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

Bou said:
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.
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Best why to get this information is to check with your congressman or senators office. You can also send letter to First lady office or Senate Joint commitee on Immigration they will forward your request to DOJ (FBI) and they can send you exact date of your name check request from USCIS.
 
whatsnamecheck said:
Hello paz1960, did you check the oath date for your district? maybe USCIS is looking for a date when they can add you to. The following is for my district (LA area). Good luck. I think you probably don't have anything to worry about.

http://www.cacd.uscourts.gov/CACD/G...4e345f626837d38788256815005aa932?OpenDocument

By the way, today I sent the letter-of-intent to assistant US attorney and officer-in-charge of the USCIS sub-office which handles my case. I mentioned 1447b and the USA versus Hovsepian case, and my intent to sue within 30 days. As soon as I get the password to PACER in the mail and study up, I will file 1447b. I hope they don't take preemptive strike on my case before I even file the lawsuit.

thank you and don't forget to vote.
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Thanks for the tip, I managed to use this to find out that there are 4 dates next week in my district court. Now I "only" need to persuade the AUSA to arrange with USCIS to put my name in one of these ceremonies.
 
V12Perseverance said:
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).
Click to expand...

It really depends where you are located and which DO is processing your application.

Yes no law suit under 1447b
Only option Writ of Mandamus and Administrative Procedures Act.

You need to prove three things to get Judge Attention

Plaintiff have clear right to relief sought. Decision is non-discresionary
No other remedy Available.
Time delayed is unreasoble or Intentional delay by other party.

You need a lot of documentation to prove it.
examples

FOIPA from FBI.
Many letters written to USCIS
Congressman and Senator inquiries.
Infopass appointments
Contacting FBI to expediate
Phone Call records to USCIS agent IDs and call tracking info
Unreasonable delay based to current processing time of DO
Delay close to 1.5 - 2 years are usually unreasonable.
you tried to get USCIS attention due emergency but USCIS does not pay attention and you want Judge intervention to convince him that it is humantarian crisis.
Factor that you paid USCIS to process your application and they owe your duty to Adjudicate your application.

YOU CAN NOT ASK JUDGE FOR ANY PARTICULAR RESOLUTION TO CASE YOU CAN ONLY ASK FOR ADJUDICATION OF APPLICATION some times it means immidiate DENIAL of your application.

Remember denial is also adjudication of your application. I know one person in this forum whose application got denied because Judge ordered to adjudicate with in 30 days and he never had FBI as defendent because FBI did not provided name check results they denied his application hence finishing adjudication of application as court wanted.

You need good understanding of the whole process if your AUSA is helpful I am sure you can settle with prejudice getting the relief your sought.
 
Need proof that I did fingerprint

Nasman,

Thank you for your response. I did this fingerprint October, 2003 and have interview Feb., 2004. since then name check pending. I was too patient with numerous info pass visit and contact congressman, and all other effort. I was very reluctant to sue at first and decided to wait. Now I can not wait any longer since I want to see my parents. My mother is in very poor health, I applied AP recently, and I will only use it the last minute since who knows what happens when you leave the country. I lost all my faith in this broken system. I finally decided to do it now. I found I never have the notice for either fingerprint appointment nor interview appointment since I filed in person at the local office and they don't give receipt. And for the fingerprint, they gave me the 800 number to call to schedule the appointment. I know their system have all the info every time I went by info pass visit, they'd look up and I actually saw all my files. How do I proof on paper I actually have all these appointments.

Feel really lost, but now I decided to fight and I'll fight till the end, law is on our side.




nasman 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.
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Can Anyone Help On The Following Questions?

aaron13 said:
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.
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Anyone has any suggestions?
 
aaron13 said:
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.
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Interesting you have right to talk to your case manager at court. Court clerk should return your calls he can not provide you any legal advise so I am not sure why he is not returning your calls. Try to leave him message that it is very important for you to talk to him otherwise it may effect your case as you are pro se litigant.

In terms of ruling on your opposition to dismiss it is totaly depending on Judge how busy he is or when he wants to rule. He can rule by written order or call for pre-trial hearing or both. I am not sure what is in his mind but you will get some thing soon.

You can send Judge status inquiry but it may not be a good idea. You do not want to piss off judge he know what he is doing instead of poking him hey dude make a decision it does not work that way.
 
V12Perseverance said:
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
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I really do not believe on there numbers. Even if applicant waiting for more then year is one and I happened to be that one I am still STUCK.

