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

Hahahahahahaha

mohamedmohamed said:
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. :D :D
Mohamed,

You are making not one TWO lawyers to work hard on your case... WELL DONE... I think you have won your case... Case Adjourned... :)
 
Congratulations!!!

backues said:
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. :D

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.
Very Well Done... Congratulations... You Deserve to Enjoy Your Success...
 
andrew2006 said:
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.
Andrew,

I have not seen as such any law stating that... but I read a case where the Plaintiff mentioned about "...generally the procedure of USCIS is to initiate the name check right after filing the I-485 application..."

I hope Mohamed, Suzy, RealSuperK, and all wonderful people can give some more info on this...

BUT wait a minute...

You are thinking of amending the complaint... you do know that after amending you will be giving defendants another 60 days time... can you please explain why you are looking for amending the case... if it is because you mentioned or forgot to mention about the general rule of initiating the name check... dont worry about it... dont even bother... but if it is more than that... then please throw some light and tell us more...

Rest the decision is yours... But if you do mention it... very fine people like Mohamed, Suzy, Real Super K, and many others (sorry I am bad with remembering names...) will look at it and will give you sincere suggestions...
 
Houston Filers

Anyone filed WOM in Houston, It seems as the AUSA is not giving up without a fight in houston. Do we have any sucess stories for WOM in Houston? Everyone I spoke to have a negative sucess in Houston.
 
Eastbayer said:
May I ask where you filed your complain and when you started contacting the US attorney's office?

Thanks

You are welcome. I filed my case in the southern district of OH. I called the attorney's office a week after I filed the case. :) At that time there was no attorney assigned to my case yet. Guess I was not that patient. :rolleyes: But I did get to talk to a lady who is in the office and she said she might be able to help me if I tell her what the case is about, she is not an attorney though. So I told her my story.

On May 9th, I called the attorney's office again. This time I did not get to talk anyone except the clerk. She put me on hold for a while and then told me that they were working on my case and they have 60 days (6/6/06) to give an answer. So till now I still don't know who is the attorney that handles my case. :)

Hope this helps.
 
Haddy said:
Andrew,

I have not seen as such any law stating that... but I read a case where the Plaintiff mentioned about "...generally the procedure of USCIS is to initiate the name check right after filing the I-485 application..."

I hope Mohamed, Suzy, RealSuperK, and all wonderful people can give some more info on this...

BUT wait a minute...

You are thinking of amending the complaint... you do know that after amending you will be giving defendants another 60 days time... can you please explain why you are looking for amending the case... if it is because you mentioned or forgot to mention about the general rule of initiating the name check... dont worry about it... dont even bother... but if it is more than that... then please throw some light and tell us more...

Rest the decision is yours... But if you do mention it... very fine people like Mohamed, Suzy, Real Super K, and many others (sorry I am bad with remembering names...) will look at it and will give you sincere suggestions...


Haddy,

Thanks for your quick reply.

I am going to fill every chance for them to fight by decorating "national security", which seems to be the standard response "we need to delay because of national security."

Among paragraphs to be added:

30. USCIS stated that the background checks in the process of granting immigration benefits serve the interest of national security. However, law enforcement and intelligence agencies, including FBI, have the responsibility of “identify(ing) terrorist operatives, dismantling terrorist cells, disrupting terrorist plots and capturing terrorists before they are able to strike” (William E. Moschella, Assistant Attorney General). This prolonged alien background check process triggers serious concerns about how effective and efficient USCIS/FBI perform their duties in the face of terrorist threat and criminal activity.

What do you think?
 
Since I probably will amend it, can I sue them for money also?

I will mention:

In some McDonald's stores, if the customer doesn't have the order prepared within 90 seconds, the whole food would be free.

In CircuitCity, the 24-minutes guarantee states that if the customer waits more than 24 minutes after placing an online and store pickup order, the customer would be given $24 gift card.

