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

Bushmaster said:
Need opinion guys,

Thanks for the website, I found out who my AUSA would be when I file my petition. But here is my question... I am planning to call a ... you may say "bluff" I would like to prepare a draft and then I would like to send a letter asking AUSA office's help.

I am not planning to enclose the draft of the 1447 petition not to get them ready and working on a defense, I would just mention that petition is ready, and if there is anything they can do before I file.

Do you think they would respond to me? Without filing the actual petition in the court? So what I basically want to do is to tell them "hey man, look I am going to file this, your office is going to have to deal with it, can you find something out before we go through that?"

What do you think?

I heard that some attorneys who file cases in federal court know the local AUSAs on an informal basis and can talk to them about pending cases without serving formally. Look thru pacer for your district court and find attorneys who are filling 1447b and contact them and see if they can help you without formally serving notices.
 
lotechguy said:
I heard that some attorneys who file cases in federal court know the local AUSAs on an informal basis and can talk to them about pending cases without serving formally. Look thru pacer for your district court and find attorneys who are filling 1447b and contact them and see if they can help you without formally serving notices.

Unless I am doing something wrong,

I went to the U.S. Party Case Index, and went to search section, entered 11th circuit from the pull down menu and typed USCIS as a party name, one 1447 popped and that is not in my hometown.

I picked civil cases search and this time specifically picked Georgia southern district and typed USCIS, and no cases showed.
 
You should type 'Chertoff' as party name, because he is one of the defendants.

Hope it helps and wish you the best.

Jack

Bushmaster said:
Unless I am doing something wrong,

I went to the U.S. Party Case Index, and went to search section, entered 11th circuit from the pull down menu and typed USCIS as a party name, one 1447 popped and that is not in my hometown.

I picked civil cases search and this time specifically picked Georgia southern district and typed USCIS, and no cases showed.
 
Yep Cherthoff turned up irrelevant cases, job discrimination, age discrimination etc...

What is the case type for these petitions, that might be a broader search?
 
OK guys, I am going to my court's homepage, zipcode 31419, savannah, I select district court and then their PACER. And I enter different queries but so far none turned up with a 1447(b), is this a good sign?
 
No Emilio Gonzales returns either, I am interpreting this as a good sign, as AUSA might not be experienced in these cases.
 
lotechguy said:
I heard that some attorneys who file cases in federal court know the local AUSAs on an informal basis and can talk to them about pending cases without serving formally. Look thru pacer for your district court and find attorneys who are filling 1447b and contact them and see if they can help you without formally serving notices.


To get back what you said lotechguy, do you think it is a bad idea to write to AUSA by myself? I can convince my JAG officer maybe...
 
A story about my case.....My 485 case was stuck in name check for 3 years. During the whole time, I felt that I could not move (for fear that the change of address I will miss a fingerprint notic), did not feel safe to leave the country to visit my family, and certainly could not switch jobs.

In September I finally found a lawyer (recommended by a member of this portal) and filed a suit. My case was approved as of this past Monday. When i received the approval notice, I felt so relieved and that it was well worth going through the lawsuit.

Please send me a private message for the contact information for the lawyer if you are interested and living in Northern CA.
 
Check the spelling of CHERTOFF

Bushmaster said:
Yep Cherthoff turned up irrelevant cases, job discrimination, age discrimination etc...

What is the case type for these petitions, that might be a broader search?
 
mwl said:
A story about my case.....My 485 case was stuck in name check for 3 years. During the whole time, I felt that I could not move (for fear that the change of address I will miss a fingerprint notic), did not feel safe to leave the country to visit my family, and certainly could not switch jobs.

In September I finally found a lawyer (recommended by a member of this portal) and filed a suit. My case was approved as of this past Monday. When i received the approval notice, I felt so relieved and that it was well worth going through the lawsuit.

Please send me a private message for the contact information for the lawyer if you are interested and living in Northern CA.

Congratulations mwl! Another victory!
 
How much do they charge on average for a litigation case like this, N-400 in my case?

5K? 10K? I would be in the range but not more than 10K. I can certainly not afford 20K 30K...

Thanks for the heads up and the spelling check, no cases on naturalization hearings in my hometown.
 
Here are the addresses I used:

Alberto R. Gonzales
US Attorney General
US Department of Justice
950 Pensylvania Ave., NW
Washington, DC 20530-0001

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

Emilio T. Gonzalez, Director of USCIS
Office of the Chief Counsel
U.S. Citizenship and Immigration Services (USCIS)
20 Massachusetts Ave, NW, Rm 4025
Washington, DC 20529

Robert S. Mueller
Director of Federal Bureau of Investigation
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Avenue, NW
Washington, D.C. 20535-0001



Moon_g said:
Thanks for your helps! I did have learn a lot here.
Another question:
One of defendant in the lawsuit is USCIS Director Emilio Gonzalez.
But I cannot find his Mailing address in internet. Please post here if you know it. and other defendant's Mailling address.
Very appreciated!
Ximing
 
Bushmaster said:
No Emilio Gonzales returns either, I am interpreting this as a good sign, as AUSA might not be experienced in these cases.
I think it depends on the district where you live. If there are not many immigrations or even residents, you might be the first person to sue USCIS on this matter. I had the same problem and just recently was able to find only 2 cases, which were filed a month ago. But good luck, and read this thread. Don't afraid to be the first.
 
I am in Savannah, Georgia Southern District Court. I should say not many immigrants as it should be with NYC or SFC, LA, MNP or ATL for that matter. Like you said, it doesn't matter really though.
 
INFOPASS tomorrow...

Guys, I am going to ATL tomorrow to ask about the case, at this point both my N-400 and I-751 are pending a security check.

When putting down the statement of facts in your petition, you almost always say "Plaintiff is a lawful permanent resident of the US" ... However, I am still a conditional resident. How can this be put in the petition?

Is it possible to get something in written from the INFOPASS concerning the N-400 still pending, I would want to put that as exhibit in my petition.
 
Infopass

Can anybody kindly tell me what the Infopss is? It seems that we can get some information about our case from this, right? How could I access to this? I tried to find out by myself. But I couldn't.

Thanks a lot.
 
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