Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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V12Perseverance
Registered Users (C)
Can anyone correct me if I’m wrong …
If you’re name check is pending and you didn’t get an interview date yet, all you can do is wait until at least 18-24 months have passed since the fingerprint date??? Then after the 18-24 months period you can file a “mandamus action” (not a writ of mandamus).
If you’re name check is pending and you didn’t get an interview date yet, all you can do is wait until at least 18-24 months have passed since the fingerprint date??? Then after the 18-24 months period you can file a “mandamus action” (not a writ of mandamus).
Thank you and to all the other forum members for the congratulations. I dont't really consider this as a victory, because I didn't have to fight a Motion to dismiss or to defend my case in front of the judge. I was simply lucky that the name check expedite went through before the 30 day extension expired. And it is not over yet, I will be citizen only after the oath ceremony. This is still not clear when will happen. I'm in negotiations with AUSA to include something about this in the stipulaton.whatsnamecheck said:Thank you paz1960 as always. Having gone through 60% of the posts in this forum, I have familiarized myself with Danilov lawsuit.It's unfortunate.
If we have to get into the word games like the famous line from Mr. Bill Clinton "it depends on the definition of "is" " in his argument in the Lewinsky case, maybe someone can argue the definition of "the date of examination", if "date" means a single day in the calendar, then the examination can only be a process that lasts one day. Again, this has become a word game, I hope USA versus Hovpesian case can be convincing enough.
Thanks again and don't forget to vote now that you are a citizen. Congratulations.
The reason why I'm cautious is the following: when we were interviewed with my wife on Jan. 27, 2005 (almost exactly 2 years ago), her application was approved at the end of the interview and in couple of weeks after that she got the oath letter for middle of June, i.e., 5 months after the approval and 2 weeks after our daugther turned 18. She "aged out" so she could not claim US citizenship based on her mom's naturalization. Was this a simple coincidence? Everybody can decide for himself...
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V12Perseverance
Registered Users (C)
So basically with a fingerprint date of “July 7, 2006” and no interview letter there isn’t much to be done just yet?
N-400 San Jose, CA
ND: June 13, 2006
FP: July 7, 2006
Infopass: January 25, 2007: Name Check pending
N-400 San Jose, CA
ND: June 13, 2006
FP: July 7, 2006
Infopass: January 25, 2007: Name Check pending
V12Perseverance
Registered Users (C)
Thank you whatsnamecheck and paz1960!
V12Perseverance
Registered Users (C)
An official document dated November 30, 2006:
Naturalization backlogs …
0-30 days: 15431
31-60 days: 21582
61-90 days: 11941
91-120 days: 6857
Over 120 days: 25975
Over 1 year: 44843
Naturalization backlogs …
0-30 days: 15431
31-60 days: 21582
61-90 days: 11941
91-120 days: 6857
Over 120 days: 25975
Over 1 year: 44843
No, I don't believe that you can do anything right now. What I would recommend is to follow up regularly with USCIS through letters of inquiry, through your elected officials, infopass etc. Try to write to the office of the First Lady, request an expedited name check from FBI, giving them a good cause why you need that (they will not even bother to respond). Keep records of everything, use preferably certified mail. These things will become handy when you will file your lawsuit and you will need to demonstrate that you exhausted all your possible avenues to get a resolution to your case. This is one of the three requirements for a successful WOM lawsuit.V12Perseverance said:
questions for service
hi friends,
thanks for all the posts here which helped a lot for me to go through. I filed WOM on Jan 3 2007. Today I get a call from another court clerk staying that there are two issues in my serving:
1. He said I didn't send the original summon back to court after my serving because the summon didn't have the back page information.
--what I did: I printed out the first page of A044 form from this website:
http://www.uscourts.gov/forms/AO440.pdf
but I forgot to print out the second page 'RETURN OF SERVICE'. When I bring the summon to the court clerk, she just stamped on it, put a case number on it, and ask me to send the copy of this summon(the first sheet) to each defendents with cover sheets, complain and exbitits. She never mentioned the second page 'RETURN OF SERVICE' page missing.
I served each defendents and AUSA via USPS certified mail with return receipt request.
now what to do with this? print out the whole summon sheet and bring them to the court, get stamped and file again?
2. regarding the 'certificate of service', I am still confused of how to file it to the court:
1) is it the letter I shall write to the court with all the info. paz1960 has mentioned?
