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

[PendingN400]

Second Fingerprints

I think that it is always a good idea to contact AUSA and try to build a good working relationship with him/her. (S)he can be a real help in such cases because (s)he can pressure USCIS and/or FBI to expedite the name check and adjudicate your N-400 application.

I believe that receiving the appointment for the 2nd FP is a really good sign. I read once in a letter written by USCIS to one of the applicants who requested an appointment for the 2nd FP arguing that more than 15 months passed from the 1st FP, that applicant will be scheduled for a new FP only after the security background check is finished. If they still work according to this, seems to me that you just cleared the biggest roadblock and you are now close to your adjudication. Please keep us posted! Good luck!

I hope this is true, but don't believe this. In my case I got a notice to appear for second finger print a day after local CIS was served. This is likely a knee jerk reaction and not a sign of completing name check within a day of being served. In fact my first fingerprints which cleared, are still valid since it has not yet been 15 months. One can only hope that an expedite on name check has been placed. If name check has been expedited and the records are derogatory or if name check is still not completed, then god help us all! In such case only a forceful judge willing to exercise judicial authority can influence the adjudication process. Since collectively hundreds if not thousand or more 1447 lawsuits are filed, I can imagine the courts being tired of looking at these complaints, but since each case lacks collective bargaining, one can only hope for a proactive judge.

I can't imagine that in Detroit region there aren't other similar cases. In Pacer, you must use 890 as the nature of lawsuit and leave party blank. Use start of 2006 and your disctict court and you should see numerous cases.

 

[paz1960]

I hope this is true, but don't believe this. In my case I got a notice to appear for second finger print a day after local CIS was served. This is likely a knee jerk reaction and not a sign of completing name check within a day of being served. In fact my first fingerprints which cleared, are still valid since it has not yet been 15 months. One can only hope that an expedite on name check has been placed. If name check has been expedited and the records are derogatory or if name check is still not completed, then god help us all! In such case only a forceful judge willing to exercise judicial authority can influence the adjudication process. Since collectively hundreds if not thousand or more 1447 lawsuits are filed, I can imagine the courts being tired of looking at these complaints, but since each case lacks collective bargaining, one can only hope for a proactive judge.

I can't imagine that in Detroit region there aren't other similar cases. In Pacer, you must use 890 as the nature of lawsuit and leave party blank. Use start of 2006 and your disctict court and you should see numerous cases.

Of course, I don't have a way to verify that there is actually a strong correlation between issuing the 2nd FB and completion of the name check. As I stated in my post, I read this statement in a response letter written by USCIS to an applicant who tried to schedule proactively a 2nd FP because his 1st FP expired.

In the Detroit area there are a lot of similar cases (i.e., 1447(b) and WOM). Although I am in Michigan, my district court is the Western District of Michigan and it is in Grand Rapids. I found only one somewhat similar case, based on 1447(b) but had nothing to do with the name check, it is the case of a canadian national and some other complications prevented USCIS to adjudicate that case. That case is represented by a lawyer.

 

[Bushmaster]

About good moral character

I think I can be relieved a bit...

Good Moral Character

Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character.

 

[wenlock]

Good Moral Character

I think I can be relieved a bit...

Good Moral Character

Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character.

Let suppose if FBI does not return name check request and Judge orders USCIS to adjudicate N-400. What do they do just deny application?

Let suppose if they deny do they give reason for denial? Do they use no reply from FBI name check as lack of good moral character.

I am little confused lets suppose if USCIS does not get results in time and Judge orders them to process application can they deny it based on no response from FBI

-Wenlock

 

[Screaming_Eagle]

Akram88,

Thank you for your support. They said I can appeal it within 30days or decision will be final. In the mean-time, they also said I can even file a new application... I went ahead and submit a response to the court with documents proved I was NOT lying and I told the full truth just to clear my name with the court. I am going to appeal INS decision for sure...

Eagle

Screaming Eagle,
Sorry to hear they are giving you hard time. did they say in the letter if you can reapply again? I don't know if they give this option to people caught lying under oath but maybe it'll be easier for you to reapply then argue with them since nowadays interviews are scheduled real early after applying.
good luck

 

[Bushmaster]

Wen,

Good moral character I was talking about above is related to something else in my case which I had a long post on a few days ago.

Let suppose if FBI does not return name check request and Judge orders USCIS to adjudicate N-400. What do they do just deny application?

