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

Paz, Lotechguy and all concerned:

I find this logic totally crooked: when your application is not finished while people who applied a year or more later than you are getting adjudicated, HOW ON EARTH it is YOU JUMP IN FRONT OF THEM WHEN YOU ASK FOR YOUR CASE TO BE COMPLETED???

On the opposite, when AUSA (and some not objective judges) argue that you should not be allowed to "jump in front of the line", what line are we talking about"? It is them jumping in front of YOUR LINE because YOUR case should have been completed first as they claim, it's "first-come-first-serve basis"! :mad:

So This twisted logic should be argued.

Also, Lotech, Paz, and others,

Here are the points I'd like to point on for 'Unreasonable delay"

1)Per agencies guidelines, the Fingerprint check expires in 15 months. This is although indirest, but reasonable to conclude, that the CIS expects all your background checks to finish within 15 months, so they won't need to repeat Fingerprint and waste taxpayers' money.

2)For N-400 cases: the 120-days after interview is a very clear guideline that ALL matters associated with your naturalization must be completed within this time. After that applicant has a right to sue CIS.This also applies to the name check which was supposed to be received BEFORE the interview. But if it's not finished, here is 120 days to complete it. SO although they can say, CIS was not even supposed to interview before receiving nc results, we can argue, CIS EXPECTED TO RECEIVE THE NC RESULTS within 120 days, that is why they called for interview in advance. So by that, 120 days after interview is reasonable time.

3) What I intend to write in my 1447+WOM petition: "If no time limit was meant to be imposed on background checks ordered by USCIS in relation to naturalization applications then statues 8 C.F.R. §335.3(a), 1446(d), and others lose their meaning and the intent of these and other related law articles become unclear."

4) Congress intentions expressed in 8 U.S.C. § 1571(b):
“It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application,..” (but here I twist my logic as I argue before, that Naturalization is NOT a benefit (meaning not discretionary benefit),it is a right upon fulfilling statutory requirements.)


It is very possible that we may be dealing with a "education" issue and the necessity to point out to the judge all contemprory opinions of the name check delay (administrative economy, interest of national security) (ombudman report, other congressional oversight reports if any etc) and use 8 U.S.C. § 1571(b): “It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application,..” to drive home the point that congressional intent is in fact not being served in these delayed beyond 120 to 180 day cases.

The question is where do we do this ? In the initial complaint or the MTD ? As riz786 case shows if we dont do it in the complaint, then it may be late since the judge renders a decesion not even waiting for an answer from the defendents. The question is can one really put all thi sin the complaint ? I guess you can if it is a 1447b+WOM, but I have not seen any such complaint.
 
Need suggestion

OK here is the update on my case. According to my AUSA FBI do have little information about me but it is not bad or any thing that will effect my immigration benefit. It is not Derogatory in nature. he tried to get that info from FBI to CIS via emails and letters but CIS does not accept it. They want computer generated response apparently that only comes from system when big guys sit together in washington and put it in system how long it takes god knows.

He is saying either he is ready for motion to dismiss or obeyance for 60 days and hopefully name check finished during that time.

What do you guys think should I go with Motion to dismiss or wait another sixty days with Judges permission.
 
OK here is the update on my case. According to my AUSA FBI do have little information about me but it is not bad or any thing that will effect my immigration benefit. It is not Derogatory in nature. he tried to get that info from FBI to CIS via emails and letters but CIS does not accept it. They want computer generated response apparently that only comes from system when big guys sit together in washington and put it in system how long it takes god knows.

He is saying either he is ready for motion to dismiss or obeyance for 60 days and hopefully name check finished during that time.

What do you guys think should I go with Motion to dismiss or wait another sixty days with Judges permission.

Wenlock,
Did you do a FOIPA with FBI and what did that say ?
 
Wenlock,
Did you do a FOIPA with FBI and what did that say ?

FOIPA said no-record apparently information that they have about me is not related to me some how my name came in due to some other investigation so I am not even a topic of investigation. He acknowledged information about me is not negative at all.

According to AUSA CIS is just to worried about these lawsuits and no one wants to take responsiblity or make decisions so they want every thing in the system no indivitual wants to take responsibility.
 
Wenlock,

I think obeyance would be better. Since they have already moved forward (seemingly diligently) on your case, they are doing their non-discretionary duty. Thus you have lost some good arguements in court. The judge could simply say the rest is the non-discretionary part. So it might be in your interest to allow them a little more time to sort it out. It doesn't sound bad at all, I feel that once the the computer generated response is recieved, the CIS would normally do it pretty quickly for cases in lawsuits. In addition, obeyance choice will save you a good amount of time by avoiding the opposition to MTD.

MidOfFighting


OK here is the update on my case. According to my AUSA FBI do have little information about me but it is not bad or any thing that will effect my immigration benefit. It is not Derogatory in nature. he tried to get that info from FBI to CIS via emails and letters but CIS does not accept it. They want computer generated response apparently that only comes from system when big guys sit together in washington and put it in system how long it takes god knows.