2) I served the summon through USPS post office. I just put my documents(1 summon sheet, 2 civil cover sheet, complaint, exhibits) in the envelops, sealed and handed them to USPS employee. Does it mean that I am the server and I just need to sign the 'certificate of service' myself? Do I need to have someone to proof that the documents I stated in the 'certificate of service' are actually in the envelope?
thanks for your advice and have a good evening!
hi friends,
thanks for all the posts here which helped a lot for me to go through. I filed WOM on Jan 3 2007. Today I get a call from another court clerk staying that there are two issues in my serving:
1. He said I didn't send the original summon back to court after my serving because the summon didn't have the back page information.
--what I did: I printed out the first page of A044 form from this website:
http://www.uscourts.gov/forms/AO440.pdf
but I forgot to print out the second page 'RETURN OF SERVICE'. When I bring the summon to the court clerk, she just stamped on it, put a case number on it, and ask me to send the copy of this summon(the first sheet) to each defendents with cover sheets, complain and exbitits. She never mentioned the second page 'RETURN OF SERVICE' page missing.
I served each defendents and AUSA via USPS certified mail with return receipt request.
now what to do with this? print out the whole summon sheet and bring them to the court, get stamped and file again?
2. regarding the 'certificate of service', I am still confused of how to file it to the court:
1) is it the letter I shall write to the court with all the info. paz1960 has mentioned?
2) I served the summon through USPS post office. I just put my documents(1 summon sheet, 2 civil cover sheet, complaint, exhibits) in the envelops, sealed and handed them to USPS employee. Does it mean that I am the server and I just need to sign the 'certificate of service' myself? Do I need to have someone to proof that the documents I stated in the 'certificate of service' are actually in the envelope?
thanks for your advice and have a good evening!
the immigration process sucks
Paz, thanks for your sharing, and congratulations on your victory. -- Well, it is still big victory. You just need one more victory.
What a misunfortune of this story! USCIS and its process screwed up lots of legal immigrants.
Paz, thanks for your sharing, and congratulations on your victory. -- Well, it is still big victory. You just need one more victory.
What a misunfortune of this story! USCIS and its process screwed up lots of legal immigrants.
paz1960 said:
my time line
hey guy
first of all congratulation paz you deserve your win.
here my story i went yesturday to the orlando sub office for my second fingerprints since my first ones are expired and taken on july 05.
well i tried to ask the lady to get an update on my case but at the stupid service center there is no computer to check the status of any case and its very strangethey only take pictures and fingerprints thats all.
second my lazy lawyer didnt know that he had to serve a copy of the complain after all the defendants are served. he got all the green cards back from usps like 2 weeks ago and i had to tell him about it in order for the US autt to get served. damm im mad i feel like i waisted few thousands of dollars on nothing i could of done it myself.
anyway im keeping hope and the weired part is that i got a letter for second fingerprint and the US.A didnt get served yet. i guess they are either working on my case (name check complet) or just a routine thing.
wish you all the best
hey guy
first of all congratulation paz you deserve your win.
here my story i went yesturday to the orlando sub office for my second fingerprints since my first ones are expired and taken on july 05.
well i tried to ask the lady to get an update on my case but at the stupid service center there is no computer to check the status of any case and its very strangethey only take pictures and fingerprints thats all.
second my lazy lawyer didnt know that he had to serve a copy of the complain after all the defendants are served. he got all the green cards back from usps like 2 weeks ago and i had to tell him about it in order for the US autt to get served. damm im mad i feel like i waisted few thousands of dollars on nothing i could of done it myself.
anyway im keeping hope and the weired part is that i got a letter for second fingerprint and the US.A didnt get served yet. i guess they are either working on my case (name check complet) or just a routine thing.
wish you all the best
Here is what I would try to correct this problem:snowxyxy said:
-I would print out the full summonses (i.e., both pages on on both sides of the paper) for all the defendants + US Attorney's Office
-I would go to the court and explain them exactly what mistake I did
-the defendants got all the necesary info, so I would not find logical to be required to serve them again
-I would ask the clerk if he would stamp this new set of summonses, I would fill out the back of them and ask permission to file these with the court.
