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

N400 name check

Hi,

Here are my information,

PD: 11/2005
Interview: 2/2006

And name check is still pending. Can I file lawsuit? I saw some posts saying f 1447b, what does it mean? How can I file 1447b?

Thanks a lot for your help!
Ying
 
Yes, you can

yingx89 said:
Hi,

Here are my information,

PD: 11/2005
Interview: 2/2006

And name check is still pending. Can I file lawsuit? I saw some posts saying f 1447b, what does it mean? How can I file 1447b?

Thanks a lot for your help!
Ying
Click to expand...
Yes, you can. It has passed 120 days since your interview. Please read the first few posts in the beggining to get yourself familiar with.
 
yingx89 said:
Hi,

Here are my information,

PD: 11/2005
Interview: 2/2006

And name check is still pending. Can I file lawsuit? I saw some posts saying f 1447b, what does it mean? How can I file 1447b?

Thanks a lot for your help!
Ying
Click to expand...

Please, read first 15-20 pages of this thread and you will have a much better idea about what you are dealing with. BTW, my interview was also in 02/06, what USCIS District Office did you go through?
 
Looking for a good immigration lawyer in Chicago, IL

Hello,
My 120 days expired this Monday, so I am planning for file 1447(b) lawsuit.
I am not comfortable with doing it myself, hence the question:

Can anybody recommend a good lawyer for 1447(b) in Chicago, IL?

Thanks,
Denis
 
SHAFFI said:
The USCIS denying the applican besed on the fact you filed too early is unecceptable, here is why:

1- Whithin the USCIS procedures to process applicants (i.e. N-400), they make sure that the applicant is qualified to apply for such application, if they accept your application, they cash your check and give you a recipt and give you an appointment to get your FP taken. If they think you are not qualified (i.e. you filed to early), they deny your application and they will NOT cash your check or have you go through the rest of the application.
2- They accepted your application that you submitted back in 2004, they had plenty of time to tell you (we secrewd up, you are not suppose to apply, but they didn't until you sued them). I dont think this will fly with a judge, specially when they took your money.

Fight them back as their denial is baseless and/or you can argue with the judge that USCIS is acting in bad faith.

All applicant who apply too early, they get their applications denied BEFORE they take their money. They can not debate their own practice. They scewed up and it is their issue not yours.

Good luck, Shaffi
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Shaffi,

What state and city are you in? if may I ask

thanks
 
summons, WOM, I485, District of MA, help

Can someone post a sample of summons of WOM case for I485 in District of MA or other District? I have five defendants. One summon is for each defendant or I should put all defendenst in the same summon. I used form AO 440. Another question, I am filing Pro Se. What should I put after" served on PLAINTIFF'S ATTORNEY (name and address)? Should I put my name and address?
Another question, I wrote a complain letter and intent of sue to USCIS and USCIS assigned a case# and forwarded my letter to Customer Assiatnce Office for a response. The reply is same, that is my background is pending. Do anyone know this USCIS Customer Assiatance office?
 
SHAFFI said:
I reside in three States, California, Arizona, and Texas
Click to expand...

Hello,

I am in Los Angeles like you see, did u file in California? And I see you know a lot about law, are u lawyer by any chance?

Thanks

Ps, happy ramdan by the way,
 
Calixto said:
Help needed

residence: 2/15/2000
Application received: 12/1/2004
Interview 9/21/2005
Complain submited 6/9/2006
Motion to dismiss by government 8/14/2006
Memorandum to motion to dismiss 9/8/2006
USCIS denies application 9/22/06 :(

The USA has been kept saying the request has been made to the FBI to finish the background check

All of the sudden I get a letter from USCIS deying the application based on the fact I filed too early

I filed 76 days before the five year term (2/15/2005), but in the letter says that became resident on March 7 of 2000 (by coincidence my wife's date). It was a gross mistake, which besides changes the whole matter, bringing the case to an appealing immigration officer (time and money).

What should I do? I have ready a Motion for Preliminary Injunction to have the court to prevent the Decision to be legal (lack of jurisdiction and false data, demonstrated in my green card)

my judge has been so far quite, muted, i guess making time :(

suggestions???
Click to expand...

If you are sure that you followed the appropriate procedure and timeline and that USCIS has yet screwed up again then cheer up you will prevail. Get the AUSA to help with this error. Call him/her and tell him that USCIS is trying to deny you your RIGHT to obtain immigration benefits by prejudice and deceipt. This screw up by immigration could be an intentional mistake to make you think you are screwed. Calm down man, this is not the end of the world.
 
lkee said:
We filed in S. Texas and the same thing happened to us. Within 1 day we received a judgement with a remand back to USCIS with no time limit, saying this is not this court's jurisdiction and the 120 days have not passed. We filed a motion to amend and that was denied. We have been told that only 1 judge is dealing with this, I can give you his name if you pm me, and he is giving the same ruling on all the cases. There are currently 5 of us considering a joint appeal to the 5th Circuit court, but honestly, I don't think it will work. We seem basically screwed. If there are any S. Texas filers out there with more positive experiences could you share with us so that we can pass it on to the attorneys??
Click to expand...

