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

Hello howdy all?

It seems like the audience has quite changed since I was active back in Nov-Dec 06. It must be a good sign as those users might have gained their citizenship.

I am in the same boat as all you are. Once was stuck in the FBI name check BS, and now stuck for whatever I don't know.

I would have hoped that I would be coming here with good news ONE day, but it seems that day will not come anytime soon.

Worst, I am a SOLDIER who is deploying to Iraq in a month. They have expedited the name check nonsense but after the results came in, they stopped again! I have even submitted my orders for deployment to Iraq. It seems they don't give a shit who you are what you do. You are guilty or suspect somehow even you have sworn to protect the constitution of the US and obey the orders of Commander in Chief under uniform.

I should have sued the suckers when I had a chance. Now it is too late. My deployment to Iraq seems like it will last about 18 months. 18 months. All I wanted was to serve as an American in the desert.

My wish from you, all of you, is to file every possible petition fighting for your right to make their lives miserable! I am a soldier fighting for the US and I will hire a lawyer to petition against these suckers who make our lives miserable in the name of national security. I provide that national security and I am not good enough for a streamlined service. If I am not, then you better file your 1447 petitions.

If I come home from the war in Iraq safely, it will be about time for the next presidential elections. I will MAKE the NEWS! I will sue them. And no, my naturalization ceremony WILL NOT be a happy one. Trust me, they already took that spirit away.

I wish that we had a central newspaper journalist among us, who could make a thorough report how, hiding beyond big words like "national security" these sob-s deny naturalizations to soldiers like you. And I wish it was really broadcasted big time. And how some "bleeding-heart" politicians, while promoting naturalization to illegal immigrants, at the same time reply to our requests (like Sen Boxer did to mine) that we should just accept that matters of "national security" being above our personal plights and just "bend over and smile" and wait forever.
I know that some soldier was once mentioned in some article about nat-ns delays, but somehow it never connected and I never saw a big-time report about hypocricy of this situation:

the government trusts you enough to let risk your life to protect this country, but your natural-n is stalled meanwhile.

Bushmaster, please stay safe, come back and sue them when you return! I wish our little stories changed something meanwhile but I seriously doubt it. Stories like yours make me feel that when (and if) we win our cases and this situation is still the same we should really make a campaign to bring this stupidity to high enough levels and to generate politicians' attention.
 
i want to thanks everyone for the support you have demonstrated to me, This is true act of humanity when you do something to uplift those who are down. Again i want to appreciate for your support and help yo have been given me. i wont quite, nor give up. There is hope some where out there. and it is this place when i find soo much hope from evey person --thanks.
Hi nifty97,

You did not supply much information about your case, but it sounds like there is a chance to file Motion to Reconsider or Motion to Amend or Alter prior to Appeal. I would certainly try to do it before the appeal… paz1960 is right – the Danilov nonsense has been pulverized in so many courts that you would have good chances of winning the appeal and doing a great service to your followers. Winning appeal would certainly nail the coffin for this “examination is a process” and therefore “luck of jurisdiction” garbage. paz1960 posted his great opposition draft – just use it, we may be able to further amend it with later cases.

Please keep us informed,
snorlax
 
my case was dismiss, due to the lack of jurisdiction. i reside in california, 9th circut court, i need help to find cases in 9th court that state they have jurisdictions.

i need cases that the court in 9th circurt court have remanded the case with instructions.

i need cases that the court in 9th circut court have determine interview is single event or 120 day satart running after the initial interview.

if someone can find these case i will have a chance to convince the court to listen to my case again. and recosider

i do not have much time i have less than 30 days, the deadline is Aprial 27
so please i need help from all of you guys.

thanks.

Hi nifty97,
I am very sorry to hear your situation. I can not believe that it happened in 9th district court. You have to fight this till you get what you want; if you give up and lost this battle then it will be a lasting blow to 1447 b cases. Therefore you have to find energy and resources to fight this decision.
I recently filed Motion to reconsider in Michigan (with the help of the great folks of this forum), if you are filing the same then per FRCP 59(e) you have only 10 calendar days from the day of decision to file yours. I will not recommend having an attorney for filing this due to not enough time, an attorney will file something and you do not want something, you want a well prepared motion. Please start searching for a good attorney to go to appeals court.
Please ask any question you have regarding your choices, filing, format of the motion, etc. this great forum will help you. If you need any help from me you can send PM to me. I just do not want this case to go down.
I am attaching some new favorable cases to 1447b, consider these once in you motion (I have already posted them some time ago)
Good luck.