He is saying either he is ready for motion to dismiss or obeyance for 60 days and hopefully name check finished during that time.

What do you guys think should I go with Motion to dismiss or wait another sixty days with Judges permission.
 
Hi, everyone with similar experience,

I recieved a letter from CIS asking me to add a medical exam item (they said the item was blank in the original exam which was taken years ago. God knows why). It is happening after FBI expedite my name check 2.5 months ago. What do you think, does it look like they have almost completed my case? I have waited for almost 4 years. Every movement looks like the light at the end of tunnel to me. Thanks for your sharing of info /experience.

MidOfFighting
 
United2007,

I found some info in my book and scanned it in... Hope this will help with the legal language...
Ninyte
 
Last edited by a moderator:
OK here is the update on my case. According to my AUSA FBI do have little information about me but it is not bad or any thing that will effect my immigration benefit. It is not Derogatory in nature. he tried to get that info from FBI to CIS via emails and letters but CIS does not accept it. They want computer generated response apparently that only comes from system when big guys sit together in washington and put it in system how long it takes god knows.

He is saying either he is ready for motion to dismiss or obeyance for 60 days and hopefully name check finished during that time.

What do you guys think should I go with Motion to dismiss or wait another sixty days with Judges permission.

I would suggest you wait for another two months unless you have an emergency or any other urgent problem. Good Luck!
 
Wenlock,

I think obeyance would be better. Since they have already moved forward (seemingly diligently) on your case, they are doing their non-discretionary duty. Thus you have lost some good arguements in court. The judge could simply say the rest is the non-discretionary part. So it might be in your interest to allow them a little more time to sort it out. It doesn't sound bad at all, I feel that once the the computer generated response is recieved, the CIS would normally do it pretty quickly for cases in lawsuits. In addition, obeyance choice will save you a good amount of time by avoiding the opposition to MTD.

MidOfFighting

What sucks is that no bad information and every one knows it USCIS FBI but I am still stuck. it just sucks
 
Hi all,

Today I filed a motion for extension of response time with E.D. VA for my response to MTD. It was due 3/26/2007 but I need more time to craft it. My hearing is set for 4/13/2007 and I have asked for 15 extra days which takes me to 4/10/2007. I do not nkow how things are going to turn out but I will let you know.

I have a basic question and I will appreciate your comments.

Other than confusing with 12(b)(1) and (6), the CIS has cited all kinds of cases and when I read some of them in WestLaw I noticed that some of them are really irrelevant. For instance, Saleh v. Ridge, where Saleh has entered the US illegally and he was later convicted of some kind of conspiracy of traficking cloth and has got 36 months of probition.

Now my question is how to show this in legal terms; for instance, can I say Defendants based the facial attack on cases that are factually irrelevant?

So first of all, is that the meaning of facial versus factual? and is that a right logic to say that because my case is not factually comparable to Saleh's, the facial conclusions in that case is not applicable to my case?

I think this is an important point which is worth to be discussed.

Thanks.
 
What sucks is that no bad information and every one knows it USCIS FBI but I am still stuck. it just sucks

This is another FBI-CIS Newest BS that I am hearing. Here is a deal. Either your name check/background check is cleared by FBI or NOT. And, if it has been cleared, then, why the hell they can not send those results to CIS via computer. I wish everything turns out to be good for you, but something seems wrong here. Anotehr possiblity is that AUSA is giving you wrong information because he himself is not prepared to file MTD yet. Best of Luck Dear and please keep us informed about your case. I think we can expect anything stincky from both of these agencies FBI and USCIS. regards, dude
 
This is another FBI-CIS Newest BS that I am hearing. Here is a deal. Either your name check/background check is cleared by FBI or NOT. And, if it has been cleared, then, why the hell they can not send those results to CIS via computer. I wish everything turns out to be good for you, but something seems wrong here. Anotehr possiblity is that AUSA is giving you wrong information because he himself is not prepared to file MTD yet. Best of Luck Dear and please keep us informed about your case. I think we can expect anything stincky from both of these agencies FBI and USCIS. regards, dude

I am not sure what to think at this point. I kind of get feeling he wants to help me but he do not want to disclose to much information. I try to play little smart and I some times get information out of him even though he do not want to share. One thing he always say people up at washington are very hard to deal with. According to him he him self get spoty information.
 
What sucks is that no bad information and every one knows it USCIS FBI but I am still stuck. it just sucks

Wenlock here is the memo that describes how the name check system works:

http://www.cyrusmehta.com/News.aspx?SubIdx=ocyrus200731082018&Month=&From=Menu&Page=1&Year=All

Based on this it looks like either the FBIQUERY system either reports NR,(no Record), PR(positive Record) or one of Pending (IP,H ect) statuses. The USCIS can see these at the infopass level so the AUSA should not have any problem telling you what exact status is for you. This will tell you and us where you are. Most of us stuck here are in one of the many pending statuses. So is your AUSA telling you that you have a PR status or just a pending status ? You can also take an infopass and find out.
 
