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

[786riz]

Congratulations enjoy the victory. I do not think that immigration move with out your law suit, they must aware of it.
Best wishes

Another case won by the good guys. I have learned so much from this forum, I thought I would share my timeline.

12/27/05 N-400 application
4/13/06 Interview -- name check pending
8/28/06 1447(b) filed, Northern District of New York
10/11/06 phone call from USCIS: name check cleared, and oath ceremony scheduled 11/17

My question: it seems that USCIS is not aware that I had a case pending, and went ahead and adjudicated my application, even though they technically do not have jurisdiction to do so. How do you think I should approach this? just dismiss the case and show up to the oath ceremony?

 

[786riz]

Thank you so much haddy and happyball for this letter. I will be filling my 1447b case pretty soon and will keep this in my pocket for future.

Dear friends,

Happyball has created a beautiful format for all of us... In case any one planning to Dismiss their own case after getting their desired results... before AUSA come up with their own plain language (which I always feel like is saying that there was nothing wrong... USCIS never screwed up... and we fized the problems... Plaintiffs should be thankful)...

anways look at this format and change it to suit your case...

"On DATE, Pro Se Plaintiffs XXX and XXX, filed a complaint for a Writ in the Nature of Mandamus & Declaratory Judgment, seeking adjudication of their applications for adjustment of status (AOS). Their Applications for Adjustment of Status were pending for ## years and ## days. On DATE, our AOS applications were approved. The Defendants were not only able to complete our application processes but also able to send us our I-551 Green Cards within ## days of filing this complaint with this Honorable court. Respectfully, the Defendants only acted after filing this complaint. There was no other remedy available to the Pro Se Plaintiffs. So as the Defendants have acted upon our Prayers we hereby request this honorable court to please dismiss our complaint."

Good Luck.

 

[786riz]

Congratulations enjoy the victory, very quick results.
Best wishes

WOW! Like Happyball said,this is season of SUCCESS!

I got a call from the USCIS this morning, ask me to coming into the office in the afternoon. So I went after lunch, there is a form for me to fill, and they take the green card. After 10 minutes, the director came over and did the oath for me and then handed me the certificate! So 3 days before the deadline, I am a US Citizen

 

[786riz]

I like your spirit hayyyoot, it does not matter how hard time AUSA or judge gave us. Just to be ready for bumps in the ride. Research and look at the other cases, and be ready to file your motions on time. AUSA can give you tough time but can not change the law.
Good luck on your case.

LA Morrocco;
I remember when I read your very first post about a month ago, I have been following this board daily, and saw how informed you became, I see that you just filed your 1447(b) yesterday, I just want to say to you, good luck, be strong, I will follow up your case, I really hope you will get it. You will experience a roller coaster ride of various feelings as little problems rise, and then get solved, keep reading this forum daily, it will calm you down.
Best of luck.
PD: 11/17/2005
Las Vegas Office
ID: 04/21/2006
1447(b) filed: 08/28/2006
USA served: 8/28/06
Rest of defendants served between 8/29/06 and 9/13/06
Answer due: 10/27/06
My Assistant US Attorney is a not so nice person, he agreed to talk to me after I bugged him several times, and he gave me hints that pressing charges will not make any difference in my application.
My judge is very conservative, he once ruled against freedom of speech right, and through a man in jail for criticizing the government and banned his book from sale.
But, I will go till the end, I'd rather try and lose, than take the unjustice in silence and regret later for not trying.
Good luck everybody.

 

[ApplyInDenver]

defendant list

Hello Everybody,

I have a question, rather trivial, but I am getting a bit confused here. I am ready to file my lawsuit and am wondering now about what address I should use for every defendant. I have all the usual suspects listed as defendants.
I would be very grateful if someone can provide me with correct, proven to work, addresses for :
ALBERTO R. GONZALES
MICHAEL CHERTOFF
EMILIO GONZALEZ
DAVID STILL
ROBERT S. MUELLER

Those who have allready filed and sent summons, would you be so kind to list addresses that work. Thanks a lot in advance

Here is the list I used:
1- Alberto Gonzales, United States Attorney General
US Department of Justice
950 Pennsylvania Ave., NW
Washington, D.C. 20530

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

3- Emilio T. Gonzalez, Director of United States Citizenship and Immigration Services
Office of the Chief Counsel
U.S. Citizenship and Immigration Services (USCIS)
20 Massachusetts Ave, NW, Rm 4025
Washington, DC 20529
4- Robert S. Mueller, Director of Federal Bureau of Investigation
Office of the General Counsel of the FBI
J. Edgar Hoover Building
935 Pennsylvania Avenue, NW
Washington, D.C. 20535


I would assume DAVID STILL is the local director, and you should be able to get the address from www.uscis.gov and looking at local offices.

Good luck.

 

[ApplyInDenver]

Venue again

My interview was September 2005, and that's when I got to know that I'm stuck with name check. Waited over a year, not knowing this forum and didn't think about doing much, because I always thought that nothing works with US government other than waiting for the fate to decide.
Now I discovered this forum, which gave me hope, but, I'm assigned to work overseas for my California based employer (still on US payroll though). In this case, it will not help to file the 1447(b), right? All I could do is to wait?

