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

[paz1960]

in addition to the next chapter of my story

Thanks Paz1960. One thing i have learned from this is that the AUSA most of the time does not know what the USCIS does. For example, i got the officer's phone number during my second interview and kept calling her for information along with sending emails for request to the AUSA. This way atleast i knew what both of them were doing.
Fromwhat i am seeing, if Jan 9th it was approved, you should get your oath the second week of Feb. As i had mentioned earlier, when the District DO approves the case it has to go to HO to get a final nod due to the lawsuit.
So rest assured my friend, you will soon be on the other side .

After I got the phone call from a lady from USCIS who was extremely polite and very nice, announcing the good news that I'm scheduled for the Oath Ceremony next Tuesday, and a phone call from the AUSA's assistant to verify that USCIS contacted me; shortly before 4:00 pm AUSA's secretary called me again asking my e-mail address to forward me the Oath Letter originated from USCIS District Office. She asked me to confirm as soon as I receive the e-mail. 10 minutes later, AUSA also called to verify that I got all what I needed. In all the 90 days between filing my complaint and the expire time of the extension I was chasing him and it was rather difficult to communicate with him. Today he called me three times plus his secretary 3 times and USCIS. He offered that if I have any further problem betwen now and the oath ceremony, I should call him on his cell phone. That's a service what I like. I will certainly write that Letter of Appreciation to his boss.

 

[kefira]

That's a service what I like. I will certainly write that Letter of Appreciation to his boss.

Congratulations !!!!
By the way, I am wondering how AUSA communicate with you and other people by email? Nobody ever wrote me an email...

 

[kefira]

Looks like my case is in trouble. Since I filed in Nov. 20th and no updates.

I am in the same boat. I filed Oct 30.

 

[yvesliu]

I am in the same boat. I filed Oct 30.

Do you know if yours name check is expedited? If you do, how did you figure this out?

 

[kefira]

Do you know if yours name check is expedited? If you do, how did you figure this out?

I called my AUSA and she told me. Unfortunately I do not know if FBI really does it...

 

[myang1969]

Looks like my case is in trouble. Since I filed in Nov. 20th and no updates.

Dont worry, I got my case approved today, but my senator's office told me that name check still pending. she called FBI congressional office and they said no to all questions include name check expedite infomation. they only can talk to USCIS regarding any info. If your request had been sent out. No one know what's going on except General Counsel Office of USCIS. Sometimes, your AUSA wouldn't suppose to leak any info to you, but you see, PAZ1960 said before, it is very important to build very good working relationship with your assigned AUSA. your case is not too bad, you never know what's going happen tomorrow(I really was supprised by today's e-mail). Just hold on and prepare everything you can, you will see your effort be paid off.

 

[paz1960]

Congratulations !!!!
By the way, I am wondering how AUSA communicate with you and other people by email? Nobody ever wrote me an email...

Because I work many times at different parts of our laboratory so I'm not always sitting in my office, I told AUSA that the easiest way to communicate with me is by e-mail. I gave him my e-mail address during my meeting in person with him. After he wrote me the first e-mail message, I had his address.

In fact, if I think better, I already had his e-mail address. Aafter I found out his name, I researched some cases where he was the counsel of the Government and I found his e-mail address on the document filed with the court.

 

[Bou]

That's FBI number I was looking for

Snorlax,

Thank you, yes, that's the number. I actually was able to find it this afternoon and called FBI. The lady told me exactly what s/he told you, and explain to me that there are 2 "parts" of FBI, her parts of the FBI only handles fingerprint, and said my fingerprint was cleared and results sent to USCIS long time ago. But this other part of FBI handles name check, and they don't speak to any outside callers like us. When I contact my congressman, I also only got PENDING, and info pass visit PENDING. Now "FENDING" becomes my most scared word. I'd rather want this torture end soon, not lasting 3+ years and on goiong.

To my surprise, I was able to sweet talking to a USCIS officer by the 800 customer service number (don't know if my pray worked) and the officer gave me the exact date that FBI started my name check, November, 2003, and still "P...ING". And told me that they don't have the money and manpower to check so many names. And that I should be PATIENT. PATIENT?? Does that sound familiar.