Qazi v. Gonzales, No. H-06-1574, 2007 WL 446040 (S.D.Tex. Feb. 6, 2007) (ordering Gonzalez to direct the FBI to complete the required background check within the next 120 days and deliver to the CIS. The CIS was ordered to make prompt determination. The case administratively closed with the Plaintiff’s right to reinstatement upon notification); Lazli v. USCIS, No 05-CV-1680-BR, 2007 WL 496351(D. Or. Feb. 12, 2007) (Gonzales was ordered to instruct the FBI to complete checks within 90 days; the CIS was ordered to complete checks within 90 days; and the CIS was also ordered to adjudicate the naturalization application within 120 days and file a copy of adjudication with Court within 5 business days of adjudication); Aarda v. USCIS, et. al., No. 06-1561 RHKJAJB, 2007 WL 465220 (D. Minn. Feb. 8, 2007) (The CIS and the defendants were ordered to complete all background checks as necessary to process the naturalization application and the required action was to be completed within 120 days of said order. The Court will retain jurisdiction to ensure compliance); Hussein v. Gonzales, No. 306-CV-497J-32MCR, 2007 WL 328691 (M.D. Fla. Jan. 31, 2007) (The FBI and the CIS are directed to act on Plaintiff’s naturalization application no later than March 26, 2007); Bahran Mechanic v. DHS, et. al., No. 4-06-3524, 2007 U.S. Dist. Lexis 1154 (S.D. Tex. Feb. 20, 2007) (ordered to complete the investigation as expeditiously as possible, the case administratively closed, but the Plaintiff may reinstate if further review proves necessary);
 
Hello howdy all?

It seems like the audience has quite changed since I was active back in Nov-Dec 06. It must be a good sign as those users might have gained their citizenship.

I am in the same boat as all you are. Once was stuck in the FBI name check BS, and now stuck for whatever I don't know.

I would have hoped that I would be coming here with good news ONE day, but it seems that day will not come anytime soon.

Worst, I am a SOLDIER who is deploying to Iraq in a month. They have expedited the name check nonsense but after the results came in, they stopped again! I have even submitted my orders for deployment to Iraq. It seems they don't give a shit who you are what you do. You are guilty or suspect somehow even you have sworn to protect the constitution of the US and obey the orders of Commander in Chief under uniform.

I should have sued the suckers when I had a chance. Now it is too late. My deployment to Iraq seems like it will last about 18 months. 18 months. All I wanted was to serve as an American in the desert.

My wish from you, all of you, is to file every possible petition fighting for your right to make their lives miserable! I am a soldier fighting for the US and I will hire a lawyer to petition against these suckers who make our lives miserable in the name of national security. I provide that national security and I am not good enough for a streamlined service. If I am not, then you better file your 1447 petitions.

If I come home from the war in Iraq safely, it will be about time for the next presidential elections. I will MAKE the NEWS! I will sue them. And no, my naturalization ceremony WILL NOT be a happy one. Trust me, they already took that spirit away.

Salute to you my man Bushmaster,
I am very sad to hear that you are still suffering due to this bureaucratic mess. I can understand your feeling. For immigration you are just an Alien or a case like others. But please take care yourself and stay sharp here and in Iraq. Do not let this issue to depress you and take your happiness. I believe that sooner or later you will get what you fight for.
God Bless you my Man.
 
I know I am being redundant

I am a soldier fighting for the US and I will hire a lawyer to petition against these suckers who make our lives miserable in the name of national security. I provide that national security and I am not good enough for a streamlined service. If I am not, then you better file your 1447 petitions.

In the name of security...... Yeah... We are soo gullible to buy this excuse.

This has been brought up before but I'll mention it again.

If it was a matter of national security, 300K people whose names raised a flag should be FBI's priority. But instead we are put back on the back burner. Because nobody really believes in that name check is doing any good for the national security.

Bushmaster keep us posted when you are in Irak. Hope you'll get this thing resolved soon.

Be safe.
 
Hello howdy all?

It seems like the audience has quite changed since I was active back in Nov-Dec 06. It must be a good sign as those users might have gained their citizenship.
.

I think you are in a limbo type situation where some bureaucrat has to be pushed to make a decision. Try scheduling a personal (in person) appointment with your senators and congressman. They are now back in the district for recess till April 9. You can give the reason as "soldier going to war" etc and get a personal appointment and plead your case with them personally. They can make a few calls to senate judiciary committe members and get your process rolling.
 