I was told by my attorney that yes this is what they do, and they can show reason as not enough evidence to determine good moral character. But I don't understand, what does Name Check program have anything to do with good moral character?

I am little confused lets suppose if USCIS does not get results in time and Judge orders them to process application can they deny it based on no response from FBI

-Wenlock

They should work with AUSA and tell AUSA that FBI is not responding to expedite requests, at that it would be up to you to give them 30, 60, 90 more days or say no and have the judge push the issue.

 

[wenlock]

Wen,

Good moral character I was talking about above is related to something else in my case which I had a long post on a few days ago.



I was told by my attorney that yes this is what they do, and they can show reason as not enough evidence to determine good moral character. But I don't understand, what does Name Check program have anything to do with good moral character?



They should work with AUSA and tell AUSA that FBI is not responding to expedite requests, at that it would be up to you to give them 30, 60, 90 more days or say no and have the judge push the issue.

I think you are right and I believe you can not challange denied application if it is based on not enough information available. In my case I have added this thing in relief that FBI should finish and forward name check results let see how it goes.

 

[Bushmaster]

I think you are right and I believe you can not challange denied application if it is based on not enough information available. In my case I have added this thing in relief that FBI should finish and forward name check results let see how it goes.

Yes, that is what I would do and I will if a court case is required. I believe court's sole focus should be the FBI. After all, I have seen CIS act quickly when they have all the information they need. FBI is the only major screw-up here in my opinion.

 

[irinich09]

where can I download complaint doc?

Hello everyone,
getting ready to file. I've applied for 485 status adjustment in December 2003, still waiting on background check. 3 years!!! What is wrong with their services? Got Pro Se package, but need to prepare a complaint. Any idea if it can be downloaded and filled in? Also, anyone has a copy of a filled out cover sheet? Filled mine out, but not sure if all done correctly. Well, let me know if can help. Thanks in advance and good luck to everyone.

 

[yvesliu]

Filed my WOM yesterday

Finally, I fileed all the documents in the court yesterday and served all summons the same day. Hopefully I can get some good results out of it. The stupid thing I did was that I forgot to ask for the return receipt when i sent out the summons. I guess since it is the registered mail, I can still check the status on line. :-( Is this going to be a problem? Is there a way to fix it?

BTW, when I filed my WOM, the court clerk gave several copies of documents asking me to attach them to my summons when I serve them. Right now, I am going through them, the documents are "Civil case assignment order", "Discovery and Pretrial Scheduling Order", "Discovery Agreement" and "Magistrate Consent Form". I was not told to fill out any of those forms, so, i just sent them out without touch them. Is that ok?

Thanks.

 

[netmn]

Hi Boondi,

I noticed you filed the lawsuit at the same time as mine. Is there any update on your case?

The AUSA told me my name check was still pending in FBI yesterday. I have no clue what is going on here. Now 60 days is almost running out. Since it is close to Thanksgiving, I am not sure the FBI will still work on my case or not.

netmn

EB1-b, CSC
I-140 RD: Apr 2005. Approved in Aug 2005.
I-485 RD: May 23, 2005
NC: pending since June 1st, 2005
FP: Sep 20, 2005
WOM Lawsuit filed: September 26, 2006
Summon served: September 27, 2006
Case transferred to the local office San Jose: Oct 12, 2006

Sorry, I must have miscalculated. Still, that is only 5 days...

ahaa...this certificate of service is the keyword, I assume it is not mandatory to file this to start 60 days, rather to proove when 60 days end? Am i Correct?

So, i guess my question to my attorney should be, whether they ever recieved the return reciept? and what date does it say? this way, i can use that date for a benchmark.

 

[Mr LA]

Hello all,

My name check was cleared by the FBI on 8/8/06 “my congresswomen sent me a letter”, yesterday I went to the conference meeting. While I was sitting with my lawyer out side of the courtroom, the AUSA came to us and asked to speak to my lawyer in privet, and he told him that the USCIS asking for second interview based on my background check, and they are welling to do it within 90 days... I may not do it.

Anyone here had something like this? Any advice?

