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

[Haddy]

Well Said!!!

Thank you everybody for your support. But you know I have been collecting alot of data, cases, and laws about this issue, and this forum helped alot too, it really gave me insight and inspiration to fight. Unlike the last time, the AUSA was very nice to me, and everyone in her office sounded like they are familiar with my case, she said that she is willing to settle this out of court because neither her nor USCIS want to go to court with a case like this for it is imbarecing. I kept sending them exhibits almost every week, everything I managed to get a hold of; alot of it from this forum, I filed it in the court as exhibit and filed a copy to the AUSA, and stated that in a letter to the court; that I am suing the DHS, FBI, USCIS, and US Attorney General, and they can eat me alive in court if they want too, but as a Pro Se Plaintiff I wanted to establish records as much as I can to protect myself and fight back in court. I really think that this what helped me the most in this case, and it makes their job almost impossible to finish. For everytime I file an exhibit, they have to answer for it in court or in their response to the court, and to refute almost 50 exhibits + the complaint of 10 pages, I think it is very difficult to do that, specially with the number of cases they have been recieving of this type. So, use their laziness against them, load them with work we all know they would not be able to do, specially when they are working against 60 days deadline, they either finish their job, or give up, and we all know what they do best; of course GIVE UP, they don't want to work!!! One other thing, dont you ever, ever show them that you are worried or weak or soft, show them your balls, and that you are ready for a good old American fight all the way. They will try to scare you away at the biggining, but don't be scared away hold your grounds and fight for your right, prove to them that you deserve this honor of holding the US citizenship.

She also said that they pulled my case to the US Attorney General's HQ. but she wouldnot say why, and she told me that they only allowed 50 expedite name ckeck per month and they managed to get me one in March and my case should be approved by May 26th. So, I am waiting. I also told her that I will not dismiss my case till after I have my naturalization certificate and go apply for a US passport then I will mail out the dismiss motion to court.

I don't want to sound like I have a big ego, but if you have a 1447(b) pending, please try to read my previous posts in this thread, you might find something useful to help you out in your case. and I sincerely wish everybody the best in their endeavors to earn their US citizenship, which is really an honor.

P.S: for the record, I don't think they are discriminating against anybody, I am from Egypt, and my name is the most commom name in the Arab and Islamic world; Mohamed, but I am positive they are just incompetent, even the AUSA said so, that the system is very badly broken in this background issue and they are really working on it. Go figure when ??!!

Dear EgyptionCastle,

Can you please explain a little more how you added your ehibits without amending your complaint???

I will really appreciate it among others too.

 

[EGYPTIANCASTLE]

I won My Case

I have won my case, they cleared my name check on May 2nd 2006 and my oath is MAy 18th at 8:30 am in San Jose, CA.....thank you everybody.

 

[Haddy]

Congratulations!!!

I have won my case, they cleared my name check on May 2nd 2006 and my oath is MAy 18th at 8:30 am in San Jose, CA.....thank you everybody.

Well Deserved... Very Well Done... You proved that If you are Right You Need To Stad Tall... Congratulations... May Allah Be Your Guardian... God Bless You...

Congratulations!!!

I am very happy for you and I am sure every one here is too...

WELL DONE!!!

 

[EGYPTIANCASTLE]

Thank you Haddy, Good luck to you, may Allah bless us all.

 

[Haddy]

Please Enjoy Your Victory!!!

Thank you Haddy, Good luck to you, may Allah bless us all.

Please, I don't mean to sound rude... When you get a chance... whenever you get a chance... If you can guide me how you added your Exhibits in your complaint without amending your complaint... Did you mention certain Law to add exhibits in your file... I you can just pose the format or the text or verbage you used to add exhibits in your complaint that would be very great...

As I said I dont want to be rude... Please ENJOY YOUR SUCCESS... you can look into this whenever you get a chance later... right now just enjoy...

CONGRATULATIONS once again...

 

[Amir/Houston]

Congrats!!!

I have won my case, they cleared my name check on May 2nd 2006 and my oath is MAy 18th at 8:30 am in San Jose, CA.....thank you everybody.

Congratualations!!

You did it!

 

[mayseventh2003]

almost there

Just want to update my case. I filled my case on MOW (for AOS) March 10th, and served the US attorney the same day. Today, one day before the deadline of the 60-day responding period, the US attorney called me and told me that my FBI name check was cleared. So my case right now is in the hand of USCIS Vermont center. I still need to do another round finger print though (this Sat) as my last finger print was two year ago (no surprise here), and she told me the purpose of this finger print is just to confirm that I am the same person as two years ago. She asked for 60 days extension, but I counter offered 30 days, as I have to travel internationally in mid-June. So now I will just need to be patiently wait for another 30 days and see what would happen in the end. I will update again!

