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

stoyan79 said:
You should look at this as a good news, your case is very strong now.
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Hopefully! I am so stupid to believe that they will do their job to process my application for a long time (That is why my application is stucked for almost three years and I never pay attention to it) untill one day I realized my application is delayed beyond reasoning. Now I am in the other extreme and think that any bad thing that other people will not experience is going to happen to me.
 
Question about attorney

i have question about attorney on file. If you have attorney on file for your pending petition where do you get all your mail from USCIS at attorney address or applicant mailing address or Both.

Please confirm this for me if some one kept attorney for there pending petition with USCIS.

I removed my attorney from file but in worst case if USCIS send some thing to him I want to make sure I get all notices at my address.
 
wenlock said:
i understand it is frustating but adding another A number does not make any difference to Name check process. As long as you are using same name and date of birth you are fine. FBI name check is valid for 4 months. If you get result for new or old name check request both should be fine as long as name is same.

Yes you can clearly add all this information to your motion to dismiss response. I hope this will buy you some sympathy in front of Judge.
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Wenlock:
Thank you for suggestion and let me know something about A number and name check. I can feel my 3 years pending application is in a mess now. I will go to local immigration office again through infopass after fingerprint and see what really happened to my application. The local immigration officers are helpful in my area. Usually, I can get some information from them. I learned a lesson to trace my case and my application carefully.
 
wenlock said:
i have question about attorney on file. If you have attorney on file for your pending petition where do you get all your mail from USCIS at attorney address or applicant mailing address or Both.

Please confirm this for me if some one kept attorney for there pending petition with USCIS.

I removed my attorney from file but in worst case if USCIS send some thing to him I want to make sure I get all notices at my address.
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Usually, USCIS will send mail to both your attorney and yourself. However, like the notice of my 2nd emergent FP, USCIS directly fax the notice to my attorney and didn't contact me. They may send a mail to me late, but I will definitely miss their appointment if I didn't get the notice from my attorney.
 
Guys and Gals, I had my telephone conference with the judge and the AUSA and everything went better than I expected, I am the first case of this kind in the Northern District of Indiana and it seems that this is a friendly district! The judje called me on time and then called the AUSA and the judge was very friendly, I did not even had to say anything, I was basically just saying yes and no, she asked the AUSA what was the hold and why I am not a citizen yet and then told the AUSA that she will not grant the Request for a Remand" because she does not want the case back in court, she said that she wants the USCIS to make me a citizen before the next phone conference which she scheduled to be in 60 days, and she told the AUSA that if I am not citizen by then she would want a very good explanation WHY on the next conference. The AUSA said that he will call the USCIS today to ask why I have not received the oath letter yet, and he assured the judge that I will be citizen in 60 days! WOW! The judge was awesome, I was prepared to ask for 30 days timeframe for me to receive the oath letter, but she did that before I can even suggest it!


paz1960 said:
Looks to me that your case is practically approved. I saw couple of cases when the applicant was called for a second interview just to verify that the info they have on file, is correct. Because under 3. AUSA wrote that "Petitioner's case has been granted", I think that this can be the reason in your case, why this final hearing.

If they take seriously the statue, USCIS lost jurisdiction as soon you filed your lawsuit, and because of this, they can't act on your application. So, in my opinion, remand is the only logical step at this stage. But try really hard tomorrow to bargain for a specific timetable in the remand order, i.e., ask the defendants to agree and the judge to order in his remand the time limit that USCIS should adjudicate your case and in the case of approval, they should issue an oath letter as soon as possible but not later than 30 days after the date of the Remand Order. I believe that this can be relatively easy because they have your background check result and they already granted your application.

Show them (and mainly to the judge) that you are willing to compromise, i.e., agree with the remand, but let them know that you need a firm assurance (the judge instruction) that your case will be solved in a finite, well defined timeframe. Let us know tomorrow how the conference went. I'll keep my fingers crossed for you.
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Good call

calmguy said:
I think we all need to send out an email to CNN and other media channnels.
I am sure if we generate enough media attention something will be done as namecheck is affecting the Citizenship process also.
So lets all send out a letter to Lou Dobbs and mention all our efforts and problems etc.
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No cry, no attention. Complaining always pays off.
 
What a lie!

wenlock said:
Check this story out that washington post ran today

http://www.washingtonpost.com/wp-dyn/content/article/2006/12/20/AR2006122001910.html
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From the link provided above.

"USCIS spokeswoman Chris Rhatigan said her agency processes citizenship applications as quickly as it can and is not responsible for the backlog that results from the delay in background checks.

Rhatigan said requests often stall because questions arising from the applications go unanswered. "There could be a number of different reasons," she said. "It could be a failure to respond or a request for additional information.""
 
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Thanks everybody in this Thread

Thanks everybody in this thread! Especially thanks to Publicus, the person who started this thread! You are a hero! Thank you, Paz1960, syt, junhuaw, and Northcoast99! without your help, I don't know how desperate I will be and how long I will continue to wait for the forever-pending I485.