I need this information because after I filed I-485, I was not given a notice letter for the fingerprint, the officer gave me the 800 number to schedule a fingerprint appointment, and the fingerprint was done in October, 2003.

I guess we need push every step to make a progress, and keep trying, and when we run into some good guys who would do their work, all the effort will payoff cause law is on our side.

I am not sure I have seen such post. I tried to do that through FBI customer service at 304-625-2000, but the lady told me that she can not give me any info regarding name check initiated by CIS. May be you can try and be more lucky? I also tried to do that through Senator and Congressman – no date – just “status pending”. To my surprise I managed to get that through an INFOPASS and sweettalking to an officer at my local CIS – she gave me the date they sent the request (still not exactly what you are asking about). Why would you need the date when FBI started Name Check process?

Best of luck to all!
snorlax

 

[paz1960]

I had my interview on jully 06. i had name check not clered since jan 06.
after the interview i go for infopass everymonths the same answer name check in pendiiiiiiiiiiiiiiiiiiiiiiiiinnnnnnngggggg. i dont know what i m gonna do. can somebody help me plzzzzzzzzz

First of all, we are all in the same situation so we understand your frustration and we are here to help each other. As a recommendation, try to be less emotional and more rational. This definitely will help. This forum is a great source of information so start reading it, especially the first 10-20 pages. But many of us read everything from the beginning till current. You will need a lot of cups of coffee, coke, bear, whatever...and a lot of time and patience. But ultimately will pay off. Try to educate yourself about the general procedures in a court of law and the specifics of the lawsuit filed in your case, i.e., stalled naturalization application, when you already had your interview. From this point of view you are lucky, because you can use 8 U.S.C. 1447(b) to file a PETITION FOR HEARING ON NATURALIZATION APPLICATION UNDER 8 U.S.C. § 1447(b).

But sueig the Government should not be taken easily, especially if you want to do it yourself (Pro Se). Seems that it will happen more frequently that your case will not be solved automatically because you file a complaint. You will need to be prepared to defend your cause in front of a judge or to Oppose a Motion to Dismiss or Remand filed by the Defendants.

Subscribe to PACER and start studying such cases first in your district, after that in other jurisdictions. Remember, knowledge is power and nobody will fight better for your rights than yourself. But you need determination, perseverence, patience and lot of time. The law is clearly on our side, so I encourage you to start preparing yourself for the fight. Good luck!

 

[myang1969]

Congratulations !!!!
By the way, I am wondering how AUSA communicate with you and other people by email? Nobody ever wrote me an email...

Useually, you call District Attonery Office first, tell them your case number and ask who is your assigned AUSA. If you have the chance, ask your AUSA nicely about case status. You can spent some time talk to (s)he about your case, but dont go detail and dont argue with them, they are not USCIS, sometimes, they also feel shame about USCIS did, but they have to represent USCIS as legal adviser and representive to against your lawsuit. I guess the first step is they will have some suggestion and proposal to USCIS general counsel office after you serve AUSA and USCIS, they will indicate how your case is easy to handle or hard to fight. second step they will wait until USCIS give them directly direction for the case. Some good AUSA may push USCIS to solve issue but some may just sit and wait until due day. PAZ1960 is 100% right about how AUSA important to your case. Imagne this, if you hired a lawyer, and this lawyer said you should do this, do that, are you going to following? but the decision is from Gneeral Counsel Office and if USCIS order them to fight, they have to. If your AUSA is very nice to you, it is a very good sign for settle, most of them prefer to settle before go to court, more diffcult to get rid of you, more they have to expedite your name check. If they refuse to answer your phone, usually, they take the step to fight. I declare this is all based on my personal experience and I believe if you try hard and nice to make your point, they will listern. If nothing you can do, and you have to perpare yourself well against them in court, good luck to you all!

