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

[ICU Doc]

Zaib
Somewhere in this thread there is a detailed response to this lie. There are cases out there where CIS tried to pull that trick and the court decided that the 120 days are counted from the time of the interview not the name check clearance. Once you cite these cases they will have to shut up and do their jobs.

 

[hayyyoot]

Do you know of any Websites that list judges' ruling history???

Hello all;
Another frustrated 1447(b) plaintiff:
Here are my Details:
N-400 received: Nov 17th, 2005
Interview: April 21st, 2006
1447(b) filed on Aug 28th, 2006
My case went on pacer last week, they assigned a judge, I ran a search on teh web, and found out few info about his background, and one of his famous rulings, but, I would like to look at a history of all his rulings if possible, ant insights on how to do so?
Thanks all

 

[namecheck2long]

exhibit for infopass

Hi, I just started to gather documents for wom filing. I don't have any print outs for several infopass appointments I made. Do I need to list infopass as exhibits? Thank you!

 

[GetThere]

Why go for WOM while you can do 1447(b) litigation?

To: namecheck2long:

Since you have been interviewed, you can go for 1447(b) litigation.

 

[bashar82]

Masa,
Don't accept the deal. In almost every other case, AUSA/USCIS has only requested a 30-day extention to make the decision. Others have quoted letters from the AUSA requesting a 30-day extention. Reply to the AUSA that in almost every case, only 30 days was necessary. And once USCIS was ready to make a decision in the very near future, was a dismissal agreement talked about.
Most AUSA are sympathetic with you. Even the AUSA in my case called USCIS idiots for denying, or attempting to deny, my case. Just write back with a revised proposal that gives them one 30-day extention to make a decision.

 

[Haddy]

Haddy, thank you for sharing your Hearing. Which district court is it?
I'm kind of a new person and seldom spoke here. But I'm proud of you and very moved by your spirit. Please keep us posted. I have been (and will be) praying for you.
Best lucks.

MN - Minnesota

 

[qim]

Masa,
Don't accept the deal. In almost every other case, AUSA/USCIS has only requested a 30-day extention to make the decision. Others have quoted letters from the AUSA requesting a 30-day extention. Reply to the AUSA that in almost every case, only 30 days was necessary. And once USCIS was ready to make a decision in the very near future, was a dismissal agreement talked about.
Most AUSA are sympathetic with you. Even the AUSA in my case called USCIS idiots for denying, or attempting to deny, my case. Just write back with a revised proposal that gives them one 30-day extention to make a decision.

Masa_inn, I 100% agree with bashar82... Remember, you don't have to agree with any of what AUSA proposes, and you have a perfect right to propose your own version(s) of a deal. When I dealt with this, 30 extention turned out to be more than enough. Good luck.

N-400 Interview: April 2005, 1447b: February 2006, Naturalized: May 2006
********************************************************

 

[drhe]

Yes

Thanks a lot.

 

[ApplyInDenver]

samples

Hi Everyone,
I gave the defandants 60 days extension and after that they came back with an answer that the background check is not complete and the 120 days start from the clearance of the background check.
Are there any examples of a response in this thread.Please help.

This article has a section showing the cases that you can use to argue the date for the initial examination.

 

[louielou]

My tomeline

"Could you post your timeline ? It appears 3 years for start to finish is normal for GC now unless you go thru WOM."

01-97- Mother filed I-485 on my behalf-at the time, she was a Green Card Holder-Houston, TX

07-03-Received my first EAD-I was living in Phoenix, AZ at the time

12/03- Relocated and transfered file to Minnesota

07/04- Renewed EAD

12/04- Interview served at Bloomington, MN INS Office-I was asked to
resubmit demographic info form and a few other documents

01/05- Resubmitted all documents requested at interview via certified mail

06/05- Renewed EAD

04/06- Consulted local attorney- checked on status of my case- background/name check pending

06/06- Renewed EAD

So here is my story! It has been almost ten years and I have no idea how much longer it is going to be. If anybody has any suggestions, I would appreciate it, I am just tired of waiting Thanks!

 

[zaib]

when to respond to defendants answer

Thank You everyone for your input,it is really appreciated.
I received defendants answer to my complaint (law suit),and I have prepared an answer for it.Should I submit it to the court now or do I have to wait for the conference.Where can I find the template for the line numbers on the left margin to answer.
Thanks.

 

[Haddy]

Zaib

Thank You everyone for your input,it is really appreciated.
I received defendants answer to my complaint (law suit),and I have prepared an answer for it.Should I submit it to the court now or do I have to wait for the conference.Where can I find the template for the line numbers on the left margin to answer.
Thanks.

