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

[Mr LA]

good luck

ok fellows, the last few days i was gathering a kind gift to the US attorney and the USCIS, so today i want and send my gift to them through the district court, i intend to keep this case hot, till some thing happen, it took me a while to warm up, and i cant cool down.
thanks to every one of you, i have always heard about support groups, but never really knew how much of effet can that have, i think finding and communicating with others who have similar concerns have profound effect in boosting your morals, and strengthen your will, SO AGAIN THANKS TO EVERYONE , WHITOUT YOUR HELP,MOST OF US WOULDNT BE ABLE TO ACHEIVE ANYTHING , OR EVEN HAVE THE BALLS TO START SOME LIKE THIS.
thise are the exhibits i filed today.

Good luck brother, i wish you all the best

Today I am completing 120 days, so I have sent a letter to interviewing officer remind her about the 120 day’s rule, so I will wait for 4 days, only 4 days . So Monday the 15, I am filing my case.

 

[boston_case]

Goodluck Mr. LA

Please keep us posted

 

[SyedNaqvi]

Hello Everyone,
I called tha US District Attorney's office today and I was able to talk to the attorney who is handling my case. He was very nice and polite and informative. First when I told him my name he said that he is familiar with my case and told me that he talked to someone in FBI and asked the person in FBI to expedite my name check. He said that he will have some information for me in couple of weeks about my name check. He said that he is trying his best to resolve this matter before June 11 which is deadline. So I am just hopping for good.

Thanks to everybody for being so helpful......

 

[Mr LA]

Hello Everyone,
I called tha US District Attorney's office today and I was able to talk to the attorney who is handling my case. He was very nice and polite and informative. First when I told him my name he said that he is familiar with my case and told me that he talked to someone in FBI and asked the person in FBI to expedite my name check. He said that he will have some information for me in couple of weeks about my name check. He said that he is trying his best to resolve this matter before June 11 which is deadline. So I am just hopping for good.

Thanks to everybody for being so helpful......

Hello SyedNaqvi,

I have sent you PM, please don't forget me with your advice.

 

[amo585]

ok fellows, the last few days i was gathering a kind gift to the US attorney and the USCIS, so today i want and send my gift to them through the district court, i intend to keep this case hot, till some thing happen, it took me a while to warm up, and i cant cool down.
thanks to every one of you, i have always heard about support groups, but never really knew how much of effet can that have, i think finding and communicating with others who have similar concerns have profound effect in boosting your morals, and strengthen your will, SO AGAIN THANKS TO EVERYONE , WHITOUT YOUR HELP,MOST OF US WOULDNT BE ABLE TO ACHEIVE ANYTHING , OR EVEN HAVE THE BALLS TO START SOME LIKE THIS.
thise are the exhibits i filed today.

Mohamed,

Publicus started it, Suzy pushing it whenever needed and you Mohamedmohamed who is keeping it warm and running. I do appreciate the time and efforts you put.

Keep up the good work and keep warm, but not to tsa3400 level.

Respect to all of you.

 

[cbr_139]

New USCIS call centre?

I read the following news item below. Any improvement expected in the near future?

_________________________________________________________

Lockheed Martin Receives 5-Year Pact to Staff Call Centers for Homeland Security Department


SEABROOK, Md. (AP) -- Defense contractor Lockheed Martin Corp. on Tuesday said it received a five-year contract worth $120 million to provide call center services to the Department of Homeland Security.
Under the pact, from the department's U.S. Citizenship and Immigration Services, Lockheed will operate a national customer service center, which handles some 10 million callers requesting immigration information each year.

Lockheed Martin will staff call centers in Albuquerque, N.M. and Indianapolis, Ind.

 

[mohamedmohamed]

Mohamed,

Publicus started it, Suzy pushing it whenever needed and you Mohamedmohamed who is keeping it warm and running. I do appreciate the time and efforts you put.

Keep up the good work and keep warm, but not to tsa3400 level.

Respect to all of you.

thank you, every one here contribute something, wether it is a question or answer , it is important , it help the others by either learning something, or gain the motivation to findout about some new topic, and no one person here is doing, or can do more than the others, it is really a genuin effort, from all the user to end their agony , and help the other in the same baot, we all rely on each other to provide teh valuable information that is available here thanks to everyone.
Publicus deserve the credit for starting this, it is a magnificent work, Suzy deserve the credit for been "the techenical pro, and humour source" am simply one of the croud.
by the way i have found the from G325, it is simply the biographic form you fill with 485, and N 400.
cbr-139
i am not sure if this will really make any difference, they still have a long way to go, with all the effort, and teform , and reshaping, and changing of the name, you still can not find out the processing information for your application, if is not filed at a cervice center, meaning that if you are filing at one the local( application support center) you can track your case online, so you can figure how long it will take to implement other policies, taht will really contribute to the quality of the handling of the the immigration benefits.