 

[paz1960]

Snorlax,

Thank you, yes, that's the number. I actually was able to find it this afternoon and called FBI. The lady told me exactly what s/he told you, and explain to me that there are 2 "parts" of FBI, her parts of the FBI only handles fingerprint, and said my fingerprint was cleared and results sent to USCIS long time ago. But this other part of FBI handles name check, and they don't speak to any outside callers like us. When I contact my congressman, I also only got PENDING, and info pass visit PENDING. Now "FENDING" becomes my most scared word. I'd rather want this torture end soon, not lasting 3+ years and on goiong.

To my surprise, I was able to sweet talking to a USCIS officer by the 800 customer service number (don't know if my pray worked) and the officer gave me the exact date that FBI started my name check, November, 2003, and still "P...ING". And told me that they don't have the money and manpower to check so many names. And that I should be PATIENT. PATIENT?? Does that sound familiar.

I need this information because after I filed I-485, I was not given a notice letter for the fingerprint, the officer gave me the 800 number to schedule a fingerprint appointment, and the fingerprint was done in October, 2003.

I guess we need push every step to make a progress, and keep trying, and when we run into some good guys who would do their work, all the effort will payoff cause law is on our side.

Hello Bou,
In many immigration related cases (some of them identical with yours: AOS) judges ruled that 2 or more than 2 years of "PENDING" is unreasonable delay. So if you have enough ammo to show that you exhausted all the possibilities short to file a lawsuit, you have a very strong case to file a WOM lawsuit. Don't hesitate; after you feel that you learned enough about the whole process, write that complaint and file it with your district court.

 

[stucknamecheck]

485 approved

Hi Everyone, Thank you very much! My 485 has been approved after I started my green card application five years ago. This forum helped me a lot. I am so grateful that I found this forum and in this forum people are helping each other and sharing knowledge. When I first looked at this forum, I thought this is just for the citizenship case and I am afraid of possible bad effect for 485 case if I bring the lawsuit. But I learnt from people here and finally made decision to fight. After I filed WOM in early December, I learnt from AUSA who was told by USCIS that my name check was cleared back in November before the lawsuit. Then they scheduled 2nd FP and now I am permanent resident. Thank you very much to everyone! We will prevail!

I have a question : should I file voluntary dismissal motion or file stipulation of dismiss together with AUSA? Is it a good idea to have my passport stamped for this?

 

[paz1960]

Nasman and others,

I was also one of the "lucky ones" to be subjected to a three hour interview in Atlanta, GA, which was videotaped and in which three USCIS officers (one was from DC) questioned me about my whole life. They never even bothered to tell me it would be taped or take so long. I went in thinking it would be a "standard" interview like my first one. I am former Army who served in Iraq and was honorably discharged. Never been arrested, clean background. Married to a US citizen for over 8 years and have 4 kids who are citizens. They were so nice to me during the interview, joking with me. I was relaxed as I had nothing to hide.
The shock came later when I found they denied my application and asked case to be dismissed (both in same day). They gave no indication there was any problem at all and purposely waited until the dismisal was filed to mail me the denial letter. It was all due to a question they asked me which I answered truthfully and it didn't match with my military records. They claimed I lied under oath. As soon as I found out about the denial, I contacted the army and was able to get proof I was tellling the truth. I have already filed my appeal and God only knows how long that will take. My advice, be very careful what you say, they extensively review the tapes looking for anything they can use. Don't trust them, no matter how friendly they are.

Hello Screaming_Eagle, good to see you posting again. What did you appeal? The court order or the denial? I assume that you have to go through the administrative appeal first and if USCIS maintains the denial, you can file another lawsuit based on 1421(c).

 

[paz1960]

Hi Everyone, Thank you very much! My 485 has been approved after I started my green card application five years ago. This forum helped me a lot. I am so grateful that I found this forum and in this forum people are helping each other and sharing knowledge. When I first looked at this forum, I thought this is just for the citizenship case and I am afraid of possible bad effect for 485 case if I bring the lawsuit. But I learnt from people here and finally made decision to fight. After I filed WOM in early December, I learnt from AUSA who was told by USCIS that my name check was cleared back in November before the lawsuit. Then they scheduled 2nd FP and now I am permanent resident. Thank you very much to everyone! We will prevail!