Thank you very much, Publucus, Gegemon, TSA, Wonderboy, George1965, and mohamedmohamed, and many others for your help and spirit to fight. There is no way to move the ass of USCIS unless you take the fight.

 

[RealSuperK]

I have won my case, they cleared my name check on May 2nd 2006 and my oath is MAy 18th at 8:30 am in San Jose, CA.....thank you everybody.

Congrats!

Thanks for all your help on this web site!

K

 

[WaitingInDallas]

Hello everyone,

My bf has his interview for N-400 application back in Aug 29,2005 and since then we never heard anything from USCIS. Back in March, my bf went abroad. Somethign really bad happened during this trip, if he had had his citizenship, things would be so much easier.

I was very upset and decided to get the thing done. Then I found this thread and I was inspired so much. I feel like this is the resolution for my bf's case.I read almost every post on this forum and got a lot of helpful information.

On april 17, we scheduled an infopass appointment and got answer for his case as "name check pending, there is nothing they can do". (no surprise.) Then he filed a FIOPA request and got it back in 3 weeks with "no record".

I don't see a lot of Texans here, especially no case in Dallas. At the beginning, I was a little afraid. I called local dirstrict clerk, and talked to serverl of them, they were not helpful at all. I was told to download a general complaint form online and fill it out. The format is kinda different than the petition letters. Well, we managed to put info into that form.

Yesterday, we went to federal court to file the case and get the summons with seal. Today, I personally served local US attorney's office and mailed out copies to US attorney General and all the defendents.

I am waiting for the return receipts back and ready to file them with "return of services" form back to court. Since I have already received the signature from local US attorney's office, the clock starts ticking! (May 09, 2006)

Thank you very much for all the people on this forum, without the inspiration, we would never have the courage to fight.

 

[delfo]

My story

My story is very similar to the story of many people that are currently active or were active in this thread. Our common problem: an unacceptable delay in our application due to FBI name checks. By writing my story here my goal is to thank the people that helped me either directly or indirectly, and to tell the people who are still waiting that there is hope.

There is hope indeed. I applied for naturalization on October 2003. I got my fingerprints taken on February 2004, and I was pleasantly surprised to be scheduled for an interview as May 2004. Until that point all had gone well. And then, at the end of the interview, I got the same note many others have gotten. "...we cannot make a decision about your case because of pending background checks". The interviewing officer told me she expected my background checks to complete in no more than 4 months.

Time started to go by. And every 6 weeks I went to the immigration office in San Francisco to ask about the status of my case, and every time I got the same response: "still pending", "keep waiting", "there is nothing we can do", "keep waiting", "it is the FBI's fault", "keep waiting", etc. I want to thank every officer in the San Francisco office who was friendly and helpful to me. In the same token, I want to say there was one officer (I went through all of them through the years) that was really unfriendly and unhelpful and I really hope nobody, except perhaps her psyquiatrist, has to deal with her.

I eventually hired a lawyer who knew nothing but I thought maybe if a lawyer sent an inquiry letter he would get some answer beyond what I was getting. He charged me $900 for the inquiry and for asking the USCIS (ex INS) for my file. The inquiries (there were several) were never answered but one page from my file was very helpful. In that page, it said the USCIS had sent the FBI my name check request in November of 2003, just a month after my application.

One day after going for the nth time to the San Francisco USCIS office and receiving the usual response, I was feeling down and I decided to search the net for hours looking for something to cheer me up. What I found was this page, this forum, and hope.

I followed the posts through the years, especially Publicus'. He was my hope... I thought if he made it I could make it too, and he made it. Publicus, whoever you are, I thank you from the bottom of my heart. You were my main inspiration, the living proof I needed to convince myself one day I would become a citizen. Posts from other people also helped, a lot, and I thank each and every single once of them.

I read, I read, and I read. I knew exactly what I needed to do. I knew the law I had to use (USC 1447(b)), the defendants I should have, where to file, the whole process, and even example filings... but I was afraid to start. I was afraid there would be something that I didn't know, some technicality. I was also worried my very busy study-work schedule would not let me analyze each step clearly and react in a timely manner.

I was re-reading one of the sample demands posted in this thread to use as a template when I realized the lawyer who had taken care of the case was from San Francisco. I went to PACER and I searched for other cases by the same lawyer. I found that he had done several USC 1447(b) cases and that he had more pending, so I gave him a call and told him that, even though I could do this myself, I would be interested in knowing how much he would charge me for taking care of it.

