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

dispressmom said:
stoyan79, you might try to contact U.S. attorney via email or phone. The U.S. attorney assigned to my case called me at the due date. It might not be U.S attoney's problem, sometime the USCIS gives answer at the last minute. Good luck.
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Which US Attorney should I call? How do I find their number/email?
 
Balto said:
Well, you got to do what you got to do, man!

Looking at your signature, I felt some A$$ in INS messed up on me again. I filed GC for wife on 8/18/06 and did the FP on 9/13. Then file got transfered to CA office which does not even have jurisdiction on my case, a week later another letter from CA office said the file was sent back to Chicago because they "do not have jurisdiction" -- holly phark! And it's been 3 weeks and no word about the interview. This proves again that these idoits are so capable of pharking up what they are paid to do and no one is held accountable for that. It turns my stomach every time I see them in the news.

Keep me and all of us posted on the GC interview, if you don't mind.

Regards,

Balto
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Yes, good to hear from you as well.

I'm was very relieved for getting the citizenship, cause my wife's H1B was expiring for the second time and there was no chance for renewal again. So a week after the oath we applied for my wife's AOS. Her H1B was expiring a month after the day I did the oath, wooooofff.. that was a close one.

We have an interview for the her green card next month and so far it's been pretty smooth (knock on wood...). The only concern now is that I've noticed alot of waiting on the name checks for the 485 applications after the interview. It seems like they are scheduling the interviews after 3 months of the application and the name checks are taking longer than that.

Worse comes to worse will just sue again.

The other concern that I had is that an acquantaince had mentioned that it wasn't a good idea to sue the govt if you wanted to get a federal job. The thing is that i might be needing a govt clearance for a current federal contract job and concerned that will affect it. I hope it doesn't and is just something he said out of ignorance, but I can't be 100% sure.

In regards to your wife's application, what a hassle man... For some reason that doesn't surprise me. But hope for the best and don't let it stress you too much. Let's hope it works out smoothly from now on.

For me as long as my wife can go back to work and get her employment permit should be sufficient for me at this point. For some reason just cause we got the interview date doesn't give us too much excitement anymore, if you know what I mean
 
ApplyInDenver said:
The district court decides how long the defendants have to respond.
Here it is 20 days for private parties and 60 days for government agencies.
Don't ask me why
:rolleyes:
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The reference to 20 or 60 days comes from "Federal Rules of Civil Procedure". It's a federal law to give government 60 days to response.
 
gzmbk1 said:
Yes, good to hear from you as well.

--------
For some reason just cause we got the interview date doesn't give us too much excitement anymore, if you know what I mean
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Speaking of the devil, after I posted the message here yesterday, I got home and there in the mailbox was the interview letter :rolleyes: , I know exactly what you mean there, really not so much excitment at all. All we ask is that they do their damn job, and more than often, they fail.

Good luck to you and all!

Balto
 
Haddy said:
Dear GC Target,

I have moved to TX but yes I did file in MN. Have you already filed? If not before you file, if you can PM me your complaint and I will like to make sure that you don't make those mistakes I made. If you have already filed then who is AUSA assigned to you?

Here is the link to Pro Se Package for MN:

http://www.mnd.uscourts.gov/local_rules/2005/local_rules.pdf

Good Luck
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Thanks Haddy. I have yet to file it and I am in the middle of preparing my complaint. Any help in this regard in advance (template/copy of your complaint, guidance to avoid mistakes etc.) would be highly appreciated. Please do PM me and I'll do the same. Thanks a lot once again and keep doing the great work...!!!
 
how long does it take for the 1447b lawsuit?

How long does it take for the 1447b lawsuit to conclude in general? I have seen few getting concluded in around two months and then few which just keeps on going for more than six months? Is there some general timeline?
My wife case depends on my citizenship, so I am kind of very anxious.

Any anyone seen a case where ultimately judge remanded the case back to USCIS without any timeline and hence it never got concluded?

One thing, I don't understand is that why cant' the same court consolidate all 1447b cases and decide all of them together. The facts are identical in all the cases and no triable facts are present in any case. Why on the earth, for most cases, AUSA files the motion to dismiss with the same crap, court dismisses it with the same argument and somewhere in between, USCIS naturalize the plaintiff. Isn't it sick? Then the district court in other states hears the same kind of arguments for its 1447b cases and judges and AUSAs waste tax payer money on USCIS incompentency. Don't they have anything better to do? No wonder why taxes are so high.
 
Sample of the letter filed at court

Hi aka808,
Could you please share the letter you filed at court.
Thank you so much.


aka808 said:
The time to respond for the AUSA and all defendants ended on Oct 2nd. I sent a few email queries to the AUSA's office but no response. Today i filed a letter with the court, stating that despite my numerous queries and the time to respond had expired but i had yet to hear from the defendants.
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Hi stoyan79,
You either can call court clerk and asked them for the AUSA phone number, call the AUSA office and find out who is assigned to your case or look into pacer for recent cases filled under 1447b.

stoyan79 said:
Which US Attorney should I call? How do I find their number/email?
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S. Tx some hope 1446b

You should go to the summary section of lawsuit it keep charts of some of
the ongoing lawsuit on this forum and there are about 80 of them with a
90% success rate for 1447b lawsuit.

