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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
No, I believe you can't. See the attached court order, which deals with this issue. It is very useful ammo for the other 1447(b) lawsuits, besides dealing with the costs and attorney fees.ADULT said:Dear Guys.
I am new here. Thank you for you very helpful Forum.
Without you I would never make up my mind to start my case.
I filed 1447(b) Pro Se, Eastern District of NY.
After filing my case, District Attorney speeded up my Naturalization Application and now I have already got invitation for the Oath Ceremony.
Now District Attorney is asking me to sign the Stipulation to dismiss the case.
My question: can I ask the District Attorney to include into the Stipulation the refund of my court fee ( $350 ) without Hearing?
N400. PD 03/16/2005, BACKGROUND CHECK
FILED CASE 1447B 09/25/2006
DEFFENDANTS SERVED 09/25/2006
SECOND FP 10/13/2006
11/24/2006 ATTORNEY ASKED 40 DAYS EXTENTION
01/02/2007 ATTORNEY SENT RESPONSE TO PETITION FOR HEARING
01/12/2007 GOT INVITATION FOR OATH CEREMONY ON 01/19/2007
01/16/2007 RECIVED THE A.M. STIPULATION WITH SUGGESTION THAT EACH PARTY BEARS ITS OWN COSTS
I almost forgot: congratulations for your successful lawsuit and enjoy the newly won freedom!
Last edited by a moderator:
Today I received a call from AUSA and she said that I do not need to appear in front of judge on Jan 18 (WOM case, filed Oct 30), but I need to fax tomorrow (last day) some IDR forms. I checked the internet and there are 4 types of ADR: Arbitration, Early Neutral Evaluation, Mediation and Settlement Conferences. Any suggestions which one to choose?
foreverafter
Registered Users (C)
ADULT said:Dear Guys.
I am new here. Thank you for you very helpful Forum.
Without you I would never make up my mind to start my case.
I filed 1447(b) Pro Se, Eastern District of NY.
After filing my case, District Attorney speeded up my Naturalization Application and now I have already got invitation for the Oath Ceremony.
Now District Attorney is asking me to sign the Stipulation to dismiss the case.
My question: can I ask the District Attorney to include into the Stipulation the refund of my court fee ( $350 ) without Hearing?
N400. PD 03/16/2005, BACKGROUND CHECK
FILED CASE 1447B 09/25/2006
DEFFENDANTS SERVED 09/25/2006
SECOND FP 10/13/2006
11/24/2006 ATTORNEY ASKED 40 DAYS EXTENTION
01/02/2007 ATTORNEY SENT RESPONSE TO PETITION FOR HEARING
01/12/2007 GOT INVITATION FOR OATH CEREMONY ON 01/19/2007
01/16/2007 RECIVED THE A.M. STIPULATION WITH SUGGESTION THAT EACH PARTY BEARS ITS OWN COSTS
Congrats and please check your PM.
Thanks
Usually, FP code 3 is 1st FP code
FP code 1 is 2nd FP code
So are your 2nd FP code and 3rd FP the same, if so, then 3rd FP mail could be redo of your 2nd FP?
FP code 1 is 2nd FP code
So are your 2nd FP code and 3rd FP the same, if so, then 3rd FP mail could be redo of your 2nd FP?
wenlock said:What do u mean by code?
Your time is appreciated..
Based on Danilov case, my attorney is telling me that i should not file lawsuit because it is waste of time and money and I should wait 2/3 years before filing anything. So I am thinking of going Pro se. One last thing i need to find out is how many cases were filed in my District (MD) and the outcome.
What would be the best way to find that out? Does anyone already know the data? Should I search in pacer? what would be the search criteria? Your help is greatly appreciated.
Thank you all
Based on Danilov case, my attorney is telling me that i should not file lawsuit because it is waste of time and money and I should wait 2/3 years before filing anything. So I am thinking of going Pro se. One last thing i need to find out is how many cases were filed in my District (MD) and the outcome.
What would be the best way to find that out? Does anyone already know the data? Should I search in pacer? what would be the search criteria? Your help is greatly appreciated.
Thank you all
Last edited by a moderator:
ADULT said:Dear Guys.
I am new here. Thank you for you very helpful Forum.
Without you I would never make up my mind to start my case.
I filed 1447(b) Pro Se, Eastern District of NY.
After filing my case, District Attorney speeded up my Naturalization Application and now I have already got invitation for the Oath Ceremony.
Now District Attorney is asking me to sign the Stipulation to dismiss the case.
My question: can I ask the District Attorney to include into the Stipulation the refund of my court fee ( $350 ) without Hearing?
