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

any documents should i expect after filing the lawsuit?

gurus,

i need some help here. i filed the lawsuit (for my 485) about half a month ago in NYC. i was wondering if there are any documents i should expect now.

in fact, i have already received a schedule for conference from the judge on this case. but today, the usps left a notice that there is a letter for me from the zipcode of both the judge and the district attorney. too bad i missed it, but what could that be? anyone had similar experience?

they would not allow me to pick it up until tomorrow, but i am sooo curious and a bit worried now.

any help is appreciated.
 
I Won my WOM

Alright friends, I won the fight against the bastards.

After seven days from filing and serving the defendants, I couldn’t believed it when the honorable Judge ordered a hearing.

The hearing was today at 11.20 am. My attorney office called me at 10.30 am, and connected me to my attorney who was driving in his way to the court.
The attorney told me congratulation. I’m like what, what happened?
He said that the AUSA just called him, saying that he has in his hands two faxes from the CIS, one for the interview appointment within three weeks, and the second one for a new fingerprint appointment, since the one I did has been already expired ”was taken on August-04”.
My attorney said: they better finish this case very quick, it seems like the judge is very angry, and that’s why he ordered a hearing order.
The AUSA said they searched their record, and found out that the plaintiff is right. His background security checks were completed on august, 04. Their record shows his still pending; obviously they didn’t update their crap. CIS are inefficient at all and they need a new system in place right away.
In front of the Honorable judge, the AUSA said: It’s already been done, Mr. Judge. we have everything ready, and he will be sworn in January, if not sooner.
My attorney want to keep the case open until I get my Oath, but the Judge said there is no reason for that. Your client should be happy since we finished his case quickly. If anything went wrong, we can reopen the case.

Now friends, you see, we are right, and they are jus bastards. They are just a bunch of lazy asses, setting on our applications for years for no reasons. They rely on getting us scared to hell, thinking that we are criminals and terrorists.
But we have to show them hell in all courts, nationwide, to make them aware that we will never give up our rights to be proud Americans.

Good luck to everybody still fighting the bastards.

Hopefully I will pass the English test, pray for me :D
 
Last edited by a moderator:
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...

Don't waste your time, file the law sue immidiatelly.

They already interviewed you for the first application.

If the case went to the Judge for a trail, tell him that you was not aware of the 120 days rule when you filed the second application. you just filed it and paid extra $400, thinking that they lost the first one. When you realized this rule, you requested to withdrow it, but they wont let you to do so.

Regards,

Moody
 
cajack said:
Moddy:

Thanks. You will be the next one who wins the battle. The legal system really works and just be a little patient and let legal process take you through it.

Jack
Click to expand...

Jack,

It was much sooner than both of us expected " please look at my signature"

Regards,

Moody
 
lenscrafterslen said:
gurus,

i need some help here. i filed the lawsuit (for my 485) about half a month ago in NYC. i was wondering if there are any documents i should expect now.

in fact, i have already received a schedule for conference from the judge on this case. but today, the usps left a notice that there is a letter for me from the zipcode of both the judge and the district attorney. too bad i missed it, but what could that be? anyone had similar experience?

they would not allow me to pick it up until tomorrow, but i am sooo curious and a bit worried now.

any help is appreciated.
Click to expand...
I don't consider myself a guru in this matter, but I'll try to answer your question.

Did you file your complaint in person or my mail?
If you filed in person, did you receive the summonses from the court clerk? If not (or you filed by mail) did you receive the summonses by mail? If you didn't receive the summonses yet, they may be in the missed mail.

You have to serve the defendants + US Attorney'sOffice + US Attorney General with the summonses + copies of your complaint. After you have proof of service (usually the return receipts of your certified mails) you have to file with the court a Certificate of Service. This is needed to show to the court that the defendants and their counsel (US Attorney of your district) are aware that you are sueing them and when the 60 day period for the answer starts. AUSA(=Assistant US Attorney) has to answer your complaint or file a motion to extend or a motion to dismiss your complaint before the 60 days are up.

Assuming that you already served the defendants and filed the Certificate of Service, the mail can be something related to the scheduled conference. But I won't speculate too much what that mail contains, tomorrow you'll find out.
 
Last edited by a moderator:
thanks pax1960. i know i shouldn't be this anxious--i will find out tomorrow anyways. but the thing is i have received all sommons (and served them already), and i have also received the conference schedul (in a regular mail). the mail today is a certified mail with return receipt request!! how strange...

anyways. i will find out tomorrow.

paz1960 said:
I don't consider myself a guru in this matter, but I'll try to answer your question.

