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

khalafah2000 said:
I filed my case through a very distinguished lawyer. The defendants were served on Oct 18 and on Oct 30(12 days afterwards), I got oath letter in mail for Nov. 17 oath ceremony.

I wonder why USCIS/AUSA didn't even wait for 60 days and even try to fight little bit? Any comments, would love to hear atleast few.

Any last minute advice about the oath ceremony?

Anyway, I told my beloved lawyer that I definately want to attend the oath ceremony and later he should advise the court that case has become moot due to my citizenship. He agreed. Anybody has a different opinion?

On another note, I just came back from my home country after 3 weeks vacation. No problems at the airport at all. Some people in the forum suggested that immigration may try to retaliate there due to my pending lawsuit.
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Congrats Khalafah2000!! Hey, do you mind telling me the district you filed in?... your process was very fast... I filed on 26th of Sept and still waiting for the AUSA to respond to my attorney...Anyways, good luck on your oath. Btw, I travel internationally for work also, and have not had any issues entering the country in the midst of this lawsuit. I hope it continues, cause I am planning to one more time for a short trip...
 
boondi said:
Congrats Khalafah2000!! Hey, do you mind telling me the district you filed in?... your process was very fast... I filed on 26th of Sept and still waiting for the AUSA to respond to my attorney...Anyways, good luck on your oath. Btw, I travel internationally for work also, and have not had any issues entering the country in the midst of this lawsuit. I hope it continues, cause I am planning to one more time for a short trip...
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I filed in Newark, NJ.
 
Where to Serve

For the Defendant Paul Novak, Director of Vermont Service Center where should I serve with my complaint and summons? AILF says Chief counsel in Washington DC. Some people say VSC of USCIS. which address should I serve to?
Thanks
 
Congratulations to everyone who won his case here, forgive me if I am late on some, I been working a lot lately …. And I wish the best to all of us
 
USCIS Retaliation?

OK, here is my story:

My wife filed WOM last month after having been stuck in NC for 2.5 years. It took less than 10 days for FBI to clear her NC. The USCIS local office then sent her a letter last week for an interview today and we were almost certain that it would be a simple approval since she had already completed her regular I-485 interview 11 months ago. --Guess what? The officer told her that, yes the NC is cleared and normally they would approve her case right away, but since there is a lawsuit here the local office conducted a thorough review on my wife's records, which showed that she registered to vote in Massachusetts between 1998 and 1999 when she was a graduate student (this new "finding" was never discovered during previous reviews/interviews). That would be a felony and they may very well reject her AOS based on this. My wife's absolutely sure that she had never registered to vote as only citizens are allowed to do that. The officer said they would investigate this before the case is approved...

What is this? A retaliation from USCIS? Any suggestions? What about the lawsuit? Should we dismiss it right away since the foundation of the case (i.e. name check) has been resolved? Or do we keep it as long as possible to put pressure on USCIS (is this even legal)? Please help!

Thanks.
 
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paz1960 said:
Hello Mr. LA,
Unfortunately, your timeline disappeared from your signature, and I'm not sure that I remember correctly all the details of your case. But assuming that the Defendants filed a motion to dismiss or remand with the main argument that your case can't be adjudicated till the name check is not completed, I would contact AUSA and inform her/him about the e-mail I received from my congresswoman. Looks that you cleared THE major roadblock, the name check. You still don't know, what this name check result contains, and most likely USCIS will not be so gracious to share this info with you. But assuming that you were cleared (i.e., no issues, which require further investigations), it should be relatively easy to jointly agree in some deadline till USCIS must adjudicate your case. At this point the main contact person for you should be AUSA.
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hello Paz,

I thank you for been kind with me with your advice, I truly appreciate it, forgive me I did deleted my timeline by mistake a while ago ….but here is my timeline again:

Mailed N400: 7/5/2005
Interviewed: 1/10/2006
Filed my 1447b: 5/22/2006
Answer due: 7/21/2006
Agreed for 30days extension answer due: 8/21/2006
AUSA answer one day late on 8/22/2006
Hired a law office to go after them on 10/15/2006
 
Madison04 said:
OK, here is my story:

My wife filed WOM last month after having been stuck in NC for 2.5 years. It took less than 10 days for FBI to clear her NC. The USCIS local office then sent her a letter last week for an interview today and we were almost certain that it would be a simple approval since she had already completed her regular I-485 interview 11 months ago. --Guess what? The officer told her that, yes the NC is cleared and normally they would approve her case right away, but since there is a lawsuit here the local office conducted a thorough review on my wife's records, which showed that she registered to vote in Massachusetts between 1998 and 1999 when she was a graduate student (this new "finding" was never discovered during previous reviews/interviews). That would be a felony and they may very well reject her AOS based on this. My wife's absolutely sure that she had never registered to vote as only citizens are allowed to do that. The officer said they would investigate this before the case is approved...

