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

hayyyoot said:
Paz;
Did they mention the FBI check in their letter? this sounds like the response I got, it is automated too.
Hey, looks like you are ready to file, good luck to you.

There is an option on the paper where they could put tick mark next to "Your case is awaiting backgroud checks, review, documents etc. They haven't checked that one. No mention of name check. I am pretty sure that my case is just sitting, at a COMPLETE 100% STOP, noone is even looking at it.

My commander is about to write a MEMORANDUM to USCIS with restricted information that our unit will be deploying for fighting the war on terror. I will forward that memo to USCIS District Director, and the congressman who has a liaison working on this case.

So my 1447 filing will be after I hear back from that memo. If USCIS remains unresponsive to the military memorandum, then I will file the doggone petition.


Question, I will not be available in January and some part of February, this means that if I file my petition in December, I will more than likely not be able to correspond with parties during this time period. Filing pro se, if I have a power of attorney, can my spouse take action in the case? Or should I hold up the filing until I am back in February?
 
I unfortunately would like to acknowledge that by just looking at the cases in these pdf files, 99% of the plaintiffs are MIDDLE EASTERN. No profiling, no discrimination? Yea right!
 
Please, people who are searching cases on PACER, let's do an effort. I can't seach the whole country, I don't have time and the money to support a large scale search of such cases. Believe me, everybody who is in this boat, will need these references.

Paz, do you like the PACER search interface? I think that website needs to be improved in regards to case search, sometimes one can't just be specific on these searches, and by just guessing, we spend, more accurately, we waste money.
 
KJ Finally Approved on Nov 2, 2006

After sitting in namecheck for almost 2 years, I finally got an apporval today. For my story, check KJ's thread HERE
 
Floridawaiter said:
I called on their office to find whether there was an attorney assigned on my case yet. I was told not yet. Next day, I called another office in Tampa and was told there was an attorney on my case. Then the result came very fast.

hello floridawaiter
i am from central florida as well and i am going to file in the next few days my 1447 how is the AUSA in central florida was he very helpfull, and willing to resolve the matter.
let me know if you have any input !!!!!!
thanks in advance
 
Need Advice

PD: Aug-2001
EB2, RIR China Born
LC approved: 10-2004
I-140 RD: 01-18-2005
I-140 AD: 02-14-2005
I-485 RD: 01-18-2005
FP: 07-01-2005
LUD: ( the only one): 07-06-2005
NC send. ( From Senator inquiry and InfoPass): 01-22-2005

I plan to file the law suite against INS/FBI for my long waiting GC and consult one very famous lawyer in Atlanta.

The reply from him:
1) My case is not very strong and is very likely to be rejected by attorney since my waiting time is only 9 months. ( From the date my PD became current 02-2006). Only the case have waiting time > 24 months is favorable.
2) He is still willing to take my case even if it’s not favorable. The cost is $2000 for file the case, $350 per hour if need to go court and $350 per hour to talk to me.

My questions: 1) Is my case too weak to file the law suite?
2) Is there any risk if I file my case by myself to save this huge cost?

Hope to get advice from the experts.
 
phoenixui said:
Today, I received emails from uscis: my and my wife's I-485 are approved.
By the way, when can I get the card?

As some of you may know, I file I485 WOM in August 2006. Received
us attorney's motion to dismiss in Oct. I filed a response and opposition
a week later.

Summary:

1. whenever you file something with the court, mail an extra copy (the judge's copy).

2. us attorney is your friend. He is the one working on your green card.
His phone calls to uscis make things move, fast.

3. when you receive the motion to dismiss from the attorney, don't panic.
You must file a response, a strong one. Basically, the attorne would say
in the motion that a. lack of jurisdication, 2. delay is reasonable. You need
beat these two points hardly. I actually use digital library like Lexis Nexis
which is a wonderful resource. Read those case laws carefully from all other
district courts and cite accordingly. It's like writing a paper.

4. uscis and FBI, when working hard, are quite efficient.

