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

[paz1960]

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.

The 120 days time limit is valid only under 8 U.S.C. 1447(b) - for stalled applications for naturalization.

From the posted timeline I understand that your wife is applying for green card. Unfortunately, the only option for her is WOM. For that she will need to prove that: 1. she has a clear right to the relief sought; 2. no other remedy is available; 3. USCIS has a mandatory duty to act within a reasonable time. Because there is no statutory time limit neither for the name check nor for the green card application adjudication, she will have to convince the court that despite she did everything to solve the case without litigation, USCIS delayed the decision unreasonably long. In most of the cases courts agreed that about 2 years was unreasonably long to adjudicate immigration petitions. See Elkhathib v. Bulter CASE NO. 04-22407-CIV-SETTZ/MCALILEY (S.D. Fla, Jun. 6, 2005).

 

[paz1960]

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?

My guess is that you would have a pretty good chance that your case would be resolved soon after you file the complaint. The only problem can be if the first name check was only completed and they found something which warranted a second request to investigate further, but you said that they told you that your first name check was cleared (not just completed).

I think that this is again a case which proves that USCIS has a problem with handling these name checks. As the Inspector General stated in the report called "A Review of U.S. Citizenship and Immigration Services’ Alien Security Checks" (Nov. 2005):
"USCIS has an established structure for handling cases with security check hits and addressing national security, public safety, and fraud concerns. However, 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. In addition, stalled cases decrease operational efficiency by reducing productivity and contributing to hundreds of lawsuits against USCIS."

 

[gzmbk1]

The 120 days time limit is valid only under 8 U.S.C. 1447(b) - for stalled applications for naturalization.

From the posted timeline I understand that your wife is applying for green card. Unfortunately, the only option for her is WOM. For that she will need to prove that: 1. she has a clear right to the relief sought; 2. no other remedy is available; 3. USCIS has a mandatory duty to act within a reasonable time. Because there is no statutory time limit neither for the name check nor for the green card application adjudication, she will have to convince the court that despite she did everything to solve the case without litigation, USCIS delayed the decision unreasonably long. In most of the cases courts agreed that about 2 years was unreasonably long to adjudicate immigration petitions. See Elkhathib v. Bulter CASE NO. 04-22407-CIV-SETTZ/MCALILEY (S.D. Fla, Jun. 6, 2005).

2 years!!!! holyyyyyyyy
that's crazy.... I guess the only thing I can do for now is to start gathering evidence. Writing letters to senators, congressman, FOIPA, etc.... I got to start gathering my ammo.

I have also heard some cases people sending letters with the intent to sue and having some success. Does anyone have any input into it and how can I properly do it?

regards

 

[moody22]

The only problem can be if the first name check was only completed and they found something which warranted a second request to investigate further, but you said that they told you that your first name check was cleared (not just completed).

That's woundefule, may be they clerared her first name, but the last name is still pending. That's why thier stupid records shows nmae check clearance:for the first name", followed by name check pending "for the last name".

CIS people are lazy, overpaid pastards and they should be sued nationwide.

 

[lotechguy]

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?

The FBI NNCP site says:

http://www.fbi.gov/congress/congress03/hardy102303.htm

Duplicate submissions (i.e., identically spelled names with identical dates of birth submitted within the last 120 days) are not checked and the duplicate findings are returned to the Department of State.

So I wonder if that second name will ever clear. You should show thi sto infopass officer.

 

[bashar82]

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.

When I filed my 1447b case USCIS retaliated by trying to deny my case claiming that I never sent in a sworn statement. I dug up my records, got the UPS tracking number, printed out the delivery confirmation and sent it in the the AUSA and told him that this would be raised in court. USCIS still didn't budge. I sent a letter to the Ombudsman and faxed letters to my senator and every member of of the Senate Judiciary Committee. Within a few weeks, USCIS and DHS lawyers were calling and inquiring about the case. A few weeks later AUSA made arrangements to get my application resolved and mentioned that there was "pressure from above" to do so.

 

[akram88]

I filed in Newark, NJ.

Hi Khalafah,
what is the name of your lawyer and phone number and how much did he charge you for the case?
Thanks

 

[samhad10]

30 days extesion by judge

i have a question friends ausa asked for another 30 days extension which the judge approved it.....ausa said they are still gathering info from their clients and once tht is done they will reply?could this be good or bad? judge told them to repond by DEC13th...anybody with similar expreince pls reply...

 

[paz1960]

i have a question friends ausa asked for another 30 days extension which the judge approved it.....ausa said they are still gathering info from their clients and once tht is done they will reply?could this be good or bad? judge told them to repond by DEC13th...anybody with similar expreince pls reply...

I saw cases where the application was adjudicated during the extension period and other cases, which ended ultimately with a motion to dismiss from AUSA (after 1-2-...extensions) and was decided by the Court. So, at this stage everything is possible, but think positively: they are working on your case so it is better than before you filed your complaint (they were not working on your case).

 

[takayuki]

Filing wom with my spouse, how many signature is needed?

Hi All,
I have signed up pacer, also downloaded 3 complaint samples (filed by couple with help of lawyer), these complaints only has one signature, which is the lawyers signature. Due to financial constraints, me and my spouse are not able to afford a lawyer for our case, we plan to file the WOM ourself. Therefore, if any of you knows how many signature is needed for filing WOM as a couple, I really appreciate your help.
Or, if you know where to ask for this kind of information, I also really appreciate if you can let me know.
Thanks!!!