Did you file your complaint in person or my mail?
If you filed in person, did you receive the summonses from the court clerk? If not (or you filed by mail) did you receive the summonses by mail? If you didn't receive the summonses yet, they may be in the missed mail.

You have to serve the defendants + US Attorney'sOffice + US Attorney General with the summonses + copies of your complaint. After you have proof of service (usually the return receipts of your certified mails) you have to file with the court a Certificate of Service. This is needed to show to the court that the defendants and their counsel (US Attorney of your district) are aware that you are sueing them and when the 60 day period for the answer starts. AUSA(=Assistant US Attorney) has to answer your complaint or file a motion to extend or a motion to dismiss your complaint before the 60 days are up.

Assuming that you already served the defendants and filed the Certificate of Service, the mail can be something related to the scheduled conference. But I won't speculate too much what that mail contains, tomorrow you'll find out.
Click to expand...
 
If any body need an excellent attorney in south florida

If any body need an excellent attorney in south florida, here is my attorney contact Information:

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PO.BOX 222011. Hollywood, FL.33022-2011

msukkarlaw@sukkarlaw.com

For his piblography , please visit his website: www.sukkarlaw.com

Don't fight alone, he finished my case in less than 10 days.

Regards,

Moody
 
lenscrafterslen said:
thanks pax1960. i know i shouldn't be this anxious--i will find out tomorrow anyways. but the thing is i have received all sommons (and served them already), and i have also received the conference schedul (in a regular mail). the mail today is a certified mail with return receipt request!! how strange...

anyways. i will find out tomorrow.
Click to expand...

One more thing what you can do tonight. Check on PACER if AUSA filed something with the court in your lawsuit.
 
2-06-cv-10147 Part 1

Hi Guys,
Attached is case of a person who filed Pro Se. First N400 denied, filed second one. Plenty of arguments and motions and counter motions from both sides. Finally case remanded to CIS by judges order. I do not know what the final outcome is; if someone find out let me know too.
 
786riz said:
Hi Guys,
Attached is case of a person who filed Pro Se. First N400 denied, filed second one. Plenty of arguments and motions and counter motions from both sides. Finally case remanded to CIS by judges order. I do not know what the final outcome is; if someone find out let me know too.
Click to expand...

In the judge's opinion it is stated that the background check was completed and USCIS is willing to adjudicate the application in 90 to 120 days if the Court decides to remand. According to the final order, the case was remanded to USCIS "for a prompt determination of Plaintiff’s application for naturalization within ninety (90) days of the date of this order".

I have no knowledge if this adjudication really happened in the ordered timeframe.
 
Update for my case

I got a phone call on 11/8/06 at lunch from my attorney that my name check is cleared. When I got home the same day, I got the oath letter. It is a huge release. I can not be any happier. My oath is schedule 11/21/06. Thank again to everyone on this forum and without all of you I will not get my oath letter that quickly. I will still stick around and try to answer questions and share my experience. For guys, such as Mr. LA, who are still fighting, please keep fighting and you will be the next one to win and just don't give up.

Regards,

Jack
 
786riz said:
Hi Guys,
Attached is case of a person who filed Pro Se. First N400 denied, filed second one. Plenty of arguments and motions and counter motions from both sides. Finally case remanded to CIS by judges order. I do not know what the final outcome is; if someone find out let me know too.
Click to expand...

Just to summarize, in this case the first N400 decison seems to have been made within the normal decison time of the additional information being provided (6/17/02) without any 1447b filing. The petitioner then files an appeal and gets the moral character question reolved but denial stands due to one day late. So he files again immedeatly and is told background check pending so files under 1447b and gets a decision to remand to USCIS for 90 days. I suspect this case is now reolved and the guy has had his oath because no other filing is available under this name in pacer. Is this your understanding ?
 
moody:

A BIG CONGRAT. You did it. I am so happy for you. It is why I love this country. As long as you stand up and fight for your rights, you will get it. I think both of us have been around on this forum about same amount time and we all go through the similar emotional ups and downs. I do really know how you feel right. Finally, we will see the end of tunnel. Hope you will have your oath letter very soon. Congrat. again.

Jack

moody22 said:
Alright friends, I won the fight against the bastards.

After seven days from filing and serving the defendants, I couldn’t believed it when the honorable Judge ordered a hearing.

