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

paz1960 said:
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.

Thanks Paz1960,
I will try to write a letter to her boss, but who is her boss I don't know. Who should be the person to have this letter? and what is the shitable words towards my AUSA? Do you have any suggestions?
By the way, how about your Name Check case going?

Have a nice holiday!
 
Hi, I got 3 out of 5 my cards back, suprisingly, even with FBI the one to Mueller, 2 of the cards don't have signature, except someone print a name on B: received by.XXX. The one to Gonzalez only wrote "DHS" That was it.
uniqueengine said:
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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needsolution said:
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?

This happened to a friend of mine. A letter was sent alleging it was a fraud marriage. Years later, friend goes to permanent residency interview and asks officer about the letter. The response was:

"WE GET THAT KIND OF LETTERS ALL DAY LONG AND WE JUST TOSS THEM IN THE TRASH CAN"

I don't know the details of your case but just wanted share this with you all.


I strongly doubt that any name will make it to the IBIS list just because of a fraud allegation unless it has been confirmed.
 
Moon_g said:
Thanks Paz1960,
I will try to write a letter to her boss, but who is her boss I don't know. Who should be the person to have this letter? and what is the shitable words towards my AUSA? Do you have any suggestions?
By the way, how about your Name Check case going?

Have a nice holiday!
Your AUSA's boss is the US Attorney in the Northern Illinois district. His name is Patrick J. Fitzgerald. His address is:
United States Attorney's Office
Northern District of Illinois
219 S. Dearborn St., 5th Floor
Chicago, IL 60604

I'll try to compose a letter in the next couple of days, I want to send to the boss of my AUSA if my case is solved due to his work (which seems rather likely now). I'll post it here or I'll send it to you in an e-mail.

I don't know what is the status of my name check, but next Tuesday I have to go for the 2nd FP appointment. Maybe this is a good sign and the name check is complete (or will be complete soon).
 
Happy for you

paz1960 said:
Your AUSA's boss is the US Attorney in the Northern Illinois district. His name is Patrick J. Fitzgerald. His address is:
United States Attorney's Office
Northern District of Illinois
219 S. Dearborn St., 5th Floor
Chicago, IL 60604

I'll try to compose a letter in the next couple of days, I want to send to the boss of my AUSA if my case is solved due to his work (which seems rather likely now). I'll post it here or I'll send it to you in an e-mail.

I don't know what is the status of my name check, but next Tuesday I have to go for the 2nd FP appointment. Maybe this is a good sign and the name check is complete (or will be complete soon).

Seems like you are at the end of the tunnel. Happy for you :) , sorry for us since we'll be loosing an expert like you :mad:

Good luck.
 
needsolution said:
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?

What if the allegation is coming from ex spouse in the form of a letter?
 
Thanks everybody for you support

To all those who posted (or emailed) kind words to support me, I really thank you all, you have made me feel better about my situation.
Here is an update about my situation, I have called ACLU, and asked for their help, ACLU studied my case, and they also think that my case can't be used as a precident, they also think that I have a reasonable chance to be adjudicated within 30 days. However, they advisd me to still file for an appeal, the thing is that once you lose a case, you need to file a notice of appeal within 30 days, the notice is just a form, and it doesn't have to be filed together with the legal argument, I still didn't find out how much time can I take after filing the notice of appeal before I actually have to appeal.
Anyways, the ACLU advised that the notice of appeal should be filed, and if the application isn't adjudicated soon, I should file a real appeal.
What do you guys think?
Happy Holidays all.
 
springbranch said:
Seems like you are at the end of the tunnel. Happy for you :) , sorry for us since we'll be loosing an expert like you :mad:

Good luck.
I hope that you are right, but I won't believe it till I don't see the oath letter. So let's wait and see. It will take some time. And I am not planning to leave immediately this board. I got so much from it, or better to say, from the members contributing to it. I hope that I can help others in return for what I learned from others' experience. This accumulated collective knowledge it's just too valuable and we have to make sure that it will be always some people who were upset enough that took the time to read this thread and are able to transmit other people's experience to the newcomers.
 