 

[paz1960]

Hi All,
I have signed up pacer, also downloaded 3 complaint samples (filed by couple with help of lawyer), these complaints only has one signature, which is the lawyers signature. Due to financial constraints, me and my spouse are not able to afford a lawyer for our case, we plan to file the WOM ourself. Therefore, if any of you knows how many signature is needed for filing WOM as a couple, I really appreciate your help.
Or, if you know where to ask for this kind of information, I also really appreciate if you can let me know.
Thanks!!!

Hello takayuki,
Because you are filing Pro Se, you can't represent your wife or vice versa. There was a WOM case on this forum (in the Southern District of California), where the defendants specifically stated in their motion to dismiss that "as a Pro se plaintiff, Plaintiff may not represent his wife". See attached file. I didn't follow that particular case and I don't know if the judge accepted this argument.

 

[tomshen99a]

2 entries of name check

The FBI NNCP site says:

http://www.fbi.gov/congress/congress03/hardy102303.htm

Duplicate submissions (i.e., identically spelled names with identical dates of birth submitted within the last 120 days) are not checked and the duplicate findings are returned to the Department of State.

So I wonder if that second name will ever clear. You should show thi sto infopass officer.

Thanks so much ! I will have another infopass on Friday. I have already prepared 1447b documents. Hopefully I will be told N-400 is approved. Just can NOT trust these people !!

 

[takayuki]

Wom me and my wife, how many signature is needed?

Hello takayuki,
Because you are filing Pro Se, you can't represent your wife or vice versa. There was a WOM case on this forum (in the Southern District of California), where the defendants specifically stated in their motion to dismiss that "as a Pro se plaintiff, Plaintiff may not represent his wife". See attached file. I didn't follow that particular case and I don't know if the judge accepted this argument.

hi paz1960,
thanks for your reply. Does it mean, if I am filing WOM with and lawyer, I can file the WOM together with my wife and myself in one case; If I am filing WOM myself, with no help from lawyer, my spouse and I have to file the WOM seperately as 2 cases, eventhough she is my dependent when we file the I-485?
Just want to make sure before I send out the WOM, thanks

 

[ZUR]

hi paz1960,
thanks for your reply. Does it mean, if I am filing WOM with and lawyer, I can file the WOM together with my wife and myself in one case; If I am filing WOM myself, with no help from lawyer, my spouse and I have to file the WOM seperately as 2 cases, eventhough she is my dependent when we file the I-485?
Just want to make sure before I send out the WOM, thanks

You can contact your senator or congressman(woman) to find out if your wife's name check is clear. Generally, females name checks gets cleared faster than the males. If you find out that her name is cleared then you can file WOM Pro Se for your self. Hopefully, when the adjust your case after your name check gets cleared, they will adjust your wife's as well at the same time since she has already cleared her name check. But, if you find out that she is stuck in the name check as well, then you have two choices. Either you can file two separate WOM for both of you Pro Se or you can hire a lawyer to do one application class action having both of you on single lawsuit.

 

[paz1960]

hi paz1960,
thanks for your reply. Does it mean, if I am filing WOM with and lawyer, I can file the WOM together with my wife and myself in one case; If I am filing WOM myself, with no help from lawyer, my spouse and I have to file the WOM seperately as 2 cases, eventhough she is my dependent when we file the I-485?
Just want to make sure before I send out the WOM, thanks

Yes, this is my understanding. If you want to file Pro Se, you will need to file two separate lawsuits, if you hire a lawyer, both you and your wife can be Plaintiffs on the same lawsuit.

 

[khalafah2000]

Hi Khalafah,
what is the name of your lawyer and phone number and how much did he charge you for the case?
Thanks

Thomas E Moseley
One Gateway Center, Suite 2600,
Newark, NJ 07102
Phone: 973-622-8176
Fax: 973-645-9493
Email: moselaw@ix.netcom.com

charged me $3000 as the initial retainer. His fee is $300/hr. Before make up your mind in hiring him before your talk to him. Lawyers generally don't like that somebody is just using them for information or just shopping around.

 

[khalafah2000]

When I filed my 1447b case USCIS retaliated by trying to deny my case claiming that I never sent in a sworn statement. I dug up my records, got the UPS tracking number, printed out the delivery confirmation and sent it in the the AUSA and told him that this would be raised in court. USCIS still didn't budge. I sent a letter to the Ombudsman and faxed letters to my senator and every member of of the Senate Judiciary Committee. Within a few weeks, USCIS and DHS lawyers were calling and inquiring about the case. A few weeks later AUSA made arrangements to get my application resolved and mentioned that there was "pressure from above" to do so.

In my case, I wrote to everybody about my delayed application, the two senators, the congressman, the ombudperson, the president, DHS, FBI etc, etc... At the same time, i filed the suit. Something worked along the way. I also strongly suggest that fight hard and complain to everybody if you think that you are being mistreated.

 

[khalafah2000]

2 years!!!! holyyyyyyyy
that's crazy.... I guess the only thing I can do for now is to start gathering evidence. Writing letters to senators, congressman, FOIPA, etc.... I got to start gathering my ammo.

I have also heard some cases people sending letters with the intent to sue and having some success. Does anyone have any input into it and how can I properly do it?

regards

don't send the intent to sue letter. That can result in retaliation. Just wait until the time is up and then sue.

 

[zoro3]

Hi Khalafah,
What kind of retaliation you mean?

 

[PendingN400]

1447(b) Suit

I have finally filed my petition in the Sixth Circuit. I will keep you guys posted on the developments. My worst fear is that the court will simply remand the matter back without specific instructions. Has any one compiled a good list of cases where judge has issued time restrictions while remanding the case back to USCIS? I have seen one or two cases where 6-7 such cases are cited, but I am looking for a comprehensive list. The Al-Kudsy case seems to be the most judicially bold opinion issued so far of any case I have seen.