N400. PD 03/16/2005, BACKGROUND CHECK
FILED CASE 1447B 09/25/2006
DEFFENDANTS SERVED 09/25/2006
SECOND FP 10/13/2006
11/24/2006 ATTORNEY ASKED 40 DAYS EXTENTION
01/02/2007 ATTORNEY SENT RESPONSE TO PETITION FOR HEARING
01/12/2007 GOT INVITATION FOR OATH CEREMONY ON 01/19/2007
01/16/2007 RECIVED THE A.M. STIPULATION WITH SUGGESTION THAT EACH PARTY BEARS ITS OWN COSTS
First of all, congratulations on your victory. I agree with paz. i don't think it is a good idea to ask them for that $350. Also, my personal suggestion to you is that if it is possible, do not dismiss the case until you get your oath done and get your natuarlaztion certificate. you can dissmis the case the same day ir day after it. I am saying this because I can expect anything ugly from uscis.
I am preapring to file 1447b in Eastern District of NY very soon. My case is older than you, but i just joined this forum last week and I wanna educate myself before I file a lawsuit.
Could you please share your experiance with me on this forum because this is the same court wherer I am going to apply. Please post your letter(Lawsuit letter). you can delete all you personal information. I will be very thankful. and congrts again. Enjoy your oath ceromony!!! Best regards, dude.
Here is my info
n-400 filed march 2004
first fp july 2004
interview may 2005 (background checks pending since then)
seconed fp sep 2005
preparing to file 1447b
Interview Story
Hi Guys,
I had my interview yesterday, and everything went well, however, the officer gave me a paper that indicates I passed the language and civic test, and that USCIS will notify me via mail of their decision on the case.
Officer told me that there is another file under my name (after verifying my date of birth and parents names) which she did not have with her. I think she said there is a dublicate file in Texas Service Center, and that she can not make a determination on the case until she sees what's in that file.
Has any of you heard of similar stories? Any idea how long it might take before I hear from them?
Thanks for your help!
Hi Guys,
I had my interview yesterday, and everything went well, however, the officer gave me a paper that indicates I passed the language and civic test, and that USCIS will notify me via mail of their decision on the case.
Officer told me that there is another file under my name (after verifying my date of birth and parents names) which she did not have with her. I think she said there is a dublicate file in Texas Service Center, and that she can not make a determination on the case until she sees what's in that file.
Has any of you heard of similar stories? Any idea how long it might take before I hear from them?
Thanks for your help!
Join the PACER
If I am right, I think you were saying that you have not yet interviewed. That means that you have to file a WOM(Writ of Manadums). In order to win your case, you will have to show the court that you have exausted all your remedies such as contacting congressman, senators and district director of your uscis. There is a very good thread by publicus that explains the difference between WOM and 1447b. It is in the one of the first threads on this forum. As far as checking other cases, PACER is the best site that you can join and read about other similar cases in your and other districts, go to http://pacer.psc.uscourts.gov/
Best of Luck to you!!!!! dude
zenusa said:Based on Danilov case, my attorney is telling me that i should not file lawsuit because it is waste of time and money and I should wait 2/3 years before filing anything. So I am thinking of going Pro se. One last thing i need to find out is how many cases were filed in my District (MD) and the outcome.
What would be the best way to find that out? Does anyone already know the data? Should I search in pacer? what would be the search criteria? Your help is greatly appreciated.
Thank you all
If I am right, I think you were saying that you have not yet interviewed. That means that you have to file a WOM(Writ of Manadums). In order to win your case, you will have to show the court that you have exausted all your remedies such as contacting congressman, senators and district director of your uscis. There is a very good thread by publicus that explains the difference between WOM and 1447b. It is in the one of the first threads on this forum. As far as checking other cases, PACER is the best site that you can join and read about other similar cases in your and other districts, go to http://pacer.psc.uscourts.gov/
Best of Luck to you!!!!! dude
I think that you misread something. I did a search of zenusa posts, in his/her very first one is mentioned that (s)he had his/her interview in February 2006 in Baltimore. So there is no need to show that (s)he exhausted all the administrative remedies, although can not hurt to show the judge that lawsuit is the last measure. (S)he can file a complaint based on 1447(b).DUDE12190 said:If I am right, I think you were saying that you have not yet interviewed. That means that you have to file a WOM(Writ of Manadums). In order to win your case, you will have to show the court that you have exausted all your remedies such as contacting congressman, senators and district director of your uscis. There is a very good thread by publicus that explains the difference between WOM and 1447b. It is in the one of the first threads on this forum. As far as checking other cases, PACER is the best site that you can join and read about other similar cases in your and other districts, go to http://pacer.psc.uscourts.gov/
Best of Luck to you!!!!! dude
Last edited by a moderator:
Annamalai96
Registered Users (C)
New USCIS Rule for Expediting Namecheck
Hi Guys:
There was lot of chatter going on about the new Internal Memo by USCIS that they would not Expedite Namecheck just because the plaintiff filed WOM starting Dec 22,2006. Here is one case which was filed recently in Philadelphia and the following is the complaint filed by the Attorney. I got it from Pacer.
