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

Tedious Opinion

Here is another tedious opinion, where the court retains jurisdiction for a 1447(b) case, but issues an opinion to remand with no onus on when name check must be completed! It is laughable that CIS needs to adjudicate within 30 days, but the court essentially buys the rubber-stamp statistics pertaining to name checks remaining pending beyond 6 months for only 1% of all name check submissions as rather reasonable! No one bothers to check or question a publicly stated CIS fact that over 130,000 naturalization applications have been delayed (for years) because name checks are pending. For this backlog to get this high (applicants subjected to black hole), some one needs to do a quick math on %tage of applications (half million new naturalizations a year) that get stuck during naturalization and not include name check submissions of visa applicants who essentially have no records. Text from the opinion...

"Accordingly, the court will order that Plaintiff's Application be decided as expeditiously as possible [*20] but in no event later than thirty days after the FBI completes Plaintiff's background check"

http://www.bibdaily.com/pdfs/Ji 11-28-06.pdf
 
I just heard it was not a good idea for a GC applicant to sue USCIS if he/she was requested for additional evidence (RFE) for his/her I-140 petition. This is because USCIS can simply deny a I-485 case by revoking the approved I-140 case. I am wondering if I should just sue FBI or USDOJ for the delay of name check without USCIS involved. Thanks.
 
Us attorney

I just talked to my US attorney. He is nice indivitual and very professional. Infact he was off today I left him messege and he returned my call from home.

He said that he made request to FBI yesterday and as soon as he hear some thing back he will let me know. He handled case like this before and know exactly what to do. He said that he will try to resolve this incident before filing any answer to court.

lets see how it goes I am feeling much better now. I offered to meet him as US attroney office is in the same building where I work. He said we can do that some time next week so I am hoping to see him next week. Let see how it goes.
 
kaixin said:
I just heard it was not a good idea for a GC applicant to sue USCIS if he/she was requested for additional evidence (RFE) for his/her I-140 petition. This is because USCIS can simply deny a I-485 case by revoking the approved I-140 case. I am wondering if I should just sue FBI or USDOJ for the delay of name check without USCIS involved. Thanks.
Click to expand...


I don't understand why you want to sue when you recieved RFE ?
 
Sue USCIS or FBI for the citizenship name checking?

Hi,

This is a great thread! I wish I have found this much eariler. My citizenship has been pending for about 2 years now (after my interview). Within this 2 years, I've been trying to find out why via infopass. The replies are always "FBI name checking". Now I have a newbie question before I take action just like many of you: if I sue USCIS but they claim it's FBI's responsibility, what am I going to do? Do I still have a case? Thanks for any hint!

Freebird2
 
Make FBI as one of the defendants in your lawsuit.

Jack

Freebird2 said:
Hi,

This is a great thread! I wish I have found this much eariler. My citizenship has been pending for about 2 years now (after my interview). Within this 2 years, I've been trying to find out why via infopass. The replies are always "FBI name checking". Now I have a newbie question before I take action just like many of you: if I sue USCIS but they claim it's FBI's responsibility, what am I going to do? Do I still have a case? Thanks for any hint!

Freebird2
Click to expand...
 
wenlock said:
I think you are in discovery phase here is the information that I found from my district court Pro se litigation guide.

Discovery
Discovery is the process of obtaining information and evidence relevant to your case.19 A
scheduling order may contain a deadline for the completion of discovery. There are many
different ways to obtain discovery. The most common are: interrogatories (written questions),
requests for production of documents, and depositions.20 Most discovery requests are directed to
the parties in the case, although under certain circumstances, discovery can be obtained from
non-parties. Conduct of discovery is governed by FRCP Rules 26-37 and Local Rules 26.01-
37.02.
When conducting discovery, be sure to make your requests promptly so that the party responding
has sufficient time before the discovery deadline to answer or object. It is also important to
respond to any discovery requests you receive by the deadline indicated unless the other party
agrees, in writing, that you may have additional time. See Local Rules 29.01 and 37.01.
*A party who does not respond to a discovery request may be subject to sanctions, which
may include dismissal of your action if you are the plaintiff, or a judgment against you if
you are the defendant.
Do not send copies of discovery requests or responses to the court for filing or for information
unless: (1) you are directed by the court to do so or (2) you are filing the discovery document in
support of or in opposition to a motion. See Local Rules 5.01 and 7.04. Send a copy of the
request to the party expected to respond and keep the original. Send the original of any
responses you provide to the party requesting discovery and keep a copy for your records.
Click to expand...
I also got the same letter from the court (in Seattle):
==============
... initial disclosure and submission of the Joint Status Report and Discovery Plan:
Deadline for FRCP 26(f) Conference: 12/27/2006
Initial Disclosures Pursuant to FRCP 26(a)(1): 01/03/2007
Combined Joint Status Report and Discovery Plan as Required by FRCP 26(f) and Local Rule CR 16: 01/10/2007
==============
Does anybody know how to prepare for this FRCP 26(f) Conference? What documents or data should I prepare please?

