not to have influence thru congress/senate upon USCIS/FBI... the point is to have something in writing from congress person/senate on their letterhead what they found out upon my request... just to make a stronger case... but on the other hand I toally agree with them having no influence on these SOBs...

I really appreciate your help...
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you have a good point there.
good luck, thanks
 
I did send it

Hi Haddy,

I did sent a copy of the summons and complaint to local US attorney and actually I received the first return receipt from them. I also sent one copy of summons and complaint to the general counsel of USDHS and US attorney general, all return receipts were received. All the return receipts were filed at the NJ district court in Trenton, together with the certified mail receipts. should I expect an order from the judge? I was not even informed who the judge is.

Anyone else filed lawsuit in NJ district court? lets talk.


Haddy said:
Pharboy,

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

If you forgot, send it right away.
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pharmboy said:
Hi Haddy,

I did sent a copy of the summons and complaint to local US attorney and actually I received the first return receipt from them. I also sent one copy of summons and complaint to the general counsel of USDHS and US attorney general, all return receipts were received. All the return receipts were filed at the NJ district court in Trenton, together with the certified mail receipts. should I expect an order from the judge? I was not even informed who the judge is.

Anyone else filed lawsuit in NJ district court? lets talk.
Click to expand...

Dear Pharmboy,

I didn't see you writing about sending all these receipts to your local US Atty's office. Just making sure...
 
pharmboy said:
Hi Haddy,

I did sent a copy of the summons and complaint to local US attorney and actually I received the first return receipt from them. I also sent one copy of summons and complaint to the general counsel of USDHS and US attorney general, all return receipts were received. All the return receipts were filed at the NJ district court in Trenton, together with the certified mail receipts. should I expect an order from the judge? I was not even informed who the judge is.

Anyone else filed lawsuit in NJ district court? lets talk.
Click to expand...
i think the next step is for the defendents to file an asnwer to the complaint, before the end of the 60 day period, unless they decide to settle it before that, and adjudicate your case, after they file their side of the story the answer, then it will be your turn, to dispute whatever claim they make and file that dispute, with whatever supporting documents you have ( i suppose you will have to use the previous ruling from other courts, and any other reports you have i.e. the DOJ reports, FbI cheif report, ect), and they will ether opose your arguments with another motion, then the court will either refre your cases for some type of dispute management, mediation, or some along that line, or grant your motion, or their oposing motion, or move the case to a trial , where both of you will have to argue in front of the court.
but generally, if your case is just a simple namecheck delay, i expect it to be stteled before the end of the sixty day, unles sthey file for extension, in which you may agree, or file a motion with the court to deny they extention request, and then the court have to decide wether or not to grant or deny their motion for extention.
so like i said , in simple uncomplicated pure namecheck delay, it unlikely that you will have to go through all these deragotary procedures.
 
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