In conclusion, treat your lawsuit carefully and spending time studying the law.
The system works.

Again, thanks to everybody in this forum.



Hi Congrat for your success. I am also one of those who filed WOM. But I have WOM for N-400 with out interview. Can you help me gather information about responsding to Motion to dismiss from USAttroney if I get to that point. I hope things get settle down before that but just in case if not I would like to prepare in advance.

What references or laws you used for responding to motion to dismiss.

Thanks for all your help.
 
He is still willing to take my case even if it’s not favorable. The cost is $2000 for file the case

I called a lot of lawyers in Atlanta and found two good lawyers that charge just $1500 for the case: Charles Kuck and Layli Eskandari. Just thought I'd let you know.

-Chris
 
Bushmaster said:
Paz, do you like the PACER search interface? I think that website needs to be improved in regards to case search, sometimes one can't just be specific on these searches, and by just guessing, we spend, more accurately, we waste money.

I totally agree with you. If you know the case number or the names of the parties and the district court, you can find the documents, but if you just searching similar cases, it can be very inefficient, time consuming and expensive.

So looks like not only the National Name Check Program needs a technology overhault...
 
Hello everyone,
I don’t know if you guys remember me, I’m one of the unfortunate ones who got into this name check hell. I’ve been reading this threat quietly for few months now, I was here when this thread was created and I’ve been following every single post.
I decided in May to hold on filling a lawsuit till it’s two years since I applied for CZ (July 2004). Meanwhile I thought of trying some alternatives to solve this issue, here is a brief description for those interested:

1- In May, I sent another N400. I thought, knowing how their system is, maybe this time I’ll pass or at least they’ll schedule an interview for me, but it did not work. I paid another $400 and got fingerprinted a month later, but then it seems as if I got stuck in the Name check again because they never scheduled my interview. May was around the time when the new rule took place (name check have to be cleared before interview). So my advice for those thinking of applying a second time: don’t bother. I remember Suzy applied twice and didn’t work for her, she also mentioned 2 other ppl (sister and brother) who did the same. It worked for the sister only. Also someone lately filed a lawsuit for her mom (IreneB I think); her mom had at one point filed 2 N400s. she only got naturalized after lawsuit.

2- Contacted 2 FBI agents thru friends. One was saying that the immigration were not responding to his requests. I don’t know why he would want a response from them while the problem is with the FBI (I got a letter from FBI thru congressman saying that they my name check is still in process), I think this guy couldn’t do much so he blamed it on the immigration. The second FBI agent said he’ll only tell me about the status of my case if he can get to it, he still didn’t a respond from him.

3- Sent a letter to President Bush thru my mom’s Church. That was a month and a half ago, still haven’t heard from them.

4- Contacted my congressman with same response: name check pending. Also contacted Newark INS on phone, the lady saw that I have 2 files but she couldn’t check any further.

After all of this, I think the only way to go is filling a lawsuit. I had something prepared back in April, I’m going to add all the new info I have and then file asap. I’m planning to become a citizen by the end of the year. I’m sick and tired of waiting.
Now I don’t know if my second N400 could affect my rights to file under 1447. I know IreneB did but in her case her mom got interviewed twice while I got interviewed once. What do you guys think? I’m gonna ask IreneB to send me a copy of her mom’s suit.
Also back in April, a guy called sfaizullah had filed a lawsuit under 1447 in NJ but I haven’t heard from him since then do you guys know anything about what happened to his case?

Thank you all for your help here. This forum has been a savior for many unfortunate ppl. Keep up the good work.
 
My 1447B Status

Hello All,

I don't post much, but I follow up frequently on this forum and take advises. I filed my 1447B on Sep 26th with an attorney. This week, I received a letter to show up for a fingerprint, I was surprised to see such a short notice show up... but overall is this normal. They said, that my previous prints were expired. Has anyone had this experience? Anything to worry about?

I have left a vcmail at lawyers office notifying them of this, they havent called back yet..
 
phoenixui said:
Today, I received emails from uscis: my and my wife's I-485 are approved.
By the way, when can I get the card?

