Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
khalafah2000, why did your lawyer advise you not to file a lawsuit after 120 days? I am in the same situation, and about 6 months have passed since my interview. I am thinking about a lawsuit, however I do not want to waste money and mainly time, if it is not going to work anyway.
Thank you very much.
My timeline is:
PD: june 2005
FP: July 19 2005
Interview: Dec 8 2005
Still waiting !!!!
Thank you very much.
My timeline is:
PD: june 2005
FP: July 19 2005
Interview: Dec 8 2005
Still waiting !!!!
rob waiter
Registered Users (C)
K,
I guess the AUSA's answer is like a motion to dismiss the
case (right, gurus?).
you may want to check the court to see if a reply is needed.
If not, you may want to go to the discovery stage and present
your requirements for the AUSA (e.g. name check records.
this is like a circular argument- if they can sort out the name check, this suit
is not necessary. anyway, you may want make these claims)
by the way, the document you attached look great. file it only
when you make sure of the next steps!
r.
I guess the AUSA's answer is like a motion to dismiss the
case (right, gurus?).
you may want to check the court to see if a reply is needed.
If not, you may want to go to the discovery stage and present
your requirements for the AUSA (e.g. name check records.
this is like a circular argument- if they can sort out the name check, this suit
is not necessary. anyway, you may want make these claims)
by the way, the document you attached look great. file it only
when you make sure of the next steps!
r.
RealSuperK 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
to ls691035 and others too
what do you think??
I have been waiting on this namecheck shit for the past 13-14 months too .My case is AOS too. I spoke to a few attorneys to se if my case can be considered strong enough to file a WOM and no one could assure me that the winning chances are high.Their common opininon was that 13 -14 months is not a very long waiting time especially for AOS since there is no mandated time period whithin which CIS has to adjudicate the case(unlike naturalization cases where the 120 days is mandated after the interview). I have decided to wait for atleast a year more.ls691035 said:
what do you think??
sfaizullah
Registered Users (C)
sfaizullah said:
An update: I did receive delivery confirmation receipt from US Attorney in Newark as well as Newark USCIS DO Director received complaint+exhibits+summons on 05/15/2006 and the 60 days clock is ticking... It is 5 months/150 days (exactly from my interview date).
I also receive a reply from USCIS director in response to my letter that I sent a month ago… basically same thing… name check pending… blah blah blah… no help.
Best Regards
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hadenuf said:
Hi, here are few cases of AoS WOM on this tread. Looks like attorneys are not a great help in cases of WOM - most of the cases here are self-filled (per se). My case is current for half a year at least, and now they are processing oct. 2005 cases, mine is february. In light of that FBI can make any NC in 48 hours, and majority of cases are done in a few months, - I think my 15 months are completely ridiculous. Yes, some people wait for 16 years - so what? I would rather go back to my home country in case of denial, when wait one or more year in uncertainty. Let's see what they have to tell me
. BigK, I am from Russia as well
khalafah2000 said:
A lot of lawyers prinicipally don't involve themselves in helping plaintiffs who sue the Government (though I find it kind of hard to understand: filing 1447b petition is simply exercising a right for a hearing after 120 days). Some others wouldn't mind but would want large money in return. No success guaranteed though.
Experience shows that writing to congressmen/women and senators doesn't usually help (a lot of evidence on this thread).
I suggest you either file Pro Se or try to find a good lawyer. If you choose Pro Se, start with careful reading Publicus' instructions at the begginning of this thread.
Good luck.
khalafah2000
Registered Users (C)
yes, i did ask.RealSuperK said:
He said that very likely I will lose since it is a case against Government and he is not willing to discuss any further. He has filed this kind of lawsuit only once in his whole life and in his opinion, it is a waste of time and money. He thinks that the best strategy is just to wait and wait ..., which to be honest, i am not willing to do.
I have absolutely perfect record during the last 5 years. Paid lots of money in taxes, have no record of any sort etc. The only thing is that I travelled to Pakistan many times in the last 5 years since my wife was there, though my trips were always less than six months and i spent well over 3 years in USA in the last 5 years.
ls691035 said:Hi, here are few cases of AoS WOM on this tread. Looks like attorneys are not a great help in cases of WOM - most of the cases here are self-filled (per se). My case is current for half a year at least, and now they are processing oct. 2005 cases, mine is february. In light of that FBI can make any NC in 48 hours, and majority of cases are done in a few months, - I think my 15 months are completely ridiculous. Yes, some people wait for 16 years - so what? I would rather go back to my home country in case of denial, when wait one or more year in uncertainty. Let's see what they have to tell me
BigK, I am from Russia as well
Are you EB-2 or EB-3??. My case is EB-2 and I am from India and my 485 was filed in mid April '05. Have been stuck in this hellhole since then (atleast that is what the replies from USCIS say). My case was current between april and Sept last year (before the dates retrogressed) and now they are again current since april this year.This makes it current for about 7 months now.