What I liked about Justin X. Wang was that he never told me I needed him for anything. He confirmed I could do it myself, but that he was willing to do it if I wanted. It was not cheap, but he broke it down for me into several stages. He would charge me an initial amount for filing the case, and only charge me more if he had to do "discovery" and attend the initial meeting with the judge (case management conference). I knew from this thread that most cases end before discovery because FBI + USCIS get their act together, so I accepted and the next day, April 7th, 2006, Mr. Wang filed my case.

Last Thursday (May 4th, 2006) Mr. Wang called me. "Congratulations", he said, "USCIS has adjudicated your case. Your Oath will be next Tuesday". And so Today, May 9th, 2006, I became a US citizen!!!!!!!!!

To all of those who are still waiting, I urge you to act, to follow the excellent advice in this thread and fight for what is yours, your US citizenship. Don't wait, I wish I had not waited so long. Good luck to all of you, don't give up the hope.

-me

PS: If you are interested in talking with the lawyer I used (once again I firmly believe you can do this without a lawyer), his name is Justin X. Wang and his number is (415) 576-9923.

 

[RealSuperK]

Alright...

60 days have passed since I filed my complaint without any response from AUSA. I absolutely expected to have something in the mail today (whether it's a request for an extension or denial of all wrongdoing). Has anybody here run into this? If I file a motion for default judgement, what should I expect?

My case is getting more and more bizarre as we speak....

 

[tsa3400]

After giving these sons of bitches(USCIS) 60 days on top of the first 60 day filing period and then till May 10th, this is what they(USCIS) came up with and what the DA had to write back as an Answer to the Complaint, this is after I was interviewd. Although my fingerprints are dure on May 16th but that is not the point they had 60 days from Feb27 till April27th and they did not comply with the law and they setup my interview for May 1st. According to me any court will look at this and say they have broken the law especially since I gave them another 60 days extention from the 1st filing on Dec 27th of 05. So now I go to court and fuck them up. But I'm curious why the DA worded this stuff like this when he sounded like he was playing the devils advocate and was upset at USCIS also for not complying. After I read the Answer, and I confronted him with what he filed and the words he used. He said don't worry this is so that I can still keep this case alive and we can meet with the Judge, I find this really fucking weird. Now he is taking their side ? Anyways, well see what happens

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
)
XXXXX XXXXX XXXX, )
Plaintiff, ))
v. )
)
MICHAEL CHERTOFF, AS SECRETARY )
OF THE DEPARTMENT OF HOMELAND )
SECURITY; EDUARDO AGUIRRE, )
DIRECTOR OF U.S. CITIZEN AND )
IMMIGRATION SERVICES; ROBERT )
S. MULLER, DIRECTOR OF FEDERAL )
BUREAU OF INVESTIGATION, )
Defendants. )
)
DEFENDANTS’ ASSENTED TO MOTION TO ENLARGE THE TIME
TO ANSWER OR OTHERWISE RESPOND
The defendants in the above-captioned matter, by their
attorney, Michael J. Sullivan, United States Attorney for the
District of Massachusetts, respond to the corresponding numbered
paragraphs of the plaintiff’s complaint, upon information and
belief, as follows:
1. Paragraph 1 of the plaintiff’s complaint states a conclusion
of law to which no response is necessary. In as far as this
Court determines that a response is necessary, the
defendants deny same.
2. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
3. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
4. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
5. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
6. Paragraph 6 of the plaintiff’s complaint states a conclusion
of law to which no response is necessary. In as far as this
Court determines that a response is necessary, the
defendants deny same.
7. Paragraph 7 of the plaintiff’s complaint states a conclusion
of law to which no response is necessary. In as far as this
Court determines that a response is necessary, the
defendants deny same.
8. The defendants deny the allegations contained in paragraph 8
of the plaintiff’s complaint.
9. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
10. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
11. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
12. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
13. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
14. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
15. The defendants are without sufficient knowledge or
information to form a belief as to the truth of the
allegations contained in paragraph 15 of the plaintiff’s
complaint.
16. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
17. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
18. The defendants admit the allegations contained in the first
sentence of paragraph 18 of the plaintiff’s complaint and
deny the remaining allegations of said paragraph.
19. The defendants are without sufficient knowledge or
information to form a belief as to the truth of the
allegations contained in paragraph 19 of the plaintiff’s
complaint.
20. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
21. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
22. The defendants are without sufficient knowledge or
information to form a belief as to the truth of the
allegations contained in paragraph 22 of the plaintiff’s
complaint.
23. The defendants are without sufficient knowledge or
information to form a belief as to the truth of the
allegations contained in paragraph 23 of the plaintiff’s
complaint.
24. The defendants are without sufficient knowledge or
information to form a belief as to the truth of the
allegations contained in paragraph 24 of the plaintiff’s
complaint.
25. The defendants admit the allegations contained in the first
two sentences of paragraph 24 of the plaintiff’s complaint
and deny the remaining allegations of said paragraph.
26. The defendants are without sufficient knowledge or
information to form a belief as to the truth of the
allegations contained in paragraph 26 of the plaintiff’s
complaint.
27. The defendants are without sufficient knowledge or
information to form a belief as to the truth of the
allegations contained in paragraph 27 of the plaintiff’s
complaint.
28. The defendants are without sufficient knowledge or
information to form a belief as to the truth of the
allegations contained in paragraph 28 of the plaintiff’s
complaint.
29. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
30. The defendants are without sufficient knowledge or
information to form a belief as to the truth of the
allegations contained in paragraph 30 of the plaintiff’s
complaint.
31. The defendants deny the allegations contained in paragraph
of the plaintiff’s complaint.
32. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
33. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
34. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
35. The defendants admit the allegations contained in paragraph
of the plaintiff’s complaint.
36. Paragraph 36 of the plaintiff’s complaint states a
conclusion of law to which no response is necessary. In as
far as this Court determines that a response is necessary,
the defendants deny same.
37. Paragraph 37 of the plaintiff’s complaint contains a prayer
for relief to which no response is necessary. In as far as
this Court determines that a response is necessary, the
defendants deny same.
AFFIRMATIVE DEFENSES
First Affirmative Defense
The defendants are under no obligation to grant the
plaintiff’s petition.
Second Affirmative Defense
Any and all actions taken regarding the plaintiff’s
application were reasonable and based on proper exercise of sound
discretion in light of all the circumstances and were based on
the record before the agency.