As some of you may know, I file I485 WOM in August 2006. Received
us attorney's motion to dismiss in Oct. I filed a response and opposition
a week later.

Summary:

1. whenever you file something with the court, mail an extra copy (the judge's copy).

2. us attorney is your friend. He is the one working on your green card.
His phone calls to uscis make things move, fast.

3. when you receive the motion to dismiss from the attorney, don't panic.
You must file a response, a strong one. Basically, the attorne would say
in the motion that a. lack of jurisdication, 2. delay is reasonable. You need
beat these two points hardly. I actually use digital library like Lexis Nexis
which is a wonderful resource. Read those case laws carefully from all other
district courts and cite accordingly. It's like writing a paper.

4. uscis and FBI, when working hard, are quite efficient.

In conclusion, treat your lawsuit carefully and spending time studying the law.
The system works.

Again, thanks to everybody in this forum.

Hello phoenixui,

Congratulations for the approval of your and your wife's I-485. Another victory and another proof that making this difficult decision to go to court actually pays off.

One more thing what gives me satisfaction: your advice to prepare hard to be able to Oppose the defendants motion to dismiss.

It would be a great benefit for the rest of us who are possibly facing a Motion to dismiss from AUSA if you can post here on this forum your opposition, at least the citations of the case law. I would be especially interested in the part where you argued against the "delay is reasonable" argument.
 
Last edited by a moderator:
akram88 said:
Hello everyone,
I don’t know if you guys remember me, I’m one of the unfortunate ones who got into this name check hell. I’ve been reading this threat quietly for few months now, I was here when this thread was created and I’ve been following every single post.
I decided in May to hold on filling a lawsuit till it’s two years since I applied for CZ (July 2004). Meanwhile I thought of trying some alternatives to solve this issue, here is a brief description for those interested:

1- In May, I sent another N400. I thought, knowing how their system is, maybe this time I’ll pass or at least they’ll schedule an interview for me, but it did not work. I paid another $400 and got fingerprinted a month later, but then it seems as if I got stuck in the Name check again because they never scheduled my interview. May was around the time when the new rule took place (name check have to be cleared before interview). So my advice for those thinking of applying a second time: don’t bother. I remember Suzy applied twice and didn’t work for her, she also mentioned 2 other ppl (sister and brother) who did the same. It worked for the sister only. Also someone lately filed a lawsuit for her mom (IreneB I think); her mom had at one point filed 2 N400s. she only got naturalized after lawsuit.

2- Contacted 2 FBI agents thru friends. One was saying that the immigration were not responding to his requests. I don’t know why he would want a response from them while the problem is with the FBI (I got a letter from FBI thru congressman saying that they my name check is still in process), I think this guy couldn’t do much so he blamed it on the immigration. The second FBI agent said he’ll only tell me about the status of my case if he can get to it, he still didn’t a respond from him.

3- Sent a letter to President Bush thru my mom’s Church. That was a month and a half ago, still haven’t heard from them.

4- Contacted my congressman with same response: name check pending. Also contacted Newark INS on phone, the lady saw that I have 2 files but she couldn’t check any further.

After all of this, I think the only way to go is filling a lawsuit. I had something prepared back in April, I’m going to add all the new info I have and then file asap. I’m planning to become a citizen by the end of the year. I’m sick and tired of waiting.
Now I don’t know if my second N400 could affect my rights to file under 1447. I know IreneB did but in her case her mom got interviewed twice while I got interviewed once. What do you guys think? I’m gonna ask IreneB to send me a copy of her mom’s suit.
Also back in April, a guy called sfaizullah had filed a lawsuit under 1447 in NJ but I haven’t heard from him since then do you guys know anything about what happened to his case?