In my opinion, the key to getting a successful decision would depend on how well we can defend the case if the US attorney defending CIS replies back saying that 15 months is a reasonable amount of time considering the back log blah blah.... and especially so since the case is AOS (and not naturalization) and that there is no set time limit.
Anways, good luck with your filing and please continue to post your case progress. May the force be wth you!!
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One thing to be considered
I just chip in my opinion/ expereinces. When you said you're stucked in name check, did you get any documentations stating that? I asked because a year after my interveiw I e-mails to the FBI and the first answer signed by David M. hardy was stated that I'm not on the databese. It was take another six months before the FBI was able to located my file. That quiet intimidated. I wondered if anyone will ever noticing that there is a file with my name on it, if I ever spend many hours e-mailing and calling them???
That what happened to me hopfully your would be in differen side,
Best regards,
~C
Hello Hadenuf and Is619035hadenuf said:
I just chip in my opinion/ expereinces. When you said you're stucked in name check, did you get any documentations stating that? I asked because a year after my interveiw I e-mails to the FBI and the first answer signed by David M. hardy was stated that I'm not on the databese. It was take another six months before the FBI was able to located my file. That quiet intimidated. I wondered if anyone will ever noticing that there is a file with my name on it, if I ever spend many hours e-mailing and calling them???
That what happened to me hopfully your would be in differen side,
Best regards,
~C
cuties said:
I learned the exact date on my infopass appt (nothing in written form), and have another appt next week. I guess once I fill WOM it becomes their problem to figure it out, not mine - namecheck or no namecheck. They had plenty of time for it
.P.S. I am really so excited about finally being able to do anything about this stupid case! My very personal life suffers because of the waiting! Although I am very VERY patient.
cuties said:
Hi,
In my case, ever since I filed my 485, I have been getting the same response from CIS that my namecheck/background checks have not cleared. I have emails/ mails from CIS that say this. I have written numerous times(mails/faxes/emails) to the FBI requesting them to reply to my mails with the status of the namecheck and have not recieved any response from them. So I dont know the status of my case with the FBI. I have given up on writing/mailing them anymore as it is a waste of effort and time.
What are your case details cuties??.WHen did you file your 485??.Have you filed WOM??.
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My name check was pending for 6 months. I filed a complaint on Marh 27. One month later, USCIS notified me that "the name check is cleared". They asked me to dismiss the case and adjudicated my citizenship on May 9. The whole process took only 1 and half month.
This forum encourged me to file the case in the first place and I got a lot of help here along the way. Otherwise, I won't be able to get over this hassle. My suggestion to those still waiting: take action, don't waste you time waiting.
Specialy thanks to Publicus for sharing his experience with us.
This forum encourged me to file the case in the first place and I got a lot of help here along the way. Otherwise, I won't be able to get over this hassle. My suggestion to those still waiting: take action, don't waste you time waiting.
Specialy thanks to Publicus for sharing his experience with us.
mohamedmohamed
Registered Users (C)
NO, you still have ti use certufied mail, you just dont have to wait for the receipt to be returned to yourob waiter said:
Aos /wom
Nowaday the FBI do not respond to the inquries?
My case was base on married. I submitted the I-485 on Sep 07, 2003. Interveiw date May 12, 2004 and stucked since.
I filed the WOM on Macrh 31, 2006 and on May 12,2006 I received a latter from the DO. That was the first thing I have ever got since the date of the interveiw.
Today I have the third FP done. (scheule for June 2, 2006)
I have very little knowledge of the WOM and I hired an att, to do it for me which I regret.By hiring an att. I did not learn much.
Anyway seemed like thing are moving after the law suite. For thoes who are willing to wait it thier chioces , me , personaally only thing I regret of filing the law suit was the date. i shuold have done this years ago.
Best Regards,
~C
Hello there,hadenuf said:
Nowaday the FBI do not respond to the inquries?
My case was base on married. I submitted the I-485 on Sep 07, 2003. Interveiw date May 12, 2004 and stucked since.
I filed the WOM on Macrh 31, 2006 and on May 12,2006 I received a latter from the DO. That was the first thing I have ever got since the date of the interveiw.
Today I have the third FP done. (scheule for June 2, 2006)
I have very little knowledge of the WOM and I hired an att, to do it for me which I regret.By hiring an att. I did not learn much.
Anyway seemed like thing are moving after the law suite. For thoes who are willing to wait it thier chioces , me , personaally only thing I regret of filing the law suit was the date. i shuold have done this years ago.
Best Regards,
~C