For those who file in Houston Texas or district with AUSA/Judges who are pain in the ass.

I can say there is relief besides class action. Cases are denied hearing based
on these factor the judge, the US attorney and USCIS director and your filing.
Knowing how the judge rule is key. Judge are appointed cases on a monthly
rotation and you can search pacer case from their previously ruling. This
take the guess work out getting a bad judge or good one.

All these factor will contribute to the success or failure of your petition.

I got judge Sims Lake ---the Enron Judge and
I am sure my AUSA will want to work more diligently on this case.

Hope this will help.





khalafah2000 said:
How long does it take for the 1447b lawsuit to conclude in general? I have seen few getting concluded in around two months and then few which just keeps on going for more than six months? Is there some general timeline?
My wife case depends on my citizenship, so I am kind of very anxious.

Any anyone seen a case where ultimately judge remanded the case back to USCIS without any timeline and hence it never got concluded?

One thing, I don't understand is that why cant' the same court consolidate all 1447b cases and decide all of them together. The facts are identical in all the cases and no triable facts are present in any case. Why on the earth, for most cases, AUSA files the motion to dismiss with the same crap, court dismisses it with the same argument and somewhere in between, USCIS naturalize the plaintiff. Isn't it sick? Then the district court in other states hears the same kind of arguments for its 1447b cases and judges and AUSAs waste tax payer money on USCIS incompentency. Don't they have anything better to do? No wonder why taxes are so high.
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Haddy said:
Dear Dhua,

This is good. You did good. Don;t sign any dismissal stipulation unless they give you your Oath and/or Naturalization certificate. They can do any thing if they want to. You have to be firm without being rude which I am sure you are not. The AUSA is still passing time. He could easily pick up the phone and tell USCIS district director what to do. Like we all know they all are friends and want good word with each other. So just play clever. If he says anything about dismissing, say NO, BUT CAN GIVE 1-2 WEEKS EXTENSION TO FINISH OATH SO THAT YOU CAN REGISTER FOR VOTE AND VOTe IN THESE ELECTIONS.

Good Luck,
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I called the national service phone inquiry today (1-800-375-5283). After waiting for 40+ minutes as usual, I talked to an officer and ask him about my application status. He told me an oath letter is sent out today and I should get it in two weeks. He did not tell me when the exactly oath day is but it should be someday in the 2nd week of November. This is the second source beside ASUA to confirm my case is moving one more step.
It will pass the election registration deadline (in a week) but I am ok with it. I may pushed too hard for them anyway. If thing goes well, I will be naturalized before ASUS' answer due and I will file motion to dismiss right then.
 
WOM case filed the District of Massachusetts-UPDATE

I filed my WOM on Oct. 3, 2006 in the District of Massachusetts for my pending I485 case. I have not yet filed the return of service with court. All defendents got my Fedex. Today, I got a mail from United states Attorney's offcie to inform me that Mr. Michael Sady will apppear as counsel for the defendents. Has anyone here dealt with him before? Should I contact him now?

Thanks!



I485 EB2
PD 07/2001
RD I485 10/2004
 
Hi khalafah,
I understand your nuisance but there is no other choice. Even if its take 2, 4 or 6 months with 1447b but still better then not filing and then wait for several years. I have seen so many folks on this thread who waited for years and when they filed they got the citizenship. I am also losing so much by not having citizenship but this is not in my hand, getting mad won’t help. Therefore my suggestion is not to worry how long it will take, just make up your mind and file. Just for your info in my area 6th district court (Michigan), in all of the cases all the judges are telling the USCIS to expedite the process but not giving any specific date. Nevertheless, this kind of verdict won’t stop me to file my 1447b.
Good luck in future.


khalafah2000 said:
How long does it take for the 1447b lawsuit to conclude in general? I have seen few getting concluded in around two months and then few which just keeps on going for more than six months? Is there some general timeline?
My wife case depends on my citizenship, so I am kind of very anxious.

Any anyone seen a case where ultimately judge remanded the case back to USCIS without any timeline and hence it never got concluded?

One thing, I don't understand is that why cant' the same court consolidate all 1447b cases and decide all of them together. The facts are identical in all the cases and no triable facts are present in any case. Why on the earth, for most cases, AUSA files the motion to dismiss with the same crap, court dismisses it with the same argument and somewhere in between, USCIS naturalize the plaintiff. Isn't it sick? Then the district court in other states hears the same kind of arguments for its 1447b cases and judges and AUSAs waste tax payer money on USCIS incompentency. Don't they have anything better to do? No wonder why taxes are so high.
Click to expand...
 