"In conversations with representatives of the Respondents, DHS and CIS,
including named Respondent Mr. Monica, Plaintiff’s counsel, was informed that
no internal administrative action could be taken by that agency to address the general issue this case presents. USCIS officials have stated that Defendant FBI and an unidentified agency or agencies are conducting background reviews and there is no way for USCIS or DHS to request those agencies to take action. With respect to Defendant FBI, there is no process for counsel to request review of this matter. With respect to the Unnamed Agency which is also allegedly conducting a review Plaintiff’s counsel does not even know where to start."
Counsel himself is admitting that USCIS has refused to Expedite the Namecheck. Hope the Judge will see through it.
Also I heard that they are telecasting about the plight of people stuck in Namecheck in CNN - Paula Zahn at 8 p.m. I couldnt confirm. Did Somebody hear about this?
Thanks, Keep up the Goodwork.
Annamalai
Hi Guys:
There was lot of chatter going on about the new Internal Memo by USCIS that they would not Expedite Namecheck just because the plaintiff filed WOM starting Dec 22,2006. Here is one case which was filed recently in Philadelphia and the following is the complaint filed by the Attorney. I got it from Pacer.
"In conversations with representatives of the Respondents, DHS and CIS,
including named Respondent Mr. Monica, Plaintiff’s counsel, was informed that
no internal administrative action could be taken by that agency to address the general issue this case presents. USCIS officials have stated that Defendant FBI and an unidentified agency or agencies are conducting background reviews and there is no way for USCIS or DHS to request those agencies to take action. With respect to Defendant FBI, there is no process for counsel to request review of this matter. With respect to the Unnamed Agency which is also allegedly conducting a review Plaintiff’s counsel does not even know where to start."
Counsel himself is admitting that USCIS has refused to Expedite the Namecheck. Hope the Judge will see through it.
Also I heard that they are telecasting about the plight of people stuck in Namecheck in CNN - Paula Zahn at 8 p.m. I couldnt confirm. Did Somebody hear about this?
Thanks, Keep up the Goodwork.
Annamalai
Couple of posts before wenlock explained how he collected all the cases filed during Oct. 1 Nov. 30 period from the whole country and he listed these cases. He used PACER, if you are interested only in you district, you should go to that web site, and put Chertoff in the last name box of the party. You should select 890 and 540 for the type of cases. (usually, 1447(b) based lawsuit are under 890, the WOM cases are under 540). Some N-400 applicants filed WOM lawsuits, not Petitions under 1447(b).zenusa said:Based on Danilov case, my attorney is telling me that i should not file lawsuit because it is waste of time and money and I should wait 2/3 years before filing anything. So I am thinking of going Pro se. One last thing i need to find out is how many cases were filed in my District (MD) and the outcome.
What would be the best way to find that out? Does anyone already know the data? Should I search in pacer? what would be the search criteria? Your help is greatly appreciated.
Thank you all
When you get a list of cases, you count how many total and how many are still open. This gives you the first indication, what is the upper limit of successful cases. (not necessarily all closed cases were resolved in Plaintiff's favor.) If you want to dig deeper and find out, how many of the closed cases were successful, you will need to go to the dockets of these cases and look at the end for a judge order and see what contains this. I know that it is an expensive and time consuming process, but I don't know any better (easier) way to get the info you need. Reading through these cases will be also a good opportunity to educate yourself about these types of lawsuits.
paz1960 said:Couple of posts before wenlock explained how he collected all the cases filed during Oct. 1 Nov. 30 period from the whole country and he listed these cases. He used PACER, if you are interested only in you district, you should go to that web site, and put Chertoff in the last name box of the party. You should select 890 and 540 for the type of cases. (usually, 1447(b) based lawsuit are under 890, the WOM cases are under 540). Some N-400 applicants filed WOM lawsuits, not Petitions under 1447(b).
When you get a list of cases, you count how many total and how many are still open. This gives you the first indication, what is the upper limit of successful cases. (not necessarily all closed cases were resolved in Plaintiff's favor.) If you want to dig deeper and find out, how many of the closed cases were successful, you will need to go to the dockets of these cases and look at the end for a judge order and see what contains this. I know that it is an expensive and time consuming process, but I don't know any better (easier) way to get the info you need. Reading through these cases will be also a good opportunity to educate yourself about these types of lawsuits.
