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

who is the officer in charge of san jose sub USCIS office

hi,

i am going to file a 1447<b> as pro se at san jose against USCIS, does anyone know who is in charge of USCIS san jose office? cannot find it online somehow, the uscis website remove quite some information like that out. also when i have the infopass this morning at san jose sub office, the guy who told me my status is still pending background check, when i ask who is his boss, he told me he dont know. very funny!

anyway, if anyone who knows could u please let me know. otherwise, can i just put office in charge as defendant in my pro se complaint form?

thanks,

pearlgal
 
boondi said:
I notice that everyone mentionds 60 Days from filing of 1447b. Where is this stated? Does this mean, that the AUSA has 60 Days to respond to the complaint. Please advise. Thank you.
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Rule 12(a)(3)(A) of the Federal Rules of Civil Procedure states that the United States, an agency of the United States, or an officer or employee of the United States sued in an official capacity must file a written response to the complaint within sixty days after the United States Attorney is served.
 
Hi happyball,

Thanks for your friendly reminder. I contacted AUSA on 10/30, 20 days after all summons were served. Here is the email I got from him on the same day:

Thank you for your note. I received the complaint which you filed and
I have requested the views of the immigration authorities. Once I
obtain those views, I will contact you. If I do not hear anything
within 2 weeks, I will make calls to ensure a response.

So far, after almost 10 days, I have not got any update from him. In fact, I don't know what it exactly means by " I have requested the views of the immigration autorities" . What I understand is he is trying to coordinate with USCIS to see how to resolve this problem. Is there anybody could tell me what I understand is correct?

Thank you happyball for your encouragement and support.

happyball said:
Hi, DelightFish,

Don't worry too much! Differrent case depends on different situations. I think you will hear your good news soon!

There is one thing you should think to start now is to contact the AUSA who assigned to your case. If you already did, skip the following informations. When you talk with your AUSA, be polite and make him/her work for you. By talking with the AUSA, you will find out whether the AUSA is working on your case? Whether the AUSA contact USCIS or FBI yet for your case? If not, make him/her do it. And you can through AUSA to push USCIS and FBI to work hard on your case. Once it start, you will hear the good news very soon! My point is try to get AUSA, USCIS and FBI start working on your case before 60 days deadline. Then everything should be simple.

Good Luck!
And as you said to be brave and keep up courages!

:)
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Congradulations, Jack. This is a great news for all of us fighting for this.
I filed my 1447b Pro Se in Southern district of CA, and still waiting for
response.

Sky

cajack said:
Just an update for my case. I got a call from my attorney and told that my NC is cleared and USCIS is going to schedule me the next available oath. It could be as soon as next week. Thanks everyone on this forum and I feel lucky that I found this forum right after my interview. Without all of you, I could be still waiting endlessly. I will stick around on this forum to share my experience and answer question if I can. The lawsuit really works and everyone should go for it. Good luck to everyone who is still waiting.

jack
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Sky:

Thank you very much and you will hear good news soon. With 1447b, USCIS does not have legal ground. Wish you the best,

Jack

skyhigh7 said:
Congradulations, Jack. This is a great news for all of us fighting for this.
I filed my 1447b Pro Se in Southern district of CA, and still waiting for
response.

Sky
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WOM filed today!!!

I filed WOM on behalf of my brother today (I mean he filed it and I helped him). His priority date is 01/2004 for I-485 based on marriage based AOS. He had interview on 07/2005 (name check pending) and since then he have not recieved even temporary green card.
Finally, we filed WOM today and hope for best. Any suggestion are welcome!
 
Any one interested in filing a WOM in NY or NJ please let me know. There is a class action in the works.
 
N.D. GA cases?

Needsolution, thanks for posting those cases.

Does anyone know of any cases in the Northern District of Georgia apart from Elshorbagi v. Gonsalez?
 
Newark Infopass

here is the output of my visit yesterday to Newark DO.
my appointment was at 7:30 am. I got inside at about 8:00, the first thing I told the lady at the window was that I want to go upstairs. After she checked on my file and saw that I have two N400s she got confused and sent me upstairs to the 15th floor.
I got to the 15th floor and within 2 hours I got to speak to some lady. She was almost my age and for the first time I got to speak to someone nice at immigration. she told me that my name check is still pending and then after I told her that I have two applications and that I want to withdraw one of them, she told me that she saw this on the system and that she was surprised how this was possible, she said that they shouldnt have accepted the second one in Vermont. then she told me that she doesnt think she can withdraw the second one from Newark and that I have to call Vermont for that.
we chatted a bit and she was telling me all the time joking to not to send more N400s cos it's not gonna change anything in my application cos the name check is out of their control. and that if she was me she'd call vermont and try to get her money back...
I left at around 9:30 am and decided to go to the FBI office which is few street down from the immigration building.
I went there and in 20 mins got to speak to a special agent, he was nice and sounded that he didn't know anything about the name check program. he took my information and said that he'll contact the name check people to see if there is anything the newark FBI can do about it. his first thought was that my file is stuck somewhere at immigration and that they're trying to blame it on someone else... I'm supposed to call him next week.
what I've learnt from this experience is that no one at government really knows what is going on. all government agencies are really impotent and they need some new centralized electronic system.
 