:) :D
 
andrew2006 said:
Since I probably will amend it, can I sue them for money also?

You can't sue them for money but you can request of reasonable attorney’s fees under Equal Access to Justice Act, 28 U.S.C. § 2412 and such other relief as the Court may deem just and proper.

I will mention:

In some McDonald's stores, if the customer doesn't have the order prepared within 90 seconds, the whole food would be free.

In CircuitCity, the 24-minutes guarantee states that if the customer waits more than 24 minutes after placing an online and store pickup order, the customer would be given $24 gift card.

:) :D

Some of CIS employees should be sent to work at McDonald or the loading docks of Circuit City and some...won't even qualify to work for McDonald or Circuit City... :D :D :D
 
My 2 cents

andrew2006 said:
Haddy,
.....

30. USCIS stated that the background checks in the process of granting immigration benefits serve the interest of national security. However, law enforcement and intelligence agencies, including FBI, have the responsibility of “identify(ing) terrorist operatives, dismantling terrorist cells, disrupting terrorist plots and capturing terrorists before they are able to strike” (William E. Moschella, Assistant Attorney General). This prolonged alien background check process triggers serious concerns about how effective and efficient USCIS/FBI perform their duties in the face of terrorist threat and criminal activity.

What do you think?

I would say No. Don't waste your 60 days just for adding this paragraph. If you are filing for an N-400 case, by law they should make a decision within 120 days after the interview. We do not file a petition for a waiver of security/background check. Instead, we want them to finish the check, ASAP! They must find out whether YOU are a terrorist or not within this time frame--it is their job. Since they failed to do so, you are now suing them for their official capacity.

I remember instruction in Pro Se package says, we have to present our cases specifically. What you mentioned above is a much bigger problem, that the president, Congress, FBI, DHS...may need n x 60 days to fix. It is probably beyond the scope of a judge's authority. You may want to voice your opinion to Senators/ Congressmen/women. But you filed for the concerns with your application, and you want the judge and the US attorney to focus on YOUR case, in which USCIS/FBI did not finish checking YOU in time. Well, so many of us have filed in federal courts, together we are making a difference by forcing them to perform their duties harder.

Anyway, I doubt a real terrorist would use a name that's already on the list to enter this country, or to apply for citizenship. The whole name check process is just funny.
 
Haddy said:
Andrew,

I have not seen as such any law stating that... but I read a case where the Plaintiff mentioned about "...generally the procedure of USCIS is to initiate the name check right after filing the I-485 application..."

I hope Mohamed, Suzy, RealSuperK, and all wonderful people can give some more info on this...

BUT wait a minute...

You are thinking of amending the complaint... you do know that after amending you will be giving defendants another 60 days time... can you please explain why you are looking for amending the case... if it is because you mentioned or forgot to mention about the general rule of initiating the name check... dont worry about it... dont even bother... but if it is more than that... then please throw some light and tell us more...

Rest the decision is yours... But if you do mention it... very fine people like Mohamed, Suzy, Real Super K, and many others (sorry I am bad with remembering names...) will look at it and will give you sincere suggestions...
http://www.usdoj.gov/oig/special/0007/criminal.htm
this link outline the details of the history and evolution of the security and background it was posted here by one of the user, Shapter 16 of the AFM(adjudicators field manual) does explain what checke need to be done for which benefit, and when it should be done, but generally these check should be intiated as soon as the application processing started, in my case, i applied for I-485, june 2003, and the fingerprints was submitted and received by the FBI the same months.
 
Originally Posted by andrew2006
Haddy,
.....

30. USCIS stated that the background checks in the process of granting immigration benefits serve the interest of national security. However, law enforcement and intelligence agencies, including FBI, have the responsibility of “identify(ing) terrorist operatives, dismantling terrorist cells, disrupting terrorist plots and capturing terrorists before they are able to strike” (William E. Moschella, Assistant Attorney General). This prolonged alien background check process triggers serious concerns about how effective and efficient USCIS/FBI perform their duties in the face of terrorist threat and criminal activity.