The hearing was today at 11.20 am. My attorney office called me at 10.30 am, and connected me to my attorney who was driving in his way to the court.
The attorney told me congratulation. I’m like what, what happened?
He said that the AUSA just called him, saying that he has in his hands two faxes from the CIS, one for the interview appointment within three weeks, and the second one for a new fingerprint appointment, since the one I did has been already expired ”was taken on August-04”.
My attorney said: they better finish this case very quick, it seems like the judge is very angry, and that’s why he ordered a hearing order.
The AUSA said they searched their record, and found out that the plaintiff is right. His background security checks were completed on august, 04. Their record shows his still pending; obviously they didn’t update their crap. CIS are inefficient at all and they need a new system in place right away.
In front of the Honorable judge, the AUSA said: It’s already been done, Mr. Judge. we have everything ready, and he will be sworn in January, if not sooner.
My attorney want to keep the case open until I get my Oath, but the Judge said there is no reason for that. Your client should be happy since we finished his case quickly. If anything went wrong, we can reopen the case.

Now friends, you see, we are right, and they are jus bastards. They are just a bunch of lazy asses, setting on our applications for years for no reasons. They rely on getting us scared to hell, thinking that we are criminals and terrorists.
But we have to show them hell in all courts, nationwide, to make them aware that we will never give up our rights to be proud Americans.

Good luck to everybody still fighting the bastards.

Hopefully I will pass the English test, pray for me :D
Click to expand...
 
PendingN400:

I think the letter of intent to sue will not gain any response. It is an optional move. I spoke with an attorney about 3 months ago and she always send out a letter of intent to sue for her clients. But she admit that she never get any response from USCIS. Technically, USCIS can ignore those letter because it is not a legal action. Therefore, don't waste your time.

Jack

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...
 
Hey, Jack:

Congradulations again.

I served AUSA on Oct 10th, so far I haven't received any response from them,
not even AUSA information update on pacer? do you think I should be worried? call him up? or just sit tight and wait for now.

Sky

cajack said:
I got a phone call on 11/8/06 at lunch from my attorney that my name check is cleared. When I got home the same day, I got the oath letter. It is a huge release. I can not be any happier. My oath is schedule 11/21/06. Thank again to everyone on this forum and without all of you I will not get my oath letter that quickly. I will still stick around and try to answer questions and share my experience. For guys, such as Mr. LA, who are still fighting, please keep fighting and you will be the next one to win and just don't give up.

Regards,

Jack
Click to expand...
 
Sky：

Thanks.

Please don't read too much into it. I think it depends on the working style of your AUSA. Sometime, no news is a good news. Usually, if you want, you can contact him around 5,6 weeks into the lawsuit and introduce yourself. You can check with him to see if he has asked USCIS to send request to FBI to speed up your name check. AUSA usually do that. Your AUSA might or might not response to you. But no matter what, he has to file an answer to the federal court after 60 days he is served. My AUSA filed an answer on the 60th day and did not ask for extension. But the answer did not answer anything. It is just the way that AUSA try to buy some time for FBI and USCIS to finish my background check. It might happen to you as well. Based on what I saw on this forum, we need to treat AUSA as a partner and work with him. The bottom line is you should let him know that you are trying to work with him to get this issue resolved as soon as possible. But you are not afraid if he wants to bring this lawsuit into the court. The law is on your side and don't worry too much. I think all of us who filed the lawsuit will go through this stage. You will be fine. Good luck to you and wish you will hear the good news soon.

Jack


skyhigh7 said:
Hey, Jack:

Congradulations again.

I served AUSA on Oct 10th, so far I haven't received any response from them,
not even AUSA information update on pacer? do you think I should be worried? call him up? or just sit tight and wait for now.

Sky
Click to expand...
 
HI, Jack:

thanks for the tips. I will leave it for now. and contact him later.

Sky

cajack said:
Sky：

Thanks.

Please don't read too much into it. I think it depends on the working style of your AUSA. Sometime, no news is a good news. Usually, if you want, you can contact him around 5,6 weeks into the lawsuit and introduce yourself. You can check with him to see if he has asked USCIS to send request to FBI to speed up your name check. AUSA usually do that. Your AUSA might or might not response to you. But no matter what, he has to file an answer to the federal court after 60 days he is served. My AUSA filed an answer on the 60th day and did not ask for extension. But the answer did not answer anything. It is just the way that AUSA try to buy some time for FBI and USCIS to finish my background check. It might happen to you as well. Based on what I saw on this forum, we need to treat AUSA as a partner and work with him. The bottom line is you should let him know that you are trying to work with him to get this issue resolved as soon as possible. But you are not afraid if he wants to bring this lawsuit into the court. The law is on your side and don't worry too much. I think all of us who filed the lawsuit will go through this stage. You will be fine. Good luck to you and wish you will hear the good news soon.

Jack
Click to expand...
 
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