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

[DUDE12190]

hello everyone
quick question...? i filed 1447B in florida about a month ago, and yesturday i got a letter from the CIS to come and get new fingerprints next wednsday. i took my first prints in jully 2005, and i know they are only valid for 15 months.
here is the big question, they dont call anyone for second FP untill the name check is clear or is it just the first step in the process to get it clear.
on several old posts here many ppl montioned that the second FP notice is sign that NC clear.
any information is welcomed

I could be either because your name check is clear or it could just be that your fb expired and they r just calling you to get it done again. I believe if u filed a lawsuit a month ago, your AUSA has not yet responded to the courst or ahs he? In this situation, I persoannly, do not think that your nc is clear. I wish it is!!!

I joined this forum last week and planning to file 1447b very soon. My first fp was in july 2004 and I was interviwed in May 2005 and then I got seconed fp notice in October 2005.

I guess the best way to find out about your name check is to contact your AUSA. You could also call the 800 number but I don't think those stupids are reliable. Their systems, I believe, will still say the background checks pending even after your get your oath done. lol .

Hope this info is helpful. best of Luck to you!! and Thank you
Tahnks all and please keep up the good work!!! dude

 

[rs0a1383]

Change of Address question

I submitted my N-400 in 05/2005 in California. Interviewed in 10/2005. case pending name check since then. I moved to Texas last year.
I wnder if I want to file a lawsuit, where do I have to file?

Regards,

rs

 

[stoyan79]

Another Victory!!!

Had my oath ceremony today and everything went smooth! I am the first case in Northern District of Indiana and it seems that this is very friendly district as the judge fought for me and chewed the AUSA on several occasions, and the AUSA did request expedite service from the INS. I had my name check cleasred 3 weeks after I served the AUSA and I had my oath date 2 1/2 months after I served the AUSA. Thanks to everybody on this board as you guys helped me a lot to become a US Citizen and I want to give special thanks to Paz1960 as he answered a lot of questions in a super timely matter for me! Good luck to EVERYONE and for the ones that are still thinking if they should sue I want to say - DO IT!!!
Again THANKS and GOOD LUCK!!!

 

[Saarlaender]

Failure of U.S. Government Agencies to respond within 60 days (FRCP Rule 55)

Dear Board,

I filed the Petition for Hearing on Naturalization Application under 8 USC § 1444b and the last summons was served on November 18, 2006. I attempted to contact the U.S. District Court, Middle District of Florida to find out what ADA is working on that case. Evidently there has not been anyone assigned yet as the government has not responded.
The 60 days expired today and the clerk told me about the Federal Rule in Civil Proceedings 55 which reads as follows:

Rule 55. Default
(a) Entry.

When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.
(b) Judgment.

Judgment by default may be entered as follows:
(1) By the Clerk.

When the plaintiff's claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if the defendant has been defaulted for failure to appear and is not an infant or incompetent person.
(2) By the Court.

In all other cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other such representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party's representative) shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any statute of the United States.
(c) Setting Aside Default.

For good cause shown the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60(b).
(d) Plaintiffs, Counterclaimants, Cross-Claimants.

The provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations of Rule 54(c).
(e) Judgment Against the United States.

No judgment by default shall be entered against the United States or an officer or agency thereof unless the claimant establishes a claim or right to relief by evidence satisfactory to the court.

So I have one Congressman and one Senator working on this and am sueing the representatives of the FBI, DHS, USCIS, and U.S. Attorney General (cc: US District Attorney). Is there anything else I can do???

Thanks

D/

 

[paz1960]

I submitted my N-400 in 05/2005 in California. Interviewed in 10/2005. case pending name check since then. I moved to Texas last year.
I wnder if I want to file a lawsuit, where do I have to file?

Regards,

rs

8 U.S.C. 1477(b) is clear about this:

"If there is a failure to make a determination under [Immigration and Nationality Act “INA”] § 335 [8 U.S.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 matter or remand the matter, with appropriate instructions to the Service to determine the matter."

I hope that you sent them an AR-11 (notice to change address).

 

[DUDE12190]

I submitted my N-400 in 05/2005 in California. Interviewed in 10/2005. case pending name check since then. I moved to Texas last year.
I wnder if I want to file a lawsuit, where do I have to file?