Third Affirmative Defense
The defendants acted at all times in accordance with the
procedures required by law, rule, and regulation.
Fourth Affirmative Defense
The plaintiff has not shown a clear right to the relief
sought or a duty on the part of the defendants.
Fifth Affirmative Defense
The plaintiff has failed to state a claim upon which relief
can be granted.

WHEREFORE, having fully responded to the plaintiff’s
complaint, the defendants pray that:
1. The plaintiff takes nothing by way of his complaint in
this action;
2. The action be dismissed with prejudice; and
3. The Court grant such other relief as it deems
appropriate.
Respectfully submitted,
UNITED STATES OF AMERICA
By its attorney,

 

[mohamedmohamed]

I have won my case, they cleared my name check on May 2nd 2006 and my oath is MAy 18th at 8:30 am in San Jose, CA.....thank you everybody.

one more winner, you desrve it too, god luck
by the way i just rememebred this, in a momo from the USCIS ( nj office) said that one of the cases your name check should be expedted is "pending law suit in the federal court" write of mandamus, so techenically every one who file is supposed to get his/her namcheck expedited.
i called the US attorney today to find out who is assigned to my case, he vas polite, was telling me about the different stage, and i just played like i dont know, then he said "i hop the case will be finished before we go through all these, i hop that the FBI will do therir job"
i felt like if he have at least a good understanding of the issue, if not sympathy, so i was releived, i was goign to go through hell, if he was one of the other jerks, who try to tell you they can deny your case, or that you will loose or any of that crap, so my guess is they are really trying to finish it up.

 

[Mr LA]

one more winner, you desrve it too, god luck
by the way i just rememebred this, in a momo from the USCIS ( nj office) said that one of the cases your name check should be expedted is "pending law suit in the federal court" write of mandamus, so techenically every one who file is supposed to get his/her namcheck expedited.
i called the US attorney today to find out who is assigned to my case, he vas polite, was telling me about the different stage, and i just played like i dont know, then he said "i hop the case will be finished before we go through all these, i hop that the FBI will do therir job"
i felt like if he have at least a good understanding of the issue, if not sympathy, so i was releived, i was goign to go through hell, if he was one of the other jerks, who try to tell you they can deny your case, or that you will loose or any of that crap, so my guess is they are really trying to finish it up.

You are right ...

