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

boondi said:
Sorry, I missed answering second part of your question. I will see if there was any responses from my lawyer, and try to get a soft copy.
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Boondi,

Any update on your case? I have been looking for you posts for couple of days. Also, did you manage to get a copy of the response for us?

- Memme.
 
BosN400 said:
Thank you for the suggestions. I replied to his email and basicaly asked two questions:

1. Whether the background check is completed

2. If the background check is completed why do they need 2-months and If I remand it, will there be any promise for oath date in 2-month?

Here is the reply he emailed to me (quoted):

"CIS has completed all necessary background checks and is prepared to naturalize you. Because you have filed in district court, the court presently has jurisdiction and CIS cannot perform the naturalization unless your case is remanded to them. In the past this is done by an agreed request to the Court for remand.
I hope that adequately explains the situation. If not, I am happy to answer any further questions.
I propose the following language for the motion

Now come the parties to request that the instant matter be remanded to the Bureau of Citizenship and Immigration Services. By way of background, Petitioner/Plaintiff, x w("W") applied for naturalization in December 2005. W was interviewed in connection with the naturalization application in January 2006. The instant matter was filed, inter alia, to compel the Bureau of Citizenship and Immigration Services to Act upon the Petition, or, alternatively, seeking an naturalization hearing before this Court. See Complaint.

All necessary checks have been completed and, if remanded, the naturalization petition can be approved and the Petitioner scheduled for naturalization within sixty days of the Order of remand. The parties hereby request that the matter be ordered remanded so that the Petitioner may be naturalized. The parties also request that the matter be restored to this Court’s docket if naturalization is not completed within sixty days. "

I am thinking to just give them 30 days. I guess it can be done within 2 wks since all necessary checks have been completed. I remember in some state an oath letter can be given right after the interview. Not sure why they can not do it in Boston

Guys, what do you think I should reply.

Thanks!
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Good job, BosN400.

It seems to me that your AUSA is cooperative, and the agreement he suggested looks good to me, personally.

I suggest you to contact him again, and tell him you agree to 30 days only to protect your self from further delay, which is by the way is enough and adeqaute for the CIS to give you the Oath, since you already been interviwed.

Most likly he will say let me contact the CIS and see if they will agree about the 30 days timeline and get back to you.

If the CIS is not playing a nasty game, they should not have any problem with the 30 days.

Best wishes,

Moody
 
Crusher said:
I would like to share my experience with folks who choose to fight to get what they are entitled to by LAW. Since the day of my interview, when the officer smiled and said not to worry.... background checks are resolved in matter of a couple of months, I could tell what they were up to. We went through the same nonsense when my wife naturalization got stuck for more than 2 years. My wife and I knew that there is no magical 120-day time limit statute that can be used for WOM. So we collected everything (from the contact info of the interviewer all the way to FBI, Congressman, Senator responses and ofcourse Infopass disappointments.... All IN WRITING.

I decided to file the WOM, ProSe, no matter what happens because I could always bring a good lawyer on board to take care of the appeal process. To our surprise, we did not get the pleasure to talk to US Attorney, because two weeks after we served the defendants, a letter from District Director arrived in which it was written the case is ready for completion.. I guess he meant adjudication.... The finger prints had to be re-taken. Another two weeks after the fingerprints were taken, we received the approval letters for both I130 and I485.

We came to this conclusion that the WOM worked like a charm. There was no way to get them moving this quick without litigation. I am indepted to all the folks who shared their experience in this thread. I sincerely hope that everyone's misery ends soon, and this Name Check Monster Program gets the kick. It is so stupid and unfair that innocent people who choose a legal path to immigration are penalized and those who do not are rewarded.

Just keep fighting for your rights and you will prevail!

Cheers...

- Crusher
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Congratulation my friend.

Enjoy the victory, and celebrate with your wife tonight with a nice dinner.

Regards,

Moody
 
Received my FOIPA

Hi Guys,
I have sent a FOIPA request to FBI on 10/17/06, they received on 10/23/06, replied back to me on 11/2/06 and I received on 11/06/06. Per them “No records responsive to your FOIPA request were located by a search of the automated indices”. I have attached the letter and fact sheet.
In the letter it is mentioned that “You may file an administrative appeal by writing to the Director”. My question is, why do I need to file an appeal or why someone file an appeal when they have found nothing?
Thank you.
 
