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

Has anyone filed from NJ?. My name check is struck since 3 yrs and i am thinking to file WOM. can anybody help me on this. Thanks
 
again, many thanks!!
boston_case said:
Rob,
You can downloas pro se packet from Boston Federal District Court site

http://www.mad.uscourts.gov/LocPubs/Stepby02.pdf

Defendants:

1.Michael Chertoff, Secretary, DHS;
Secretary of the Department of Homeland Security (DHS)
Office of the General Counsel
Washington, DC 20528

2. ALberto Gonzales, Attorney General, USDOJ
US Attorney General
US Department of Justice
950 Pensylvania Ave., NW
Washington, DC 20530-0001.

3. Robert S. Mueller, Director of FBI
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pensylvania Ave., NW
Washington, DC 20535-0001

4. Emilio Gonzalez., Director, USCIS
Director of U.S. Citizenship and Immigration Services (USCIS)
Department of Homeland Security (DHS)
Office of the General Counsel
Washington, DC 20528

5. Dennis Riordan, District Director-Boston, USCIS
Boston District Office
US Citizenship and Immigration Services
JFK Federal Building
Government Center
Boston, MA 02203



Hope this helps.......
Click to expand...
 
Venue

betaMichigan said:
Hello people!

I am a benificary for an I-130 petition, my US citizen wife is the the petitioner. The California service Center has gone approving petitions 2 years after ours was filed, while our remains unadjudicated.

We have filed several inquiries ourselves, through our senator, congressmen. We even contacted thte USCIS Ombudsman and they USCIS still has not done anything to approve our petition. We keep getting a generic response tha our petition is pending and we will get get a response once the processing is complete.

We are debating filing WOM as its been two years now. I have contacted our attorney. He is asking for 5000 dollars to file the writ and is saying that the writ needs to filed in California (as petition is pending there) and in michigan ( as we reside therE).

I thought that WOM can be filed where the 'plaintiff' resides which is michigan. I would appreciate any help regarding this!

My questions are:

1. is the WOM filed in both California and michigan or can we just file in Michigan?

I think you only need to file at one place. In legal terms it is call Venue.
Check out my previous post
http://boards.immigrationportal.com/showpost.php?p=1506740&postcount=5169


2. If the petition is approved before trial do I still pay the lawyer 5000 dollarS?

This is between you and your lawyer. In my opinion, You should ask him for a fee schedule. So you will pay him along the way at each milestone. If it never
went to trial, you shouldn't have to pay him the full amount. Again, this is something you have to work out with your lawyer.

3. Any chances the USCIS can hold a grudge against me and deny our application?

Anything is possible. With that said, I doublt they will. The problem here is that they don't care. To them, you are just a number, deny or approve you means they will have to work on your case, and deny you will most likly create more work for them, which is not what they want, unless they have a really good reason.

I would be much obliged for any help! the awesome gurus of WOMs on this website can provide us!

thanks!
Click to expand...
 
hayyyoot said:
Hey LAmor;
I don't know how liberal Connicticut's District court is, however, if the court remanded your case back to the USCIS, you really don't lose anything, it means that they will desregard your lawsuit and let everything go as usual, this happened in few cases, most cases get solved even before they reached the court, you have an excellent chance to get it because you waited very long. However, what I wanted you to remember is that nothing is guaranteed, the judge is supposed to be fair, I hope he/ she will be so.
On the other hand, if you didn't sue, you might have to wait for six years or more, litterally, many Arabs have been waiting since before 9/11.
Click to expand...

Dear hayyyoot,
Thanks for the advice. I am going for 1447b. I have nothing to loose. I will keep you posted. My immediate goal is to read all these posts and educate myself a little so i can represent my own self. I am reading in some posts that lawyers charge $5K for WOM filing. I can't afford a lawyer. I will have to do a lot of reading so I am confident enough to do this by myself. American courts and government agencies scare the shit out of me :eek: . I will have to overcome this first.
many thanks again
 
Got Oath Letter

Here is timeline.

1) N400 filled: 08/16/2004
2) FP: 02/16/2005
3) Interview: 08/10/2005 (Name Check Pending)
4) 1447(b) Filled: 07/11/2006

Today District attorney called me and faxed me OATH letter for 09/15/06. I am done with these people for now. But now I need help in other stuff.

I want to upgrade I-130 from PR to US citizen (how and what need to be done) as well as file I-129 to bring her on K-3 (spouse visa) Please help me as you always done.

If my parents arte visiting here in USA on B-1 visa, i can file for them also while they r here, all i have to do it file I-485? am i right?

Please answer all 3 issues if you can.

Thanks ALL
 
USC today

:D Congrats. I took the oath today with 10 others. I was the 11th, I suppose...


TheRock20148 said:
Here is timeline.

1) N400 filled: 08/16/2004
2) FP: 02/16/2005
3) Interview: 08/10/2005 (Name Check Pending)
4) 1447(b) Filled: 07/11/2006

Today District attorney called me and faxed me OATH letter for 09/15/06. I am done with these people for now. But now I need help in other stuff.