hayyyoot said:
To all those who posted (or emailed) kind words to support me, I really thank you all, you have made me feel better about my situation.
Here is an update about my situation, I have called ACLU, and asked for their help, ACLU studied my case, and they also think that my case can't be used as a precident, they also think that I have a reasonable chance to be adjudicated within 30 days. However, they advisd me to still file for an appeal, the thing is that once you lose a case, you need to file a notice of appeal within 30 days, the notice is just a form, and it doesn't have to be filed together with the legal argument, I still didn't find out how much time can I take after filing the notice of appeal before I actually have to appeal.
Anyways, the ACLU advised that the notice of appeal should be filed, and if the application isn't adjudicated soon, I should file a real appeal.
What do you guys think?
Happy Holidays all.

Hayyyoot,

If the defendants asked for 30 days to finish your case, it is a VERY good sign. The judge approved it because defendants provided a specific instruction within their motion. Since the judge granted their motion, the motion should be treated as an order. I am almost sure they will file a response within 30 days as they said.

I am not sure if filling a notice of appeal is going to help you. If you file a notice of appeal, this may de-validate the 30 days time limit and defendants can drag it even longer.

In my case (which I lost), I pushed the court to issue an order, CIS did not finish the case by the due date, and denied my application. Now I have no other option but to file an appeal with CIS and wait for another interview within the next 6 months. CIS has no time limit on when they should finish my appeal...

I personally think you should hold on your appeal till you see their response. You can always file an objection to the judge order if you do not agree with it later on.

Good luck and Merry Christmas
 
It was the spouse too.

needsolution said:
What if the allegation is coming from ex spouse in the form of a letter?

FYI The letter I mentioned in earlier post was sent by the spouse. Spouse had gotten upset and sent the letter to USCIS but later everything cooled off and they went to the interview together. The letter didn't even show up as a concern as posted earlier.

Don't know how similar your case is, but just letting you know.
 
paz1960 said:
Your AUSA's boss is the US Attorney in the Northern Illinois district. His name is Patrick J. Fitzgerald. His address is:
United States Attorney's Office
Northern District of Illinois
219 S. Dearborn St., 5th Floor
Chicago, IL 60604

I'll try to compose a letter in the next couple of days, I want to send to the boss of my AUSA if my case is solved due to his work (which seems rather likely now). I'll post it here or I'll send it to you in an e-mail.

I don't know what is the status of my name check, but next Tuesday I have to go for the 2nd FP appointment. Maybe this is a good sign and the name check is complete (or will be complete soon).

Thanks Paz1960,
You may email to me directly. My email address: ximingz@uic.edu
 
Hello Eagle;
Well, the AUSA didn't commit to a 30 days period, he stated that the government MAY BE able to adjudicate within 30 days, which I opposed because the MAY BE isn't good enough, plus, my AUSA has used the same exact form of motion to remand in other cases, and I just wonder if this is his way to get the cases remanded back to the USCIS without instructions.
I am not going to file an appeal right away, I will file a notice of appeal, and if with 30-60 days, the case wasn't adjudicated, I will file a real appeal.
Hey, I really hope your case will get resolved soon.

Screaming_Eagle said:
Hayyyoot,

If the defendants asked for 30 days to finish your case, it is a VERY good sign. The judge approved it because defendants provided a specific instruction within their motion. Since the judge granted their motion, the motion should be treated as an order. I am almost sure they will file a response within 30 days as they said.

I am not sure if filling a notice of appeal is going to help you. If you file a notice of appeal, this may de-validate the 30 days time limit and defendants can drag it even longer.

In my case (which I lost), I pushed the court to issue an order, CIS did not finish the case by the due date, and denied my application. Now I have no other option but to file an appeal with CIS and wait for another interview within the next 6 months. CIS has no time limit on when they should finish my appeal...

I personally think you should hold on your appeal till you see their response. You can always file an objection to the judge order if you do not agree with it later on.