What is this? A retaliation from USCIS? Any suggestions? What about the lawsuit? Should we dismiss it right away since the foundation of the case (i.e. name check) has been resolved? Or do we keep it as long as possible to put pressure on USCIS (is this even legal)? Please help!

Thanks.
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Yes, certainly it looks like retaliation. You may want to hire a good lawyer who was an AUSA before, otherwise your case will become more complicated.
Just to avoid this kind of stuff, I hired such a lawyer and my case got resolved very quickly.
 
Agree. I would definitely hire a lawyer right away in this case. You got nothing to worry if your wife did nothing wrong. Just get a good attorney and let him to handle this issue as this seems to be more complicated than simple NC stuff. Good luck.

EA

khalafah2000 said:
Yes, certainly it looks like retaliation. You may want to hire a good lawyer who was an AUSA before, otherwise your case will become more complicated.
Just to avoid this kind of stuff, I hired such a lawyer and my case got resolved very quickly.
Click to expand...
 
Madison04 said:
OK, here is my story:

My wife filed WOM last month after having been stuck in NC for 2.5 years. It took less than 10 days for FBI to clear her NC. The USCIS local office then sent her a letter last week for an interview today and we were almost certain that it would be a simple approval since she had already completed her regular I-485 interview 11 months ago. --Guess what? The officer told her that, yes the NC is cleared and normally they would approve her case right away, but since there is a lawsuit here the local office conducted a thorough review on my wife's records, which showed that she registered to vote in Massachusetts between 1998 and 1999 when she was a graduate student (this new "finding" was never discovered during previous reviews/interviews). That would be a felony and they may very well reject her AOS based on this. My wife's absolutely sure that she had never registered to vote as only citizens are allowed to do that. The officer said they would investigate this before the case is approved...

What is this? A retaliation from USCIS? Any suggestions? What about the lawsuit? Should we dismiss it right away since the foundation of the case (i.e. name check) has been resolved? Or do we keep it as long as possible to put pressure on USCIS (is this even legal)? Please help!

Thanks.
Click to expand...
Certainly looks that this thorough review was triggered by the lawsuit, so you can call it retaliation, but USCIS will never admit it and it would be extremely difficult to prove it. Probably would be a good idea to hire an experienced attorney, because looks like you are facing a complicated battle till the case will be approved. Still, it is hard for me to believe that USCIS just invented this voter registration. They should have something on what they rely their allegation. Maybe it is a mistake and somebody's voter registration was erronously attributed to your wife's. Anyway, this certainly will need to be clarified and fixed before they will adjudicate your wife's case and better clarify and fix it now, because this may haunt you also in the future when you will apply for citizenship.
 
dreamtoGC said:
For the Defendant Paul Novak, Director of Vermont Service Center where should I serve with my complaint and summons? AILF says Chief counsel in Washington DC. Some people say VSC of USCIS. which address should I serve to?
Thanks
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If you are sueing also Emilio Gonzales and Michael Chertoff, copies of the complaint and summonses will go anyway to the DHS Chief Counsel in Washington. I would serve a copy and a summons to VSC, because your application is handled by that office. This is similar to my case when I sued besides the director of USCIS and his boss, the secretary of DHS also the director of the USCIS District Office where my case is 'parking'.
 
paz1960 said:
Certainly looks that this thorough review was triggered by the lawsuit, so you can call it retaliation, but USCIS will never admit it and it would be extremely difficult to prove it. Probably would be a good idea to hire an experienced attorney, because looks like you are facing a complicated battle till the case will be approved. Still, it is hard for me to believe that USCIS just invented this voter registration. They should have something on what they rely their allegation. Maybe it is a mistake and somebody's voter registration was erronously attributed to your wife's. Anyway, this certainly will need to be clarified and fixed before they will adjudicate your wife's case and better clarify and fix it now, because this may haunt you also in the future when you will apply for citizenship.
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The election Commission is involved in it now. How it is possible to get registered without appropriate documents/evidences of citizenship? It would be a mistake made by election commision/agencies/agents that can be taken back by saying "typo/erreneous entry" if/by contacting area office.
I think this way.
 