As long as you have had your interview and 120 days has passed, you should be able to file the law suit. The tricky questions is where to file it. 1447(b) says file at where you reside, but if you reside outside of the country, you have to check the Venue requirement. check out 28 U.S.C § 1391.

 

[wenlock]

WOM for N-400 without Interview

OK fellow I am also following this post from long time but I am in little different situation in Naturlization process.

My PD date is June 24 2005
FP Aug 23rd 2005

But no interview yet and upon inquiry same result Name Check pending.

I am planning to file complaint I know I do not qualify for "hearing on natralization" as my interview is not complete.

Only option is to file WOM.

I saw all cases for WOM related to AOS but nothing about N-400 without interview. If you are aware of any please let me know case number.

What do you think about my chances my application is pending for more then 15 months now.
I have no criminal or any trouble with law so I am not worried about any that kind of stuff.

What should I put main points in my compliant under what law should I reference in my complaint.

Here is the documentation I have so far

FOIPA with no-record
Senators's letter stating Name check pending
USCIS response pending background check
2 Infopass
8 Phone calls with tracking numbers and agent IDs with dates
Letters to pretty much every Federal Govt head from white house to DOJ to FBI.

Thanks to all who are helping in this forum and Congrats to all who succeeded.

Thanks
Wenlock

 

[cajack]

Hi:

I am from china as well. When I see your user name, I already figure out that you are chinese. Talking about the lawsuit, I think you might want to talk to a lawyer, because your case is quite special. In most cases, as long as you have a legal representative, such as your attorney, he/she is going to take care everything for you including going to the court if it is necessary. I still think you can file the lawsuit at the california district court of of the area you residing, but I recommand you to talk to a lawyer regarding your current situation to make sure.

You can find a lawyer who has the experience of filing 1447(b) on pacer(http://pacer.psc.uscourts.gov/) in your region. Good luck,

Jack

My interview was September 2005, and that's when I got to know that I'm stuck with name check. Waited over a year, not knowing this forum and didn't think about doing much, because I always thought that nothing works with US government other than waiting for the fate to decide.
Now I discovered this forum, which gave me hope, but, I'm assigned to work overseas for my California based employer (still on US payroll though). In this case, it will not help to file the 1447(b), right? All I could do is to wait?

 

[olegb]

Thanks a lot, ApplyInDenver!
Another silly, but quick questions to all of you guys here.
Can I list all the defendants on ONE summon? or should I prepare ONE for EACH of the defendants? Please advice. What have you guys done? Thank you all in advance

 

[786riz]

Summons

Hi Guys,
I need some help here regarding filling summons.
The summons that I got from my Michigan court, on one side it has summon and other side it has Return of Service form.
The way I understood, if there are 5 defendants I need to fill out five summons, take them to court get case number stamped on them. Now make 3 copies of each summon altogether 15 summons in hand (4 total per defendant, 1original plus 3 copies). Original will go to defendants, left with 3. Five to be submitting to AUSA (one for each defendant) with complain, left with 2. Keep one for my record, left with one. Wait for the delivery confirmation, when confirmed, fill out the back of the each summon (last once), which is return of service (total 5, one per defendant) make two copies (total 3, 1 original 2 copies). Submit original to the court, file one copy to AUSA and keep one for your record.
A quick response would be greatly appreciated.
Thank you and have a good one.

 

[rob waiter]

as long as haigui makes CA
as his/her permanent base
(e.g. pay local taxes),
the venue through a CA court
is proper in my opinion.

As long as you have had your interview and 120 days has passed, you should be able to file the law suit. The tricky questions is where to file it. 1447(b) says file at where you reside, but if you reside outside of the country, you have to check the Venue requirement. check out 28 U.S.C § 1391.

 

[ZUR]

Sample 8 USC 1447 (b) and Writ of Mandamu

Does any one have a good example petition for naturalization filed under both 8 USC 1447(b) and Write of Mandamus. Also, can any one comment on benefit of filing under both?

Here is a nice sample for you. This sample is posted on this thread some pages back.

Benefits of filing under both:

Some AUSA have argued 120 days start after all the background checks are complete. That is why you will see some attorneys will not file for you under 1447 (b) because there is a chance that they may loose. However, the same attorney will file writ of mandamus for you. (This was said to me by my attorney that he can file writ of mandamus but not 1447 (b)).

Now, if you file writ of mandamus only, there is chance that USCIS may deny your application. While under 8 USC 1447 (b), USCIS looses jurisdiction.

So, filing under both you have win win situation. If USCIS denies your application, you can fall back on 8 USC 1447 (b) to say that USCIS does not have jurisdiction on your case to make any decision. On the other hand, if AUSA file a motion, as they have done on many cases, that 120 days start after getting all background info done, then you can fall back on writ of mandamus stating that all Govt. agencies have duties to finish their job in time. Specially under APA, they have been paid by you to complete the job in a time effective manner.