Thank you all for your help here. This forum has been a savior for many unfortunate ppl. Keep up the good work.

forgot to mention, I have scheduled an Infopass appointment for next tuesday at 7:30 am. I read that if you go there early I get to speak with some supervisors or something like that. what should I ask for to be transfered to citizenship?
 
boondi said:
Hello All,

I don't post much, but I follow up frequently on this forum and take advises. I filed my 1447B on Sep 26th with an attorney. This week, I received a letter to show up for a fingerprint, I was surprised to see such a short notice show up... but overall is this normal. They said, that my previous prints were expired. Has anyone had this experience? Anything to worry about?

I have left a vcmail at lawyers office notifying them of this, they havent called back yet..
hey there no its very normal your fingerprints expire after 15 months. its a good sign it means that they working on your case . so keep your fingers crossed and hopefully by the end of the month you will have your oath letter.
 
Another victory

I received several emails from USCIS saying my I485 and my spouse’s I485 have been approved, and new cards have been ordered. An AUSA just left a message to my cell phone. He confirmed the approval and requested me to file a motion to dismiss the case. Can you believe it? I have been stuck in name check for almost 3 years, and it took only 3 weeks to get everything done after I filed the WOM. Anyway, I am so glad to see my 5.5-year GC journey came to the end.

Wish all WOM filers the best luck and my huge gratitude to this thread and all of you who made contributions to this thread!
 
potter said:
I received several emails from USCIS saying my I485 and my spouse’s I485 have been approved, and new cards have been ordered. An AUSA just left a message to my cell phone. He confirmed the approval and requested me to file a motion to dismiss the case. Can you believe it? I have been stuck in name check for almost 3 years, and it took only 3 weeks to get everything done after I filed the WOM. Anyway, I am so glad to see my 5.5-year GC journey came to the end.

Wish all WOM filers the best luck and my huge gratitude to this thread and all of you who made contributions to this thread!

Hello potter, this is great news, congratulations. Looks that there is really some effort to complete these backlogged cases, but I still believe that the lawsuits gave them the necessary initial momentum to get moving. If you need a sample how to word the motion to dismiss the case, let us know, we can help.
 
paz1960 said:
Unfortunately, this is not relevant case for the above mentioned purpose. I just looked up on PACER, and USCIS was ready to adjudicate in 8 days after lawsuit dismissed. But again a case where the filing the complaint made USCIS to expedite the pending background check and managed to complete the case before AUSA would file a motion to dismiss or remand etc.
Hi Paz1960
Can you explain how to go to PACER?
Thanks,
 
boondi said:
Hello All,

I don't post much, but I follow up frequently on this forum and take advises. I filed my 1447B on Sep 26th with an attorney. This week, I received a letter to show up for a fingerprint, I was surprised to see such a short notice show up... but overall is this normal. They said, that my previous prints were expired. Has anyone had this experience? Anything to worry about?

I have left a vcmail at lawyers office notifying them of this, they havent called back yet..

I agree, the call for the second fingerprint is a really good sign. They usually schedule this after the name check is cleared, or at least this is what I saw on this forum in several occasions. You are almost there...

Did AUSA respont to your complaint? (motion for extension, simple answer or motion to dismiss or remand). We would appreciate any detail. Because you did this through a lawyer, any Opposition to the defendants motion would be valuable (being written by an expert, not by an amateur like me or the other members of this forum).
 
Any one is thinking of filing a WOM regarding N400 in NY or NJ and would like to join a class action? please let me know.
 
akram88 said:
forgot to mention, I have scheduled an Infopass appointment for next tuesday at 7:30 am. I read that if you go there early I get to speak with some supervisors or something like that. what should I ask for to be transfered to citizenship?

Hi akram88,

I'm not sure about the correct answer, but this is what I would do:
1. I would withdraw my second N-400 application and keep active the first one. The reason for this is that I already had an interview with that one.
2. I would file a complaint based on the still active N-400 application.

You did enough to show even to the standards needed in a WOM complaint that you exhausted all the possible administrative avenues to get your application adjudicated.

But during the Infopass, try to find out what effect (if any) would have on your original N-400 application if you withdraw your second one.
 
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