What do you think?

this what i have saying for a long time, if you think some one could be a threat to the nationality, you dont hold his/her background check for 4-5- 6 years to give the perfect chance to do whatever they wanted to , if they think that me or you is a threat, we should have the priority to get our criminal record check finished 1st, so they can decide what to do quickely to protect the nation, but thereason these application are being delayed is ot becuause they think we are a threat, these application are simply delayed because no one want take the time or make the efforts that is needed to finish them.
 
Eastbayer said:
I would say No. Don't waste your 60 days just for adding this paragraph. If you are filing for an N-400 case, by law they should make a decision within 120 days after the interview. We do not file a petition for a waiver of security/background check. Instead, we want them to finish the check, ASAP! They must find out whether YOU are a terrorist or not within this time frame--it is their job. Since they failed to do so, you are now suing them for their official capacity.

I remember instruction in Pro Se package says, we have to present our cases specifically. What you mentioned above is a much bigger problem, that the president, Congress, FBI, DHS...may need n x 60 days to fix. It is probably beyond the scope of a judge's authority. You may want to voice your opinion to Senators/ Congressmen/women. But you filed for the concerns with your application, and you want the judge and the US attorney to focus on YOUR case, in which USCIS/FBI did not finish checking YOU in time. Well, so many of us have filed in federal courts, together we are making a difference by forcing them to perform their duties harder.

Anyway, I doubt a real terrorist would use a name that's already on the list to enter this country, or to apply for citizenship. The whole name check process is just funny.
you have pointed exactly the real complaint, you the applicant have done you r job by giving them every document or evidence they need and asked for to establish you right, and eligibility for the benefit sought, the rest is their work, they have to do, or when they cant, they should go back to the congress/president, and tell them we have given up, we can not do this, so they can assigne it to some one else, it is their problem, what do they expect, for you to do their work for them?
 
andrew2006 said:
Haddy,

Thanks for your quick reply.

I am going to fill every chance for them to fight by decorating "national security", which seems to be the standard response "we need to delay because of national security."

Among paragraphs to be added:

30. USCIS stated that the background checks in the process of granting immigration benefits serve the interest of national security. However, law enforcement and intelligence agencies, including FBI, have the responsibility of “identify(ing) terrorist operatives, dismantling terrorist cells, disrupting terrorist plots and capturing terrorists before they are able to strike” (William E. Moschella, Assistant Attorney General). This prolonged alien background check process triggers serious concerns about how effective and efficient USCIS/FBI perform their duties in the face of terrorist threat and criminal activity.

What do you think?
i could be wrong but this is my personal opinion ,
i dont think you should mention anything about security check, just mention that your application is delayed for extremly long period of time, let them metion the security check, then you can attack them , and you can say that whatever it is they suppose to do, they have to do it, to finish the application in a reasonable time period, which will be decided by the court in case of i-485, or it is already defined by the statute, in case of naturalzation.
i thik that way you let the ball in their park, and you will have the advantage, of disputing whatever excuse they come up with instead starting the argument
 
Eastbayer said:
I would say No. Don't waste your 60 days just for adding this paragraph. If you are filing for an N-400 case, by law they should make a decision within 120 days after the interview. We do not file a petition for a waiver of security/background check. Instead, we want them to finish the check, ASAP! They must find out whether YOU are a terrorist or not within this time frame--it is their job. Since they failed to do so, you are now suing them for their official capacity.

I remember instruction in Pro Se package says, we have to present our cases specifically. What you mentioned above is a much bigger problem, that the president, Congress, FBI, DHS...may need n x 60 days to fix. It is probably beyond the scope of a judge's authority. You may want to voice your opinion to Senators/ Congressmen/women. But you filed for the concerns with your application, and you want the judge and the US attorney to focus on YOUR case, in which USCIS/FBI did not finish checking YOU in time. Well, so many of us have filed in federal courts, together we are making a difference by forcing them to perform their duties harder.

