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

[khalafah2000]

Hi khalafah,
I remember seeing one case in this thread, I think somewhere in the middle. In which after filing the 1447b, USCIS denied the N400 application. Again argument was that after filing 1447b, did USCIS have authority on the N400 application or not? I think that person fought and followed with a very good motion and got the citizenship. I will go back and search for the case and will repost here.
Thank you.

if the judge follows the language of the law, then USCIS loses jurisdiction as soon one files the case. In that case, the plaintiff is safe from retaliation and that is the way, it should be. If the judge follows the so-called concurrent juridiction, the plaintiff should be ready for retaliation.
How about senate passing the law of making illegals aliens legals and at the same time, USCIS retaliating against those who dare to sue them for their own ineffeciency and incompetent. Apart from US, which other country takes forever for the name check. They have all of our records from the time when we enter in the country.
See the following cases in Newark, NJ district. See if you can make any sense of what USCIS is trying to accomplish here. These are the only two, I could find which have been or being fought in this district.
2:06-cv-00313-JLL-CCC
2:06-cv-02104-JAG-MCA

 

[zoro3]

Petition

Hi everyone,
Why don't we generate a national petition and send it to our congress representatives to show our disgrace of this new delay process for future US citizens. If the petition is solid enough (more that 100's of thousands signature) congress will definitly relook at this new law and adjust it. What do you think?

 

[SHAFFI]

Hi everyone,
Why don't we generate a national petition and send it to our congress representatives to show our disgrace of this new delay process for future US citizens. If the petition is solid enough (more that 100's of thousands signature) congress will definitly relook at this new law and adjust it. What do you think?

I am all for it, sign me up

 

[Bushmaster]

Hi everyone,
Why don't we generate a national petition and send it to our congress representatives to show our disgrace of this new delay process for future US citizens. If the petition is solid enough (more that 100's of thousands signature) congress will definitly relook at this new law and adjust it. What do you think?

Disgrace? Two-faced doggone politician doesn't know the meaning of such word... Congress will look at it? I doubt it. They have better things to do like deciding on making illegals "temporary workers" so they can file more I-130 IR petitions. Disgrace and disappointment is mine, I stood up to wear the uniform and they pull that background check shit to me. I don't want their citizenship if I am suing them for it!

 

[Bushmaster]

Hi khalafah,
I remember seeing one case in this thread, I think somewhere in the middle. In which after filing the 1447b, USCIS denied the N400 application. Again argument was that after filing 1447b, did USCIS have authority on the N400 application or not? I think that person fought and followed with a very good motion and got the citizenship. I will go back and search for the case and will repost here.
Thank you.

786, that sounds like HOVSEPIAN vs UNITED STATES! They denied his application while 1447(b) was pending! Ninth Circuit determined that INS lost the jurisdiction and therefore could not have denied the case.

 

[Bushmaster]

Lack of good moral character...

This might be an issue as I am preparing to file a lawsuit sueing the INS, FBI, and whatever freaking loser government agency and its boss responsible for the unnecessary delay in adjudicating my application. I know they will throw everything they have at me, and most likely will fight the case in court, though I am not afraid of these suckers as I am to protect their fat behinds in the streets of Baghdad, Mosul, Tikrit wherever. Anyhoo, since the INS is notorious to show cause "lack of good moral character" because you hurt a butterfly when you were 12, as the explanation for your denial, I would like to have an opinion if you think they would say the same thing for overstaying visa and subsequently put in removal proceedings. Could they really say, hey you have been put into removal proceedings because you overstayed your visa therefore you lack good moral character? Would they really say this to a soldier who is headed to Iraq? He lacks good moral character?