Good luck and Merry Christmas
 
I would love to post my experience at your site and this site

I passed my Interview for N400 back in February 2004 and to this last November I was playing the "wait" game until one smarter friend advised me to suit them. I filed a law suit against Department of Homeland Security. In response to that FBI completed my back ground check in November but at the same time they filed a motion to dismiss as well. Now I am in the process of filing a response back that they can not file a motion to dismiss since law states "If there is a failure to make a determination under [Immigration and Nationality Act “INA”] 335 [8 US.C. 1446] before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States District Court for the District in which the applicant resides for hearing on the matter. Such court has jurisdiction over the matter and may either determine the mater or remand the matter, with appropriate instruction to the Service to determine the matter."
So now I am searching for some sample of an appeal for Virginia area to respond back in professional manner. I know I will be a US Citizen sooner or later since two of my friends filed a similar law suit and got approved without "motion to dismiss" within 60 days but I have a very special luck lol. If any body has an appeal for Virginia area to file an appeal please let me know. I have a copy of appeal for exact same case for Washington State but that appeal keep referring to “9th Circuit Court” which I am not sure if I can use for Virginia or not. I'll keep you guys posted of my case.

Publicus said:
Thank you my friend. All of your wishes, moral support, and prayers are very helpful and most welcome. Thank you.

You know it's hard for me to think or focus about anything else but this ordeal with USCIS. I wasn't like this before. Basically what happened to me is that I listened to the wrong people. I seeked the wrong kind of advice. Many people do poor things in life because of the poor advice they receive. And if you've noticed, everybody in the World is ready to tell you what to do. Words are the cheapest thing in life, and you will get plenty of it. But be careful, it will cost you a lot if you follow the wrong words. And unfortunately there are plenty of them around. You see I don't advise people about issues unless I've been in their shoes or had a similar experience. You will never see me answering somebody asking questions about Adjustment of Status or H-1 Visas. But regarding Naturalization and how to deal with USCIS delays, I've been through a lot of that and can confidently speak about it. If you want to succeed in your immigration matters, you MUST seek the correct advice from knowledgeable people. And there are no more knowledgeable people that those who have experienced it.

In the past, I asked my co-workers and friends for advice. The only thing I was told is wait. And I did. My girlfriend even convinced me to forget about my case and focus on something else. And indeed, I did. For about eight months I've done nothing and didn't even think about my citizenship. It was funny, because when I received my Interview Notice, I wasn't even excited. It was like I was in a process of denial. What started all of my current action was the day I received a notice cancelling my interview for unforseen reasons. Did I care about the notice? Of course NOT. I went to the interview as asked and got it done. It was truly a good feeling to score a point against USCIS. :D
But I have to thank my friend Rahul Kumar for his encouragement. I was confused about what to do, and it was his advice to me to show up at the interview that got me encouraged.

It was about that time when I did join this forum. After the receipt of that insipid notice, I finally understood that I had to do something about my case. I had to complete it or it will haunt me and its troubles follow me around whereever I went. The months following my interview were the most active months in my immigration life ever. I sent hundreds of letters, made numerous Infopass visits, read a lot, and conducted countless amount of research. I could do this because finally I was armed with a secret weapon: INFORMATION. I knew what to do, I knew my rights, and only had to take action.

When I speak about lawyers, I am always careful in my advice. I had had bad experiences in the past. One of my previous lawyers advised me to wait. When I asked him about other routes, his answer was NONE. He never told me about the Writ of Mandamus that applicants could file if their interview has been postponed for a long period of time. He never advised me of anything. All he said is wait! Like I said, the wrong advice is costly. My lawyer used to say: It's a waiting game. And what did I do with waiting: Nothing. So Do not listen to the Waiting Game Cheerleaders. There are many of them around. And the funny thing is that most of these Cheerleaders are themselves citizens. They don't understand what is it like to be a player in the waiting game. They are on the sideline enjoying their lives, while we wake up every morning thinking about USCIS and why the hell our case is taking so long. You see what I hate to observe, is immigrants getting scared from USCIS or any immigration officer. Remember that African Americans did not have equal protection of the law, and it was until the civil rights movement that they've gained that equality. Immigrants have to do the same. The law protects you guys. Do the right thing, and fear nothing. Stand up for yourself and let nobody put you down. I mean: NOBODY.