Stand up and fight for your rights. If there is a will there is a way.
Just Don't give up
 
Bou said:
Nasman,

Thank you for your response. I did this fingerprint October, 2003 and have interview Feb., 2004. since then name check pending. I was too patient with numerous info pass visit and contact congressman, and all other effort. I was very reluctant to sue at first and decided to wait. Now I can not wait any longer since I want to see my parents. My mother is in very poor health, I applied AP recently, and I will only use it the last minute since who knows what happens when you leave the country. I lost all my faith in this broken system. I finally decided to do it now. I found I never have the notice for either fingerprint appointment nor interview appointment since I filed in person at the local office and they don't give receipt. And for the fingerprint, they gave me the 800 number to call to schedule the appointment. I know their system have all the info every time I went by info pass visit, they'd look up and I actually saw all my files. How do I proof on paper I actually have all these appointments.

Feel really lost, but now I decided to fight and I'll fight till the end, law is on our side.
Click to expand...

Bou,
I hate to say this but we are living in a Law Sue run society. If you have no skeltons in your closets and you have already passed your citizenship interview don't waste a day and file a law suit. Calling FBI and checking on finger prints does not do any good. CIS will only move further once they get a direct response from FBI that finger prints and back ground is ok and the only way they will do this is once u file a law suit that has been mentioned several times in this blog. I passed my interview in February 2004 and after filling lawsuit in October 2006 they passed my background check in November 2006. Good luck.
 
Finally some good news,

Hello Everybody,

I want to thank eveybody for their help and support.
Finally, after 7 months of filing my lawsuit I had my second hearing today and the Judge ordered.
I still did not get it in writting , but The judge remanded my case back to USCIS with 60 days. he actually said That it is tempted to grant my citizenship today but he would like to give uscis their last chance.

I guess iam over with this case , but i will not feel reliefed till I get my oath letter.

For all the people that are Frustrated and hesitating to file a lawsuit I will say, Let your frustration overcome your fear and stand up for your rights and sue these people , because your only way out from this backlog.
Just stick with this forum, do a lot reading. my case was a rollercoaster. it took 7 months wich a long time compared to other cases, but with the help of this forum I was able to fight and get where i needed to be.

I will so happy to answer any questions that you may have about my case and I will try my best to help in anyway

For the parets of the " Danilov" , here goes another round. :)

Thank a lot
 
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.
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I am in the same boat. My US Attorney from Norfolk Virginia also consider 120 days starting from the day back ground check clears. We are three friends in exactelly same situation. One in NY and One in District of Columbia and me in Norfolk Virgina. Both of their US Attorney granted them Oath in 90 days and now they are Proud Americans and here I am who got shot down by US Attorney. They send motion to dismiss even after my back ground check cleared in response to this lawsuit. I appealed to motion to dismiss and they responded back with Rebuttal. Now case is sent to Judge. Today I got called for second Interview for N400 for next month from CIS which will last two hours and will be video taped.
 
nasman said:
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.
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What city and state are you in?
 
Collecting evidence to sue

You are right, Nasman, immigrants like us work hard, pay tax, be a good citizen, but only few know to use law protect ourselves. I'm collecting all the needed evidence now to file my case. Congrats on your big leap forward and wish you good luck too.


nasman said:
Bou,
I hate to say this but we are living in a Law Sue run society. If you have no skeltons in your closets and you have already passed your citizenship interview don't waste a day and file a law suit. Calling FBI and checking on finger prints does not do any good. CIS will only move further once they get a direct response from FBI that finger prints and back ground is ok and the only way they will do this is once u file a law suit that has been mentioned several times in this blog. I passed my interview in February 2004 and after filling lawsuit in October 2006 they passed my background check in November 2006. Good luck.
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How does USCIS decide which applicants' interviews to videotape? Does anyone know?

wenlock said:
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.
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I wonder what makes them determine to videotape the interview. Does anyone know?

Are they doing the videotaping only in some certain cities/states or is it based on case by case basis? Does anyone know how they determine who to videotape?

How and why they decide whose interview to videotape?
 
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said904 said:
Hello Everybody,

I want to thank eveybody for their help and support.
Finally, after 7 months of filing my lawsuit I had my second hearing today and the Judge ordered.
I still did not get it in writting , but The judge remanded my case back to USCIS with 60 days. he actually said That it is tempted to grant my citizenship today but he would like to give uscis their last chance.

I guess iam over with this case , but i will not feel reliefed till I get my oath letter.

For all the people that are Frustrated and hesitating to file a lawsuit I will say, Let your frustration overcome your fear and stand up for your rights and sue these people , because your only way out from this backlog.
Just stick with this forum, do a lot reading. my case was a rollercoaster. it took 7 months wich a long time compared to other cases, but with the help of this forum I was able to fight and get where i needed to be.

I will so happy to answer any questions that you may have about my case and I will try my best to help in anyway

For the parets of the " Danilov" , here goes another round. :)

Thank a lot
Click to expand...