I contacted my AUSA regarding this (and progress from USCIS). He said that he did not receive anything from USCIS yet. He said we only need to write a joint draft of memo to the judge in the conference. But I am still not quite sure how.

Thanks,
One140Nov03

PD: Nov 2003
FP: May 2004
WOM: 10/23/2006
 
Freebird2 said:
Hi,

This is a great thread! I wish I have found this much eariler. My citizenship has been pending for about 2 years now (after my interview). Within this 2 years, I've been trying to find out why via infopass. The replies are always "FBI name checking". Now I have a newbie question before I take action just like many of you: if I sue USCIS but they claim it's FBI's responsibility, what am I going to do? Do I still have a case? Thanks for any hint!

Freebird2
Click to expand...
I agree with cajack, put them both on your defendant list.
 
Hi Wenlock,

I filed WOM. I got "Answers to Complaints" from AUSA and there is some wording like "dismiss" my case. So I wrote some reply to that. I'm not sure if you can use it in your case. I haven't sent it out to the court yet so I don't know if it works well. If you want to have a look, let me know.

Jing

wenlock said:
I filed my summons and I am starting preparing for US attorney motion to dismiss.

Can some one refer me to few cases in response to motion to dismiss in reference to WOM not 1447b.

I am looking for specifically WOM related motions. I believe the argument is that time more then one or two years is unresonable.

Can some one cite any good cases please.
Thanks
Click to expand...
 
Weird case

Here are my details:
RD: 11/17/05
IV: 4/21/06
1447: 8/28/2006
AUSA due date: 10/27/06
Motion to extend for 30 days filed on: 10/26/06
Approved by judge
was contacted on 10/27/06 by AUSA and asked to agree to remand teh case back to the USCIS, in return teh USCIS MAY BE able to adjudicate my case with 30 days, I turned this rediculous offer down considering my AUSA history see vs chertoff in the District of Nevada.
on 11/21/2006 Defendants filed a motion to remand to the USCIS based on the same bs (the USCIS MAY BE able to adjudicate)
I filed an opposition to the motion the same week
One day after the AUSA was served a copy of teh oposition, I received the following email: please read and comment on it:
============================================
Mr. Gonzalez has been unsuccessful in contacting you on your cell phone today, and he asked me to send you an email regarding your case.

In order to schedule your naturalization ceremony on or about 12/15/06, it would be helpful if you immediately file an emergency motion with the court joining the government's motion to remand. Indicate in your motion that the agency can possibly schedule your oath ceremony as early as 12/15/06 if this matter is remanded to the agency immediately. Time is of the essence. Hopefully the court will act quickly.

Eunice G. Jones
Paralegal Specialist
U.S. Attorney's Office
Civil Division, DNV
333 Las Vegas Blvd., #5000 Las Vegas, NV 89101
Phone: 702-388-6206
Fax: 702-388-6787
=========================================
What do you guys think?????
Please advise.
 
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Thanks

jzdc said:
Hi Wenlock,

I filed WOM. I got "Answers to Complaints" from AUSA and there is some wording like "dismiss" my case. So I wrote some reply to that. I'm not sure if you can use it in your case. I haven't sent it out to the court yet so I don't know if it works well. If you want to have a look, let me know.

Jing
Click to expand...

Please PM me this just in case if I need it.
Thanks
 
I got the same letter(in seattle)
About how to prepare the conference: Nothing. It can be face to face, or via e-mail, or on the phone. Mine was a casual phone call from AUSA from her home (due to the snow). She just told me what she has done and what she is going to do next to resolve the case.


One140Nov03 said:
I also got the same letter from the court (in Seattle):
==============
... initial disclosure and submission of the Joint Status Report and Discovery Plan:
Deadline for FRCP 26(f) Conference: 12/27/2006
Initial Disclosures Pursuant to FRCP 26(a)(1): 01/03/2007
Combined Joint Status Report and Discovery Plan as Required by FRCP 26(f) and Local Rule CR 16: 01/10/2007
==============
Does anybody know how to prepare for this FRCP 26(f) Conference? What documents or data should I prepare please?