I want to upgrade I-130 from PR to US citizen (how and what need to be done) as well as file I-129 to bring her on K-3 (spouse visa) Please help me as you always done.

If my parents arte visiting here in USA on B-1 visa, i can file for them also while they r here, all i have to do it file I-485? am i right?

Please answer all 3 issues if you can.

Thanks ALL
Click to expand...
 
How important to have FOIA to file

Hi

I think I have all the evidence that I need, to file. I'm waiting for FOIA request -giving them 20 days to work on it.

How important is it to have it as evidence? Or this is just to make sure that my record is clean?
Does FOIA request help with name check processing?
Do they think they are looking at the same records as for the name check ?


Thank you for any help,
 
FOIPA advantage

annat said:
Hi

I think I have all the evidence that I need, to file. I'm waiting for FOIA request -giving them 20 days to work on it.

How important is it to have it as evidence? Or this is just to make sure that my record is clean?
Does FOIA request help with name check processing?
Do they think they are looking at the same records as for the name check ?


Thank you for any help,
Click to expand...

As such there is no known advantage if your lawsuit is based on 1447(b). It can be used as an exhibit. It may add little extra weight and depict plaintiff's confidence and clean record. Altough it technically has no connection with FBI's name check process but would certainly be helpful.
 
Annat,

It is optional. You don't need it for 1447b petition. Don't waste time. File 1447b as soon as you can.

syt

annat said:
Hi

I think I have all the evidence that I need, to file. I'm waiting for FOIA request -giving them 20 days to work on it.

How important is it to have it as evidence? Or this is just to make sure that my record is clean?
Does FOIA request help with name check processing?
Do they think they are looking at the same records as for the name check ?


Thank you for any help,
Click to expand...
 
How do local rules matter in 1447(b) cases ? Is there an option that I serve the defendents and file certificate of service with court or the court will server the summons themselves and all i do is file the complaint. Is this a matter of local rules ?
 
Congratulations

TheRock20148 said:
Here is timeline.

1) N400 filled: 08/16/2004
2) FP: 02/16/2005
3) Interview: 08/10/2005 (Name Check Pending)
4) 1447(b) Filled: 07/11/2006

Today District attorney called me and faxed me OATH letter for 09/15/06. I am done with these people for now. But now I need help in other stuff.

I want to upgrade I-130 from PR to US citizen (how and what need to be done) as well as file I-129 to bring her on K-3 (spouse visa) Please help me as you always done.

If my parents arte visiting here in USA on B-1 visa, i can file for them also while they r here, all i have to do it file I-485? am i right?

Please answer all 3 issues if you can.

Thanks ALL
Click to expand...
Congratulations TheRock20148, One more victory in EDVA,Let's know your oath ceramony experience. I saw your case on Pacer , I am following you I filed on 9/1/06 in EDVA.
 
Thank you Syt and Boston Case!


Do I need summons for US Attorney as well, or just send him copy of the copmlain and exhibits?


Thank you very much!
I'm almost there.

syt said:
Annat,

It is optional. You don't need it for 1447b petition. Don't waste time. File 1447b as soon as you can.

syt
Click to expand...
 
summons

annat said:
Thank you Syt and Boston Case!


Do I need summons for US Attorney as well, or just send him copy of the copmlain and exhibits?


Thank you very much!
I'm almost there.
Click to expand...

You send summon (copy for that defendant) + complaint + exhibits to each defendant.

For US attorney you serve copy of all the summons + complaint + exhibits.

Your 60 day clock start from the day US Attorney's is served.
 
Need Extra Help

I will be US citizen on 09/15/06 after 1447(b) lawsuit. My questions are and need answers with experience.

1) How to upgrade I-130 for wife? Plus I have file I-129F for K-3 right?
2) My parents are in US on B-1 visit visa, can I apply for them? if so do I have to file I-130 for them or directly I-1485 and travel document sametime? How its work. I have to take all above steps.
 
motion of judgment

hello everybody

the last day for the 30 days extension I allowed USCIS is 9/11/2006

The US Attorney filed a motion to dissmiss today 9/8/2006 stating that USCIS can not do anything before Name check clears and that 1447 b do not apply in my case because the 120 days should be counted when all the procedure of the interview is completed , not only the test but the Good and moral behavior which requires Name check to be clear to decide on that.

What shall do now? Please, I will be so thankfull to anybody taht could help me with any information.
Do I have to file anything against this motion, and if so where do I start from ? I really have no clue where to start right now.:)

or what do u guys think, shall hire a lawyer? I really cannot afford it , but if I have to , Iam gonna have to>

All Iam asking for right now is HELP

Thanks

Thanks
 
Hi there!

This is b/s and the gov't knows it! Do a search on PACER, you will find numerous files there that you can basically copy&paste that lay out in very detailed, elaborate, legal language that the 120 days start running from the initial interview.

Good luck!
 
question

All the defendents were served on 9/5/06 but till today I did not received the receipt conformation (Green Card from USPS)from Michael Chertoff and Robert mueller, what should I do although I have a receipt from USPS website that summons were delivered with the date and time on it.Please advice
 
You must log in or register to reply here.
Top