I have a question : should I file voluntary dismissal motion or file stipulation of dismiss together with AUSA? Is it a good idea to have my passport stamped for this?

Today is really great, I can't even follow how many of us got what we wanted. Congratulations!

If you have some written proof that your case was approved, you probably can go to the local USCIS office to have your passport stamped. After that you can contact AUSA and tell him/her that you are willing to join the government and file a joint Stipulation for a Motion to Dismiss. They will write the draft, ask them to send you for review before you agree to be filed.

 

[myang1969]

I had my interview on jully 06. i had name check not clered since jan 06.
after the interview i go for infopass everymonths the same answer name check in pendiiiiiiiiiiiiiiiiiiiiiiiiinnnnnnngggggg. i dont know what i m gonna do. can somebody help me plzzzzzzzzz

I just got my case solved after 3 years waiting. You are a lucky and unlucky one (kidding). I really like this forum, some very nice guys gave me a lots of information, so my recommandation to you is stick with this forum and follow people's post for a while. 7 months waiting is hard, but imagine 3 years even six years waiting even more harder. If you swing by for couple of months, you will know you need file lawsuit or not. At same time, follow people's step to contact Senator's Office, write to director of USCIS and go through all these channels, someday, when you decided to fight, you will have enough evidence. Dont expect this is a easy one, some people even takes 6month to fight until their victory.

 

[man400]

First of all, we are all in the same situation so we understand your frustration and we are here to help each other. As a recommendation, try to be less emotional and more rational. This definitely will help. This forum is a great source of information so start reading it, especially the first 10-20 pages. But many of us read everything from the beginning till current. You will need a lot of cups of coffee, coke, bear, whatever...and a lot of time and patience. But ultimately will pay off. Try to educate yourself about the general procedures in a court of law and the specifics of the lawsuit filed in your case, i.e., stalled naturalization application, when you already had your interview. From this point of view you are lucky, because you can use 8 U.S.C. 1447(b) to file a PETITION FOR HEARING ON NATURALIZATION APPLICATION UNDER 8 U.S.C. § 1447(b).

But sueig the Government should not be taken easily, especially if you want to do it yourself (Pro Se). Seems that it will happen more frequently that your case will not be solved automatically because you file a complaint. You will need to be prepared to defend your cause in front of a judge or to Oppose a Motion to Dismiss or Remand filed by the Defendants.

Subscribe to PACER and start studying such cases first in your district, after that in other jurisdictions. Remember, knowledge is power and nobody will fight better for your rights than yourself. But you need determination, perseverence, patience and lot of time. The law is clearly on our side, so I encourage you to start preparing yourself for the fight. Good luck!

thank you PAZ for all this information tell me if is not easy tu sue uscis. if is possible to have a lawyer help me in my situation and thanks

 

[myang1969]

Hello friends, I have seen a lot of posts of whom to serve my 1447b lawsuit. For example, one list says:

People to serve are

Alberto R. Gonzales, United States Attorney General
US Department of Justice
950 Pensylvania Ave., NW
Washington, DC 20530-0001

Michael Chertoff, Secretary of the Department of Homeland Security
US Department of Homeland Security
Washington, DC 20528

Emilio T. Gonzalez, Director of USCIS
Department of Homeland Security
U.S. Citizenship and Immigration Services
Washington, DC 90258

Robert S. Mueller, III, Director of FBI
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pensylvania Ave., NW
Washington, DC 20535-0001

However, I think perhaps only the director of USCIS and the district director of USCIS should be named as defendants in 1447b lawsuits. Here is my reason: We pay $400 to USCIS to do its job. USCIS "transfers" the background check work to FBI ($4 per request in FY2004, USCIS may pay a undisclosed amount to FBI for expedited name check). In this scenario, FBI is USCIS's subcontractor, Title 8 USC 1447(b) only says USCIS needs to finish its job in 120 days after the interview. The law doesn't say anything about how long name check must be finished. That's between USCIS and FBI. Technically, I cannot tell USCIS how to do its job. I can only tell USCIS to finish within 120 days. Am I correct? Any advice is appreciated.