 

[gcmera2]

I Have Called Ausa Just Now

Hi everyone:

I have filed WOM for relief for my I-485. The 60 days period has ended few days ago. AUSA has neither filed any answer to court nor to me yet. When I have just called the AUSA she said she is going to file MOTION for DISMISSING my case on this Monday the 23rd of October. She says that is the 60th day according to her calculation. She also said to me she has some defenses to file a motion for dismissing this kind of cases and also USCIS has NO specific time frames to make a decision on such cases. She says I would have 10 days to file response to her motion for dismissal. Let me know if you need any more clarifications from me in order to help me. This is shocking news to me. Can I get any help from you guys on how to win this motion for dismissal. I know my I-485 is a very strong case with NO issues from my side.

MY QUESTIONS:

1. What exactly I need to PREPARE to respond for this MOTION for DISMISSAL from AUSA?
2.How to overcome the MOTION for DISMISSAL from AUSA ?
3. Where to get the info on legal arguments with AUSA in regard to this?
4. Any template can I get in regard to this response to MOTION for DISMISSAL?

Thanks a lot

 

[paz1960]

Hi everyone:

I have filed WOM for relief for my I-485. The 60 days period has ended few days ago. AUSA has neither filed any answer to court nor to me yet. When I have just called the AUSA she said she is going to file MOTION for DISMISSING my case on this Monday the 23rd of October. She says that is the 60th day according to her calculation. She also said to me she has some defenses to file a motion for dismissing this kind of cases and also USCIS has NO specific time frames to make a decision on such cases. She says I would have 10 days to file response to her motion for dismissal. Let me know if you need any more clarifications from me in order to help me. This is shocking news to me. Can I get any help from you guys on how to win this motion for dismissal. I know my I-485 is a very strong case with NO issues from my side.

MY QUESTIONS:

1. What exactly I need to PREPARE to respond for this MOTION for DISMISSAL from AUSA?
2.How to overcome the MOTION for DISMISSAL from AUSA ?
3. Where to get the info on legal arguments with AUSA in regard to this?
4. Any template can I get in regard to this response to MOTION for DISMISSAL?

Thanks a lot

Can you post your timeline? When did you file your complaint in Court? When did you serve the DA office? When was the last defendant served? Remember, it counts when they actually received the summons+complaints, not when these were mailed. When did you expect that the 60 days are up? What is AUSA's interpretation?

1. Till we don't see what this Motion for dismissal contains, we can't help.
2. Study carefully what the Motion contains and refute all claims, paragraph after paragraph, citing the statue, the relevant laws and federal regulations, as well as previous cases where the decisions were in your favor.
3. See page 1 to 407 of this thread. (Although this is true, we certainly will try to help you after we see the details. But remember, our collective knowledge about these matters are originated in page 1 to 407 of this forum).
4. There are no universally valid templates for the response to a Motion for dismissal.

 

[paz1960]

This might be an issue as I am preparing to file a lawsuit sueing the INS, FBI, and whatever freaking loser government agency and its boss responsible for the unnecessary delay in adjudicating my application. I know they will throw everything they have at me, and most likely will fight the case in court, though I am not afraid of these suckers as I am to protect their fat behinds in the streets of Baghdad, Mosul, Tikrit wherever. Anyhoo, since the INS is notorious to show cause "lack of good moral character" because you hurt a butterfly when you were 12, as the explanation for your denial, I would like to have an opinion if you think they would say the same thing for overstaying visa and subsequently put in removal proceedings. Could they really say, hey you have been put into removal proceedings because you overstayed your visa therefore you lack good moral character? Would they really say this to a soldier who is headed to Iraq? He lacks good moral character?

Hi Bushmaster,

I don't know about your visa overstay, it seems that USCIS will have a reason at least to try to deny your application, I assume that they will consider it as a violation of the immigration laws. Did you tell them during your interview or in any other way? If they didn't deny your application right away, maybe there is a chance that they will not use this against you.

But I see another thing what you may use in expediting your name check. If you look to the attached USCIS memo, you will see that one of the 4 reasons where an expedited name check should be requested is "imminient military deployment". You don't have to post here on this forum if you are about to be deployed somewhere (this may be a military secret) but try to use it in your favor if this is the case. If you didn't file your complaint yet and the above applies to you try to contact first USCIS and maybe you can settle your case without going to Court.

