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

[paz1960]

Dear participants,

I have been looking for any message dealing with how to respond to AUSA motion to dismiss the case (1471b). If the AUSA does not do anything or does not get any response from USCIS/FBI for 60 days, and then he files a motion to dismiss the case, how would then one respond?

Hello anotheronestuck,
Your question is too general, your opposition to dismiss will depend on the nature of motion to dismiss. You will have to answer the issues what the motion is addressing. Before you don't know this, it is very hard to formulate an answer. There are several options, what AUSA can do. If (s)he simply answers your complaint, without actually filing a motion, you can't file an answer to AUSA's answer. If AUSA files a motion to dismiss, you will need to oppose that. Of course, you can do some prepaprations, there were plenty of such oppositions and other cases posted on this forum, you just need to dig a little going back to earlier postings.

 

[bashar82]

Can Screaming Eagle and Bashar82 state the reasons here as to why they think they got denied?

My application was denied because I filed a lawsuit. Though the AUSA didn't admit it directly, he did call the decision "stupid".

Background: After telling me that my namecheck was pending the officer asked me to send a notarized statement in regard to an extended trip abroad in 1999-2000. I explained to the officer that I was a high school student and that residency was mainted thru my parents as I was a minor. He told me to send in the statement anyways and gave me the form with a few questions to complete. I had it notarized and couriered it within two days of my interview in June 2005. In September I went to the USCIS in Fairfax to enquire about my case and was told that my namecheck was pending and nothing about missing documents. In a status letter from USCIS in mid-December 2005, my namecheck was listed as the reason of the delay. Phyllis Howard, the district director, returned my call a few days before christmas and left a voicemail in which she stated that the namecheck was holding up my case. A little over a month later the Washington DO sent me a letter denying my case for not submitting the documents. The funny thing is that two weeks later I get a letter from the Norfolk Sub-Office stating that my case is being held up due to my namecheck.

This was a bunch of BULL because at my second interview, while the new officer was looking thru my file, guess what I saw? The original notarized statement! How do I know? Well the copy I sent to the AUSA was faxed and file copy had my signature in blue ink.

According to the second officer, this statement wasn't even necessary because I was minor at the time.

I think USCIS is a sore loser. Instead of doing their jobs properly, they make every effort to make the applicants life miserable (at least mentally) till the very last minute. And they repeat this cycle everytime.

 

[paz1960]

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.

Welcome irinich09, you are at the right place. On this forum there were many complaints and case numbers with WOM posted, you can download them from earlier posts.

 

[paz1960]

My application was denied because I filed a lawsuit. Though the AUSA didn't admit it directly, he did call the decision "stupid".

Background: After telling me that my namecheck was pending the officer asked me to send a notarized statement in regard to an extended trip abroad in 1999-2000. I explained to the officer that I was a high school student and that residency was mainted thru my parents as I was a minor. He told me to send in the statement anyways and gave me the form with a few questions to complete. I had it notarized and couriered it within two days of my interview in June 2005. In September I went to the USCIS in Fairfax to enquire about my case and was told that my namecheck was pending and nothing about missing documents. In a status letter from USCIS in mid-December 2005, my namecheck was listed as the reason of the delay. Phyllis Howard, the district director, returned my call a few days before christmas and left a voicemail in which she stated that the namecheck was holding up my case. A little over a month later the Washington DO sent me a letter denying my case for not submitting the documents. The funny thing is that two weeks later I get a letter from the Norfolk Sub-Office stating that my case is being held up due to my namecheck.

This was a bunch of BULL because at my second interview, while the new officer was looking thru my file, guess what I saw? The original notarized statement! How do I know? Well the copy I sent to the AUSA was faxed and file copy had my signature in blue ink.

According to the second officer, this statement wasn't even necessary because I was minor at the time.

I think USCIS is a sore loser. Instead of doing their jobs properly, they make every effort to make the applicants life miserable (at least mentally) till the very last minute. And they repeat this cycle everytime.

Bashar82, was your case finally approved at the administrative appeal with a senior USCIS officer?

 

[paz1960]

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!

I used as many others USPS certified mail with return receipt requested. It worked fine for me, although the "green card" from FBI still didn't come back. But in my district court they accepted as proof of service also the USPS tracking web printouts with the "green slips" (proof of mailing). There are some courts where they actually request the signed return receipts, I'm guessing that in such places a process server can be handy, because they can obtain the signature when they deliver the complait+summons. I just assume that this service must be a lot more expensive than the USPS.

 

[uniqueengine]

I used as many others USPS certified mail with return receipt requested. It worked fine for me, although the "green card: from FBI still didn't come back. But in my district court they accepted as proof of service also the USPS tracking web printouts with the "green slips" (proof of mailing). There are some courts where they actually request the signed return receipts, I'm guessing that in such places a process server can be handy, because they can obtain the signature when the deliver the copmplait+summons. I just assume that htis must be a lot more expensive than the USPS.