Timeline:
Filed N-400: 7/7/05
Interview: 1/10/06
Filed 1447b: 5/22/06
Answer due after 30 days extension: 8/21/06

 

[wenlock]

history

Hello all,

My name check was cleared by the FBI on 8/8/06 “my congresswomen sent me a letter”, yesterday I went to the conference meeting. While I was sitting with my lawyer out side of the courtroom, the AUSA came to us and asked to speak to my lawyer in privet, and he told him that the USCIS asking for second interview based on my background check, and they are welling to do it within 90 days... I may not do it.

Anyone here had something like this? Any advice?

Timeline:
Filed N-400: 7/7/05
Interview: 1/10/06
Filed 1447b: 5/22/06
Answer due after 30 days extension: 8/21/06

Do you have some thing in your history that might contradict with your answers on N-400 application or interview answers?

Did you made FOIPA with FBI ? what was the result?

 

[Mr LA]

Do you have some thing in your history that might contradict with your answers on N-400 application or interview answers?

Did you made FOIPA with FBI ? what was the result?

Hello wenlock,

I been here “US” for 15 years and last time I was out 10 years ago…. And FOIPA= No Record, and i got it in 3 weeks

 

[aka808]

It is standard USCIS "non-sense" should not be worried about going as long as the Court Holds Jurisdiction and that should be the basis.

 

[wenlock]

Hello wenlock,

I been here “US” for 15 years and last time I was out 10 years ago…. And FOIPA= No Record ….

Interesting one thing that I know is that FBI name check bring information from FBI reference files that have information about you. Only thing that I can think is that it got some thing that USCIS wants to verify with you.

Any questioning by FBI ever happened to you directly or indirectly means if any relative got interviewed or person of interest.

 

[Mr LA]

Interesting one thing that I know is that FBI name check bring information from FBI reference files that have information about you. Only thing that I can think is that it got some thing that USCIS wants to verify with you.

Any questioning by FBI ever happened to you directly or indirectly means if any relative got interviewed or person of interest.

No questing or anything from the FBI …

But why the USCIS ask for second interview, even they have my name check cleared 3 months ago, why now at the day of the court day?

 

[cajack]

Mr LA:

I think you have overcame the biggest huddle, FBI name check. I believe it is just a routine for USCIS to ask you for a second, because your first interview was at the beginning of this year and it had been almost 10 months. But, it is kind of too long to ask you to wait for another 90 days. I would ask my lawyer to request USCIS to contact the second interview within 30 or 45 days. It is just my 2 cents. Good luck,

Jack

Hello all,

My name check was cleared by the FBI on 8/8/06 “my congresswomen sent me a letter”, yesterday I went to the conference meeting. While I was sitting with my lawyer out side of the courtroom, the AUSA came to us and asked to speak to my lawyer in privet, and he told him that the USCIS asking for second interview based on my background check, and they are welling to do it within 90 days... I may not do it.

Anyone here had something like this? Any advice?

Timeline:
Filed N-400: 7/7/05
Interview: 1/10/06
Filed 1447b: 5/22/06
Answer due after 30 days extension: 8/21/06

 

[paz1960]

Hello all,

My name check was cleared by the FBI on 8/8/06 “my congresswomen sent me a letter”, yesterday I went to the conference meeting. While I was sitting with my lawyer out side of the courtroom, the AUSA came to us and asked to speak to my lawyer in privet, and he told him that the USCIS asking for second interview based on my background check, and they are welling to do it within 90 days... I may not do it.

Anyone here had something like this? Any advice?

Timeline:
Filed N-400: 7/7/05
Interview: 1/10/06
Filed 1447b: 5/22/06
Answer due after 30 days extension: 8/21/06

Hello Mr. LA,
Theoretically, if your case is still with the district court, USCIS has no jurisdiction and they don't even have the right to call you for a second interview. I saw this in a judge's opinion & order, I forgot in which case. Practically, you probably can't avoid this second interview if USCIS insists. The judge can remand your case back to them and you will have to comply if you want your case approved. In my opinion, it is unlikely that the judge wants to make a decision even with the background check complete. But because you have a lawyer, in my opinion, you should trust him and follow his advice. He probably knows more about these things than we know just from reading other cases and not acually practicing immigration law. I agree with cajack that it is very well possible, that they just want to verify couple of things and nothing bad. Of course, this is just a guess and mine is as good as yours.

 

[uniqueengine]

What's the benefit by hiring a process server

Can anyone tell me what's different between hiring a process server or serve by certified mail via usps? It seems like many people are choosing process server.

Thank you very much!