akram88 said:
here is the output of my visit yesterday to Newark DO.
my appointment was at 7:30 am. I got inside at about 8:00, the first thing I told the lady at the window was that I want to go upstairs. After she checked on my file and saw that I have two N400s she got confused and sent me upstairs to the 15th floor.
I got to the 15th floor and within 2 hours I got to speak to some lady. She was almost my age and for the first time I got to speak to someone nice at immigration. she told me that my name check is still pending and then after I told her that I have two applications and that I want to withdraw one of them, she told me that she saw this on the system and that she was surprised how this was possible, she said that they shouldnt have accepted the second one in Vermont. then she told me that she doesnt think she can withdraw the second one from Newark and that I have to call Vermont for that.
we chatted a bit and she was telling me all the time joking to not to send more N400s cos it's not gonna change anything in my application cos the name check is out of their control. and that if she was me she'd call vermont and try to get her money back...
I left at around 9:30 am and decided to go to the FBI office which is few street down from the immigration building.
I went there and in 20 mins got to speak to a special agent, he was nice and sounded that he didn't know anything about the name check program. he took my information and said that he'll contact the name check people to see if there is anything the newark FBI can do about it. his first thought was that my file is stuck somewhere at immigration and that they're trying to blame it on someone else... I'm supposed to call him next week.
what I've learnt from this experience is that no one at government really knows what is going on. all government agencies are really impotent and they need some new centralized electronic system.
Click to expand...

This is intriguing. Please post what you find out from your FBI agent.
 
Letter of Intent to Sue

Does any one have opinon on this letter of intent to sue prior to actual filing of the lawsuit? The AILF 1447 explainer recommends that every one do this as the first step. Can CIS deny your application simply based on this threat of lawsuit and therefore retain jurisdiction (will have to go through appeals and then only go to district court)? Also, is it essential to include a draft copy of the petition? Thanks for replies to this question. I need to do this soon.
 
ditto

akram88 said:
what I've learnt from this experience is that no one at government really knows what is going on. all government agencies are really impotent and they need some new centralized electronic system.
Click to expand...

ditto
 
class action suit in Houston?

zoro3 said:
Any one interested in filing a WOM in NY or NJ please let me know. There is a class action in the works.
Click to expand...

I am hearing the same thing for Houston too. Does anyone know anything about that?
Thanks,
 
paz1960 said:
Rule 12(a)(3)(A) of the Federal Rules of Civil Procedure states that the United States, an agency of the United States, or an officer or employee of the United States sued in an official capacity must file a written response to the complaint within sixty days after the United States Attorney is served.
Click to expand...

Thanks for the info Paz. Can I assume, that the AUSA will be responsible and reply within this timeframe. I travel a lot at work, thus I have given my case to be handled by an attorney. I recently called them, and they were, that the AUSA's reply's in 120 days. I knew that was incorrect......

Anyways, I dediced not to bug the attorney's office too much, as they are probably dealing with 1 mil cases. So back to the question, can I just sit back and relax and wait for some response by 60 days?
 
boondi said:
Thanks for the info Paz. Can I assume, that the AUSA will be responsible and reply within this timeframe. I travel a lot at work, thus I have given my case to be handled by an attorney. I recently called them, and they were, that the AUSA's reply's in 120 days. I knew that was incorrect......

Anyways, I dediced not to bug the attorney's office too much, as they are probably dealing with 1 mil cases. So back to the question, can I just sit back and relax and wait for some response by 60 days?
Click to expand...

The AUSA definitely will file something with the Court before the 60 days deadline. I don't remember that I saw one single case, which ended with default judgement in the Plaintiff's favor because the Goverment failed to respond to the complaint in 60 days.

Usually, they file either an Answer to your complaint, or a Motion to extend the time to answer or move, or a Motion to dismiss or remand. If they ask for more time (Motion to extend) you can object, but it is very likely that the Court will grant them the extension, even if you don't agree. If they file simply an answer to your complaint, there is no need to oppose that answer, but you still can move and file a Motion for Summary Judgement. If they file a Motion to Dismiss or Remand, you have to oppose that. In my court the time to file an opposition to a motion is 28 days and limited to 25 pages.

Because you filed through an attorney, I am not sure what you can do till the 60 days are up.