Zaib,

You have 20 days from the date the motion was filed by Defendants. You don't have to worry about the line/format details... I did not file that peice. but you can find it on you local US district court website under forms...

 

[lotechguy]

"Could you post your timeline ? It appears 3 years for start to finish is normal for GC now unless you go thru WOM."

01-97- Mother filed I-485 on my behalf-at the time, she was a Green Card Holder-Houston, TX

07-03-Received my first EAD-I was living in Phoenix, AZ at the time

12/03- Relocated and transfered file to Minnesota

07/04- Renewed EAD

12/04- Interview served at Bloomington, MN INS Office-I was asked to
resubmit demographic info form and a few other documents

01/05- Resubmitted all documents requested at interview via certified mail

06/05- Renewed EAD

04/06- Consulted local attorney- checked on status of my case- background/name check pending

06/06- Renewed EAD

So here is my story! It has been almost ten years and I have no idea how much longer it is going to be. If anybody has any suggestions, I would appreciate it, I am just tired of waiting Thanks!

To start with just do a FOIPA with the FBI and if it says no record found then take it to your congressman. Most likeley they will tell you the same thing but thats something you can use in your WOM suit if you decide to file.

 

[ApplyInDenver]

do it early

To start with just do a FOIPA with the FBI and if it says no record found then take it to your congressman. Most likeley they will tell you the same thing but thats something you can use in your WOM suit if you decide to file.

If you plan to do the FOIPA, do it soon.
I sent a request last month with FBI receipt date of Aug 9. I still have not got my result yet.

 

[samson_33]

Difference Finger Print / Biometrics

Is the fingerprinting same as Biometrics ? I have provided a 60day extension and I got a notice for Biomerics scheduled for 09/14, since my 1st is expired (over 2 1/2 yrs now). Also only I received it the Biometrics notice, nothing for my wife.

 

[Mr LA]

Dear all,
I have two questions to ask.
#1. There are several AUSA in the district office. The court clerk didn't assign one for me. How do I know which US Attorney I should serve?

#2. If I didn't include the US General Attorney in the defendants list, do I need to send him a copy of the summons and the complaint?

Hello drhe,

You need to serve your local U.S Attorney Civil process clerk, civil division

For example,

Civil process clerk, civil division
1801 Fourth Ave., North
Birmingham, AL 35203-2101

You can find your local U.S Attorney here:
http://www.usdoj.gov/usao/offices/index.html

And i think you need to send a copy to the US General Attorney,

I wish you the best

 

[kabi24]

Is the fingerprinting same as Biometrics ? I have provided a 60day extension and I got a notice for Biomerics scheduled for 09/14, since my 1st is expired (over 2 1/2 yrs now). Also only I received it the Biometrics notice, nothing for my wife.

the biometrics are supposed to be for the issuance of the GC, AL11 had his 2nd fp and after his case was approved he's got a biometrics Appt. So this could be good news...

 

[kabi24]

Hello all;
Another frustrated 1447(b) plaintiff:
Here are my Details:
N-400 received: Nov 17th, 2005
Interview: April 21st, 2006
1447(b) filed on Aug 28th, 2006
My case went on pacer last week, they assigned a judge, I ran a search on teh web, and found out few info about his background, and one of his famous rulings, but, I would like to look at a history of all his rulings if possible, ant insights on how to do so?
Thanks all

I have no idea, it is going to be extremely difficult because:
1- those judges don't just get immigration/naturalization cases...
2- most if not all our cases here, have been dismissed without prejudice because USCIS has adjucated our cases before even getting to discovery.

i wouldn't worry about it, just treat the issues as they come up...
good luck

 

[kabi24]

Hi, I just started to gather documents for wom filing. I don't have any print outs for several infopass appointments I made. Do I need to list infopass as exhibits? Thank you!

1447b cases don't have the burden as WOM cases to gather all those documents...
if you don't have them there's nothing you can do about it now, i included copies of letters that i have sent to USCIS and didn't get a response for...my case didn't go even to pretrial... whatever you could include that's all wht you need, the issues here is that USCIS is taking too long... that alone is your proof..\
good luck

 

[kabi24]

Thank You everyone for your input,it is really appreciated.
I received defendants answer to my complaint (law suit),and I have prepared an answer for it.Should I submit it to the court now or do I have to wait for the conference.Where can I find the template for the line numbers on the left margin to answer.
Thanks.

you can answer ASAP i believe within couple weeks of the deffendants' answer....
now for the template of the legal sheets.... you can download those templates from microsoft if you are using word.... you can download your template here
this is a 26 lines... if you want you can have i think 25/26/28/ or 32 lines . i used 26 in my case...
good luck