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

Haddy Congrats !

Haddy:

Your courageous action finally got rewarded. Enthusiastic congratulations !

Please do come back and share.

GrassRoot
 
We need some advise

Hello Everyone,
Your stories have inspired my husband and I to file a compliant in the federal courts of Texas. However, we have been told that the courts in Texas tend to dismiss the cases. Has anyone had a sucessful case complaints in the North Texas Area. If so, we desperately need your advise and welcome any suggestions for others who have been through this already. This waiting of getting a response from the USCIS has made it extremely tough for the entire family. Literally, this wait has tested the true meaning for better and through worse.
Deperate Housewife in Texas
 
Congrats Haddy,

See, you did it, that's all it counts! You made the USCIS work on your case, winning the law suit was never your goal, but get your case approved is!

Great job, well done.
 
happyball for WOM

Congratulation to you both, could you please send me copy of ur WOM, remove ur personal information. This will be big help for me. As for as dismisal i do have format. But its better to file it jointly ask AUSA for this option. Its easier and u don;t have to worry about anything I did this for 1447(b) for citizenship.
I need WOM format that u filled to file WOM for my brother.

Thanks
 
I am also confused with all the mailing addresses. I got his address from the forum as folows:

Emilio T. Gonzalez, Director of USCIS
Department of Homeland Security
U.S. Citizenship and Immigration Services
Washington, DC 20258


jzdc said:
I haven't served him yet but had the same question. Here is the reply I got
yesterday.

Emilio T. Gonzalez, Director of USCIS
Office of the Chief Counsel
U.S. Citizenship and Immigration Services (USCIS)
20 Massachusetts Ave, NW, Rm 4025
Washington, DC 20529
Click to expand...
 
Mailing Addresses

All My Friends:

I am also considering filing such a case. Like you, I am getting confused with mailing addresses of these high officers. How can we guarantee that the summons are received and read by them? Shall we indicate on the envelop that this is a summon? Could any of you post a sample filled summons?

Thanks from Texas!
 
Essential to sue FBI?

My lawyer filed the suit in NJ. I checked on PACER and surprisingly, he just sued USCIS and NJ District Director and NOT FBI and DHS. Is it okay?
 
For 1447b cases, you do not need lots of exhibits just include form N652 (form handed by interviewing officer stating name check is pending), any inquiry done against name check clearance.
Click to expand...
 
simple_guy said:
Hi All, I am new to this forum and was wondering if anybody has filed any 1447b case in Eastern District of Michigan (Detroit). My 120 days are going to be completed on Oct 22 and i am considering filing 1447b on Oct 31. I searched pacer and couldn't find any 1447b case in eastern district of michigan.
Click to expand...


My 120 days are over in mid Sept. Coming week I'm going for an Infopass and then I will be filling pretty soon may be in a week or so. Won’t make any difference anyone filed or not. :D
 
My attorney did included FBI in the compliant. I don't know f it is just the lawyer's style of handling the compliant. I do recall that someone on the forum did not include the FBI so that the US Attorney use this against him. Well, it is not a big deal, but you might want to check with your lawyer to express your concern. Hope it helps.

Jack

khalafah2000 said:
My lawyer filed the suit in NJ. I checked on PACER and surprisingly, he just sued USCIS and NJ District Director and NOT FBI and DHS. Is it okay?
Click to expand...
 
Happyball, congrats! BUT

happyball said:
As I mentioned before, I with my husband filed WOM on 08/30/06. DA received the Complaints on 09/18/06. Because both of us received the GC on 10/03/06, we need to dismiss our case (about 43 days left). Here are my questions:

1. Do I need contact the DA who is handling our case before dismissing? And whether I with my husband should file the Motion to Dismiss together with DA? I think I and my husband can dismiss the case by ourselves, right?

2. Whether I still need say something like “DISMISSED without prejudice”? What basic thing I should mention in the Motion to Dismiss? Any suggestions?

3. I would be appreciate very much if you could provide a sample of Motion to Dismiss to me.


Thank you so much for your response!
Click to expand...

WHY do you even worry about dismissing the case? Unlike the situations where cases must be dismissed first before approval, you already got your card/approval, those a$$es have caused enough trouble for you, let them worroy about dismissing the case. So just sit back and relax :D

Balto
 
khalafah2000 said:
My lawyer filed the suit in NJ. I checked on PACER and surprisingly, he just sued USCIS and NJ District Director and NOT FBI and DHS. Is it okay?
Click to expand...