Usually it is recommended that the Pro Se Plaintiff should contact the US Attorney's Office as soon as somebody was assigned to his/her case and try to build a working relationship with the AUSA. If (s)he understands better your case and the options (s)he may have, there is a greater chance that AUSA will put pressure on the FBI and USCIS to complete your background check and adjudicate your application before reaches some later phase of the whole process.

I would trust my attorney but I would ask him/her about the opportunity to contact AUSA before the 60 days deadline.
 
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!
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Hi, DelightFish:

As you can see in my signature, we almost have the same WOM filing dates. I also sued FBI and am still lwaiting for the USPS "green card". Last time when I filed the FOIPA with FBI, it took 2 months to get back the mail certification card. I'm expecting the same would happen this time, but that would leave me no time to file the service proofs before the 60 days deadline. So, I was planning to just use the USPS online printout to prove that I've served FBI...

But then my wife received a notification on Monday (11/7) from USCIS local office (our cases were transferred) to come in for an interview on next Tuesday for matters regarding "I-485 Adjustment of Status" and she was asked to bring passport, earlier EADs and APs with her. We don't know if that means her NC has been cleared or not, but we surely hope so and it does look like that. She's already finished the I-485 interview and I don't think there is another reason for a 2nd one... BTW, we haven't contacted our AUSA yet and was preparing to do so 2-3 weeks before the deadline.

Just for your information.
 
Last edited by a moderator:
Hello PendingN400,
In this forum several folks mentioned that they have sent letter to USCIS with intent to file suit but in reply they only got a standard reply stating that name check is pending and do not know how long will take.
To write a letter or not to write, depends upon your situation, if you are filing 1447b then you do not have to but for WoM you need to show that you exhausted all of the available remedies, so this letter will be helpful.
I do not think that due to law suit or this kind of letter makes USCIS to retaliate and deny your application.
Folks in this forum recommend to attach copy of your complain with the letter.
Thank you.


PendingN400 said:
Does any one have opinon on this letter of intent to sue prior to actual filing of the lawsuit? The AILF 1447 explainer recommends that every one do this as the first step. Can CIS deny your application simply based on this threat of lawsuit and therefore retain jurisdiction (will have to go through appeals and then only go to district court)? Also, is it essential to include a draft copy of the petition? Thanks for replies to this question. I need to do this soon.
Click to expand...
 
PendingN400 said:
Does any one have opinon on this letter of intent to sue prior to actual filing of the lawsuit? The AILF 1447 explainer recommends that every one do this as the first step. Can CIS deny your application simply based on this threat of lawsuit and therefore retain jurisdiction (will have to go through appeals and then only go to district court)? Also, is it essential to include a draft copy of the petition? Thanks for replies to this question. I need to do this soon.
Click to expand...

I agree with 786riz. I sent USCIS a letter asking them about the status of my application and requesting an expedite on my name check, giving them a good reason (at least I thought that it is good), why I'm asking the expedited processing. At the end of the letter I mentioned 1447(b) and the 120 day timeframe and requested a confirmation that they initiated an expedited name check process with FBI, letting them know that if they don't act till certain date (I gave them only 2 weeks, plenty of time to send a fax to FBI and request expedite), I will file a complaint in the District Court. I didn't send the draft of the complaint.

USCIS answered my inquiry before the 2 weeks deadline but it was only the standard computer printout '...At this time your application contnues to be on hold pending the outcome of a routine security background check. No action can, or will, be taken on your application until all required background checks have been completed....' After the deadline I gave them expired, next day I filed my complaint.
 
Hi Madison04,

Thanks for sharing your information!

The second interview for your wife seems to me a very good sign. Very possibly, her name check has been cleared. If so, she may get her I-485 approved on the 14th. Please keep us posted.

You can wait until 14th to see how you are going to file the certificate of service and call the AUSA. Maybe it is not necessary by then.

Good luck!


Madison04 said:
Hi, DelightFish:

As you can see in my signature, we almost have the same WOM filing dates. I also sued FBI and am still lwaiting for the USPS "green card". Last time when I filed the FOIPA with FBI, it took 2 months to get back the mail certification card. I'm expecting the same would happen this time, but that would leave me no time to file the service proofs before the 60 days deadline. So, I was planning to just use the USPS online printout to prove that I've served FBI...

But then my wife received a notification on Monday (11/7) from USCIS local office (our cases were transferred) to come in for an interview on next Tuesday for matters regarding "I-485 Adjustment of Status" and she was asked to bring passport, earlier EADs and APs with her. We don't know if that means her NC has been cleared or not, but we surely hope so and it does look like that. She's already finished the I-485 interview and I don't think there is another reason for a 2nd one... BTW, we haven't contacted our AUSA yet and was preparing to do so 2-3 weeks before the deadline.

Just for your information.
Click to expand...
 
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