In the end I have to say that USICS have won almost every battle, but what really matters is the War. Who wins the war is the million dollar question. I am confident I will win my war against them. And when I do, I will prepare a comprehensive website for other people to learn and profit from my experience. It is too valuable to be wasted. Which unfortunatley is the case with many other experiences by previous immigrants.

Information is power, so keep it floating.

Thank you,

Publicus.
 
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FD-258 Fingerprint

I received a letter from USCIS for a 2nd FP.
Will I be asked for a 2nd interview and than wait for FBI to check my name again?
Thanks

1st FP 18 July, 2005
Interview 31st Oct, 2005
1447(b) filled Nov 2, 2006
Eastern VA
2nd FP Dec 27, 2006
2nd Interview XXXXX
Name check cleared XXXXXX
Oath XXXXX
 
file WOM tomorrow for pending I-485, advices?

I am going to do it tomorrow, anything I have to be careful?

also have a couple of questions,

1. SUE Director of Homeland Security (DHS), and US Attorney General (USAG)?
I know that I have to sue the Director of USCIS and Director of FBI, not 100% sure if I have to sue or it is worth sueing DHS and USAG.
2. Should I have prepare SUMMONS MYSELF or the clerk will do that for me?I will not have the SUMMONS ready until I filed the complaint, right?

Thanks,
 
tang2002 said:
I am going to do it tomorrow, anything I have to be careful?

also have a couple of questions,

1. SUE Director of Homeland Security (DHS), and US Attorney General (USAG)?
I know that I have to sue the Director of USCIS and Director of FBI, not 100% sure if I have to sue or it is worth sueing DHS and USAG.
2. Should I have prepare SUMMONS MYSELF or the clerk will do that for me?I will not have the SUMMONS ready until I filed the complaint, right?

Thanks,
Hi!
I have filed my WOM case 11/22/2006 for I-485 but I am a beginer compared to other Gurus! I think they are off due to Christmass.1 I can tell you what i did.
1.Four common "personalities" people sue are ALberto Gonzales (AG), Emilio gonzales (USCIS), Michael Chertoff (DHS) and Robert mueller (FBI) and thats what i did.
2.You don't include the US attorney since he defends the above four people.
3.You fill out the summons in name of the above four people and then the lady in the court clerk office will put the clerk stamp and 60 days time period in which to respond.
4.You take the summons and mail the originals (after making copies for your record) with the complaint to respective people with certified mail and return receipt confirmation.
5.Check your local court for the following.The 60 day time clock usually starts when the USA is served. File proof of service with the court once all the defendents are served. Ask from court whether they need original receipts or the computer generated delivery confirmation is acceptable. FBI return receipt rarely returns!!! Dont waste time waiting for it.
I hope this helps.`1
 
thanks sfdurrani for the reply

thanks sfdurrani. I'll keep you posted. by the way you heard anything yet? good luck to your case too!
sfdurrani said:
Hi!
I have filed my WOM case 11/22/2006 for I-485 but I am a beginer compared to other Gurus! I think they are off due to Christmass.1 I can tell you what i did.
1.Four common "personalities" people sue are ALberto Gonzales (AG), Emilio gonzales (USCIS), Michael Chertoff (DHS) and Robert mueller (FBI) and thats what i did.
2.You don't include the US attorney since he defends the above four people.
3.You fill out the summons in name of the above four people and then the lady in the court clerk office will put the clerk stamp and 60 days time period in which to respond.
4.You take the summons and mail the originals (after making copies for your record) with the complaint to respective people with certified mail and return receipt confirmation.
5.Check your local court for the following.The 60 day time clock usually starts when the USA is served. File proof of service with the court once all the defendents are served. Ask from court whether they need original receipts or the computer generated delivery confirmation is acceptable. FBI return receipt rarely returns!!! Dont waste time waiting for it.
I hope this helps.`1
 