786riz said:
Hi Guys,
I have sent a FOIPA request to FBI on 10/17/06, they received on 10/23/06, replied back to me on 11/2/06 and I received on 11/06/06. Per them “No records responsive to your FOIPA request were located by a search of the automated indices”. I have attached the letter and fact sheet.
In the letter it is mentioned that “You may file an administrative appeal by writing to the Director”. My question is, why do I need to file an appeal or why someone file an appeal when they have found nothing?
Thank you.
Click to expand...

Looks that since August when I received a similar 'no record' answer to my FOIPA request, FBI simplified the 'canned' letter. In my case they included at least my name, address and a case number and they instructed me to use that reference number if I want to file an appeal. I asked the same question as 786riz, what can I appeal if they don't have anything about my name?

I was thinking for a while to file an appeal and ask them, why they don't clear my name if they don't have anything about me. However, most likely they will not tell us what is the result of the "reference" file search, so I gave up. Supposedly, everybody who got stuck in this name check black hole has his/her name indexed in another investigative file, which triggered a manual search. It is disturbing that the government has something about us and they don't want to tell, what is it.
 
Happy to hear from you

Hi paz,
Happy to hear from you, I took out my name and ref number before scanning it.
Keep up the good work.
Thank you.


paz1960 said:
Looks that since August when I received a similar 'no record' answer to my FOIPA request, FBI simplified the 'canned' letter. In my case they included at least my name, address and a case number and they instructed me to use that reference number if I want to file an appeal. I asked the same question as 786riz, what can I appeal if they don't have anything about my name?

I was thinking for a while to file an appeal and ask them, why they don't clear my name if they don't have anything about me. However, most likely they will not tell us what is the result of the "reference" file search, so I gave up. Supposedly, everybody who got stuck in this name check black hole has his/her name indexed in another investigative file, which triggered a manual search. It is disturbing that the government has something about us and they don't want to tell, what is it.
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memme said:
Boondi,

Any update on your case? I have been looking for you posts for couple of days. Also, did you manage to get a copy of the response for us?

- Memme.
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Hello,

No updates as of yet. I have called the attorney, and they have no updates either. There was no response filed.

I guess it is a waiting game now... Below is my timeline for better understanding.

N400 PD: 5/3/05
1st FP: 6/11/05
FP approved: 6/11/05
Interview Notice Date: 8/1/05
Interview Date: 10/13/05 (Exams Passed - Pending NC)
Filed 1447b: 9/26/06
2nd FP: 11/1/06
Oath: ??
 
paz1960 said:
Looks that since August when I received a similar 'no record' answer to my FOIPA request, FBI simplified the 'canned' letter. In my case they included at least my name, address and a case number and they instructed me to use that reference number if I want to file an appeal. I asked the same question as 786riz, what can I appeal if they don't have anything about my name?

I was thinking for a while to file an appeal and ask them, why they don't clear my name if they don't have anything about me. However, most likely they will not tell us what is the result of the "reference" file search, so I gave up. Supposedly, everybody who got stuck in this name check black hole has his/her name indexed in another investigative file, which triggered a manual search. It is disturbing that the government has something about us and they don't want to tell, what is it.
Click to expand...

From what I read FOIPA and Name check scan the same indices. Whereas the FOIPA looks for idents (Name/DOB exact match) and then Addresses, SSN etc, name check tries to match similar sounding names and "close" DOB. They call these 'Hits'. I know this phrase from previous work in credit reporting industry where such approximate searches were called "hit levels". A decade ago credit reporting industry also used such approximate searches to look for your credit information and frequently credit reports back then would have lot of information that did not pertain to you at all and you would have to call in and dispute information with the agency. Finally in mid ninetees after a lot of public outcry Federal Credit Reporting Act stepped in and mandated credit reporting houses to improve their search or shut down. since then 'hit levels' gave way to better search techniques in credit industry. So my guess is that this name check produces a "hit" report and an optional ident report that manually is examined and refined.
 