I contacted my AUSA regarding this (and progress from USCIS). He said that he did not receive anything from USCIS yet. He said we only need to write a joint draft of memo to the judge in the conference. But I am still not quite sure how.

Thanks,
One140Nov03

PD: Nov 2003
FP: May 2004
WOM: 10/23/2006
Click to expand...
 
Finger printing --Good sign???

I filed a 1447b suit and the usattorney filed a motion to dismiss based on Danilov. I will be preparing a opposition citing cases where Danilov was brushed aside. The interesting thing is that today i received a notice for fingerprinting for december 12th. I had my first finger printing done in feb of 2005 so since they are valid for 15 months only, they have expired. I'm just hopeful that this new appointment might mean that something positive is happening with my background check. Please let me know if any of you have any experience with this sort of thing. thanks
 
waitingforblue said:
I filed a 1447b suit and the usattorney filed a motion to dismiss based on Danilov. I will be preparing a opposition citing cases where Danilov was brushed aside. The interesting thing is that today i received a notice for fingerprinting for december 12th. I had my first finger printing done in feb of 2005 so since they are valid for 15 months only, they have expired. I'm just hopeful that this new appointment might mean that something positive is happening with my background check. Please let me know if any of you have any experience with this sort of thing. thanks
Click to expand...
I don't have personal experience, but I saw a case where Plaintiff asked USCIS to schedule a second FP, the 1st being older than 15 month. USCIS responded that they will schedule the second FP only after the name check is cleared. If we can believe this, your name check is complete so the biggest obstacle is cleared. But in order to confirm this try to contact AUSA. (S)he should know if this really happened.
 
2 questions

1 question
For WOM if USCIS,DHS,FBI are served how many lawyers assigned to the case: three or just one that will work for all 3 agencies?
2 question
I entered as B2 (tourist) and applied AOS.
Can USCIS retaliate on that base?

Thanks
 
gmlvsk said:
1 question
For WOM if USCIS,DHS,FBI are served how many lawyers assigned to the case: three or just one that will work for all 3 agencies?
2 question
I entered as B2 (tourist) and applied AOS.
Can USCIS retaliate on that base?

Thanks
Click to expand...
1. These are all part of the Government, only one Assistant US Attorney (=AUSA) will work on your case on behalf of all agencies.
2. Your question is too general to give a meaningful answer. Did you ever overstay your visa? Did you ever violate your status (e.g. worked without a work permit, went to school without the proper visa type etc.) There can be dozens of possible scenarios, all with different answers. Officially, USCIS is not retaliating, they just apply the statue and regulations. If they found you in violation of any law, rule, regulation, they certainly will deny your application. Is this a retaliation? You certainly would feel so.
 
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I hope you are right!!

paz1960 said:
I don't have personal experience, but I saw a case where Plaintiff asked USCIS to schedule a second FP, the 1st being older than 15 month. USCIS responded that they will schedule the second FP only after the name check is cleared. If we can believe this, your name check is complete so the biggest obstacle is cleared. But in order to confirm this try to contact AUSA. (S)he should know if this really happened.
Click to expand...


Hey paz, I really hope what you heard is right. I will attempt to contact us att on Monday, Although he has been sort of a jerk and called me a "line jumper" for filing the suit. I wonder if he was ever in a line that organizers agreed to limit to 120 days and then actually kept people waiting years ( in my case 16 months ). Anyways, peace and love to everyone.
 
485 Approved after Denial

Wow, I can't believe this... Yesterday it's the denial and today we received both a re-openning notice and the approval letter. Turned out that the new evidence that we sent to USCIS local office took two weeks to reach them--the very next day when they denied my wife's 485. Thank God that, after seeing the letter, the officer made a phone call to MA Election Division and had the allegation cleared right away. So she reopened the case and approved it one day after she denied it. What an emotional roller coaster!!
 
paz1960 said:
1. These are all part of the Government, only one Assistant US Attorney (=AUSA) will work on your case on behalf of all agencies.
2. Your question is too general to give a meaningful answer. Did you ever overstayed your visa? Did you ever violated your status (e.g. worked without a work permit, went to school without the proper visa type etc.) There can be dozens of possible scenarios, all with different answers. Officially, USCIS is not retaliating, they just apply the statue and regulations. If they found you in violation of any law, rule, regulation, they certainly will deny your application. Is this a retaliation? You certainly would feel so.
Click to expand...

I did not overstay or broke any laws.
 
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