-If the clerk would not accept them, I would have to bite the bullet and serve defendants again and count the extra 50 bucks as a tuition what I had pay in order to be more careful in the future with the papers I file with my lawsuit
I posted couple of days ago a sample for a Certificate of Service filed by a Pro Se Plaintiff who served the US Attorney in person and all the defendants with USPS certified mail. Just follow exactly how that guy did and you should be fine. At least, it worked for me.
Finally
I want to thank all those who have supported and worked with me throughout this ordeal.
I happy to say that finally i have recieved my Oath letter. After almost 17 months since filing, 1 year since my interview and 6 months since filing the lawsuit - today i have received my oath for next week.
After my second interview (12/21) my case was pending security review for almost a month and now it was cleared and finally adjudicated.
As much as the CIS tried to obivate the process, the justice system of this country still stands strong and provides those who seek its shadow.
Will keep you all posted on the Oath ceremony...and will be around to help and answer any questions that i can.
I want to thank all those who have supported and worked with me throughout this ordeal.
I happy to say that finally i have recieved my Oath letter. After almost 17 months since filing, 1 year since my interview and 6 months since filing the lawsuit - today i have received my oath for next week.
After my second interview (12/21) my case was pending security review for almost a month and now it was cleared and finally adjudicated.
As much as the CIS tried to obivate the process, the justice system of this country still stands strong and provides those who seek its shadow.
Will keep you all posted on the Oath ceremony...and will be around to help and answer any questions that i can.
You can ask whatever you want, but it is unlikely that they will give you a meaningful answer. Not even during a trial, in the discovery phase.whatsnamecheck said:
I totally sympatize with you and I appreciate your desire to fix the system. But I don't believe that you can do it, or it is worth the effort. I would rather concentrate on my case, of course, helping the other fellow stuck applicants as much as I can. But I am too old to believe that I can fight the SYSTEM, I think that this is similar to Don Quijote's fight with the windmills.
I tried also to suggest some changes in a letter written to the CIS Ombudsman's Office. Maybe some people who followed this thread since early November 2006, remeber this letter I posted here on the forum. After waiting long, without any feedback, I wrote them again. Recently I got an answer. It is so useless, that I didn't even want to post it here.
The good news is that everybody knows that the system is broken. The bad news is that the inertia is just too big and apparently nobody has enough power or desire to fix it.
Apropos, the $4/name check fee. If all what would be needed is to run a magnetic tape with thousand of names on it through a data base by a computer program and send back on a magnetic tape the results to USCIS, the $4/request would be enough. The problem is that there are too many false positive "hits", which require human intervention, and the cost of the agents who do the manual check is certainly not covered by that small amount of money.
How to get a pretrial date?
Hello Paz, Wenlock and other experts,
I am in Central District of California. After 30-day extension expired on Jan 8 on my I485 WoM case, the AUSA filed an Answer (basically deny everything). Based on local rules, the next step is for the Judge to set up a Pretrial Conf. Date.
It has been more than 2 weeks after the Answer was filed, there is no date set up yet. Calls to the Court Clerk were never returned (very much like the calls to AUSA). I even went to visit the Courthouse, but the offices for the Clerks are in a resticted area so I could not see her in person.
I am thinking to send a letter to the Clerk or the Judge asking for the date. Is this a good idea?
Is there any other way to get their attention on my case and get to know the Pretrial Date?
Thank you all.
Hello Paz, Wenlock and other experts,
I am in Central District of California. After 30-day extension expired on Jan 8 on my I485 WoM case, the AUSA filed an Answer (basically deny everything). Based on local rules, the next step is for the Judge to set up a Pretrial Conf. Date.
It has been more than 2 weeks after the Answer was filed, there is no date set up yet. Calls to the Court Clerk were never returned (very much like the calls to AUSA). I even went to visit the Courthouse, but the offices for the Clerks are in a resticted area so I could not see her in person.
I am thinking to send a letter to the Clerk or the Judge asking for the date. Is this a good idea?
Is there any other way to get their attention on my case and get to know the Pretrial Date?
Thank you all.
I'm so happy for you, aka808. After going through that terrible experience being videotaped during your interview (did they put a strong light in your eyes?aka808 said:
) you really deserved this. Congratulations! An important info for me is that it is possible for USCIS to schedule an oath ceremony very soon after the approval. I don't know what are they waiting in my case. The approval stamp on my N-400 form is dated January 9, 2007, and I still didn't receive anything from USCIS. AUSA was also unsuccessful today to get an oath date.