There is a good chance that an appeal would work. There is the 9th circuit decision and several district court decisions that specifically state that the courts have jurisdiction and when the 120-period starts/ends.

However, I would recommend that anyone who appeals hire an attorney. An appeal is not based on the subject matter on the case itself (your naturalization application) but on the legalities on which your judge made his decision in the district court.

Unfortunately in your case, even if you make win the appeal, your case will be sent to the same judge to hear the case. In this case there is the possibility that he will just remand the case to USCIS once again without any specific dates. The only way this could be avoided is if your original petition only requested the judge to determine the application instead of giving him the option of remanding it.
 
Mr LA said:
Hello,

I am in Los Angeles like you see, did u file in California? And I see you know a lot about law, are u lawyer by any chance?

Thanks

Ps, happy ramdan by the way,
Click to expand...

I filed in Arizona. I am a business owner, not a lawyer but I have several immigration lawyers that I ask them questions that I dont know the answer to. They have represented me for my applications and and my lawsuits and continue to do so. Why so many lawers? one might ask, here is whay:

One lawyers filed my I-485 and did the whole process for me in California, then I trnsfered my file to Arizona and hired a second lawyer. Then I hired two diffrent immigration ledigation lawfirms to sue. And finally, I hired another lawyer to do my N-400. It has been a very expensive jurney I must say. I see some people here say it is too expensive to pay $3,000 to file a WOM and I laugh becuase good lawyers are expensive. I have spent more than 100 K on my lawyers and still counting. For me I dont have a choice as I own and run a very complicated business and I have to make sure every thing is done correctly with the USCIS, so I hired the best lawyers in the country. I have seen USCIS screw people on technicality, so thats why.

Most of my answers and comments come from my lawyers. I must also add that each applicant has a unique situation and general advices don't reflect that specific case.
 
SHAFFI said:
I filed in Arizona. I am a business owner, not a lawyer but I have several immigration lawyers that I ask them questions that I dont know the answer to. They have represented me for my applications and and my lawsuits and continue to do so. Why so many lawers? one might ask, here is whay:

One lawyers filed my I-485 and did the whole process for me in California, then I trnsfered my file to Arizona and hired a second lawyer. Then I hired two diffrent immigration ledigation lawfirms to sue. And finally, I hired another lawyer to do my N-400. It has been a very expensive jurney I must say. I see some people here say it is too expensive to pay $3,000 to file a WOM and I laugh becuase good lawyers are expensive. I have spent more than 100 K on my lawyers and still counting. For me I dont have a choice as I own and run a very complicated business and I have to make sure every thing is done correctly with the USCIS, so I hired the best lawyers in the country. I have seen USCIS screw people on technicality, so thats why.

Most of my answers and comments come from my lawyers. I must also add that each applicant has a unique situation and general advices don't reflect that specific case.
Click to expand...

Brother,

If you have an army of lawyers, I will never blame you, if you pay them a lot of money, it’s worth it. Middle Eastern and Saudian people have been discriminated against. So, do what you have to do to get your right, and I will pray for you.

I wish you all the best
 
9th district court

Bashar;
Do you have links to the 9th district court cases that clarified the law? did anybody in teh 9th district actually filed an appeal after being denied by teh initial judge? any details are appreciated.
Nevada case here, my judge is as conservative as they get.

bashar82 said:
There is a good chance that an appeal would work. There is the 9th circuit decision and several district court decisions that specifically state that the courts have jurisdiction and when the 120-period starts/ends.

However, I would recommend that anyone who appeals hire an attorney. An appeal is not based on the subject matter on the case itself (your naturalization application) but on the legalities on which your judge made his decision in the district court.

Unfortunately in your case, even if you make win the appeal, your case will be sent to the same judge to hear the case. In this case there is the possibility that he will just remand the case to USCIS once again without any specific dates. The only way this could be avoided is if your original petition only requested the judge to determine the application instead of giving him the option of remanding it.
Click to expand...
 