Said904,
I agree with u 100%. Calling idiotic CIS 800 line and talking to idiots, most of these UN empathetic and inexperienced idiots are in some African calling center, writing to senators, filling out inquiry forms 50 times, writing to FBI to get your background check, writing to Ombudsman does not do any thing because none of this is being recorded. Only option we have left is file the Dam Law Suit this is your right. This is the only way congress is going to notice their system is so flawed that it’s worse in the history of this country. So don't wait any longer because in this bog some attorney have posted that Department of Homeland Security is getting so pissed of with these Law suits that they are thinking about setting up a process that as soon this law suit comes it will automatically be rejected. So don’t wait and DO it. We all are in this country because this is the beauty of this country that law is on our side but we have to know how to use it.
 
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Congrats

Hi, CONGRATS on your VICTORY! Stories like yours, Publics, Paz, ....are real inspirations. Thank you for sharing all the info and knowledge and devote a lot of time to this forum.



said904 said:
Hello Everybody,

I want to thank eveybody for their help and support.
Finally, after 7 months of filing my lawsuit I had my second hearing today and the Judge ordered.
I still did not get it in writting , but The judge remanded my case back to USCIS with 60 days. he actually said That it is tempted to grant my citizenship today but he would like to give uscis their last chance.

I guess iam over with this case , but i will not feel reliefed till I get my oath letter.

For all the people that are Frustrated and hesitating to file a lawsuit I will say, Let your frustration overcome your fear and stand up for your rights and sue these people , because your only way out from this backlog.
Just stick with this forum, do a lot reading. my case was a rollercoaster. it took 7 months wich a long time compared to other cases, but with the help of this forum I was able to fight and get where i needed to be.

I will so happy to answer any questions that you may have about my case and I will try my best to help in anyway

For the parets of the " Danilov" , here goes another round. :)

Thank a lot
Click to expand...
 
needsolution said:
I wonder what makes them determine to videotape the interview. Does anyone know?

Are they doing the videotaping only in some certain cities/states or is it based on case by case basis? Does anyone know how they determine who to videotape?

How and why they decide whose interview to videotape?
Click to expand...

I am the lucky guy who will be video tapped next month. Been married to a US Citizen for 9 years now. Have two kids together. She is a US Navy officer. I have already passed Citizenship test in 2004. Now they are asking for a second interview next month even though after filling lawsuit my back ground check cleared in November, 2006. They still want to Video tape me??. My only explanation why they choose to video tape me is so when all the department of homeland security employees get together at Michael Chertoffs house and they are drunk and having parties they can watch video tapes of “Department of Homeland Security’s Funniest Videos” to get a good laugh so they can make fun of a desperate guys like me. Lets hope they don’t ask me to sing saying “what can you do for your would be country”?.
 
Thanks for your reply ...
That's a lot of work to be done! All this effort is needed to prove to the judge that I suffered enough to gain his sympathy!!!


wenlock said:
It really depends where you are located and which DO is processing your application.

Yes no law suit under 1447b
Only option Writ of Mandamus and Administrative Procedures Act.

You need to prove three things to get Judge Attention

Plaintiff have clear right to relief sought. Decision is non-discresionary
No other remedy Available.
Time delayed is unreasoble or Intentional delay by other party.

You need a lot of documentation to prove it.
examples

FOIPA from FBI.
Many letters written to USCIS
Congressman and Senator inquiries.
Infopass appointments
Contacting FBI to expediate
Phone Call records to USCIS agent IDs and call tracking info
Unreasonable delay based to current processing time of DO
Delay close to 1.5 - 2 years are usually unreasonable.
you tried to get USCIS attention due emergency but USCIS does not pay attention and you want Judge intervention to convince him that it is humantarian crisis.
Factor that you paid USCIS to process your application and they owe your duty to Adjudicate your application.

YOU CAN NOT ASK JUDGE FOR ANY PARTICULAR RESOLUTION TO CASE YOU CAN ONLY ASK FOR ADJUDICATION OF APPLICATION some times it means immidiate DENIAL of your application.

Remember denial is also adjudication of your application. I know one person in this forum whose application got denied because Judge ordered to adjudicate with in 30 days and he never had FBI as defendent because FBI did not provided name check results they denied his application hence finishing adjudication of application as court wanted.

You need good understanding of the whole process if your AUSA is helpful I am sure you can settle with prejudice getting the relief your sought.
Click to expand...
 
need your help

Hey Wenlock, Paz and all

I am new to this forum. Thank your for all your contributions to this forum. It provides tremendous help for the group of people like us and gives us encourage to fight for our rights.

I need your help on the I-485 lawsuit. I filed WOM for my I-485 this Jan. After reading through the messages in the forum, I think I'd better prepare the oppose to the motion to dismiss or remand in advance.
Would you please kindly send me some examples of oppose to the motion to dismiss or remand for the I-485 case?

Your help will be highly appreciated!

Sincerely Yours,

Phlipimi

P.S. My Email address is philipimi@yahoo.com. My user name missed one 'i' from my email name. Sorry for the confusion
 
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