Thank you Paz. I guess i will get as much as i could, at least a pattern. Wish there was a better way. I was busy with other personal issue for a while and now i have to do something about this. Came to realize, this issue is actually controlling my decisions and life. Well, I can to make any major decision for this. I am hoping to change its course by the help of this forum.
swimfitness
Registered Users (C)
Expedite Name Check
Folks:
How long in general does it take for the Name Check to clear after AOS has requested expeditious name check from FBI?
Thanks,
Y.
Folks:
How long in general does it take for the Name Check to clear after AOS has requested expeditious name check from FBI?
Thanks,
Y.
This is a question what everybody would like to know the answer. In my opinion, there is no such answer because the great variety why a name check got stuck.swimfitness said:Folks:
How long in general does it take for the Name Check to clear after AOS has requested expeditious name check from FBI?
Thanks,
Y.
From the statistics of the cases posted by wenlock, approximately half of the cases filed during October, were already closed (I assume most of them without actually going further down with a litigation, at least in the first 10 closed cases I checked with PACER, all of them were voluntarily dismissed). This would mean that with ~50 % confidence one can assume that the name check is completed in approx. 2-3 months after the lawsuit was filed and an expedited request placed with FBI. (This 50/50 chance means, your name check is completed or not during this 2-3 month timeframe).
I'm not sure that this info is very helpful for your particular case...
Jurisdiction and Location Question for filing WOM
In 2005 my I-485 application was transferred from California USCIS to USCIS HQ in Washington DC and they now have sole jurisdiction over my application. USCIS HQ requested my file even though I still reside in California.
I intend to file WOM from the California Central District court (where I live).
I have read a couple of posts where there seems to be a dispute about where the WOM should be filed.
Can somebody please reply and let me know if I should expect any jurisdictional problems from filing WOM in the California Central District court even though my file is being handled by USCIS HQ in Washington DC?
Thanks.
In 2005 my I-485 application was transferred from California USCIS to USCIS HQ in Washington DC and they now have sole jurisdiction over my application. USCIS HQ requested my file even though I still reside in California.
I intend to file WOM from the California Central District court (where I live).
I have read a couple of posts where there seems to be a dispute about where the WOM should be filed.
Can somebody please reply and let me know if I should expect any jurisdictional problems from filing WOM in the California Central District court even though my file is being handled by USCIS HQ in Washington DC?
Thanks.
Roomi1967 said:How long the finger printing is valid for N400 applications before we have to do it again? My finger printering was done in Jan 06 and I am stuck in namecheck and soon filling petition.
thanks
They are valid for 15months.
imcaffeine
Registered Users (C)
Thanks for sharing. I'm waiting for the recent case results to see if I need to file a WOM and this definitely helps us to understand the current situation.
I checked cnn website and it's the program tonight.I think that it doesn't apply to everybody here, but it might be somewhat related. We should write emails to Paula Zahn after the show and let her know that it's indeed a problem affecting everybody from many different countries.
http://www.cnn.com/CNN/Programs/paula.zahn.now/
I checked cnn website and it's the program tonight.I think that it doesn't apply to everybody here, but it might be somewhat related. We should write emails to Paula Zahn after the show and let her know that it's indeed a problem affecting everybody from many different countries.
http://www.cnn.com/CNN/Programs/paula.zahn.now/
Annamalai96 said:Hi Guys:
There was lot of chatter going on about the new Internal Memo by USCIS that they would not Expedite Namecheck just because the plaintiff filed WOM starting Dec 22,2006. Here is one case which was filed recently in Philadelphia and the following is the complaint filed by the Attorney. I got it from Pacer.
"In conversations with representatives of the Respondents, DHS and CIS,
including named Respondent Mr. Monica, Plaintiff’s counsel, was informed that
no internal administrative action could be taken by that agency to address the general issue this case presents. USCIS officials have stated that Defendant FBI and an unidentified agency or agencies are conducting background reviews and there is no way for USCIS or DHS to request those agencies to take action. With respect to Defendant FBI, there is no process for counsel to request review of this matter. With respect to the Unnamed Agency which is also allegedly conducting a review Plaintiff’s counsel does not even know where to start."
Counsel himself is admitting that USCIS has refused to Expedite the Namecheck. Hope the Judge will see through it.
Also I heard that they are telecasting about the plight of people stuck in Namecheck in CNN - Paula Zahn at 8 p.m. I couldnt confirm. Did Somebody hear about this?
Thanks, Keep up the Goodwork.
Annamalai