The 9th circuit case is USA v. Hovsepian (check the spelling on that, it has been posted several times at the beginig of this thread). Basically it said that once a petition is filed, the district court assumes exclusive jurisdiction and defined the application process (including when the 120 period begins). Since the, district courts have assumed exclusive jurisdiction and several have clearly stated that the 120-period starts at the end of the first examination/interview. Only one court (Eastern District of Virginia) sided with USCIS and said that the 120-period does not start till after all the background checks are completed. But this case (Danilov) has been distinguished and shred apart but other district courts.
 
i need help on address to where to file a law suit on delay for citizenship

hello everyone

i need the name of Distric Director of United Satates Citizenshio and Immigration, where to find can someone past a link

i also need name of District Director of united States Citizenship an Immigation Services-- i live in San beranardino county California,

i will appreciated if somone can just do that for me. i am planning to sue for the delay of my citizenship.
 
xu111 said:
First of all, thank you, mohamedmohamed, for your encouraging comments. I was kind of panic when I read the goldspot7's post last night. Anyhow, I convinced myself to file my WOM this morning. Now I feel much better after your comments.

I am a little confused while serving the defendants and US attorney. I found addresses from this thread, but clearly it contains some typo mistakes. I have sent out three letters with the following addresses.

Robert S. Mueller III,
Director, Federal Bureau of Investigation
Office of the General Counsel
Room 7427
935 Pennsylvania Avenue, N.W.
Washington, DC 20535

Alberto R. Gonzales, United States Attorney General
US Department of Justice
950 Pensylvania Ave., NW
Washington, DC 20530-0001

US Attorney' office
South District of California,
Civil Division
101 W. Broadway, 15th Floor
San Diego, CA 92101
(Note: I got this address by calling US Attorney's office and it is not on their website. During the call I was confused by the term "US attorney" or "District Attorney". Finally I go with US attorney for South District of California. Can anybody confirm I did it right? Thanks)

I hold the summons to the following two parties, because I am not sure about the address.

Michael Chertoff, Secretary of the Department of Homeland Security
Office of the General Counsel
US Department of Homeland Security
Washington, D.C. 20528

Emilio T. Gonzalez, Director of USCIS
Office of the General Counsel
U.S. Department of Homeland Security
20 Massachusetts Ave, NW, Suite 4025, 4th Floor
Washington, DC 20528

At the post office, I thought I missed street address for Mr. Chertoff. For Mr. Emilio T. Gonzalez, there is a typo and the zipcode was mistakenly written as 20259 (an invalid one and could not be mailed out).

Now I know, after browsing DHS website, that DHS don't use a street name in its mailing address. But the question is: why does Mr. ET Gonzalez has a street address? Can anybody confirm this is a valid one?

Thanks a lot.
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Not much done on my case, I am sure of it. 9/11 they had a naturalization ceremony, I haven't received "an invitation" so I am guessing my stuff is still sitting on someone's desk or shelf. Next ceremony is on 12/7.

Unfortunately, I must say that while the military is somewhat helpful in preparing and mailiing your application, they are also somewhat hesitant to engage any difficulties encountered in the naturalization process in general. There are individual leaders in the military who are willing to do all they can.

Let me ask you of some advice. I am about to set an appointment with a military lawyer (a MAJ) whom I heard specializes in immigration cases. My 120 days after the interview is up on October 19th. I am willing to petition through the district court to demand a result in my case with the help of that lawyer.

However, my chain of command just stepped in to do whatever it takes to get my citizenship. I have a section chief Warrant Officer, a company First Sergeant, a Company commander Major, and more than likely a Battalion commander Colonel might step in.

Question, to complete this nonsense name check procedure that takes forever (which I honestly don't have) who do we have to call? US attorney? Atlanta CIS District Director?

Some of my leaders are suggesting that we should force the CIS respond by petitioning them through the federal court, however I think things can be done by negotiating with the person in charge there.
 
WoM case won, what next

Guys,

After filing WoM lawsuit in August, my wife and I received our green cards last week. I used information from this forum to prepare our lawsuit. I would like to thank all the guys that helped us along the way.

Two more questions:
1. I haven't even filed the certificate of service yet. I sent out 6 certified mail with return receipt but got 5 receipts back. Is my case even legitimate?

2. it is getting close to the 60-day deadline. The assistant US attorney hasn't contacted me. I remember someone has to submit a motion to dismiss. Is it them or me?

Thanks
 
Filed the lawsuit on 8/21 in Norther District of Indiana. its been about 40 days now and no AUSA assigned yet. Is this normal? They have to answer in 60 days, so they have about 20 days left. Should I worry?
 
1447b and the end of 60 days!

I have filed 1447 (b) lawsuite and unfortunately I did not hear anything back from no one. One week left before the end of the 60 days due date. I called the USAA and he very casually said "oh you will hear something at the last day and it is going to be from the court". so I said there won't be a motion to dismiss the case, he said well since you filed there are 2 things an answer which I will do on the last day and getting your citizenship which is between you and the USCIS and I've nothing to do with. I am puzzeled and disappointed. I don't no what would be his answer, he did not say an extention or anything. Does anyone have an idea on how to proceed with this? should I request a motion for trial after the one week? Any suggestions?
 
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