 

[Bushmaster]

I have a question, say we filed the lawsuit, and USCIS seems to be cooperating and promises the judge to finish the case, so judge remands the case back, and once they get the jurisdiction back from the court, they deny my application, what can be done?

 

[Bushmaster]

Some AUSA have argued 120 days start after all the background checks are complete.

But you know that in 9th circuit, that claim was dismissed. The language of the law is simple, ALL BACKGROUND CHECKS are not INITIAL EXAMINATION!!! So they are screwed on many grounds.

 

[Haddy]

Congratulations!!!

WOW! Like Happyball said,this is season of SUCCESS!

I got a call from the USCIS this morning, ask me to coming into the office in the afternoon. So I went after lunch, there is a form for me to fill, and they take the green card. After 10 minutes, the director came over and did the oath for me and then handed me the certificate! So 3 days before the deadline, I am a US Citizen

Dear Apply In Denver,

Now that is some moving USCIS did... Very Very Congratulations... I think may be USCIS are catching up with their Lawsuits backlog...

Congratulations... You deserve this success...

 

[junhuaw]

I got the same response from FBI (sent to First Lady 2 months ago), except that my name check is still pending while spouse's cleared in april. Our name check started in 12/2003!

Anyway now I am just waiting for responses.

Haddy, you are really gentleman! The copyright of this format is yours! Thank you very much for your new version. I like it!

There is a interesting thing I would like to share with all the friends here. Finally I recieved a letter dated 10/05/06 from FBI today. And inform me they recived my letter which directed to first Lady, was forward to the Dept of Justice and subsequently to the FBI (I mail this letter to first lady in August, 2006 and first lady is really working hard to forward our letter to FBI) and tell me the status of my and my spouse's name check: Both namecheck requests were recieved on 01/22/05. My name check was finalized on 09/14/06 and my spouse's name check was finalized on 09/15/06. Both results were forwarded to the USCIS Headquarter, Washington D.C. Compare to my timeline (including the timeline in my signature):

Person served------C & S Delivered
US Attorney General------09/10/06
Secretary of the DHS------09/11/06
Director of USCIS, DHS------09/11/06
Director of FBI------09/11/06
Acting Director of USCIS CSC-----09/06/06

DA------09/06/06(not properly serviced)
---------09/18/06

I have more clear picture for my case now. I think I really did the right thing: file the lawsuit. Hope this information is helpful to all the friends who are still fighting or preparing to fight.


Best wishes!

 

[DelightFish]

return of service

Hi junhuaw,

I am also waiting for the WOM results. We submitted the WOM at the same day 10/10.

When are you going to file the return of service? I am thinking to wait until I get all the green confirmation card. How are about you?

In addition, it seems that in my district court, I have to submit another one file called 'certificate of intertested parites'. Do you need to file this certificate of interested parties in your district court?

Thanks and good luck to us!

I got the same response from FBI (sent to First Lady 2 months ago), except that my name check is still pending while spouse's cleared in april. Our name check started in 12/2003!

Anyway now I am just waiting for responses.

 

[Haddy]

Dear Doc

I feel so excited for all of you guys, for some reason I feel that everyone on this forum is like a family member.
Apply in Denver, Boston case, Haddy, Happy, naelag and all others many heart-felt congratulations, time to enjoy life without USCIS in the back of your mind all the time. Now that you are citizens please remember to VOTE in every election for those who are immigrant friendly representatives. Remeber to oust those congressmen and senators who just ignored your requests for help, and remember to check on us, poor name check slaves, from time to time.

Dear ICU Doc,

I like your name. by the way I am not Naturalization case. I was Green Card case and was stuck in name check. Most of are staying here... Don't worry at all... and when the time comes and write your success story... we'll be here congratulating you...

But first of all I like to congratulate you for finding us finding this site and taking a bold step against these USCIS @$$e$...

Good Luck...

 

[LAmorocco]

Hi Guys,
I need some help here regarding filling summons.
The summons that I got from my Michigan court, on one side it has summon and other side it has Return of Service form.
The way I understood, if there are 5 defendants I need to fill out five summons, take them to court get case number stamped on them. Now make 3 copies of each summon altogether 15 summons in hand (4 total per defendant, 1original plus 3 copies). Original will go to defendants,

Wrong. The original will be sent to court once you received the return receipt.
In my case, I took 6 summons to court (original). The clerk stamped them all and made one copy of each. She also stamped the copy. She said to mail copy to defendant and keep original that should be mailed to court with return receipt.
Cheers

 

[DelightFish]

summons

I think different district court has different rules. In my district court, the clerk asked me to send out the original ones to the defendents and he himself made a copy for each of them. As for the return of service, he said I need to bring back later.

It is better to call the district court and find out.

Wrong. The original will be sent to court once you received the return receipt.
In my case, I took 6 summons to court (original). The clerk stamped them all and made one copy of each. She also stamped the copy. She said to mail copy to defendant and keep original that should be mailed to court with return receipt.
Cheers