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

[Balto]

Easy, Suzy977,,,,,

I'm not kidding, what this person did is totally unethical, and I'm pretty sure for the content of his/her email s/he can be disbarred...

Sending emails to poor immigrants who sued USCIS and lying to them that USCIS won't adjudicate their case unless they hire an attorney (by the way, this is the firm specialized to help you ) I'm sure a Judge may have something to say about this, not to mention the bar association

And another shark (I meant another attorney) a good one, can sue them...and why not, make them pay a nice settlement not to go all the way with the litigation.

I see potential for:
-Disbarment
-Bad publicity
-Judge/Jury sentence with monetary loss

I don't think they want to face that, and they don't expect an ignorant and scared immigrant to got that far.

Once again, I'm serious, if I got that email, I'll give it a shoot trying to talk with another lawyer about it.

Did you see the name, looks like this SOB (or just a B) is also an immigrant , hell, that makes it more outragous! Yes, sue the bastard, get the bastard disbarred

Balto.
P.S. What's after the FP, Suzy? You changed your signature

 

[mohamedmohamed]

For all who are posting/reading here, or simply put, who are stuck on this name check sh*t, how many are having names like John Smith and coming from a friendly (i.e., western) country? You may not be a middle eastern male, but that is not the only group got stuck, people from former Soviet Block, communist China, etc., etc., made up the majority of this group. I kown I know, Suzzy 997 is yelling "I am not but I got stuck too", well consider her as the actual "real" unlucky one. Profiling based on stereotype is common practice, whether you admit or not, that's just the fact of life, period! Not trying to pick a fight with you, just can't take it when the victim is trying to play that politically correct card.

Peace!

Balto

there is the thing.
it is not wrong for the them to check the file of who ever they want to, whenever they want to, as long as you are not been convicted of some you didnt do, or faulsly accused of some with no real reason, they havent done anything wrong.
whats wrong is holdng al of us, just because their checked system is understaffed, or corrupted, aor whatever is happening to it is happening to it, so we should realize exactly where the deffect is and not mixe things up.
checking anyone file, or even double checking is acceptable, but dont couse them any harm, or subject them to any other type of disadvantaged situation just because the fbi/uscis can not do their job, that all it is

 

[Balto]

An Update on my 1447b

Just wanna keep you posted, especially those in Maryland. Check my signature. Today (5/16) I got the summons and stamped complaints back from the court by mail. I will be mailing them out to the US A and defendants tomorrow. Hopefully the clock will start ticking soon.

Balto.

 

[Balto]

mohamedmohamed, I am with you 100%

there is the thing.
it is not wrong for the them to check the file of who ever they want to, whenever they want to, as long as you are not been convicted of some you didnt do, or faulsly accused of some with no real reason, they havent done anything wrong.
whats wrong is holdng al of us, just because their checked system is understaffed, or corrupted, aor whatever is happening to it is happening to it, so we should realize exactly where the deffect is and not mixe things up.
checking anyone file, or even double checking is acceptable, but dont couse them any harm, or subject them to any other type of disadvantaged situation just because the fbi/uscis can not do their job, that all it is

As I said, whether you like it or not, racial profiling is common practice, those who are profiled, sometime they know, sometime they don't. I just can't take it when the victim tries to defend the practice by saying "there is no profiling of me".

Regards,

Balto.
Hey, did you promise me to find a successful Maryland case?

 

[Eastbayer]

That was not my point.

For all who are posting/reading here, or simply put, who are stuck on this name check sh*t, how many are having names like John Smith and coming from a friendly (i.e., western) country? You may not be a middle eastern male, but that is not the only group got stuck, people from former Soviet Block, communist China, etc., etc., made up the majority of this group. I kown I know, Suzzy 997 is yelling "I am not but I got stuck too", well consider her as the actual "real" unlucky one. Profiling based on stereotype is common practice, whether you admit or not, that's just the fact of life, period! Not trying to pick a fight with you, just can't take it when the victim is trying to play that politically correct card.

Peace!

Balto

I remember Suzy997's comment before, and some others'. What I wanted to say was, as we stated in our petitions, we sued those officers/agencies for their official capacity, regardless where we are originally from. Many people were told their cases were delayed due to name check pending; it turned out the name checks were done years ago but USCIS never updated the record, or the name check requests were never made to FBI.