Anyway, I doubt a real terrorist would use a name that's already on the list to enter this country, or to apply for citizenship. The whole name check process is just funny.
I agree with you Haddy and i think when we are filing a law suite aginst USCIS it because they failed to comply with the law and they need to do there job it's not our job to chase FBI or what ever the agiances doing the back ground check . when i called my Senator and i asked him for help to check on the stauts of name check with the FBI he got back with me in 3 weeks and sent me a letter saying that FBI still doing the name check and they are not done yet and he sent me a copy of the email that he got from the FBI and they said they got the request for name check on 12/01/2004 (15 days after i filed N-400 ) and they are still working on it they made me feel like they are sending some one around the world to ask about me and he is not done yet . therefor it's not our problem any more but it's their job to get all this stuff done . and i will say don't give them any time to play around with you just go for it .
N-400 filed :11/15/2004
FP :04/28/2005
Interview:09/13/2005
name check still pending
1447 (b) field :04/27/2006
served : 04/28/2006
 
Can't agree more.

We simply tell the judge that the defendants did not do the job delegated to them. We pay tax and paid the application fee. It is not our job, nor our responsibility to tell them what the objective of their job is, or how to do their job. "Name check pending" is simply not our fault or our names' fault.

I had thought about amending my complaint, like adding the personal demage caused by this delayed process. Then I realized spending more time waiting or dealing with them would simply cost more to my life.

What could be even worse: They never sent anyone to anywhere in the world to check out your background. They simply did not type in your name and search.
 
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My 1447b update: NATURALIZED.

OK, after slightly more than a year, it's finally over. I passed the interview in April 2005, like many others was waiting (hoping, thinking, reading, hesitating, analysing, preparing) for some time (probably way too long), filed 1447b in February 2006, very recently agreed to dismiss in exchange for USCIS approval within a month, and finally got naturalized.

Aside from several specific nuances (unclasiifiable subsequent fingerprints, N-14 from USCIS, and some others), my case turned out to be what I think is a kind of standard now, with the following essential steps: (1) filing, (2) serving, (3) waiting 50 to 60 days, (4) stipulation to extend dates (30 days), (5) stipulation to dismiss, (6) oath letter (N-445), and (7) naturalization.

This is approximately how many members of this great forum got naturalized and this is exactly how (with even identical texts of stipulations) member olgat was relatively recently naturalized.

This forum (particularly, this thread) is a unique place where a lot of help can be found and overwhelming majority of members are very friendly and ready to share their information and thoughts. As a non-member, I've been looking at several other forums, and I should say that while they may at times have some helpful informational elements, overall they are not even close to our forum. And of course, I'm very grateful to many our members for their help and advice.

At this point it is difficult to continue without mentioning this name: PUBLICUS. Many helped, but Publicus did a lot more than one, or several, or even many particular pieces of advice (actually I and Publicus didn't have a lot of communication). I already had a chance to say few words about Publicus when he got naturalized, but I feel I need to say more.

There is no question that without having Publicus on this forum, I wouldn't be US Citizen, for sure not now, and not in the near future (may be in years), and I beleive this stands true for most of those who got their citizenship by using 1447b or WOM (or both). Not only Publicus was one of firsts who understood and practically implemented a perfectly legal way of successful fighting a huge and horrible Government inefficiency called "name check". He did a lot more.

Over and over again, Publicus was trying to convince us, hesitating applicants, that (1) filing with court is the only legal and effective way to get through, and (2) we, applicants are perefectly capable to do this ourselves, "pro se", without any lawyers. And he obviuosly succeeded. Everybody who reads this thread knows how many our members, who filed Pro Se, got their Citizenship after Publicus got his. And the number of lawsuits is growing (looks like faster than linearly). Publicus, whether you reading this or not, I can't thank you enough.