 

[ournyla]

Hello Everyone,
I called tha US District Attorney's office today and I was able to talk to the attorney who is handling my case. He was very nice and polite and informative. First when I told him my name he said that he is familiar with my case and told me that he talked to someone in FBI and asked the person in FBI to expedite my name check. He said that he will have some information for me in couple of weeks about my name check. He said that he is trying his best to resolve this matter before June 11 which is deadline. So I am just hopping for good.

Thanks to everybody for being so helpful......

Congratulation for a positive news, I hope to hear same for my case. Can you please elaborate that how you approached the attorney, and what did you talk about. I am planning to call too but don't know whaat to ask him? Please share your valuable experience.

Thanks

 

[Haddy]

Thank you It means a lot... THANK YOU!!!

Thank you everybody for your nice comments, and I wish everybody the best in defeating CIS.

Haddy, here what I send to court to file more exhibits without amending the complaint.

I really Appreciate it. Thank you,

And

Congratulations once again...

 

[sam1973]

Thank you

Hi guys,
Thanks to all the members that keeping us update about their cases and please keep doing the same thing so we can teach each other . and help each other . I filed my 1447(b) on 04/27/2006 and i served all the Defendants on 04/28/2006 but i mad 2 mistakes (A) I sued Aleberto Gonzales,Michael Chertoff ,Robert Mueller and the local Director of USCIS but i used Robert Divine as Acting Director of USCIS not Emilio Gonzales and i found that out after i served the all the Defendants . (B) when i sevred Michael Chertoff i didn't send it to the General Counsel office but i send it to him at DHS and when i tried to get another copy and summon to send it to the GC office i was told by the clerk that you don't need to do that all what you need to serve is US attorney along with the Defendants that you listed on the complaint (which is i did ) and then she said you can send the GC office a copy of the coplmaint with the case number and i did that . Am i doing the right thing ? is that will cause me any problem ?
if any one can help me !!!
thank you in advance for all your help and good luck to all of us .
N-400 :11/15/2004
FP: 04/28/2005
Interview : 09/13/2005
name check still pending

 

[RealSuperK]

False alarm.

Called up the clerk and she told me that they did file the reply on May 9th. I guess they aren't as dumb as I thought they were. Hopefully I'll get the reply today and see what it's all about. Although I have an idea what it will say - the court has no jurisdiction, USCIS didn't violate 1446.

It's getting interesting....

 

[mohamedmohamed]

False alarm.

Called up the clerk and she told me that they did file the reply on May 9th. I guess they aren't as dumb as I thought they were. Hopefully I'll get the reply today and see what it's all about. Although I have an idea what it will say - the court has no jurisdiction, USCIS didn't violate 1446.

It's getting interesting....

they may not as dumb, but they certainly playing games, filing answer on the last day, is is notgood signe from them, they are either out of any justification, were waiting on finishing your case before the end of the 60 days, eitherway you shoudl the answer cerafully , and dispute everthing they said, because they cant come up with anything good.
you may not have to wait till you get the answer in thamil, you can find it from the PACER, website, or even may be from the clerk if you go to them they may give you a copy.
good luck

 

[RealSuperK]

they may not as dumb, but they certainly playing games, filing answer on the last day, is is notgood signe from them, they are either out of any justification, were waiting on finishing your case before the end of the 60 days, eitherway you shoudl the answer cerafully , and dispute everthing they said, because they cant come up with anything good.
you may not have to wait till you get the answer in thamil, you can find it from the PACER, website, or even may be from the clerk if you go to them they may give you a copy.
good luck

Well, I called them two weeks before their time was up and AUSA told me that she hadn't even looked at my A file yet. Either they are that busy or simply don't care too much about cases like this one. That's why they needed every single second of their 60 days to file an answer.

As for getting the answer faster... If I don't get it tonight in the mail, I'll probably just take a day off work tomorrow and pick it up at the clerk's office. I just signed up with PACER and haven't recieved a user name and password just yet.

Anyway, I'll keep you posted. Thanks for all your help!