AUSA files answer for 1447b - N.Cal

Ok, my update is AUSA filed an answer to my 1447b on the last day. The answer has denial and admittance , paragraph by paragraph for my 1447b complaint.

FIRST AFFRIMATIVE DEFENCE: - The court should dismiss the complaint under Fed. R. Civ . P. 12(b)(6) because pliantiff fail to state a claim upon relief may be granted.

SECOND AFFRIMATIVE DEFENCE: - under Fed. R. Civ . P. 12(b)(1), lack of subject matter jurisdiction.

Now my district ordered for ADR for which I have agreed. Let us see what happens.

Based on this forum, I don't have to reply to AUSA's answer. Please correct me if I am wrong. I just wait for the ADR to happen?

--------------------------------------
N-400 filed on --> Feb 2006
Fingerprint on -->Mar 2006
N-400 Interview --> June 13th 2006
1447(b) filed on -->Jan 17th 2007
Answer due from AUSA date on March 20th 2007
Last date to file Joint Case Management stmt --> April 6th 2007
Date of initial case mgt. conference--> April 13th 2007
 
Wenlock,
find the document that I posted here recently. Unfortunately I have no idea where it is on my file system, so I cannot post it again, but it is from internal memo how NC processed.
 
It is very possible that we may be dealing with a "education" issue and the necessity to point out to the judge all contemprory opinions of the name check delay (administrative economy, interest of national security) (ombudman report, other congressional oversight reports if any etc) and use 8 U.S.C. § 1571(b): “It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application,..” to drive home the point that congressional intent is in fact not being served in these delayed beyond 120 to 180 day cases.

The question is where do we do this ? In the initial complaint or the MTD ? As riz786 case shows if we dont do it in the complaint, then it may be late since the judge renders a decesion not even waiting for an answer from the defendents. The question is can one really put all thi sin the complaint ? I guess you can if it is a 1447b+WOM, but I have not seen any such complaint.

Lotechguy!

You just phrased my question for me! My dilemma is, these are not very strong, but still usable points (re. unreasonable delay). But I feel it may somehow irritate the judge if I become too specific and include it in my original complaint. So I was going to ask yours and everybody's advise: given that my complaint is already 13+pages, should I remove the part WHY I think the delay is ureasonable and simply state:

"Plaintiff further brings complaint against Defendants under APA sections 5 U.S.C. § 555(b) and 5 U.S.C. § 706(1), which direct the reviewing court “to compel agency action unlawfully withheld or unreasonably delayed”. While the meaning of “reasonable time” is often interpreted differently and within a context of a certain case, Plaintiff believes that his name check and adjudication delays in excess of 41 months each are clearly unreasonable."

I repeat, my complaint will have BOTH 1447and WOM parts.
And I agree with your reasoning, we just might motivate our unreasonable delay in the very beginning.
We are asking relief for that, so we need to explain it, right?

At the same time, I was hoping that since my husband's delay is Already 41 +months (from nc start), wouldn't it be obvious that this delay is already unreasonable, so no need to go into all the points?

I'll appreciate your comments...

P.S. And I'll send you my draft when it's completed.

Thank you, Shvili
 
In the light of this decision and that USCIS is already using it in other cases, I must admit that shvili has a good point when s/he is pushing for a joint 1447(b)+WOM type of complaint in these stalled naturalization cases. It will be a lot harder and probably won't work for limited waiting time, but the time in that case should be counted from the date of the 1st FP, when the full criminal background check was initiated. If the time passed is longer than ~2 years, I think that this can be considered unreasonable delay and the Court may consider to compel FBI to finish the name check in XX days.

Paz,

Since several courts considered 2+yrs. delay unreasonable, I repeat my question in the previous letter to Lotechguy, should I dilute my 1447+WOM complaint with a somewhat weak points that I posted above?

Also, Snorlax's point about non-discretionary duty is worth putting in, I think: the discretion stops when you paid to USCIS. After that, they OWE you to act on your application. This point works for both, AOS and naturalization.

I am leaving for a 3-day weekend where there will be no internet :(. But I'll reply and post again when I return, on Sunday night. I'll hopefully work on my complaint there, but without access this forum.

Good luck to everybodey!
 
Hi Shvili,

Thanks for all the advices and information provided to me. Can you help me to understand what are the next possible steps following the MTD? It looks like this:
1. Receive MTD
2. I file Opposition to MTD within 20 days.
3. Wait for judge decision?
4. To select ADR process?
5, Have case management conference?

I searched the this thread and trying to get an idea of how PRO SE process goes step by step, and what are the key actions I need to take, but I have found anything yet.

Thanks

bsus,

I haven't gotten to the point of after complaint, as I'm just preparing to sue myself. I believe, our seniors will be much more knowledgeable than myself in this area so hopefully they could comment.

I also suggest to read the Pro Se handbook (Posted here), It has TONS of useful info.

Also, looking at this thread:

GO TO THE VERY FIRST PAGE (several years ago) -it gives step by step instructions on how to sue Pro Se.

Good Luck!
 
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