Regards,

rs

I guess you ahve to file a lawsuit wherever your N-400 application is pending. Did you request to move your file to the Teaxas after you move?
Let us see what other people say about this. best of luck to you!!

 

[DUDE12190]

I submitted my N-400 in 05/2005 in California. Interviewed in 10/2005. case pending name check since then. I moved to Texas last year.
I wnder if I want to file a lawsuit, where do I have to file?

Regards,

rs

I guess you have to file a lawsuit whichever office your N-400 application is pending. Did you request to move your file to the Teaxas after you move?
Let us see what other people say about this. best of luck to you!!

 

[DUDE12190]

I submitted my N-400 in 05/2005 in California. Interviewed in 10/2005. case pending name check since then. I moved to Texas last year.
I wnder if I want to file a lawsuit, where do I have to file?

Regards,

rs

I guess you have to file a lawsuit where your N-400 application is pending. Did you request to move your file to the Teaxas after you move? If your file has been moved to Taxes, I blieve you can file in Texas. Also, ask a Lawyer.
Let us see what other people say about this. best of luck to you!!

 

[rs0a1383]

Change of Address

I guess you ahve to file a lawsuit wherever your N-400 application is pending. Did you request to move your file to the Teaxas after you move?
Let us see what other people say about this. best of luck to you!!

Thanks. The file is in California. I was told the file will not be moved to another office until the name check result comes back. I have been contacting California office about the status on a regular basis since the move.

 

[paz1960]

Had my oath ceremony today and everything went smooth! I am the first case in Northern District of Indiana and it seems that this is very friendly district as the judge fought for me and chewed the AUSA on several occasions, and the AUSA did request expedite service from the INS. I had my name check cleasred 3 weeks after I served the AUSA and I had my oath date 2 1/2 months after I served the AUSA. Thanks to everybody on this board as you guys helped me a lot to become a US Citizen and I want to give special thanks to Paz1960 as he answered a lot of questions in a super timely matter for me! Good luck to EVERYONE and for the ones that are still thinking if they should sue I want to say - DO IT!!!
Again THANKS and GOOD LUCK!!!

Hello stoyan79,
This is very good news, congratulations!
I have to respectfully disagree with your statement that your case was the first in the Northern District of Indiana. Unfortunately, there is at least one unsuccessful case (N-400 application, which is sometimes used as a case supporting the government position. See attached file. As you can see, Plaintiff didn't sue the FBI director and the judge used the fact that Plaintiff never requested an expedited name check from FBI against him. Strange enough...

 

[paz1960]

I guess you ahve to file a lawsuit wherever your N-400 application is pending. Did you request to move your file to the Teaxas after you move?
Let us see what other people say about this. best of luck to you!!

This guess is not good. See 1447(b) (I posted on the previous page).

 

[wenlock]

Hello stoyan79,
This is very good news, congratulations!
I have to respectfully disagree with your statement that your case was the first in the Northern District of Indiana. Unfortunately, there is at least one unsuccessful case (N-400 application, which is sometimes used as a case supporting the government position. See attached file. As you can see, Plaintiff didn't sue the FBI director and the judge used the fact that Plaintiff never requested an expedited name check from FBI against him. Strange enough...

I think that part of the problem with this decision is that PLaintiff never even paid the court fees. Judge was also not happy with that so I think he made conclusion quickly with out even going any further.

 

[zlin]

I also moved. But I'm in family based 485 application. Maybe we are a little bit similiar. I moved in June, 2006 from Ohio to Virginia, before this move, my file is in Columbus, Ohio DO. But on my infopass in Nov. 2006 in VA DO, they told me my file is still in Ohio because of Name check and also I can file a form to make them transfer my file to VA office. So I filed the form of transfer of file. Then I filed MOW in Dec. 15 (summoned) in Virginia anyways, because it's where I live now, but I couldn't put any DO director as defendant. Lately, AUSA told me we need to locate my file first. I don't know if they transfered my file yet. But I received a 2nd FP notice a week ago, the letter was from Vermont Service Center. It was very odd. I went to my 2nd FP in VA, but the finger print office is another building from VA DO, so I didn't get any chance to check with immigration officer about location of my file because they request infopass appointment, but all infopass were booked that time. The safeguard didn't let me in although we went.... cry.... So anyways my guess is, my file is still in Ohio DO because if they transfered it, I shoule have gotten FP letter from VA DO right? Just hope they won't lose it.

