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

[RealSuperK]

i thought the answer was pethetic, a seven grader, can do better, but you should stress the fact that they ddint mention the other courts wheere Hovaspian have been held different, they should know better, they have to metion the case number, and what court, all that details, so as far you and the court are concerned, that deosnt mean crap, you can say the curt have hold this or that, but unless you specify what court, and what case, and what teh holoding/ruling said, just you saynig is not good enoug, so you have to hit them very hard on that.

I'll definitely point out that weak argument. For a good measure, I'll list some cases that agreed with Hovsepian. I'll even go ahead and list the case where USCIS was ordered to clear the name check in a certain amount of time. I'll counter their opinions with facts. That's all I can do.

 

[RealSuperK]

Hi guys and girls,

I just got a call from local CIS office and was told that they are going to have an oath ceremony for me tomorrow.

Many many many .... thanks to mohamedmohamed, EGYPTIANCASTLE, bashar82, Screaming_Eagle, Suzy, Public and all other people who helped me!

For your information, I filed my case on April 6th. The atty's office did not even ask me to dismiss the case, it is strange.

I will go apply for the passport right after the oath ceremony in case they change their mind later.

Once again, thank you all people here.

Congrats! Obviously people in your district court are way smarter than the ones I'm dealing with. Enjoy your victory!

By the way, which district court did you file with?

 

[miumiu1977]

Eastbayer

Congrats! How did you find it out? Did you just check the USCIS web site? Did you have to deal with the US Attorney/court/USCIS at all during this process? Thanks.

I got a letter says my case was approved and I will get my card very soon. I never have contacted US attorney regarding my case after I filed. I tried to call them once and left a msg but they did not return my call. I was very aggressive pushing name check last two months. I don't know which approach made this happen. I will dismiss my case after I get greencard in hand.

 

[ournyla]

Well, they can test my balls as much as they want. (Especially if AUSA is hot... kidding ) I still got them attached to my body and I'm NOT going away without swinging. I just can't believe that AUSA would file an answer filled with what it seems to be her personal opinions about things without even trying to back them up with some sort of legal reasoning. "FBI got a backlog, so the delay is reasonable". What kind of crap is that? Show me a statue or a regulation that says "Unless the delay hits 24/26/48/60 months, it's reasonable" because I can show you the regulation that says that you got 120 days after ther interview to make a decision the case. Show me something to back up your claim that they didn't violate anything because I can show you the memo where DOJ says that they DO violate 335.2(b) Give me the list of cases where "numerous other cours have stated different holdings from the Hovsepian case" Hell, throw the Danilov case at me in desparation. Just don't file such an unprofessional response.

Hm, I might have just wrote up the first draft of my response to their response. Kidding

They will not take it that far.If AUSA know that he is going to loose, he will take care of ur case before it goes to court, I guess they are just buying the time. They have been doing it with several people.

 

[Suzy977]

Hi guys and girls,

I just got a call from local CIS office and was told that they are going to have an oath ceremony for me tomorrow.

Many many many .... thanks to mohamedmohamed, EGYPTIANCASTLE, bashar82, Screaming_Eagle, Suzy, Public and all other people who helped me!

For your information, I filed my case on April 6th. The atty's office did not even ask me to dismiss the case, it is strange.

I will go apply for the passport right after the oath ceremony in case they change their mind later.

Once you got your Naturalization certificate, USCIS can't just change its mind...there in no administrative "denaturalization", it can happen only through the Court, in other words USCIS doesn't have the power to take your Naturalization certificate away...only a District Judge, or a superior court can do that

Once again, thank you all people here.

This is fantastic. When Publicus told me that he will start this thread, I knew that he had a great idea (especially for my own situation, since I was about to sue CIS and I didn't know much about Writ of Mandamus and 1447(b)...and my b.s. "lawyer" asked me initially for $20,000 to file WOM in the Circuit Court...the moron even didn't know where the lawsuit was supposed to be filed )

Now, after few months, I can't believe so many people educated themselves and achieved their goal with $0.00 spent on lawyers.

It's great guys, keep this thread rolling.

And, "backues" and other happy campers, CONGRATULATION, good job.

 

[mohamedmohamed]

Hi guys and girls,

I just got a call from local CIS office and was told that they are going to have an oath ceremony for me tomorrow.

Many many many .... thanks to mohamedmohamed, EGYPTIANCASTLE, bashar82, Screaming_Eagle, Suzy, Public and all other people who helped me!

For your information, I filed my case on April 6th. The atty's office did not even ask me to dismiss the case, it is strange.

I will go apply for the passport right after the oath ceremony in case they change their mind later.

Once again, thank you all people here.

you have made it man, good luck, at least now you can focus on some other important things in your life , and get some rest, it is a big load of your shoulder now

 

[amo585]

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. Where did you file your case? Thanks...