Thank you very much, paz1960.

I will check with court clerk in my district (MA) to see if they accept USPS tracking printout as proof, and post update here.

 

[Screaming_Eagle]

My application was denied because I filed a lawsuit. Though the AUSA didn't admit it directly, he did call the decision "stupid".

Background: After telling me that my namecheck was pending the officer asked me to send a notarized statement in regard to an extended trip abroad in 1999-2000. I explained to the officer that I was a high school student and that residency was mainted thru my parents as I was a minor. He told me to send in the statement anyways and gave me the form with a few questions to complete. I had it notarized and couriered it within two days of my interview in June 2005. In September I went to the USCIS in Fairfax to enquire about my case and was told that my namecheck was pending and nothing about missing documents. In a status letter from USCIS in mid-December 2005, my namecheck was listed as the reason of the delay. Phyllis Howard, the district director, returned my call a few days before christmas and left a voicemail in which she stated that the namecheck was holding up my case. A little over a month later the Washington DO sent me a letter denying my case for not submitting the documents. The funny thing is that two weeks later I get a letter from the Norfolk Sub-Office stating that my case is being held up due to my namecheck.

This was a bunch of BULL because at my second interview, while the new officer was looking thru my file, guess what I saw? The original notarized statement! How do I know? Well the copy I sent to the AUSA was faxed and file copy had my signature in blue ink.

According to the second officer, this statement wasn't even necessary because I was minor at the time.

I think USCIS is a sore loser. Instead of doing their jobs properly, they make every effort to make the applicants life miserable (at least mentally) till the very last minute. And they repeat this cycle everytime.

Ok, looks like bashar82 and I have onething in common. It is documents issue. My answer during the interview did not match what the documents showed. I was unable to provide them with additional documents they requested of me. If I was able to obtain all documents they requested, I would have been an American by now. Now I am getting all documents together before I file an appeal.

Although I know there is no chance to prevent the judge from dismissing my case, I went ahead and filed a motion to oppose the dismissal supported by additional documents to clear my name. I also found a mistake they made on their decision. There was only 20 days period between the day they requested the documents and the day they made their decision.

This was clearly a violation of 8 CFR 103.2(b)(8) which states in part
"... the Service finds that the evidence submitted either does not fully establish eligibility for the requested benefit or raises underlying questions regarding eligibility, the Service shall request the missing initial evidence, and may request additional evidence, including blood tests. In such cases, the applicant or petitioner shall be given 12 weeks to respond to a request for evidence. Additional time may not be granted."

In the worse case, it will be on file if I have to sue then again in two years.

Eagle

 

[Screaming_Eagle]

eagle,

I guess the CIS suspected you joined
many other foreign forces

I think you have been kind enough to have provided us with more than enough information
for this unfair denial.

Given this situation, would you think it might
be helpful to get a lawyer involved? would
you want to get some support letter from
your general's office? would you want
to disclose this case to some news agency?

in any case, soldiers who were/are fighting
for the freedom of this country do not
deserve this ordeal.

We hope to get your happy news soon.
rob

Rob, thanks for your support and sorry for the delay in answering your questions.

Attorney: At this point, I do not think it is necessary to hire a lawyer (lawyer will not make it move any faster), besides, I can not afford one.

Army support: Oh yeas... I requested and received a memorandum from the Army to support my case and appeal

News agency: I am not sure at this time.

Please check my other posts for more details.

 

[Screaming_Eagle]

I think I have a situation that I am going to get a denial for sure.....

Do not worry my friend, you have a great chance, you are on active duty. One thing they will have to be very caerful about, they will have to think twice before denying your case based on "Failure to demonstrate good moral character", they know active duty members are already demonstrating the highest standard of moral character...

I think I have NO CHANCE whatsoever now. By looking at Screaming Eagle's sitaution I am definitely sure that they will find this.

If you were not convicted of anything, you are clean

Should I withdraw my application? I DID NOT SLEEP this weekend, my wife was miserable trying to put up with my crabbiness.

DO NOT withdraw your application "Failure is not an option" my friend. If I were you I would be worried more about making the wife mad than USCIS

My only relief in my mind is that, my FOIA request said they no main file records and for this "crime" they didn't take any action. But still, I am looking at a denial for sure.