InfoPass appointment - name check cleared - still waiting for oath ceremony

An update on my case:

As a little background, I applied for citizenship in February 2006. I passed my interview on August 10, at which time I was told that "security checks" were pending in my case. I went for an InfoPass appointment on October 18, at which time the information officer at the front desk told me that all security checks had been cleared and that I should be scheduled for the oath soon. She also told me not to come back until 120 days after my interview (December 8). On December 15, I called the 800 number. They told me the same thing and suggested that I go in for another InfoPass appointment to find out why I had not yet been scheduled to take the oath ceremony.

Last Friday (Dec. 22), I went in for my second InfoPass appointment. First, the information officer sent me to the waiting room. Then, an immigration officer referred my case to someone on the second floor. After 2 hours of being there, another immigration officer came out and confirmed that all security checks had cleared, that my case had been approved, and that my case was simply waiting to be "verified" and then scheduled for an oath ceremony. He also gave me a new Form N-652 (Naturalization Interview Results) saying "Congratulations! Your application has been recommended for approval" and in handwriting at the bottom: "Completed, sent to be verified, then oath." When I asked how much longer I should expect to wait, he said that he did not know, citing the fact that there has been a 40% increase in applications and a 25% decrease in USCIS personnel processing applications at Fairfax. I then pointed out that my interview was over 120 days ago and asked him if he could give me a more specific time frame (weeks? months?). He said that it would likely be a few more weeks, probably in January or February. He also said that I should come back if I still have not been scheduled for the oath within the next 4 months! I left fuming!

Does anyone know what it means for a case to be "verified" after it has been approved and all security checks have cleared?

Do people think that I should wait a little longer (until the end of February) or should I file a lawsuit now? Should I send a follow-up letter to the District Director of my local office (Washington, DC - Fairfax office) threatening to sue?

My fingerprints were taken on March 18. When will they expire?

Thanks.
 
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rbarrage said:
An update on my case:

As a little background, I applied for citizenship in February 2006. I passed my interview on August 10, at which time I was told that "security checks" were pending in my case. I went for an InfoPass appointment on October 18, at which time the information officer at the front desk told me that all security checks had been cleared and that I should be scheduled for the oath soon. She also told me not to come back until 120 days after my interview (December 8). On December 15, I called the 800 number. They told me the same thing and suggested that I go in for another InfoPass appointment to find out why I had not yet been scheduled to take the oath ceremony.

Last Friday (Dec. 22), I went in for my second InfoPass appointment. First, the information officer sent me to the waiting room. Then, an immigration officer referred my case to someone on the second floor. After 2 hours of being there, another immigration officer came out and confirmed that all security checks had cleared, that my case had been approved, and that my case was simply waiting to be "verified" and then scheduled for an oath ceremony. He also gave me a new Form N-652 (Naturalization Interview Results) saying "Congratulations! Your application has been recommended for approval" and in handwriting at the bottom: "Completed, sent to be verified, then oath." When I asked how much longer I should expect to wait, he said that he did not know, citing the fact that there has been a 40% increase in applications and a 25% decrease in USCIS personnel processing applications at Fairfax. I then pointed out that my interview was over 120 days ago and asked him if he could give me a more specific time frame (weeks? months?). He said that it would likely be a few more weeks, probably in January or February. He also said that I should come back if I still have not been scheduled for the oath within the next 4 months! I left fuming!

Does anyone know what it means for a case to be "verified" after it has been approved and all security checks have cleared?

Do people think that I should wait a little longer (until the end of February) or should I file a lawsuit now? Should I send a follow-up letter to the District Director of my local office (Washington, DC - Fairfax office) threatening to sue?

My fingerprints were taken on March 18. When will they expire?

Thanks.

I would send a letter to congressman to inquiry about it. If you name check is clear if you file law suit I am sure you will be able to settle within one or two weeks. It is safe to apply for 1447b case you should be able to settle very quickly.
 
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