 

[Mr LA]

one more winner, you desrve it too, god luck
by the way i just rememebred this, in a momo from the USCIS ( nj office) said that one of the cases your name check should be expedted is "pending law suit in the federal court" write of mandamus, so techenically every one who file is supposed to get his/her namcheck expedited.
i called the US attorney today to find out who is assigned to my case, he vas polite, was telling me about the different stage, and i just played like i dont know, then he said "i hop the case will be finished before we go through all these, i hop that the FBI will do therir job"
i felt like if he have at least a good understanding of the issue, if not sympathy, so i was releived, i was goign to go through hell, if he was one of the other jerks, who try to tell you they can deny your case, or that you will loose or any of that crap, so my guess is they are really trying to finish it up.

Sallam Mohamed,
brother, who did you name as Defendant(s) ?

 

[mohamedmohamed]

Alright...

60 days have passed since I filed my complaint without any response from AUSA. I absolutely expected to have something in the mail today (whether it's a request for an extension or denial of all wrongdoing). Has anybody here run into this? If I file a motion for default judgement, what should I expect?

My case is getting more and more bizarre as we speak....

it is very interesting what happens, it is probably too late now to ask for default judgement.
if you have filed that motion befor they answer ,or request the extention, it is 99 % win cases.
on the good side, you can use the same thing against them, by writing tocourt, that this proof what kind of work they do, and the fact that they never do it in the time where they suppose to, exactly like whats happen to your immigration petition which still pending, and start to convince the court that they have abosolutely no knowldge, or awarness of what time mean, even when it is something required by the court.
i think that will make your cases stronger, and their deffense is at least weaker if not embarassing.
and yes ( not a professional experience) i think you still can ask for the default judgement , the worst that could happen , is they will have to write to the court, and find some other excuse, but all of that will corner them in a very narrow angel, and will show the court who is playing, so when it id time for ruling, they will not look anybetter, if was in your shoose that what i would do, and i will describe their move a stunt to mislead the court, and avoid to answer in the specified time period.
in breif, i think that they might have served you better this way, just be sure to milk as much as you can.

 

[mohamedmohamed]

Sallam Mohamed,
brother, who did you name as Defendant(s) ?

just the dHS and uscis
secretary chertodd
uscis director
local uscis office director
no matter how you approach it it, at the end i think it is teh samethim, you can stetch the list as far as attorney general, and the FBI, if you like, but i just took like am only dealing with teh uSCIS, the rest is their work, they should do it, and follow it , and make sure it is done, i didnt want to do their work for them by following the FBI, and knowing that the fBI can finish any name check if the uscis requre that, it is really doesnt make much difference they to name them as deffendents, but it doesnt hurt either, so it is discteretional or optional, but as a general rule, the more diffendents you name, it is always better.
on the other side, make sure you have a solid argument of anythign you writ in your complaint, that what ultimately is going to be discussed, it is like your declaration, so make sure you can step up to anything you include in it.
by the way egyptiancastel, do you know if the FBI can expedite 50 names , is it per district, or state, or just 50 name eriod?

 

[mohamedmohamed]

After giving these sons of bitches(USCIS) 60 days on top of the first 60 day filing period and then till May 10th, this is what they(USCIS) came up with and what the DA had to write back as an Answer to the Complaint, this is after I was interviewd. Although my fingerprints are dure on May 16th but that is not the point they had 60 days from Feb27 till April27th and they did not comply with the law and they setup my interview for May 1st. According to me any court will look at this and say they have broken the law especially since I gave them another 60 days extention from the 1st filing on Dec 27th of 05. So now I go to court and fuck them up. But I'm curious why the DA worded this stuff like this when he sounded like he was playing the devils advocate and was upset at USCIS also for not complying. After I read the Answer, and I confronted him with what he filed and the words he used. He said don't worry this is so that I can still keep this case alive and we can meet with the Judge, I find this really fucking weird. Now he is taking their side ? Anyways, well see what happens


By its attorney,

i think they have a bigger problem to warry about, if they didnt satisfy the court order, if i remember correctly , the court have already ordered them to adjudicate your case in a detemined period of time, if they refuse to do that, they should be in some really, i mean really deap shit.

 

[bashar82]

I have won my case, they cleared my name check on May 2nd 2006 and my oath is MAy 18th at 8:30 am in San Jose, CA.....thank you everybody.

Congratulations!!!

 

[ournyla]

filing Experience

Hi everyone,

I filed 1447 (b) today, it was 126th day since examination. It was fast in houston (Souther District of Texas). I made 7 copies of complaint 5 for each defendent 1 for court and 1 for US Attorney. Court clerk was fast she did everything in 15 minutes.

Then I sent certified mail to all defendent with one copy of summon. To US attorney, a copy of complaint, and summon for the five defendent.

I guess now I have to wait and see.