By the way, who is the district director of my district (Los Angeles) now? I can only find the mailing address, but no name. I know who it was in 2005.

You have to serve United States Attorney General, and District United States Attorney, but you dont need sue them, because they made no mistake to delay your case. FBI director dont play a big role in this name check expedite game, but if you put him in the defendent list will be nice and some cases, your AUSA can talk to FBI, maybe can help you somehow. You have to put director of USCIS and DHS, those two general counsel office, we believe they handle WOM and make decision on your case.

 

[Bou]

Wom

Hi Paz,

Thank you for your encouragement, that's why I collect and compile all the evidences that I have over the 3+ year period and try get ready for a good fight.

I'm reading and learning a lot from this forum. I feel proud of you guys and respect all your hard work.

Hello Bou,
In many immigration related cases (some of them identical with yours: AOS) judges ruled that 2 or more than 2 years of "PENDING" is unreasonable delay. So if you have enough ammo to show that you exhausted all the possibilities short to file a lawsuit, you have a very strong case to file a WOM lawsuit. Don't hesitate; after you feel that you learned enough about the whole process, write that complaint and file it with your district court.

 

[Hiddendragon38]

Finally?...!

Hi, Paz, Publicus and all!

Today I received a letter from District Director of my DO congratulating me on my approved application to adjust status. Finally, 15 months after filing the application, 14 months after name check was initiated, and nine months after interview, my I485 was approved... that is if they didn't make another mistake by sending me the letter.
I have following the thread and learning a lot from everyone. The thread has taught me how to build up my case step by step. During the past seven months or so, I've resorted to all possible ways to expedite my name check: Four Infopass-es, numerous 800# calls and inquiries, calling and sending emails to FBIs, FOIA requests, three inquiries by my Congressman's office, one inquiry from my Senators' offices each, writing to CIS Ombudsman, writing to my District Director, writing to First Lady, and sending Letter of Intent to Sue to my District Director. I even have my WoM complaint all drafted up, cover sheet and summons filled in and ready to file a lawsuit.... but today I received the magic letter in mail. (Of course I used many templates and examples from this thread.)
I am not sure whether what I have done has made any difference... It might just have been a coincidence. But I am sure what I have done must have drawn attention to my case: I sent the letter of Intent to Sue about a month and half ago; I received a letter from the Ombudsman's office a week ago letting me know that they have started working on my case and I should hear from them within 45 days even though they said they couldn't do much...
Anyway, thanks everyone for being great trenchmates and for sharing invaluable info during the process. Please keep fighting and we will prevail.

Best of luck to everyone!

Hiddendragon38

 

[Screaming_Eagle]

Congratulations Paz

Hello Screaming_Eagle, good to see you posting again. What did you appeal? The court order or the denial? I assume that you have to go through the administrative appeal first and if USCIS maintains the denial, you can file another lawsuit based on 1421(c).

Hi Paz, congrats on your outstanding progress. I appealed USCIS decision about 2 months ago. As for the lawsuit, I have received a Magistrate report and recommendation (to the district judge) which is basically to dismiss without prejudice leaving me the option to return back to court in case if another unfavorable decision. I was given the option to object within 15 days, I did not object, case is still open pending the district judge order to dismiss (which is an expected outcome). Another waiting game with USCIS which I do not have the patience for. I lost faith in this department. I was one of the soldiers who fought, captured, and cleared Sadam’s Palace in April 2003. Inside this palace soldiers had their oath ceremony lead by Dr. Gonzalez on Veteran’s Day (11/11/2006). 6 days after VD, mine was denied for an administrative error in my military record (My unit admitted the error, contacted USCIS, and clarified the issue on my behalf). USCIS' rusted brains are still holding my appeal. I earned the right to be an American and USCIS is taking this right away from me.