Merry Christmas and Happy New Year! :)

After 32 months waiting, I got GC approved!

My WOM started 11-07-2006 and I got GC approved on 12-14-2006. The name check was cleared on 12-09-2006. Everything became so efficient after I filled the WOM.

My AUSA told me, "even in the holiday season, people are still working". Don't doubt, everybody, you will be successful too! :) :) :)
 
one question after file WOM

hI,PAZ, i have one more question. i saw on the sumonns, it's 60 days limit for the usa attorney and all the defendent. the 60 days count from the day i file the lawsuit or from the day the us attorney office signed my summons which i mailed with certified mail with return post card? it's has couple of days difference. I had wanted to serve in by myself the day when i filed, but the lady in the court told me , i can not serve the package in person by myself, it has to be deliveried by another person which is over 18 years old. even the us attorney office and the courthouse in the same building, i still have to mailed it.
 
stoyan79 said:
Guys and Gals, I had my telephone conference with the judge and the AUSA and everything went better than I expected, I am the first case of this kind in the Northern District of Indiana and it seems that this is a friendly district! The judje called me on time and then called the AUSA and the judge was very friendly, I did not even had to say anything, I was basically just saying yes and no, she asked the AUSA what was the hold and why I am not a citizen yet and then told the AUSA that she will not grant the Request for a Remand" because she does not want the case back in court, she said that she wants the USCIS to make me a citizen before the next phone conference which she scheduled to be in 60 days, and she told the AUSA that if I am not citizen by then she would want a very good explanation WHY on the next conference. The AUSA said that he will call the USCIS today to ask why I have not received the oath letter yet, and he assured the judge that I will be citizen in 60 days! WOW! The judge was awesome, I was prepared to ask for 30 days timeframe for me to receive the oath letter, but she did that before I can even suggest it!
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Hello Stoyan79,
Thank you for the update about your teleconference. Looks that you were really lucky with this friendly judge. I think that you got a very big support from her and AUSA certainly will do everything possible to avoid going back to the judge again with some stupid explanation what even he doesn't believe. My guess is that after the holidays your case will be solved very soon.
 
mgzh said:
hI,PAZ, i have one more question. i saw on the sumonns, it's 60 days limit for the usa attorney and all the defendent. the 60 days count from the day i file the lawsuit or from the day the us attorney office signed my summons which i mailed with certified mail with return post card? it's has couple of days difference. I had wanted to serve in by myself the day when i filed, but the lady in the court told me , i can not serve the package in person by myself, it has to be deliveried by another person which is over 18 years old. even the us attorney office and the courthouse in the same building, i still have to mailed it.
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Here is what I found in the Northern California district Pro Se handbook:

"Rule 12(a)(3)(A) of the Federal Rules of Civil Procedure states that the United States, an agency of the United States, or an officer or employee of the United States sued in an official capacity must file a written response to the complaint within sixty days after the United States Attorney is served."
 
ann2006 said:
Thanks everybody in this thread! Especially thanks to Publicus, the person who started this thread! You are a hero! Thank you, Paz1960, syt, junhuaw, and Northcoast99! without your help, I don't know how desperate I will be and how long I will continue to wait for the forever-pending I485.

Merry Christmas and Happy New Year! :)

After 32 months waiting, I got GC approved!

My WOM started 11-07-2006 and I got GC approved on 12-14-2006. The name check was cleared on 12-09-2006. Everything became so efficient after I filled the WOM.

My AUSA told me, "even in the holiday season, people are still working". Don't doubt, everybody, you will be successful too! :) :) :)
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Congratulations Ann2006! It is a very nice Christmas present this approval. Enjoy!
 
Hi hayyyoot,
I am very sorry to hear your situation. All of the valuable time, money and effort wasted. I know you are sad and exhausted right now but you will be fight back. I am in sixth district court same as paz1960 and it is trend here to remand the case back to USCIS without any instruction. This is one of the things holding me not to file my 1447b. Any how, I will post two motion filed by two plaintiff’s attorney not to remand the case or if remanding then remand with instruction, both failed.
Again, be brave, this is your life do not let the other people to play with it.
Best wishes.


hayyyoot said:
It looks to me that my judge will waste no more time, my case is terminated according to pacer.
I called ACLU today, tehy said that if my case went on law west, or westlaw? it will be a precedent, they agreed that it is in everybody's interest to consider an appeal. However, the appeal is a very hard thing that I can't handle on my own, there are no immigration portals for appeals, and I can't afford ten of thousands of dollars for an appeal lawyer. I also looked at pacer for appeal cases, and you can only see the doccket history, they don't allow you to download the actual cases.
So, now that the reality is sinking in, I am in trouble either way, if my case got adjudicated, I might become a second Danilov, if it didn't I am screwed, so, there, life is hard.
Paz, you are teh brains here, have you seen an appeal sample somewhere online? I don't know what to do.
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X'mas gift?

I filed my WOM for my I-485 in late October and I tried to contact my AUSA since about 1 month ago. Unfortunately I never got to talk to him--he just doens't pick up the phone or return my message.