 

[Bushmaster]

Hi Bushmaster,

I don't know about your visa overstay, it seems that USCIS will have a reason at least to try to deny your application, I assume that they will consider it as a violation of the immigration laws. Did you tell them during your interview or in any other way? If they didn't deny your application right away, maybe there is a chance that they will not use this against you.

Hi,

I overstayed and was put in proceedings for removal, however during proceedings my I-130 came approved which was filed by my wife, and I-485 was approved by the Immigration Judge in court, so proceedings were officially terminated and I legally became a conditional permanent resident.

But I see another thing what you may use in expediting your name check. If you look to the attached USCIS memo, you will see that one of the 4 reasons where an expedited name check should be requested is "imminient military deployment". You don't have to post here on this forum if you are about to be deployed somewhere (this may be a military secret) but try to use it in your favor if this is the case. If you didn't file your complaint yet and the above applies to you try to contact first USCIS and maybe you can settle your case without going to Court.

I am printing this out right now and will take it to my commander and JAG officer. Rotations of units in and out of Iraq are public information as you will see on the news what unit is deploying and most of the time they would say where. However I can not talk about operations prior to deployment or after deployment or individuals by name who are deploying.

Thanks for bringing this up. I promise, if I get my citizenship finalized without court, with the help of this memo, and with the help of a high ranking officer writing to the District Director of ATL office, I HAVE A TREAT FOR YOU.

 

[paz1960]

letter from USCIS

A week ago I sent an another inquiry letter about my pending N-400 application to USCIS. I gave them a good cause (at least I thought that it was good) why to request an expedited name check from FBI. I also reminded them about the '120 days' rule and gave them till Oct. 23 time to initiate this expedite request and inform me about it.

Today I received an answer (actually, I was impressed, how quick they answered). It is the standard, 'canned' answer about ..."your application continues to be on hold pending the outcome of a routine background security check"...bla-bla-bla. It is also stated that "no action can, or will, be taken on your application until all required background checks have been completed".

I hope that they will change their mind after they receive my complaint+summons. It was stated earlier on this forum that approximately in 30% of the cases it is enough to threaten them with a lawsuit to make them to act. Seems, that I am in the other 70%....

According to my research, I will be the first person who files such a case in my District Court and in addition I'll do it Pro Se. Wish me good luck!

 

[Bushmaster]

Does anyone know where I should send the letter of expedite request due to military deployment? My N-400 is in Atlanta.

 

[Bushmaster]

A week ago I sent an another inquiry letter about my pending N-400 application to USCIS. I gave them a good cause (at least I thought that it was good) why to request an expedited name check from FBI. I also reminded them about the '120 days' rule and gave them till Oct. 23 time to initiate this expedite request and inform me about it.

Today I received an answer (actually, I was impressed, how quick they answered). It is the standar, 'canned' answer about ...your application continues to be on hold pending the outcome of a routine background security check...bla-bla-bla. It is also stated that "no action can, or will, be taken on your application until all required background checks have been completed".

I hope that they will change their mind after they receive my complaint+summons. It was stated earlier on this forum that approximately in 30% of the cases it is enough to threaten them with a lawsuit to make them to act. Seems, that I am in the other 70%....

According to my research, I will be the first person who files such a case and in addition I'll do it Pro Se. Wish me good luck!

No you might not be in the 70%, not necessarily, they sent you a computer generated "shut the hell up" letter, which they also did for my I-751. Can you believe my removal of conditions is even pending security checks? That letter doesn't mean anything . They better change that stupid "no action can, or will, be taken on your application until all required background checks have been completed" line with "no action can, or will, be taken on your application unless you decide to sue us so we can wake up and consider your case."

 

[paz1960]

Does anyone know where I should send the letter of expedite request due to military deployment? My N-400 is in Atlanta.