The officer who interviewed me has a strong accent. He told me he was from Africa, and I think he is a Muslim (I guess, from his name). I live in SF bay area. Every time I went to DO for InfoPass appointments, I was greeted by officers who, I think, are immigrants as well. I can tell where they are from based on their accents. We are the ones got stuck, but a lot of people have passed without problems (99% as claimed?). I have a friend who got his citizenship in 5 months, but his son is still waiting after almost two years. They have the same last name, and of course from the same country.

So I think, the most important thing is to get this done, and also use the district courts to force some changes in those agencies, so that new applicants will not have to suffer as we do Certainly I am not defending their poor working efficiency. Whoever we are, we should hear from USCIS within 120-days after examination about their decision---1447 (b)

 

[Balto]

Now you make me jealous, Eastbayer,

I remember Suzy997's comment before, and some others'. What I wanted to say was, as we stated in our petition, we sued those officers/agencies for their official capacity, regardless where we are originally from. Many people were told their cases were delayed due to name check pending; it turned out the name checks were done years ago but USCIS never updated the record, or the name check requests were never made to FBI.

The officer who interviewed me has a strong accent. He told me he was from Africa, and I think he is a Muslim (I guess, from his name). I live in SF bay area. Every time I went to DO for InfoPass appointments, I was greeted by officers who, I think, are immigrants as well. I can tell where they are from based on their accents. We are the ones got stuck, but a lot of people have passed without problems (99% as claimed?). I have a friend who got his citizenship in 5 months, but his son is still waiting after almost two years. They have the same last name.

So I think, the most important thing is to get this done, and also use the district courts to force some changes in those agencies, so that new applicants will not have to suffer as we do

Knowing 1447b is almost a sure win in CA . Sorry if I came too strong on your post (and missed the point ). Yeah, the bottom line is we just want to get the hell out of this mess. I am sure the new applicants will not suffer as we do, b/c USCIS is not holding IV anymore without finishing NC, they just have to suffer more, since they can't even file 1447b! Frankly I don't think the court will be able to force the agency to change at all, it will have to deal with the issue one case at a time, and that is truly sad!

Balto.

 

[Eastbayer]

Peace please

....Frankly I don't think the court will be able to force the agency to change at all, it will have to deal with the issue one case at a time, and that is truly sad!

Balto.

It seems that we are the only ones still surfing at late night. If you have been following the posts here, you may have read the stories of petitioners from CA. Some of them have been through a long journey as well---nothing is easy. That's why I am stuying the cases here to prepare for the initial case management conference, in case. Well, at least I hope it would get better. When cases are mounting in US att's offices, or FBI, something has to be done. This happens in cycles. I remember there were many complains in late 90s, and it was quite good before 2001, then got worse again in recent years. I guess goverment is always a big animal--in every country.

We are "lucky" since we have internet and we know there is a law called 1447 (b). There are many other applicants out there, who speak little English and had to take classes to memorize the answers of those 100 questions, they probably don't know they can do anything besides waiting.

 

[Suzy977]

Did you see the name, looks like this SOB (or just a B) is also an immigrant , hell, that makes it more outragous! Yes, sue the bastard, get the bastard disbarred

Balto.
P.S. What's after the FP, Suzy? You changed your signature

Is late and I'm tired. You kind of lost me here, and in your previous post where you referred to me

But since you brought it up, about my new signature:

That's my position lately, I'm not trying anymore to shove my opinion on anybody's throat (if I've ever done that )...the option is clear and simple: take it or live it, either way works for me

 

[rob waiter]

my correction: you, bashar82, Screaming_Eagle, mohammedmohammed, suzy, (with so many
omissions due my ignorance) belong to Pub
Generation 2. You guys are much better than the professional lawyers.

I read the lawyer's letter (Evita?) to you.
Of course, she was bs. But another take I got is that she felt you have a strong case and she
would want to have a bite on it.

so as mohammed suggested, send a detailed discovery requirement to the AUSA. This way,
he will find fulfilling your discovery work will
be far more burdensom than approving your case.
I believe this is how people defeated the other side in the discovery stage.

so, boy, cheer up. you will prevail in the near future.

Thanks for the kind words... however, I think I'm a loooooong way from being Pub #2. The original Pub started everything on this site, he had enormous balls to rock that boat. Besides, there are other candidate's worthy that title - bashar82, Screaming_Eagle, mohammedmohammed to name a few.

I just look at the documents available out there and try to make a logical argument in my favor. If get beat by a better argument from the AUSA, well, it wasn't my day. But I don't see how they can happen.