Now today I got email from USCIS that my case is moved to local office and the local office will schedule an interview with me. Quite a gift for X'mas, huh?

I guess I still have many quesitons.

0, first, does this mean my name check is cleared?

1, my case actually lists both me and my spouse (which is beneficiary on my case) as plaintiffs. only after i submitted my WOM did i find from this thread that this is techniqually not allowed. and today when i got email, only my case is moved, my spouse's is not. does this have anything to do with the fact that we listed both as plaintiffs?

is it normal that two connected cases do not progress together? for all other applications that I and my spouse had, they all moved together.

2, i saw in many cases people just received emails saying that the case is approved and the applicant should receive the green card soon. why in my case, i have to do an interview? does that imply anything?

3, i have a pretrial conference scheduled on 1/5, what should i say there about my own I-485 now that it's now at local office? what should i say about my spuse's I-485 now that there is no progress at all?

Thank you all and have a great holida!
 
lenscrafterslen said:
I filed my WOM for my I-485 in late October and I tried to contact my AUSA since about 1 month ago. Unfortunately I never got to talk to him--he just doens't pick up the phone or return my message.

Now today I got email from USCIS that my case is moved to local office and the local office will schedule an interview with me. Quite a gift for X'mas, huh?

I guess I still have many quesitons.

0, first, does this mean my name check is cleared?

1, my case actually lists both me and my spouse (which is beneficiary on my case) as plaintiffs. only after i submitted my WOM did i find from this thread that this is techniqually not allowed. and today when i got email, only my case is moved, my spouse's is not. does this have anything to do with the fact that we listed both as plaintiffs?

is it normal that two connected cases do not progress together? for all other applications that I and my spouse had, they all moved together.

2, i saw in many cases people just received emails saying that the case is approved and the applicant should receive the green card soon. why in my case, i have to do an interview? does that imply anything?

3, i have a pretrial conference scheduled on 1/5, what should i say there about my own I-485 now that it's now at local office? what should i say about my spuse's I-485 now that there is no progress at all?

Thank you all and have a great holida!
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I think your 1/5 pretrial conference is for the 30 day extension. Don't worry. I don't understand why Local USCIS will interview you? But I don't think you will have any trouble. From PACE, I found that almost all the Name Check case were revoled except that the Plaintiffs really did somethings bad.
By the way, from your case, I deeply feel that I am so lucky having a nice AUSA. She answered my each inquiring call and email, told me case update details and always gave me encouraged. My daughter and I went to her office to thanks her in person yesterday.

Good luck! and Keep confident!
 
Moon_g said:
I think your 1/5 pretrial conference is for the 30 day extension. Don't worry. I don't understand why Local USCIS will interview you? But I don't think you will have any trouble. From PACE, I found that almost all the Name Check case were revoled except that the Plaintiffs really did somethings bad.
By the way, from your case, I deeply feel that I am so lucky having a nice AUSA. She answered my each inquiring call and email, told me case update details and always gave me encouraged. My daughter and I went to her office to thanks her in person yesterday.

Good luck! and Keep confident!
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Hello Moon_g,
If you are really satisfied with your AUSA's help and want to show her your appreciation, you can write a letter to the US Attorney in that district (your AUSA's boss) and express your appreciation of AUSA's excellent work. This can be an important piece of paper in her personal folder when they are considering her for promotion or salary raise.

I learned this when I was dealing with my GC (I was a diversity visa holder - green card lottery winner) and I needed some help from the State Department Visa Section. There was an employee, who was very responsive and although he could not help too much but his responsiveness and constant encouragement meant a lot to me. When I thanked him his very professional behaviour and help, I learned that writing a letter of commendation to his boss can be potentially a positive thing for him. And indeed, later I received a "thank you note" from the head of the whole Visa Section in the State Department for this letter of commendation. Probably I will never find out if my letter really helped the guy, who was nice to me and tried to help my case, but it didn't cost me anything and everybody felt good about it.
 
if you have an IBIS hit, possible reasons for it?

Please review this scenario and tell me your best guess:

A naturalizaton applicant has an IBIS hit, and they are telling him that IBIS system disclosed possible negative information on the applicant and they had alerted other federal relevant agency/agencies to investigate this mysterious IBIS hit but they do not tell him which agency they alerted or what the investigation is about and years pass by without a decision on the naturalization application.

Question: If someone sent a letter to USCIS alleging the applicant of marriage fraud, could this be the reason for the IBIS hit? If someone makes a marriage fraud allegation against a permanent resident, do they put it in IBIS and could this be the reason for IBIS hit?

I know IBIS system includes a lot of data from several government agencies, but do you know if they keep information on marriage fraud allegations in IBIS system?
 
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Help on Emilio T Gonzale's address

Hi,

My USPS certified mail green card receipt was returned without signature.

The address I used is:

Emilio T Gonzalez, Director of USCIS
Office of the General Counsel
US Department of Homeland Security
Washington D.C. 20528


Anything wrong with this address?

I also serve Michael Chertoff on the same address. The green receipt was returned with signature on it.

Thanks
 
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