Hi Bushmaster! I assume that Atlanta is a USCIS District Office and they have your file. I definitely would try to contact the Director of this District office, maybe if you can convince your commander or your JAG officer to call them, they would have a better chance that they can reach the right person. Can you go to the office in person with an Infopass? That would be the other option but certainly weaker than a phone call from the military, who actually can confirm them your imminent military deployment. If nothing works, you still can send the letter with the copy of the memo the the Atlanta office of USCIS.

 

[Bushmaster]

Good idea, I am actually going for an infopass on the 26th. Not that I am hoping any result, it is a 4 hour drive and I am hoping to enjoy a good lunch with a friend in ATL. I am also in need of an extension on my greencard. Here is the catch. I have no valid passport and I can not possibly obtain one due to restrictions of the native country, they require military service from their citizens and if you don't do it, you are absolutely barred from getting a passport overseas. It will be funny.

I am going to try hard to get someone to call them. I called the adjudications officer assigned to my case however she just took my number and said she will call back, that was 2 weeks ago.

 

[786riz]

Why worry this is nothing out of extra ordinary

Hi gcmera2,
Do not worry, what the AUSA is saying that she is going to file a motion to dismiss the case, is a usual thing, I saw the same thing in about 50% of the cases because this will buy some time for them. Also, I expect them to file a motion, why should they just give up. Looks to me you did not study this thread deeply enough. I think you were expecting when you file the case, USCIS will give you your GC. Here what is going to happen, when AUSA file the motion the judge will review it and make a decision that is what I saw in most of the cases. As soon the motion is available, post here, we all try to help you.
Again do not need to panic or be anxious, this is nothing out of extra ordinary.
Good luck.

Hi everyone:

I have filed WOM for relief for my I-485. The 60 days period has ended few days ago. AUSA has neither filed any answer to court nor to me yet. When I have just called the AUSA she said she is going to file MOTION for DISMISSING my case on this Monday the 23rd of October. She says that is the 60th day according to her calculation. She also said to me she has some defenses to file a motion for dismissing this kind of cases and also USCIS has NO specific time frames to make a decision on such cases. She says I would have 10 days to file response to her motion for dismissal. Let me know if you need any more clarifications from me in order to help me. This is shocking news to me. Can I get any help from you guys on how to win this motion for dismissal. I know my I-485 is a very strong case with NO issues from my side.

MY QUESTIONS:

1. What exactly I need to PREPARE to respond for this MOTION for DISMISSAL from AUSA?
2.How to overcome the MOTION for DISMISSAL from AUSA ?
3. Where to get the info on legal arguments with AUSA in regard to this?
4. Any template can I get in regard to this response to MOTION for DISMISSAL?

Thanks a lot

 

[786riz]

Hey paz1960,
Good luck and be strong, be ready for the fight and keep the entire documents ready. Continue to post your progress.
Thank you.

A week ago I sent an another inquiry letter about my pending N-400 application to USCIS. I gave them a good cause (at least I thought that it was good) why to request an expedited name check from FBI. I also reminded them about the '120 days' rule and gave them till Oct. 23 time to initiate this expedite request and inform me about it.

Today I received an answer (actually, I was impressed, how quick they answered). It is the standard, 'canned' answer about ..."your application continues to be on hold pending the outcome of a routine background security check"...bla-bla-bla. It is also stated that "no action can, or will, be taken on your application until all required background checks have been completed".

I hope that they will change their mind after they receive my complaint+summons. It was stated earlier on this forum that approximately in 30% of the cases it is enough to threaten them with a lawsuit to make them to act. Seems, that I am in the other 70%....

According to my research, I will be the first person who files such a case in my District Court and in addition I'll do it Pro Se. Wish me good luck!

 

[yfehgh]

negotiate for relief in WOM-part II

Here is an update on my case and also asking for additional advice.