I submitted my N-400 in 05/2005 in California. Interviewed in 10/2005. case pending name check since then. I moved to Texas last year.
I wnder if I want to file a lawsuit, where do I have to file?

Regards,

rs

 

[paz1960]

Dear Board,

I filed the Petition for Hearing on Naturalization Application under 8 USC § 1444b and the last summons was served on November 18, 2006. I attempted to contact the U.S. District Court, Middle District of Florida to find out what ADA is working on that case. Evidently there has not been anyone assigned yet as the government has not responded.
The 60 days expired today and the clerk told me about the Federal Rule in So I have one Congressman and one Senator working on this and am sueing the representatives of the FBI, DHS, USCIS, and U.S. Attorney General (cc: US District Attorney). Is there anything else I can do???

Thanks

D/

I think that you are making some confusions here. When you sue the US government or an officer of the government in his/her official capacity, you need to serve your complaint and summons to the following entities:
1. all the defendants
2. the US Attorney General (if he is also a defendant, you don't need to serve two sets of documents)
3. the US Attorney's Office in your federal district where you filed the complaint. The US Attorney will be the counsel for the defendants, (s)he is not part of the defendants list.

You are making reference to ADA, which is the abbreviation to the Assistant District Attorney. The city/county/state DA office has nothing to do with immigration issues, this is a federal matter. You should serve the US Attorney's Office, Civil Process Clerk in your federal district. Are you sure, that you sent the summons and complaint to this office?

If yes, you should call them and not the court (the federal District Court and
the US Attorney's Office may be isn the same building but they are part of two different arms of the judiciary branch, they are strictly independent to each other) to find out who is the Assistant US Attorney = AUSA, assigned to your case.

If the 60 days expired only today, I would wait couple of days because PACER usually has a couple of days delay before a filed document shows up. Even in the unlikely event that the USA Office was served properly and they didn't file something before the 60 day deadline, it is highly unlikely that you can win by default judgement against the government, without a hearing.

 

[Saarlaender]

N-400


Hallo Paz 1960,
sorry, the ADA was a typo.
I also served the US District Attorney in this case. Actually when I filed the petition with the clerk's office of the U.S. District Court they told me to also file a formal "Summons in a civil action" with the U.S. District Attorney, even though he is, as you stated correctly, not a defendant but representing them.
I talked to the Clerk's Office in the U.S District Court who pulled the file up in the computer and told me that nobody from the U.S. District Attorney's office has been assigned to the case.
So I hope I did it the right way? Many thanks for the info.

D.

 

[aka808]

Hi, aka808, do you know if this (goes to the Washington DHS (HO) to be reviewed and cleared) apply to WOM?
what is the purpose of this? If this takes a few weeks or months, how could they wrap up the case in 60 or 90 (1 extenstion) days, let along NC got to be cleared first, which may take another "several weeks"?

The timing is not defined but gets done within a month or so from my conversations with the AUSA. I am not sure if it applies to WOM

 

[zlin]

Wenlock, I saw a post by you before. I've been always trying to come up a reasonable explaination for all the weird behaviors by USCIS, that way, I could guess more. Basicly I guess your situation is like this:
Your second finger print is what you asked to your DO though an infopass. The DO gave you that finger print themselves but they did not communicated with higher level of USCIS people very well. But your 3rd finger print is generated naturally by USCIS system because your name check is cleared.
It's just a guess. You should definately go to the 3rd finger print because USCIS computer system is very dumb. Good luck!

Today I went for my infopass appointment I wanted to follow up for name check as my law suit is pending for more then one month now.

When i went into office I was surprise to see not a single person was in office only security guy and one immigration officer they were killing time. When i went they welcomed me like they were waiting for me. Officer was real nice and friendly he said that I am sorry to say that your name check is still pending. I asked him about my Finger prints as they were expired. He said that they will schedule it when name check will complete but then I said that I have law suit pending in federal court and I do not want to wait for my finger print notice once name check completes. He understood and said that I can not take your finger prints right now but I can schedule it for earliest date possible. He scheduled me for Jan 12th 2007. He said that I will receive notice via mail with in next two three days.