A very recent (March 21, 2007) decision regaring examination==interview to use

Hi nifty 97,

Here's a very recent order (dated March 21, 2007) on a 1447b case. The judge interpreted examination = interview. You should be able to use this judge's analysis in your appeal.

Good Luck!
 
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Since you've got what you wanted (approved I-131), I do not see how you can proceed with your case. It is moot (dead). You can travel if your name check pending, especially if your name is clear. My friend has travelled a few times and did not have any issue.

Thanks lazycis...you stated "You can travel if your name check pending, especially if your name is clear. " Sorry I diddn't get it..pending and clear ? If it is pending then its not clear...right ? or am I missing something here ??

You said your friend has travelled several times and didn't had any issue. Is his name check is also pending ?? Please clarify...
 
Hi nifty 97,

Here's a very recent order (dated March 21, 2007) on a 1447b case. The judge interpreted examination = interview. You should be able to use this judge's analysis in your appeal.

Good Luck!

Wonderful decison! What a great precedent!
 
snorlax said:
What is life of a human being to them?

Apparently nothing.

I do not think that news these days can be much of help.

I will try. I am thinking of writing to Lou Dobbs of CNN, and maybe to FOX. I already the local paper here, but they are using my story to bolster patriotism, so the story is missing the point, the point is we are being SCREWED and we are innocent.

Just try you best not to overextend your stay among the sands, come back safely and file you 1447b in court! We will keep bugging them bureaucrats meanwhile…

Ah, my deployment period is not in my hands, it is given as 18 months compared to regular 12. I am going to support the surge.

All the best and good luck to you!
snorlax

Thanks snorlax, best to you too.

shvili said:
I wish that we had a central newspaper journalist among us, who could make a thorough report how, hiding beyond big words like "national security" these sob-s deny naturalizations to soldiers like you. And I wish it was really broadcasted big time.

I tried. I could only stay local due to time constraints. I emailed to NPR but didn't get a response. Since we are servants of the government in a sense, we are not heard at all. I know people who are still trying in the desert. This might be just me but it is a great deal to ME that I am an American while in the desert fighting an American war, this is my motivation.

And how some "bleeding-heart" politicians, while promoting naturalization to illegal immigrants, at the same time reply to our requests (like Sen Boxer did to mine) that we should just accept that matters of "national security" being above our personal plights and just "bend over and smile" and wait forever.

I have not received attention from Dem congressmen either. John Thune (SD-R) has been indeed overly helpful, his office in my hometown keeps sending emails to USCIS.

I know that some soldier was once mentioned in some article about nat-ns delays, but somehow it never connected and I never saw a big-time report about hypocricy of this situation:

the government trusts you enough to let risk your life to protect this country, but your natural-n is stalled meanwhile.

I am the squeeky wheel WHO will get the GREASE, not to worry. Once I had dreamt of the day I was naturalized, like a close friend of mine in the military, I was going to talk to journalists how proud I would be... I wish to be interviewed when that day comes, and no they will not hear no patriotic speech, I will talk about all of our sufferings.

Bushmaster, please stay safe, come back and sue them when you return! I wish our little stories changed something meanwhile but I seriously doubt it. Stories like yours make me feel that when (and if) we win our cases and this situation is still the same we should really make a campaign to bring this stupidity to high enough levels and to generate politicians' attention.

I don't think I will wait until I come back to sue them... But even though I get my citizenship, I will visit here and will try to make this public.


786riz said:
Salute to you my man Bushmaster,
I am very sad to hear that you are still suffering due to this bureaucratic mess. I can understand your feeling. For immigration you are just an Alien or a case like others. But please take care yourself and stay sharp here and in Iraq. Do not let this issue to depress you and take your happiness. I believe that sooner or later you will get what you fight for.
God Bless you my Man.

Thanks Riz...

lotechguy said:
I think you are in a limbo type situation where some bureaucrat has to be pushed to make a decision. Try scheduling a personal (in person) appointment with your senators and congressman. They are now back in the district for recess till April 9. You can give the reason as "soldier going to war" etc and get a personal appointment and plead your case with them personally. They can make a few calls to senate judiciary committe members and get your process rolling.