What I do wanna do is to make a web site that contains some sort of library of documents that might be helpfull. This thread is becoming HUGE and searching for PDFs through 130 pages is rather inconvinient.

 

[zuhairmahd]

Hi,

Just remember what (I believe) Ben Franklin once said, government is at best incompitent and at worst evil. I have very little doubt that profiling is going on, but I'm just as certain that there is a fair amount of incompitence too. Imagine adding the two together?

Thanks.

For all who are posting/reading here, or simply put, who are stuck on this name check sh*t, how many are having names like John Smith and coming from a friendly (i.e., western) country? You may not be a middle eastern male, but that is not the only group got stuck, people from former Soviet Block, communist China, etc., etc., made up the majority of this group. I kown I know, Suzzy 997 is yelling "I am not but I got stuck too", well consider her as the actual "real" unlucky one. Profiling based on stereotype is common practice, whether you admit or not, that's just the fact of life, period! Not trying to pick a fight with you, just can't take it when the victim is trying to play that politically correct card.

Peace!

Balto

 

[greencard12]

If you file an extra Exhibit after you served all the Defendants, you have to send it to all Defendants again, including to US Attorney and the clock (the 60 days) restarts from zero.
I'm not talking about an amendment, I'm talking about the smallest, most insignificant piece of paper.

What is the difference then between the extra exhibit filing and the amendment? Do you still need to get stamped summon forms and serve them again to all defendants?

Since the district attorney wants to file for motion to dismiss the case for lack of subject matter jurisdiction, I want to include more cited cases, USCIS memos and testimonials in my complaint before he files the motioin. Hopefully I can change his mind. Does anyone think this is a good idea?

 

[mohamedmohamed]

few documewnts for alcyon

these are some documents that shoudl help you prepare your complaint, they are already scattered hefe somewhere, i will post them on here to make easier on you, and you Balto , i did promise you, i just havent found any yet, it soemtime a little trickier, between the unpublished and the sealed cases to find what you looking for, but i have not gforgotten about you, and sure every one else is keeping theor eyes and ears open for the same thing, anything that may help you, or help some one else, that is what we all do here.
i also included here, a paper about the equal access to justice act, for those who want to know when can you ask for a ttorney fees.

 

[mohamedmohamed]

What is the difference then between the extra exhibit filing and the amendment? Do you still need to get stamped summon forms and serve them again to all defendants?

Since the district attorney wants to file for motion to dismiss the case for lack of subject matter jurisdiction, I want to include more cited cases, USCIS memos and testimonials in my complaint before he files the motioin. Hopefully I can change his mind. Does anyone think this is a good idea?

1st of all, you dont act based on what the us attorney want to do you wait untill he filed a motion then address whatever he states as the reason for what he asking for , and demonstrate that his claim have no merit, and should denied by the court.
amendment _ as i understand it_ means that you have changed your complaint for basing on one specific statute or stuation to another different one, for exemple, if you file for hearing on a naturalzation under 1447, you can change it to wOM, that called amandment.
exhibits are extra supporting documents or evidences you file with the court , to proof/ support theargument you are making, or dispute the opsit arguments, these can be added anytime, and yes you have to send this the US attorney, and serve them, i dont think you need to send them to each one of the defendents on your list, at least that what the us Attorney have told me.
Suzy mentioned that whenever you file an exhibit, the 60 days clock started over, am not ssure about that, but she probably have a good reason to beleive so, i was unde the impression that the respondent have to respond to each complaints, or exhibit, withing the rquired period of time, starting from the time such complaint , or exhibit wa served, but i could be wrong, but i know that-at least in my district- the time , and the rule for answering an exhibit , is different than that for the initial (original) complaint. because their is the complaint, and the additional exhibit that being filed later could be considered as a part of the discovery process, which is supposed to be finished within that same 60 day from the ervice of the initial complaint.
one more trick, the attorneys do to shorten thetime between sending the material, and actual delivery time which also acceptable by the court in my district, is attached a service certificate to your complaint , or exhibit, signed, stating that you have served this by USPS mail, therefore , you dont need to send the return receipt and your service date, will be considered the date you filed this with the court.