786riz said:
Hi khalafah,
I understand your nuisance but there is no other choice. Even if its take 2, 4 or 6 months with 1447b but still better then not filing and then wait for several years. I have seen so many folks on this thread who waited for years and when they filed they got the citizenship. I am also losing so much by not having citizenship but this is not in my hand, getting mad won’t help. Therefore my suggestion is not to worry how long it will take, just make up your mind and file. Just for your info in my area 6th district court (Michigan), in all of the cases all the judges are telling the USCIS to expedite the process but not giving any specific date. Nevertheless, this kind of verdict won’t stop me to file my 1447b.
Good luck in future.
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I have already filed 1447b through a lawyer on Sept. 23. The defendants were served on Oct 03. My lawyer is Harvard educated and was AUSA three times before. He is a very distinguished lawyer among the lawyer's community. The bad part is that at times, he is not very prompt in returning my calls. Anyway, since the case is already filed, so I just have to wait and see how it goes. Thanks to PACER, I am able to see the progress of my case and I don't have to call him about it, otherwise, it would have been a nightmare. In NJ, AUSA tend to fight the case and drag it, but ultimately, I have seen all of them settled(atleast what I could find thru PACER). Wait for six more weeks about my own case to see how it turns out.
 
this is not good news

khalafah2000 said:
See the attached order. I find judge's arguments quite bizarre.
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khalafah2000, could you post also the initial complaint, the AUSA answer to the complaint or motion to dismiss and the Plaintiff's counter motion (or answer to the AUSA motion)? I assume that these are also available from the same place where you got the judge's order.
 
khalafah2000 said:
See the attached order. I find judge's arguments quite bizarre.
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This is a very weak judicial opinion. There are numerous cases where the jurisdiction issue has been proved in various court districts and the 120 day from the date of the interview has been proven. Danilov case has been rejected in a number of cases as well. Kind of like Michigan cases where the case is remanded back to USCIS without specific instruction on timely completions, the judge who gets assigned to your 1447 cases will play a critical role. Unfortunately there does not appear to be a single case where the case has gone through discovern, and a trial before court, nor has there been a bold judicial adjudication of naturalization. If this were to happen, that would once and for all settle the legal issues regarding the naturalization cases.
 
PendingN400 said:
This is a very weak judicial opinion. There are numerous cases where the jurisdiction issue has been proved in various court districts and the 120 day from the date of the interview has been proven. Danilov case has been rejected in a number of cases as well. Kind of like Michigan cases where the case is remanded back to USCIS without specific instruction on timely completions, the judge who gets assigned to your 1447 cases will play a critical role. Unfortunately there does not appear to be a single case where the case has gone through discovern, and a trial before court, nor has there been a bold judicial adjudication of naturalization. If this were to happen, that would once and for all settle the legal issues regarding the naturalization cases.
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It doesn't seem that judge has read all the relevant material about 1447 statue and its related statues. Davilov case was the same, the judge did the same thing. I think that if one doesn't get a decent AUSA and judge, he might get this kind of verdict. Until one of the denied cases doesn't go to US court of appeal and ultimately to US Supreme, these kind of judgements would keep on popping here and there in different districts. Worst thing is that AUSA in another case in the same district is asking the judge to use this case in his motion to dismiss.

I got this case from PACER, will put the rest of the case on the forum hopefully tonight.
 
Exclusive Jurisdiction

The only case I know that has gone to an appeals court is the one pertaining to the Hovsepian case, in which the court issued an opinion for exclusive jurisdiction held by the court. The discussion (see article pertaining to USA Vs. Hovsepian) is available at link below. This appellate opinion is very relevant to some texas related cases and michigan cases where the subject matter is being remanded back without specific instructions.

http://imminfo.com/articles-nats.html
 
PendingN400 said:
The only case I know that has gone to an appeals court is the one pertaining to the Hovsepian case, in which the court issued an opinion for exclusive jurisdiction held by the court. The discussion (see article pertaining to USA Vs. Hovsepian) is available at link below. This appellate opinion is very relevant to some texas related cases and michigan cases where the subject matter is being remanded back without specific instructions.

http://imminfo.com/articles-nats.html
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How about the following paragraph. Please see the red bold part
"In August 2006, the FBI forwarded the result of its search to USCIS for its review. The Supervisor District Adjudication Officer, Section Manager of the USCIS New Jersey district office reviewed the results of the background check and determined that the USCIS must continue evaluating Plaintiff's eligibility for naturalization"
 
Cant believe judge decision??

I cant fathom the decisions these judges are making. This is bull ****. I think they dont want to do anything with the case and are just trying to get them out of thier pile as soon as possible. If you cant trust the judicial system then what is next. What happens to these poor people who just want this ordeal to be over and then get hit by a decision like this. What can they do next? Call the president? :mad:
I am also getting ready to file the 1447b but what will happen if the judge sides with USCIS? Is there any hope after that? Can you appeal the decision?
I am contemplating whether I should have a lawyer do this or still do it by myself. Any comments thought????
 
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