That is a good sign

 

[hayyyoot]

Motion to remand case to Agency- PLEASE HELP ASAP

Hello everyone;
here are my details:
N-400 RD: 11/17/2005
ID:4/21/2006
1447(b): 8/28/2006
US attorney served same day
on 10/26/2006: defendants filed a motion for a 30 days extension, was granted by judge
They claimed in their motion for extension that the extension is needed for plaintiff to determine what she wants to do.
11/1/2006 I filed an answer, not opposing the extension, but, clarifying to the judge that it is not me who needs the extension, and that I am willing to remand or dismiss if they will provide a firm timeframe to adjudicate my case.
Today 11/21/2006 defendants filed a motion to Remand case to agency, they simply stated the background, and requested that the judge remand the case back to the USCIS, because THE USCIS MAY BE ABLE TO ADJUDICATE MY CASE WITHIN 30 DAYS, they didn't challenge the jurisdiction, or mention anything else. I of course refuse the idea of may be. So, I need to write a response, can anybody help me with that? what should I write?????
I am from Las Vegas, 2nd case of 1447 ever in Vegas, the first guy's case is now dormant.
Any suggestions are appreciated.

 

[dhua]

Time line update

I became a US Citizen on 11/16/06. Thanks everyone on this great forum.
I received my congress women's reply for inquiring on my name check status from both FBI and USCIS. I updated the time line below. Hope it helps.

 

[stoyan79]

My AUSA clearly does not want to work with me, I called him twice already and he says, that he cannot give me any information and he still has some time left before the 60 days are over. He said that he will file a motion once he finds out what is going on from FBI and INS. How did you guys get friendly AUSAs?

 

[paz1960]

My AUSA clearly does not want to work with me, I called him twice already and he says, that he cannot give me any information and he still has some time left before the 60 days are over. He said that he will file a motion once he finds out what is going on from FBI and INS. How did you guys get friendly AUSAs?

Unfortunately, this is a matter of luck. AUSA is also a human, and we are different. He is certainly not required by any law to tell you anything besides the official court documents. However, it is usual that they try to work with you to solve your case before it goes in front of a judge. But it is not mandated (or at least I am not aware of). And you certainly don't have a choice who is the AUSA assigned to your case. Remember that he is not your counsel, he represents your adversary, the government. However, there is no reason to worry. If both of you are polite, businesslike and professional, everything will be fine. he will file something, you will oppose it, time is going on and most likely the case will be solved before the judge have to issue an order. We must understand that filing these lawsuits, there is no absolute guarantee, that everything will go as we wish. It happens in the wast majority of the cases, but not always. All what you can do is to do your homework, prepare yourself as good as you can that at the end of the whole ordeal you should be able to look back and say: yes, I did everything what depended on me. There are factors, what are out of our control and as we can't influence the weather, we can't either influence how friendly or sympatetic is the AUSA or the judge.

 

[paz1960]

Hello everyone;
here are my details:
N-400 RD: 11/17/2005
ID:4/21/2006
1447(b): 8/28/2006
US attorney served same day
on 10/26/2006: defendants filed a motion for a 30 days extension, was granted by judge
They claimed in their motion for extension that the extension is needed for plaintiff to determine what she wants to do.
11/1/2006 I filed an answer, not opposing the extension, but, clarifying to the judge that it is not me who needs the extension, and that I am willing to remand or dismiss if they will provide a firm timeframe to adjudicate my case.
Today 11/21/2006 defendants filed a motion to Remand case to agency, they simply stated the background, and requested that the judge remand the case back to the USCIS, because THE USCIS MAY BE ABLE TO ADJUDICATE MY CASE WITHIN 30 DAYS, they didn't challenge the jurisdiction, or mention anything else. I of course refuse the idea of may be. So, I need to write a response, can anybody help me with that? what should I write?????
I am from Las Vegas, 2nd case of 1447 ever in Vegas, the first guy's case is now dormant.
Any suggestions are appreciated.

Hello hayyyoot,

I think that you are now really close to have this case finished. I would file an Opposition to the defendant's motion to remand, stating that I agree with the remand but only with the condition that USCIS will adjudicate my case in 30 days (not only "maybe"). If the case is not adjudicated in 30 days, the court should re-open it and make their own determination of the matter. This is unlikely that will happen, my guess is that AUSA can convince USCIS to agree with the wording that they SHOULD adjudicate your case in 30 days.

 

[Bushmaster]

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?

Mr LA, one of the reasons they are wanting this interview might be just that they intend to use it as an argument at court to initiate a second 120 day deadline, I know the statute is clear but they have done this before, they argued 120 days started after the second interview because they were not done examining you the first time. I don't think you have got anything to lose and I bet you anything is that this interview is for some stupid reason you are going to laugh about. Another thing, you might just get naturalizaed that day.

 

[Bushmaster]

Rob, thanks for your support and sorry for the delay in answering your questions.

Attorney: At this point, I do not think it is necessary to hire a lawyer (lawyer will not make it move any faster), besides, I can not afford one.

Army support: Oh yeas... I requested and received a memorandum from the Army to support my case and appeal

News agency: I am not sure at this time.

Please check my other posts for more details.