My wife is the other person I can't thank enough. Not only was she extremely understanding and patient during this journey, she did really huge help by running and filtering through endless thread/posts, articles, legal issues, etc. She has been very optimistic about our future victory, always encouraged me not to give up and press ahead, and we finally won! And now I should take care of her... (She is F1 student, and things are not simple because she needs to travel soon to her home country and stay there a few months.)

I'd also like to mention members horiba and olgat and thank them for their helpful informative replies, as well as many others who replied to my posts or shared their opinions.

I suggest that those who are still passively waiting, please wake up and consider taking matter in court very seriously. Every month brings more and more (actually, many more) lawsuits, and from various unofficial sources I read and hear that Government will not tolerate current situation for long. There are various rumors of planned changes (no interview without completed NC, 240 or 360 days instead of 120, and others).

So, I believe, until it's too late, those suffering from NC better sit down, focus, and file Pro Se. In worst case, all you've got to lose is $350 + copying & postal expenses. And while many old-timers on this thread are not active participants anymore (which isn't unnatural), there are still many active participants including new very active members who are willing and ready to help (like mohamedmohamed, and others). This means that you, those who file, are not alone - like it was previously (in Publicus' times).

Thank you all and good luck.
 
WAWWW it is an irony

I have been stuck like everybody else in the name check. I filed a law suit, because it's the only way to get through this dilemma.
Well, all the talk in the new immigration bill about "Illegals". The new bill reward illegals and punish legal immigrants.
All these provisions in the new bill that limit judicial review and erase an era of due process, so the USCIS can control you with no way out. There are some links I placed to see this totally double standards dealing with immigration.
look at all these provisions in the new bill that will be debated Monday

http://www.ilw.com/articles/2006,0201-mossman.shtm

http://www.immigrationforum.org/documents/PolicyWire/Legislation/JudicBillDueProcessSum.pdf

Look at this and wonder.
 
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Where to get the forms for ProSe from?

I have been following this forum for the last three months and have always hesitated to file a lawsuit against USCIS, but this morning I woke up and right away made the decision to proceed with the lawsuit.
I got my interview done in Apr, 2005 and am still waiting on name check.
I did some research on this forum, visited a few web sites and called the county clerk to get the form. But I did not reach any where. The county clerk did not understand what a ProSe form is. I know there are some members here from NJ - so If you can help me out here and provide me with exact instructions on how to get the package from the federal district court - I would really appreciate it.

Thanks in advance.
 
stillstuck said:
I have been following this forum for the last three months and have always hesitated to file a lawsuit against USCIS, but this morning I woke up and right away made the decision to proceed with the lawsuit.
I got my interview done in Apr, 2005 and am still waiting on name check.
I did some research on this forum, visited a few web sites and called the county clerk to get the form. But I did not reach any where. The county clerk did not understand what a ProSe form is. I know there are some members here from NJ - so If you can help me out here and provide me with exact instructions on how to get the package from the federal district court - I would really appreciate it.

Thanks in advance.
There is nothing like a prose form.
Prose just means filing by yourself, no attorneys. You can download a prose packet from your district court website, which will show the procedures filing prose. If you look at the first post on this forum you will see copies of complaints you can use as templates for your own situation, then complete the complaint, summons and file with the court clerk. I am in Texas, so the procedures here will be a little different than NJ, but more or less the same.
Hope this helps..
 
Thanks everyone!!!!

I got the following from my friend, which I will mention if they filed with that damn "national security":

“For a fraction of cases, slow, inconclusive, or legally inapplicable security check results can cause application processing to stall for months or even years. These delays can interfere with USCIS’ concluding national security and public safety hits with timely denials or referrals to law enforcement.” (A Review of USCIS Alien Security Checks, Department of Homeland Security, Office of Inspector General, November 2005)
 
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