 

[mohamedmohamed]

I'll definitely point out that weak argument. For a good measure, I'll list some cases that agreed with Hovsepian. I'll even go ahead and list the case where USCIS was ordered to clear the name check in a certain amount of time. I'll counter their opinions with facts. That's all I can do.

one of your best arguments is the case of Al-Kudsi, oregon district court, it is vailable her, but i will post the attachement again just you have it, it is on the second page if i can rememeber, in that case the judge order the USCIS "if they can finish the nam check in the period of time precised by the statite 1447 (b), in they cant finish it by hten, just consider it finished"
it is on the 3ed paragraph, page 2, and the best part they only have 2 weeks to respond to this, and very likely the court will call a conference , or case managment meeting some time soon, i love when some act stupid like that, they just make soo easy on you , to crush their argument, and make them look really, really stupid

 

[mohamedmohamed]

I got a letter says my case was approved and I will get my card very soon. I never have contacted US attorney regarding my case after I filed. I tried to call them once and left a msg but they did not return my call. I was very aggressive pushing name check last two months. I don't know which approach made this happen. I will dismiss my case after I get greencard in hand.

it doesnt matter, as long as you got your green card, the rest isnt important
i think we should some how keep track of who is suing, Versus who is winnig , and how long does it take to finish teh case, ina form of graph, or table, or something, just to see what progress are we making as a group.
good luck, oh by the way, just to think of it, i realize that i have two governement lawyers working on my case, the local US attorney, and another attorney from the USCIS district office, appearent one cant handle it.

 

[RealSuperK]

one of your best arguments is the case of Al-Kudsi, oregon district court, it is vailable her, but i will post the attachement again just you have it, it is on the second page if i can rememeber, in that case the judge order the USCIS "if they can finish the nam check in the period of time precised by the statite 1447 (b), in they cant finish it by hten, just consider it finished"
it is on the 3ed paragraph, page 2, and the best part they only have 2 weeks to respond to this, and very likely the court will call a conference , or case managment meeting some time soon, i love when some act stupid like that, they just make soo easy on you , to crush their argument, and make them look really, really stupid

Thanks for the tip.

I wonder what "unpublished" means. Does it mean that I can't get a copy of it anywhere? I'd love to get a copy of judge's ruling on that one.

 

[mohamedmohamed]

Thanks for the tip.

I wonder what "unpublished" means. Does it mean that I can't get a copy of it anywhere? I'd love to get a copy of judge's ruling on that one.

not exactly, you can get a copy of it, but not from the court website, or PACER, you can get it from other sources, may liek LExUS NexUS , i think some one here may know how that wrk, but you i beleive that the attachement, i posted here, may satisfactory, it show the cases number, and what court issue the ruling, in the worst case you still better than the US attorney, i tleast you some document that ack your up

 

[backues]

Congrats! Obviously people in your district court are way smarter than the ones I'm dealing with. Enjoy your victory!

By the way, which district court did you file with?

Thanks.

I filed in Southern District of Ohio. Hope to hear good news from you soon. Good Luck.

 

[Eastbayer]

Thank you: Pharmboy and kenny485

You can sign up at the following web address http://pacer.psc.uscourts.gov/
All you need is a credit card. They charge you per page viewed. Yes, you can sign up as an individual.
Hope this answer your question.

 

[backues]

Thanks mohamedmohamed

you have made it man, good luck, at least now you can focus on some other important things in your life , and get some rest, it is a big load of your shoulder now

I could not make it without your and other people's help. Yes, I will try to get some rest. I have been busy on studying the cases last two months.

Good Luck on your case too.

 

[Eastbayer]

Where did you file?

Hi guys and girls,

......

For your information, I filed my case on April 6th. The atty's office did not even ask me to dismiss the case, it is strange.

.

May I ask where you filed your complain and when you started contacting the US attorney's office?

Thanks

 

[Eastbayer]

Strike back

....

Hm, I might have just wrote up the first draft of my response to their response. Kidding

It seems that the journeys to sucess differ a lot, depdending on where you live. People who live on the coasts appear to be the lucky ones. (Well, could be their loss too---never have a chance to see and talk to a real judge outside a movie theatre). Nevertheless, you got the bullets. Fight back and we all stand by you!

 

[andrew2006]

A question, is there anything that says USCIS should initiate name check when I-485/N-400 was filed? I am thinking of amending my peition.

 

[Haddy]

Well, they can test my balls as much as they want. (Especially if AUSA is hot... kidding ) I still got them attached to my body and I'm NOT going away without swinging. I just can't believe that AUSA would file an answer filled with what it seems to be her personal opinions about things without even trying to back them up with some sort of legal reasoning. "FBI got a backlog, so the delay is reasonable". What kind of crap is that? Show me a statue or a regulation that says "Unless the delay hits 24/26/48/60 months, it's reasonable" because I can show you the regulation that says that you got 120 days after ther interview to make a decision the case. Show me something to back up your claim that they didn't violate anything because I can show you the memo where DOJ says that they DO violate 335.2(b) Give me the list of cases where "numerous other cours have stated different holdings from the Hovsepian case" Hell, throw the Danilov case at me in desparation. Just don't file such an unprofessional response.

Hm, I might have just wrote up the first draft of my response to their response. Kidding

RealSuperK,

This is better... Dont forget to mention to the court that it seems the counsel has not even tried to look into the law details under 1447b 120 days rule and other reference cases... ask judge (in your prayer again) to now delcare a written and strict approval notice to defendants thru their consel that they have to process the case within 10 days or whatever you want to put in...

I think you response is all ready just starting adding these points together... Mohamed gave you real cool points...

Good Luck... May God Be With You... I Pray For You...

 

[Haddy]

Dismissal with prejudice means you can't refile the complaint. You need to dismiss the case without prejudice. Also negotiate with AUSA specific time until oath, so the dismissal letter would have a strict time until CIS should naturalize you.

MamothSkier,

Very Well Caught... that was one reason when I felt like the lawyer is playing games...

 

[Haddy]

Dismissal with prejudice means you can't refile the complaint. You need to dismiss the case without prejudice. Also negotiate with AUSA specific time until oath, so the dismissal letter would have a strict time until CIS should naturalize you.

MamothSkier,

Very Well Caught... that was one reason when I felt like the lawyer is playing games...