I'm really curious what will happen now. He sent me a joint stipulation for a motion to dismiss, I asked him to add one more sentence, but it was already late, he probably left or he could not get an apporval from the DHS/USCIS general counsel's office, because I didn't get any answer. The deadline for AUSA to file something with the court was today. We'll see what happens tomorrow...
How to check the exact date FBI initiated Name Check
Hi all pioneers,
Thanks for the valuable information shared on this forum and all the good hard work. I wish I found you much much earlier.
I'm also preparing my case. Remember I read it somewhere that we can call the FBI number and found out the exact date FBI started Name Check process. I try to find the post but couldn't , would someone who knows please post it again?
Many thanks in advance.
Hi all pioneers,
Thanks for the valuable information shared on this forum and all the good hard work. I wish I found you much much earlier.
I'm also preparing my case. Remember I read it somewhere that we can call the FBI number and found out the exact date FBI started Name Check process. I try to find the post but couldn't , would someone who knows please post it again?
Many thanks in advance.
Second Interview for N400
I have posted few times here and tried helping others as much as I could. Now I need help I was interviewd for N400 in February 2004 which I passed and it was pending decision on back ground check. October of 2006 I filed a law suit since I never heard back from INS and all I was told was good old back ground check has not been recieved from FBI. November 2006 US Attorney informed me my back ground check is clear now and next week they sent me Motion to dismiss saying that law suit I filed is for INS/CIS to make decision in 120 days after Interview/examination and they consider back ground check which for me cleared in November 2006 so the law suit in invalid. I filled an appeal inresponse to motion to dismiss and US attorney responded back with Rebuttal. I called court house yesterday and they told me now its waiting for Judge to make a move. Today I gotta a letter from INS/CIS that I need to appear next month for Interview for N400. Interview will last for 2 hours and it will be video tapped. I need to bring all travel documents, proof of residency of Virginia, militery id (my wife is militery), wife's move order (since we have to move to MD in August). Any idea what I should expect in this second interview after 3 years of passing interview?? please respond.
I have posted few times here and tried helping others as much as I could. Now I need help
I was interviewd for N400 in February 2004 which I passed and it was pending decision on back ground check. October of 2006 I filed a law suit since I never heard back from INS and all I was told was good old back ground check has not been recieved from FBI. November 2006 US Attorney informed me my back ground check is clear now and next week they sent me Motion to dismiss saying that law suit I filed is for INS/CIS to make decision in 120 days after Interview/examination and they consider back ground check which for me cleared in November 2006 so the law suit in invalid. I filled an appeal inresponse to motion to dismiss and US attorney responded back with Rebuttal. I called court house yesterday and they told me now its waiting for Judge to make a move. Today I gotta a letter from INS/CIS that I need to appear next month for Interview for N400. Interview will last for 2 hours and it will be video tapped. I need to bring all travel documents, proof of residency of Virginia, militery id (my wife is militery), wife's move order (since we have to move to MD in August). Any idea what I should expect in this second interview after 3 years of passing interview?? please respond.nasman said:I have posted few times here and tried helping others as much as I could. Now I need help
I would not sweat on this. This is normal practice that they interview if your first interview was very early like 2 years or so. They will video tape it ans send this tape to washington for review by office of general counsel. I have seen few cases where they have done this.
You make sure you take all your documents and honestly answer all questions. Here is the key in case if they deny your application you can come back to District court and argue on the clause that USCIS have no jurisdiction for denying your application why because by law they have to make decision with in 120 days of first interview if after second interview which is like 2 years after first they should have made decision with in first 120 days. But I will not worry about it yet if you have nothing to hide do not worry you will be fine. I would suggest if you have attorney take him on interview. I bet you will have two adjudicating officer who will interview you too.
Be prepared but do not get scared you should be alright keep in mind if they get little rough with you You still have good chance.
Bou said:
Bou I know what u r talking about but that does no good. I wrote to FBI Januray of last year and nice lady at FBI who answered the call advised me to write them for name check and back ground check. They responded back in a week that with no problems. Yet CIS said the back ground check FBI responds to individuals is different. So in October 2006 I had to file a law suit and only than CIS recieved an offical response from FBI that its ok now. This is not just my story but two other friends who also gatherd this info from this blog have same story.