Hi Guys,

Few days back, I saw a tracker of all pending lawsuits 14470b and WOM by city/state - would you guys know the link for it? I am not able to find it today..
 
Hi lotech,
Did not hear from you for a while, how’s everything going? Any new thing happened in your case?
Thank you

lotechguy said:
From what I read FOIPA and Name check scan the same indices. Whereas the FOIPA looks for idents (Name/DOB exact match) and then Addresses, SSN etc, name check tries to match similar sounding names and "close" DOB. They call these 'Hits'. I know this phrase from previous work in credit reporting industry where such approximate searches were called "hit levels". A decade ago credit reporting industry also used such approximate searches to look for your credit information and frequently credit reports back then would have lot of information that did not pertain to you at all and you would have to call in and dispute information with the agency. Finally in mid ninetees after a lot of public outcry Federal Credit Reporting Act stepped in and mandated credit reporting houses to improve their search or shut down. since then 'hit levels' gave way to better search techniques in credit industry. So my guess is that this name check produces a "hit" report and an optional ident report that manually is examined and refined.
Click to expand...
 
786riz said:
Hi lotech,
Did not hear from you for a while, how’s everything going? Any new thing happened in your case?
Thank you
Click to expand...

Nothing yet. Congressman inquiry came back with "waiting for name check".
 
I-485 approved after WOM Pro-Se

Dear All,

I got Approval notice/Welcome notice/Card ordered notice by e-mail yesterday.
4 weeks after filing the complaint to the Federal District Court.

Thanks a lot for everybody. You are the best, I can't do it without you guys.

2/2003 I-140 Notice Date NIW, NSC
9/2004 I-140 Approved Date
9/2004 I-485 Notice Date

Three fingerprints, one AP, two EADs for me and my spouse


9/13/2006 found this forum and inspired by the friends here;
inqiry, wrote to congressman, did research on pacer, etc.
10/10/2006 filed WOM
10/11/2006 summons served
11/07/2006 I-485 approved
 
Hi Northcoast99,

Congratulations! Enjoy your victory!

How about your spouse's I-485? As you said, the NC of your spouse has been cleard. Did your spouse's I-485 also get approved on the same day?

Thanks.


Northcoast99 said:
Pro Se, just for me, because my spouse's NC was cleared when the congressman checked it for me.
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Hi Northcoast99,

One more question for you. Have you got your mailing return confirmation card "green card" back from FBI?

I have not got my "green card" back from FBI. I am just wondering how about yours.

Thanks and Congratulations again!


Northcoast99 said:
Pro Se, just for me, because my spouse's NC was cleared when the congressman checked it for me.
Click to expand...
 
Hello lotech,
How long congressman took to respond back to you, I sent to Rep. Miller on October 30th?

Thank you


lotechguy said:
Nothing yet. Congressman inquiry came back with "waiting for name check".
Click to expand...
 
Return receipts

DelightFish said:
Hi Northcoast99,

One more question for you. Have you got your mailing return confirmation card "green card" back from FBI?

I have not got my "green card" back from FBI. I am just wondering how about yours.

Thanks and Congratulations again!
Click to expand...

Hi, DelightFish,


I think it is not necessary to wait all the return receipts "green card" back. Post office deliveried my complaint and summons to FBI on 09/11. I still have not got this "green card" back from FBI. For your certificate of service or proof of service, you can go to your post office or USPS wesite to print out the dilivery information to file to your court. This works in California.


Good luck!
:)
 
Hurray!! I-485 Approved after WoM Lawsuit (Pro Se)

First and foremost is my gratitude and thanks to the helpful folks on this forum. I can not thank enough for the support, assistance and the guidance I received from the friends on this forum. Our combined effort has brought me this victory for which I waited endlessly for many months.

I got the approval letter for the I485 from the local USCIS office yestarday on 11/7. The moment was very soothing and of relief while I read the letter and I could not avoid my eyes getting wet.

The approval came about 7 weeks after I file the WoM lawsuit (Pro Se). I am so happy since I read that letter. :D

I had posted messages about my experience at varoius stages of the process in this thread and would like to contribute in any way I can. So, folks, feel free to send me messages if you need any information that I may have.

Again, thanks to all of you and best of luck. :)

- Memme.
 
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