Screaming Eagle,

ARMY REGULATION 601-210

Personnel Procurement
REGULAR ARMY AND ARMY RESERVE ENLISTMENT PROGRAM

Page 61

Section XV

Special Processing for Enlistment of Immigrant Aliens

5–56. General

Aliens (lawfully admitted into the United States for permanent residence) are eligible to enlist in the RA or AR if they meet criteria in chapter 2 or 3 but may not enlist for any MOS, assignment, or option that requires a security clearance of secret or above. Guidance counselors will place special emphasis on these individuals SF 86 to ensure all questions, not just moral questions, are reviewed with the applicant.

5–57. Processing

Procedures to process immigrant aliens for enlistment are the same as for U.S. citizens. For aliens enlisting for an MOS not requiring a security clearance, initiate a request for ENTNAC, the same as a U.S. citizen.


Page 67

Section II

Guidance Counselor Processing Phase

6–5. Procedures applicable to Regular Army and Army Reserve

Procedures below apply to both the RA and AR. The guidance counselor will—

j. Ensure resident aliens are not processed for any MOS, training, or assignment requiring a security clearance.

http://www.army.mil/usapa/epubs/pdf/r601_210.pdf

Print this out and stick it to them.

 

[wenlock]

Important

Fellows I need help. Does any one knows how to remove attorney on record from your file. I am hearing some stuff about my attorney that is not making me feel good. I want to remove him out of my file. I fell for his sales tactics coz he sounded very convincing. But now I am hearing stuff that is not good about him plus one news coverage so I do not want him to handle my services. I would like to remove him from my file before I tell him.

I am filling my suit Pro se so he is not involved in that he got me convinced that he can get my name check clear with out law suit. This was before I knew about this forum and before I had any knowledge about name check.

At that time I fell for it but now he is not making sense to me so I want to take him off the record.

Any help will be really appreciated

Thanks

 

[paz1960]

Fellows I need help. Does any one knows how to remove attorney on record from your file. I am hearing some stuff about my attorney that is not making me feel good. I want to remove him out of my file. I fell for his sales tactics coz he sounded very convincing. But now I am hearing stuff that is not good about him plus one news coverage so I do not want him to handle my services. I would like to remove him from my file before I tell him.

I am filling my suit Pro se so he is not involved in that he got me convinced that he can get my name check clear with out law suit. This was before I knew about this forum and before I had any knowledge about name check.

At that time I fell for it but now he is not making sense to me so I want to take him off the record.

Any help will be really appreciated

Thanks

Hello wenlock, can you be a little more explicit? From where do you want to remove your attorney? You wrote that you are (or you plan to be) a Plaintiff Pro Se and he is not involved in the lawsuit. In this case I don't really understand from where do you want to remove him.

 

[DelightFish]

Here is my good news!

Dear all,

Finally, it is my turn to tell you the good news. I just got 7 emails this morning from CRIS telling me my I-485 has been approved! I am so happy. Thanks God! I did it! I did it! I did it! Definitely, I want to thank this nice forum and the nice people here. I got all information that I need to submit the WOM. Konwledge is power! Without the knowledge that I got from here, all this victory could not happen.

Here, based on my experience, I wan to remind everyone here to contact your AUSA as soon as possible once you served the summons to them. 10/30, after 20 days I served the summons, I made the first contact with my AUSA(still a little bit late, I think). He is nice and professional. From then on, we have been emailed three times. He told me what he did and what we can expect. He told me the expediated name check request has been made and it is expected three weeks to finish. But it seems that it is much less than three weeks.

Dear all, keep up your courages! If you have decided to to the lawsuit, do it as soon as possible. Also contact your AUSA as soon as possible. Good luck! You are the next! Your good news is on the way! God bless you!

 

[paz1960]

Dear all,

Finally, it is my turn to tell you the good news. I just got 7 emails this morning from CRIS telling me my I-485 has been approved! I am so happy. Thanks God! I did it! I did it! I did it! Definitely, I want to thank this nice forum and the nice people here. I got all information that I need to submit the WOM. Konwledge is power! Without the knowledge that I got from here, all this victory could not happen.

Here, based on my experience, I wan to remind everyone here to contact your AUSA as soon as possible once you served the summons to them. 10/30, after 20 days I served the summons, I made the first contact with my AUSA(still a little bit late, I think). He is nice and professional. From then on, we have been emailed three times. He told me what he did and what we can expect. He told me the expediated name check request has been made and it is expected three weeks to finish. But it seems that it is much less than three weeks.

Dear all, keep up your courages! If you have decided to to the lawsuit, do it as soon as possible. Also contact your AUSA as soon as possible. Good luck! You are the next! Your good news is on the way! God bless you!

Hello DelightFish, I am delighted to hear the good news! Congratulations! You did it! Good job! I took your advice and contacted AUSA next day. Hope that mine is as helpful like yours was.