 

[SyedNaqvi]

Hello Everyone ,
I just got a call from the District Attorney, he told me he has a good news for me that my expedite request to FBI came back with NO RECORD, I asked him you mean my name check is clear he said yes your name check is clear. He said he is going to fax me document to dismiss the case. He explained me that this will be dismissal with prejudice means if something goes not as expected then you can file the complain in the court again. I am waiting for the fax one I received the fax I will share the information in it and offcourse i will need your suggestion. He told me that once he receive this signed dismissal back from me it will take 2 days for the court processing and then INS will process my case.
thanks everyone for the help.

 

[mohamedmohamed]

Hello Everyone ,

thanks everyone for the help.

good luck, your efforts finally paid off

 

[ournyla]

Hello Everyone ,
I just got a call from the District Attorney, he told me he has a good news for me that my expedite request to FBI came back with NO RECORD, I asked him you mean my name check is clear he said yes your name check is clear. He said he is going to fax me document to dismiss the case. He explained me that this will be dismissal with prejudice means if something goes not as expected then you can file the complain in the court again. I am waiting for the fax one I received the fax I will share the information in it and offcourse i will need your suggestion. He told me that once he receive this signed dismissal back from me it will take 2 days for the court processing and then INS will process my case.
thanks everyone for the help.

Congratulation for a positive news, I hope to hear same for my case. Can you please elaborate that how you approached the attorney, and what did you talk about. I am planning to call too but don't know whaat to ask him? Please share your valuable experience.

Thanks

 

[pharmboy]

Entry error on PACER

I just registered on PACER and checked my case. I found that my case is categerized as hearing on naturalization (1447b) instead of adjustment of status for PR (WOM). Does it really matter? And I should ask them to block out some personal information also. Does anyone know how to do this?

 

[mohamedmohamed]

I just registered on PACER and checked my case. I found that my case is categerized as hearing on naturalization (1447b) instead of adjustment of status for PR (WOM). Does it really matter? And I should ask them to block out some personal information also. Does anyone know how to do this?

what dod you write in your complaint? if you filed it as WOM for AOS then you should call or see the clrek and ask them to fix it, if the mistake was made by you, then you should write correct one , and tell the clrerk that you want to amend it.

 

[sam1973]

what dod you write in your complaint? if you filed it as WOM for AOS then you should call or see the clrek and ask them to fix it, if the mistake was made by you, then you should write correct one , and tell the clrerk that you want to amend it.

Hi mohamedmohamed ,
what is the different between WOM and AOS ? does it make any different when you filed 1447(b) for N-400 application ?

 

[mohamedmohamed]

the US attorney is just bullying you and the court

From what I read in the US attorney defense, this is what I think.
You should prepare your answer ASAP and file it with court, ASAP too.
I know we all can provide whatever help we can to assist you in this.
preliminary arguments
Paragraph 19 Even if there are “ numerous courts have stated different holding from the Hovaspian case” as the defense have claimed, never the less the have failed to reference these holding, for the court and the plaintiff so these holding can weighed against the holding of the ninth circuit, therefore the court should dismiss this claim.
Paragraph 22: the plaintiff couldn’t agree any more, and want to emphasis the his complete understanding of the statute and regulations requirement of the complete background check ,before awarding any immigration benefits, perhaps this is something the defense and his client , need to understand more anyone else, since they are the one who suppose to complete these background, it is a function that was delegated to them by the congress, but so far they have failed to do, therefore the defense citing of these requirements, does in fact support the plaintiff claim of USCIS, FBI, and the attorney general failure to perform their job, within the period of time required by the by law (1447 (b))
Paragraph 23:the US attorney have failed to recognize the fact that “a reasonable delay” delay definition here in not a matter of discretion, or estimation, since it was defined and limited by the provision 1447(b to 120 days, and any attempt by the counsel and his clients to stretch this period or the meaning of this statue, is absolutely out a the question, and should be disregarded by the court.
Another evidence of the violation committed here the USCIS I would like to introduce, didn’t even come from and district or circuit court, on the contrary it was stated in “Memorandum for Wic members” issued by the USCIS own executive secretariat (exhibit# ), this clearly stated that the U.S. Department of justice along with the Office Immigration Litigation believe that USCIS have violated its own regulation.
According to these, the plaintiff, is asking the court to grant the relieves sought in the original complaint, and order the defendants to adjudicate the plaintiff naturalization application, in the a accordance with the statute 1447 b, and put an end to this illegal practice, for the sake of justice, and fairness, and award the plaintiff nay other relieves as allowed by the law.