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

[lpr208]

Hi All,

I had my N-400 interview couple of weeks back. The interview officer told me since my background check is still pending, a decision cannot be made at this time. My question is: Is the background check same as name check or are these two different things?
Any insight will be very helpful. Thanks.

 

[lotechguy]

Hi All,

I had my N-400 interview couple of weeks back. The interview officer told me since my background check is still pending, a decision cannot be made at this time. My question is: Is the background check same as name check or are these two different things?
Any insight will be very helpful. Thanks.

Same thing. Take an infopass and ask them. They will tell you for sure.

 

[Haddy]

Dear Oceanside

Just received the following email:

"Application Type: I485 , Application to Register Permanent Residence or to Adjust Status

Current Status:

On October 10, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.

National Customer Service Center (800) 375-5283."

In my case, the AUSA is threatening to dismiss my case due to lack of venue (I live in San Diego however my application was filed with NSC); however, before she actually files the motion, FBI and CIS acted upon the receipt of the complaint (I guess). The lesson to learn is to file the lawsuit as soon as you can and don't waste a single minute! I happened to have a tough AUSA. I called her a couple times and she insisted to dismiss my case and told me she's too busy to talk to USCIS and FBI. But still I got the results I want. I feel relieved now after a bumpy long journey. I really appreciate this thread and all the friends for the kind suggests, comforts, and support! Without you I would be still waiting for USCIS and FBI's mercy! Thanks again, and wish everybody the best!

Dear Oceanside

CONGRATULATIONS!!! I am sure it feels really good... I am telling every one don;t spare USCIS... unless we all file lawsuits they will not move... Well Done Oceanside... Now before AUSA dismisses the case... surprise your AUSA by filing motion to dismiss your self... I have posted a Plaintiff's motion to Dismiss earlier... basically you want to make sure that the motion to dismiss states that your case was only approved baucause you filed lawsuit with this honorable case... and as your case is now approved you don;t plan to purue your complaint... just ry to wait for your Greeen Card to come in before you file your motion to dismiss...

Congratulations...

 

[oceanside]

Thanks Haddy

Thanks Haddy. Just had a really nice dinner out tonight with the whole family. I will probably file the motion to dismiss after I receive the cards, as you suggested. Best Regards!

Dear Oceanside

CONGRATULATIONS!!! I am sure it feels really good... I am telling every one don;t spare USCIS... unless we all file lawsuits they will not move... Well Done Oceanside... Now before AUSA dismisses the case... surprise your AUSA by filing motion to dismiss your self... I have posted a Plaintiff's motion to Dismiss earlier... basically you want to make sure that the motion to dismiss states that your case was only approved baucause you filed lawsuit with this honorable case... and as your case is now approved you don;t plan to purue your complaint... just ry to wait for your Greeen Card to come in before you file your motion to dismiss...

Congratulations...

 

[oceanside]

Good luck

Thanks a lot, ro waiter! Best wishes to you and all others in this board!

congrats!

you have got what you well deserve.
so now take a rest and retake on CIS
in 5years-90days!

 

[DelightFish]

Hi oceanside,

Just a quick question. Did your wife (or husband) apply I-485 with you? If so, did you put her in the lawsuit as the plaintiff too? How is going with her I-485.

Thanks

Thanks Haddy. Just had a really nice dinner out tonight with the whole family. I will probably file the motion to dismiss after I receive the cards, as you suggested. Best Regards!

 

[utsapeng]

how to follow up the WOM

we filed WOM on 8/18, almost two months passed, we haven't heard a word from attorney office.

Usually how do you guys contact the Attorney office? My husband called two weeks ago, the person answers the phone call even didn't check the case status for us, just saying they are only responsible for gathering responses. what should we do now?

 

[oceanside]

spouse

I didn't put my spouse as a plaintiff. However, we've both got approved at the same time. I did know from my senator's office that my spouse's name check had been cleared before I filed the lawsuit. If your name checks are both pending, it might be a good idea to put both as plaintiffs, I think. Good luck.

Hi oceanside,

Just a quick question. Did your wife (or husband) apply I-485 with you? If so, did you put her in the lawsuit as the plaintiff too? How is going with her I-485.

Thanks

 

[oceanside]

civil division

What I did is that I called the US attoney's office, and asked for talking with the civil process clerk. She's very nice. After I gave her my name, she told me the AUSA contact info who's assigned to my case. Then I called the AUSA directly. Hope this helps!

we filed WOM on 8/18, almost two months passed, we haven't heard a word from attorney office.

Usually how do you guys contact the Attorney office? My husband called two weeks ago, the person answers the phone call even didn't check the case status for us, just saying they are only responsible for gathering responses. what should we do now?

 

[DelightFish]

Re: spouse

Thank you very much. I understand.

Best regards.

I didn't put my spouse as a plaintiff. However, we've both got approved at the same time. I did know from my senator's office that my spouse's name check had been cleared before I filed the lawsuit. If your name checks are both pending, it might be a good idea to put both as plaintiffs, I think. Good luck.

 

[utsapeng]

Thanks a lot, Oceanside! by the way, what does AUSA stand for?

 

[DelightFish]

Ausa

Ok, this is what I understand:

AUSA stands for Assinstant United State Attorney who is in the district U.S. Attorney office and in charge of your case.

Hope it helps.

Thanks a lot, Oceanside! by the way, what does AUSA stand for?

 

[utsapeng]

Make sense, thanks!