 

[rob waiter]

one more trick, the attorneys do to shorten thetime between sending the material, and actual delivery time which also acceptable by the court in my district, is attached a service certificate to your complaint , or exhibit, signed, stating that you have served this by USPS mail, therefore , you dont need to send the return receipt and your service date, will be considered the date you filed this with the court.

mohamed,

does this mean you even do not have to use certified mail to serve the defendents?
The certificate itself will do the work?

please advise.

rob

 

[pharmboy]

Motion to seal docket

Hi Guys

After I called the clerk on my case, since I have all my personal information in the exhibits, he suggested me to file a motion to seal docket. So I did. today after I checked my case on pacer, I found that they arranged a motion hearing for me on June 5. Is this normal? I mean, it is just a simple motion for sealing the docket, the judge can just rule without the hearing.

 

[greencard12]

exhibits are extra supporting documents or evidences you file with the court , to proof/ support theargument you are making, or dispute the opsit arguments, these can be added anytime.

I am confused. I think my original complaint is not so strong by not including congress testimonial, USCIS name check expedite rules and OIG report. I want to add these things. However, if you do not mention those exhibits in your original complaint, how can you to add these exhibits? I mean, how to connect these exhibits to the original complaint without changing the complaint?

 

[ls691035]

Hi guys,

Thanks a lot for the tread, links and inspiration! I am stuck in namecheck more than 15 months now (AoS), and I am ready to file!

Next week I have one more infopass appointment to hear the same bs, after that I'll write to ombudsman, and meanwhile prepare the WOM and before the end of the May will file it. One more to the boat!

Real thanks!

 

[RealSuperK]

I don't know who this person is, but if I were you, I'd look for a good lawyer to...SUE THE LAW FIRM "TOLU LAW" for all what they got, and I believe there are pretty good grounds to get them disbarred too for this shameless shit they emailed you...or to get a good settlement in a pretrial understanding...but only under the advice of a good lawyer...you don't want to sound like a blackmailer

These s.o.b.'s think that a "stupid immigrant" can be manipulated and fooled any way they want, they found a new scheme to make money f@$#%&g dirty lawyer.

Do not delete the email, think good about what I just said

I exchanged a couple of emails with her and looked her up on the net. It sounds like she's a pretty good immigration attorney. Actually, I think after she realized that I'm not some helpless guy who can barely speak English and doesn't know what's going on, she went into a more of helping mode than "you need a lawyer to deal with this!" mode. She's a Russian herself, so I guess now I know why she wrote me.

Anyway, I might actually take her up on the advise. She said that Missouri doesn't require me to file an answer to their answer, and she wouldn't file the memo I was working on. Not because it sucked, but because she wouldn't wanna open her cards too soon. She told me that I should contact AUSA, start the discovery process and file my memo as the motion for summary judgement after the discovery is done. I think all this makes sense. Meanwhile, attached is the memo with exhibits. I guess it will become my motion for summary judgement.

Now the question is... what should I ask for in the discovery process? Obviously, my A file. Obviously, all paperwork related to my name/background check. I'm gonna ask for documentation of my interview with FBI 6 years ago. I also plan on asking for all documents that I'm gonna use as exhibits in this case. Not that I don't have them already, I just want them to start thinking that they are not dealing with a moron. Can I ask for Jessica Alba's phone number while I'm at it? Kidding

On the other note, I have NO idea what they possibly can ask me in the discovery process. They got everything I can possibly give them. I can't think of a single thing they don't have on me.

K

 

[khalafah2000]

Filing 1447 (b)

I had my interview on May 11 and my worst nightmare came true; name check.

yesterday, i met my lawyer who filed my citizenship case. He advised me strongly not to file the lawsuit after 120 days. As the same time, he acknowkedged that it may take forever for the name check. Obviously not the kind of answer, i was looking for.

would it be too much to handle the 1447(b) by myself or better to hire a lawyer? For me, getting citizenship is even more important since my wife case is dependent on it(i married after getting my green card; i am sure that rest of the story should be obvious to everyone).

Also should i ask my congressman to write letters to them also? Would these letters help in the lawsuit?

 

[RealSuperK]

I had my interview on May 11 and my worst nightmare came true; name check.

yesterday, i met my lawyer who filed my citizenship case. He advised me strongly not to file the lawsuit after 120 days. As the same time, he acknowkedged that it may take forever for the name check. Obviously not the kind of answer, i was looking for.

would it be too much to handle the 1447(b) by myself or better to hire a lawyer? For me, getting citizenship is even more important since my wife case is dependent on it(i married after getting my green card; i am sure that rest of the story should be obvious to everyone).

Also should i ask my congressman to write letters to them also? Would these letters help in the lawsuit?

Did you ever ask your lawyer why he thinks you shouldn't be filing the lawsuit?