He was free and had lot of time at his hand so I started asking questions about where is my file. He said it is still in Texas service center and not tranfered to local district office. I asked why is that he said that service center do not send file until all background checks are complete. Then I asked how DO schedule people for interview with out A-file he said that ya that is not recommended but in effort to reduce back log they schedule people for naturalization interviews with out A-file. He said that can find enough information about applicant in computer system that they can verify eligibility based on that. I believe this explains Paz1960 situation where his online status was still showing file in Service center even after interview.

Guy was real nice he asked me you look very informative about whole process I told him yes I am stuck in the damn name check and he smilled and said Ya i understand but it is out of his hand.

He said that every District office creates and follow there own rules guidlines are provided by service centers but we are not obligated to follow all operational guidlines District director have authority to stream line process in effort to reduce back log.

He was with INS for 15 year and very nice fellow. He said what are your plans for birthday as he figured it was coming next week. I said I can throw good party if you give me oath letter in gift he smilled and said it is not in my hand.

I also got email from my US attorney asking for 15 day extension he has not heard from FBI. I am planning to agree to extension if needed he has another 20 days before 60 days expire.

I hope things get resolved soon. Congratulations to all those in last few days who got approvals.

 

[paz1960]

Hallo Paz 1960,
sorry, the ADA was a typo.
I also served the US District Attorney in this case. Actually when I filed the petition with the clerk's office of the U.S. District Court they told me to also file a formal "Summons in a civil action" with the U.S. District Attorney, even though he is, as you stated correctly, not a defendant but representing them.
I talked to the Clerk's Office in the U.S District Court who pulled the file up in the computer and told me that nobody from the U.S. District Attorney's office has been assigned to the case.
So I hope I did it the right way? Many thanks for the info.

D.

I saw many cases where the AUSA files an entry with the court as soon as (s)he gets assigned to a case. But in many other cases (e.g., mine) AUSA will not file any entrance, only the answer or a motion in the last day of the 60 day period. What is the date when the US Attorney's Office received the summons and complaint? Did you serve them in person or by mail? The 60 days start ticking from the day after the service, at least this is the local rule in my district.

Anyway, I would call the US Attorney's office and with the name and case number they should be able to locate who is the AUSA assigned to your case. It worked for me and for many other members of this forum.

One more small detail: the correct name is US Attorney's Office, XX District (XX=your federal district name), not US District Attorney's Office. I know that is rather confusing, but these lawyers love to attack cases on technical errors.

 

[paz1960]

Wenlock, I saw a post by you before. I've been always trying to come up a reasonable explaination for all the weird behaviors by USCIS, that way, I could guess more. Basicly I guess your situation is like this:
Your second finger print is what you asked to your DO though an infopass. The DO gave you that finger print themselves but they did not communicated with higher level of USCIS people very well. But your 3rd finger print is generated naturally by USCIS system because your name check is cleared.
It's just a guess. You should definately go to the 3rd finger print because USCIS computer system is very dumb. Good luck!

I like your reasoning. Makes sense to me...

 

[Saarlaender]

I saw many cases where the AUSA files an entry with the court as soon as (s)he gets assigned to a case. But in many other cases (e.g., mine) AUSA will not file any entrance, only the answer or a motion in the last day of the 60 day period. What is the date when the US Attorney's Office received the summons and complaint? Did you serve them in person or by mail? The 60 days start ticking from the day after the service, at least this is the local rule in my district.

Anyway, I would call the US Attorney's office and with the name and case number they should be able to locate who is the AUSA assigned to your case. It worked for me and for many other members of this forum.

Hallo Paz,

The return receipt indicates that Mr. Paul Perez, the United States District Attorney (United States District Court, District of Middle Florida) received the summons on November 14, 2006. I actually went to his office and asked the clerk there how he would like to be served. The reply was by certified mail.
However, I am still amazed that the clerks office of the U.S. District Court can't give you that info. By the way, shouldn't it be U.S. District Attorney instead of US Attorney for the District. At least that's what's on his carpet in the US Court House.

Thanks again

D.