Ok, this is what I understand:

AUSA stands for Assinstant United State Attorney who is in the district U.S. Attorney office and in charge of your case.

Hope it helps.

 

[Haddy]

I got a call from US Attorney and he proposed stipulation to dismiss and ask me, if agreed, to sign and fax back or scan and email back to him.

Here is the stipulation:
-----------------------
Plaintiff, by and through his attorney of record, and defendants, by and through their attorneys of record, hereby stipulate, subject to the approval of the Court, to dismissal of the above-entitled action without prejudice in light of the fact that the United States Citizenship and Immigration Services has agreed to adjudicate the plaintiff's application for naturalization within 30 days.
Each of the parties shall bear their own costs and fees.
------------------------

It take 21 days since the law suit is filed and I did not even contact US atorney yet eventhough I was planning to call him when it is 30 days.
Does any one has suggestions on the content?

Dear Dhua,

Don't file stipulation to dismiss unless you have approval notice and green card in your hands... AUSA is playing tricks to you... ask for the evidence... and even after getting evidence tell AUSA that you can give them extension for 30 days but not dismissal unless has you Green Card or approval notice or naturalization approval notice with oath ceremony date... don't fall into any trap... and be firm but not rude... Good Luck...

 

[khalafah2000]

Please review the attached file. These are about lack of Jurisdiction over 1447b cases. They were disscussed in Michigan federal distric court

wow!!!
judge final order after the motions is just unbelievable, thus giving FBI unlimited time for the clearance.

 

[rob waiter]

ocean,

congrats again. so looking back,
what do you think would be the
last straw that crushed the camel,
given your AUSA was so tough?

Were the summons sent to the
USCIS and FBI doing the tricks??

I just wonder if there is some division
insided CIS or FBI who are handling the lawsuits, even without the calls
from the AUSA.

Gurus, please share your insight or
guesses!

Thanks a lot, ro waiter! Best wishes to you and all others in this board!

 

[dhua]

Dear Dhua,

Don't file stipulation to dismiss unless you have approval notice and green card in your hands... AUSA is playing tricks to you... ask for the evidence... and even after getting evidence tell AUSA that you can give them extension for 30 days but not dismissal unless has you Green Card or approval notice or naturalization approval notice with oath ceremony date... don't fall into any trap... and be firm but not rude... Good Luck...

Thanks Haddy,
My case is 1447b.
As suggested by rob_waiter, I replied the email with the following questions and requests below. I will see what he says.
---------------------------
Hi Mr. Olsen,
Thank you for your help. It is indeed a good news to know my the endless waiting will finally come to the end.
A few questions and requests:
(1) Does the confirmation come from the USCIS?
(2) Could you send me the written confirmation from USCIS?
(2) When did USCIS expedite the FBI name check? Is the result back yet?
(3) Could USCIS adjudicate and schedule the oath day by October 23, 2006? This is the last day to register to vote for November 7th, 2006 election.
(4) I would like to add the following sentence in the stipulation:
The United States Citizenship and Immigration Services will put the plaintiff on the oath calendar date before or up to November 14, 2006. Otherwise, the plaintiff will re-open the case.

Thanks again.

Best regards,
dhua
--------------------

 

[rob waiter]

mr hua,

thanks for sharing. very good answers.

i also wanted to vote for nov elections.....

Thanks Haddy,
My case is 1447b.
As suggested by rob_waiter, I replied the email with the following questions and requests below. I will see what he says.
---------------------------
Hi Mr. Olsen,
Thank you for your help. It is indeed a good news to know my the endless waiting will finally come to the end.
A few questions and requests:
(1) Does the confirmation come from the USCIS?
(2) Could you send me the written confirmation from USCIS?
(2) When did USCIS expedite the FBI name check? Is the result back yet?
(3) Could USCIS adjudicate and schedule the oath day by October 23, 2006? This is the last day to register to vote for November 7th, 2006 election.
(4) I would like to add the following sentence in the stipulation:
The United States Citizenship and Immigration Services will put the plaintiff on the oath calendar date before or up to November 14, 2006. Otherwise, the plaintiff will re-open the case.

Thanks again.

Best regards,
dhua
--------------------

 

[netmn]

I485 case transferred to the local office after WOM

My I485 case was transferred to the local office in San Jose today after I filed WOM lawsuit on Sept 26, 2006. I have never involved in any criminal/unlawful activities either in USA or in China. Can someboy here give me hint what is the reason? How long does it take to complete the process in the local office?

Thanks,

netmn

EB1-b, China
I-485 RD: May 23, 2005
NC: pending since June 1st, 2005
FP: Sep 20, 2005
Lawsuit filed: September 26, 2006
Case transferred to the local office: Oct 12, 2006

 

[LAmorocco]

Can someone leave and go to their native country for an extended period of time while his 1447b case is pending?

My lawyer filed the case on Sep 22, but defendents were served on Oct 03. So if I leave now for around 4/5 months to my native country for family(wife and kids are there) reasons, what would likely happen? Would I be considered abandoning my residency or atleast not very serious about it? It is my understanding that as long as I come back in 6 months, i should be fine, but after the lawsuit, how would it be interpreted? Would the USCIS try to mess up with me?

Khalafah,
Can you postpone your travel? Now, that you're suing and will be spending money on a lawyer, you don't want to screw up your Natz man!
Your leaving the US for several months after filing 1447(b) doesn't look good at all, not only vis-a-vis your lawyer but also thr court handleing your case (if they find out). Can your family come visit instead? or can you go for a shorter period of time?
Good luck