Hello Mr. khalafah2000,
USCIS comes under DHS, so suing one or both either are fine. As far as FBI concern, all of the posting that I have read saying that it is o.k. to sue them but they are not the direct party. Only one posting said you must sue FBI, that person filed a motion because USCIS was trying to get away by saying that not our fault FBI’s fault because they are not completing name check on time. :rolleyes:
 
Balto said:
WHY do you even worry about dismissing the case? Unlike the situations where cases must be dismissed first before approval, you already got your card/approval, those a$$es have caused enough trouble for you, let them worroy about dismissing the case. So just sit back and relax :D

Balto
Click to expand...


Thanks Balto and TheRock for your respondence. Since 09/27, i feel USCIS want get rid of me as soon as possible, maybe i am too tired and feel the same way now. :D Thanks for your suggestions!

Best wishes!

ps. TheRock, check your PM
 
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786riz said:
Hello Mr. khalafah2000,
USCIS comes under DHS, so suing one or both either are fine. As far as FBI concern, all of the posting that I have read saying that it is o.k. to sue them but they are not the direct party. Only one posting said you must sue FBI, that person filed a motion because USCIS was trying to get away by saying that not our fault FBI’s fault because they are not completing name check on time. :rolleyes:
Click to expand...

My lawyer was an AUSA before(2 times in NY and one time in Florida) and is a very very distinguished lawyer even among the lawyers's community. This is the good part. Bad part is that he is very very hard to reach. You call him, but generally he doesn't respond. My hope is that he knows what he is doing. I will though try to reach him and raise my concerns.
 
Hmmmmmmmm. It is odd. Usually, attorney suppose to reply to his/her customer quickly, because you pay him/her unless he/she is extremely busy. could you talk to his/her assistant or paralegal? Well, since your lawyer has experience as a AUSA, you should be fine. Wish you good luck.

Jack

khalafah2000 said:
My lawyer was an AUSA before(2 times in NY and one time in Florida) and is a very very distinguished lawyer even among the lawyers's community. This is the good part. Bad part is that he is very very hard to reach. You call him, but generally he doesn't respond. My hope is that he knows what he is doing. I will though try to reach him and raise my concerns.
Click to expand...
 
cajack said:
Hmmmmmmmm. It is odd. Usually, attorney suppose to reply to his/her customer quickly, because you pay him/her unless he/she is extremely busy. could you talk to his/her assistant or paralegal? Well, since your lawyer has experience as a AUSA, you should be fine. Wish you good luck.

Jack
Click to expand...


I am 101% agreed with cajack. A good attorney is the one who can be reached easily and answer all of your questions. They are law mafia, they do not care about you, they just care about money. Keep your eyes open and always up to date about your case.
 
Nice

Happy check ur private message.

Also anyone have FBI phone number where we can check the status of Fingerprint. THis is not for me but one of my friend. I am done with this process after filling 1447(b).

ThaNKS ALL
 
Finally...

My naturalization paper work was pending since December 2005 due to name check. I was getting ready to file 1447b next week. But I got a call from
the Washington DO today and I was asked to go for the Oath ceremony next Tuesday. This forum was very helpful to me.
 
TheRock20148 said:
Happy check ur private message.

Also anyone have FBI phone number where we can check the status of Fingerprint. THis is not for me but one of my friend. I am done with this process after filling 1447(b).

ThaNKS ALL
Click to expand...


Here you are:
--------------------------------------------------------
FBI Fingerprint Status (304) 625-2000 and ask for customer retlation
FBI Name Check Status (Main Line) (202) 324-3625
FBI NNCP Public Inquiry Voice Line (202) 324 2399
FBI Name Check Inquiry Fax (202) 324-3367 (Mention Name/DOB/A#/Ph#/Addr#/Email/Fax)
FBI NNCP Analyst Diane Berger – (202) 324 0680 (Do not nag the analysts)
FBI NNCP Supervisor Renee Morton – Call the FBI main line and ask for this person.
FOIPA Contact Person Debbie Beatty (202) 324 6182
FOIPA Fax Inquiry (202)-324-3752
William Hooton – Asst Director RMD Office – (202)-324-7129
---------------------------------------------------------


This is from my Note which is orignal from some person's post in this thread.
 
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