In response to US attorney's voice mail request to dismiss the case, I spoke to the US attorney asking for the 1 year credit towards citizehship. she basically said NO and said she would ask the Judge to dismiss teh case given I have got the GC. I already got that letter via email since I signed up on e delivery. What is the next step in the procedure? i.e. Whose turn it is to act/response? What is my option? Shall I write to the Judge as well, stating that I refuse to dismiss the case until all relief sought are evaluated by the Judge? Or shall I hold any action until Judge writes to me? Whom in the court system can I call to verfiy the procedure, the Judge, the court clerk? I called for my Judge today via his secretary and explained I have a procedural question and she said I would need to speak to a court clerk. I wonder if that is the right person. Any advice on this?

More importantly, what is my option? My guess are 2 options. One is agree to the dismiss. Otherwise, proceed with the case. if so, what can I expect. do we have to go to the court to settle. I am aware of the fact that the court can only ask the Government to consider my relief sought, not force them to grant me the reliefs sought. would the mere fact that I am not willing to dismiss the case prompt the USCIS to consider my above relief request?

I filed WOM and in the complaint, as part of relief I am seeking, I ask for 1 year credit towards waiting for citizenship (ie. reduce 5 years requirement to 4 years due to the unusal delay on my I-485). I got my green card now and US Attorney asked me to dismiss the case. I want to ask for this relief to be granted. Anyone has success in this or in negotiating other relief such as asking USCIS to pay for the Pro Se filing fees? I apprecaite your input.

WOM FILED JULY 22ND, GREEN CARD ISSUED OCT 2ND

 

[wenlock]

defendents

Guys you are doing great job of helping each other here.
I might be he first person filling WOM related to pending N-400 application who never got scheduled for interview.
PD is June 24th 2005
FP Aug 23rd
No interview pending Name Check

I am planning to file Pro Se
In list of defendents who should I serve Officer in charge of my field office who falls under my address Jurisdiction or District Director

My field office is Charleston SC
and District Office is Atlanta

who should I add in my defendents list
District Director Atlanta
or
Office in charge Charleston field office

Thanks

 

[standup]

AOS approved after 12 days

My AOS that was filed more than 3 years ago was approved 12 days after filing a WOM. This was impossible without the information and encouragement posted in this forum. I would share my story with everybody especially those who are still struggling due to the delay in the name check process.

After reading the forum for about 2-3 months, I finally made up my mind to file a WOM on 9/23/06. I filed it through Pro Se because of three reasons: 1)I could not filed a lawer who has filed WOM in my district; 2) I though it was too expensive if I hire a out-of-town lawyer; 3) I believed that I could get enough information and templates to file the lawsuit by my self. All the summons were sent out by certified+return receipt mails. Based on the tracking system, both AUSA and USCIS field office received the summons on 9025/06. On 10/6/06, I received the approval letter showing the case was approved on 10/5/06. I went to have my passport stamped on 10/10/06.

On 10/10/06, I also received a letter from AUSA along a copy of the approval letter. The AUSA asked me to withdraw the case because my petition has been approved. Because I think I should not dismiss the case before I receive my green card, I called the AUSA and got touch with him on 10/16/06. He first congratulated me and asked whether I had had everything that I needed. I then told him that I could not dismiss the case without getting the green card. He then told me without hesitation that he is going to find out what he can do. He forwarded the answers from the USCIS to me on the same day saying that it will take 3-8 months to have the green card ready. I replied to him again insisting that I needed the green card. So far, the AUSA has not been able to expedite this process.

I have telled my story in detail hoping that my case will again encourage the people who are still waiting to stand up for their own right. Sometimes, the fight may be easier that you expect. I also hope that people are aware that getting the green card is another battle to fight after the AOS is approved. Because I have not read any similar stories, I will continue to post the progress on my case.

I am thinking to agree to dismiss without prejuice so that both the AUSA who is a really nice person and I will not have much to do. If I don't receive the card without the USCIS timeline (3-8 months), I will ask to reopen the case and press the AUSA then. Anybody has better ideas?