Thank you everyone for the replies!

My wife called Massachusetts Election Division and was told that she was not a registered voter there during 1999 and 2000 and they couldn't find any registration number associated with my wife's name. They will send us an official letter as proof for this, which we'll forward to USCIS as soon as we receive it. --We really have no idea where USCIS got that incorrect record on my wife, though I too don't believe that they faked it just to screw us...

Anyway, we've sent them a sworn statement this afternoon, denying the allegation and listing all the facts to the best of our knowledge. And we'll keep the lawsuit alive for now, wait a little bit, and see how they react. If the deadline is near (12/10/06) and USCIS doesn't show signs to approve the case, we'll then hire a lawyer to prepare for the battle.
 
Congratulations khalafah on your speedy victory. This is happen some times when you prepared for a lengthy battle and expect a big fight but win without even fight start.
I definitely suggest you to take all the documentations involved in your travel. My wife had a visit between her interview and oath. She checked the box on the back of the letter about traveling. At the oath ceremony, they asked for her passport and told her to wait, it took about 45 minutes to get a clearance from some where.


khalafah2000 said:
I filed my case through a very distinguished lawyer. The defendants were served on Oct 18 and on Oct 30(12 days afterwards), I got oath letter in mail for Nov. 17 oath ceremony.

I wonder why USCIS/AUSA didn't even wait for 60 days and even try to fight little bit? Any comments, would love to hear atleast few.

Any last minute advice about the oath ceremony?

Anyway, I told my beloved lawyer that I definately want to attend the oath ceremony and later he should advise the court that case has become moot due to my citizenship. He agreed. Anybody has a different opinion?

On another note, I just came back from my home country after 3 weeks vacation. No problems at the airport at all. Some people in the forum suggested that immigration may try to retaliate there due to my pending lawsuit.
Click to expand...
 
Should I sue USCIS

I am in Chicago
My proirity Date : 2/10/2006
Interview Date : 6/8/2006 passed, but name check pending
1st infopass on 10/4: found out name check cleared on 9/14/2006
2nd infopass on 10/27: found out name check pending, was told there are 2 entries in USCIS system. One entry said name check cleared on 9/14/2006. Another entry said name check was still pending.. SO name check still pending. I was totally disappointed and frustrated.
3rd info pass on 11/4: found out USCIS sent 2 requests for my name check to FBI. I was told that as long as one comes back with cleared background/name check, it can conclude name check is cleared. SO I was little happy name check was cleared on 9/14.
But it has been 2 months since FBI name check was cleared. NO oath letter yet? Why? I was told at infopass my file was moved from name-pending category to to-be-processed category. But still waiting. it has been 2 months. any similar case ?
Should I sue USCIS?
 
Mission Accomplished

Today I asked the court to terminate my case and moments later
I received the emailed PDF of oath letter for 12/6
ceremony at Faneuil hall from my AUSA (an individual I
truly appreciate). So it appears my dream will be fulfilled soon.

I thank every one on this forum. For people who are
still fighting, please believe in yourselves and let justice
set the course!
 
Congratulations!!! You did it.

rob waiter said:
Today I asked the court to terminate my case and moments later
I received the emailed PDF of oath letter for 12/6
ceremony at Faneuil hall from my AUSA (an individual I
truly appreciate). So it appears my dream will be fulfilled soon.

I thank every one on this forum. For people who are
still fighting, please believe in yourselves and let justice
set the course!
Click to expand...
 
name check pending when can i take action

Hello all

I'm back to this thread again, now this time is my wife.
After being a victim of the name check for my citizenship, my wife fell victim of it as well after her interview.

For some reason I had a feeling this was going to happen. This time I don't want to be the dumb sh... that took 2 years before taking legal action and want to be proactive from the start.

I never filed a WOM and would like to know when can I start taking legal action on this matter? would 120 days be valid for a WOM or is it wise to wait longer?

any comments would be appreciated.
 
Congradulations, Rob, you did it.

rob waiter said:
Today I asked the court to terminate my case and moments later
I received the emailed PDF of oath letter for 12/6
ceremony at Faneuil hall from my AUSA (an individual I
truly appreciate). So it appears my dream will be fulfilled soon.

I thank every one on this forum. For people who are
still fighting, please believe in yourselves and let justice
set the course!
Click to expand...
 
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