This is something I did NOT know about lotechguy. Do I have to make an appointment before April 9? Do I have to go to DC for that? I would since it is only 8 hours of drive. My senator John Thune's office has been very helpful. I have inquired if he can personally get involved but the staff told me to wait on that as they will try everything to get to the bottom of this. None of the other offices gave me that kind of treatment. I got the usual "national security, we can't do much" from them. Right now, John Thune's office told me to wait until after easter and if there is no new info by then, they are going to call USCIS ATL office. I am thinking if there is NO news after the phone call, then I will talk to John Thune. If there is NO PROGRESS by first week of May, I am hiring my attorney.

My plan is to hire an attorney in the Atlanta area, I have talked to an attorney who does these kind of cases in about 3K. It is a reasonable amount enough to also request for Equal Access to Justice Act. Since he will be doing the work, and it is not pro se, I am thinking I do not need to be present. Once the JUDGE knows that I am already DEPLOYED, and I have tons of email communication shows USCIS had been moving on the case and providing info to Congress reps, he might even agree to naturalize me or enter direct instructions for USCIS to finalize the case. If they approve, all they gotta do is to forward the approval to Iraq! If they retaliate and deny it, they have to show reason, and there is NO reason to deny it, we will appeal and I will take leave from Iraq by then to attend to the interview. The only problem would be that when they are forced by the court, they might want to schedule a second interview when I am deployed, and in that I will have to wait until I get leave. I think this is such a case I can definitely use an attorney.

I AM NOT waiting another 18 months, fighting an American war, being a Not-American yet.
 
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, fighting an American war, being a Not-American yet.

Bushmaster,
Senators are now in their districts for easter recess till April 9. So you can meet them now in your district. Find out your senator's schedulele in your district nextweek and ask you want to talk before going to iraq. When you meet the senator in person present your case and mention that the press has been kind to you and you are now close to going to war and still pending.
 
Bushmaster,
Senators are now in their districts for easter recess till April 9. So you can meet them now in your district. Find out your senator's schedulele in your district nextweek and ask you want to talk before going to iraq. When you meet the senator in person present your case and mention that the press has been kind to you and you are now close to going to war and still pending.

Well, lotechguy, I just checked my senator's schedule. I have been working with my senator's office which is in South Dakota. His office was the only office among those I contacted that positively responded and kept following up. We are stationed in Georgia. I don't think we will be able to go to South Dakota this next week. I am hoping to get an appointment in DC before I deploy. Thanks, this is a very good idea.
 
I will try. I am thinking of writing to Lou Dobbs of CNN, and maybe to FOX. I already the local paper here, but they are using my story to bolster patriotism, so the story is missing the point, the point is we are being SCREWED and we are innocent.

I AM NOT waiting another 18 months, fighting an American war, being a Not-American yet.
That is exactly what I do not like about the press. You spill you soul to them – they take the info you give them – turn it inside out and use it for pushing their own agendas with little of no regard to the original case, often harming the originator in the process.

Citizen or not – you should probably stay focused on a single, high-priority task – coming back alive and in one piece. The rest should be of a secondary concern.

Do not let this naturalization ordeal to hamper your spirit and survival skills!

Best of luck to you,
snorlax
 
Hi nifty 97,

Here's a very recent order (dated March 21, 2007) on a 1447b case. The judge interpreted examination = interview. You should be able to use this judge's analysis in your appeal.

Good Luck!

Hi SLIS,
This is a good one; we must keep searching and posting the recent favorable orders.
 
Case Status update

Wenlock,Paz and everybody who has been following my case.

As i posted few days ago i got a letter from FBI on March 20th that my name check was finalized on March 9th.

My AUSA filed for 30 days extension on March 20th .This was before i got the letter.On March 22nd i got a E-mail from AUSA that USCIS told him that my Interview would be scheduled within Next 60 days and my case seems to be progressing.
He wanted to ammend the Extension and make it for 60 days.But i refused that and told him that USCIS has been conducting expedited interviews and oaths when the case is in court and i would like to keep pressure on USCIS.

By reading bushmasters post and situation it seems like Namecheck is not the end of it all.

So what should i do if USCIS hasn't scheduled a interview till the deadline for my extension ? ie May 02 ,2007 should i Agree for another Extension by AUSA or Oppose it.What are my options.
 
I have not received attention from Dem congressmen either. John Thune (SD-R) has been indeed overly helpful, his office in my hometown keeps sending emails to USCIS.
I am the squeeky wheel WHO will get the GREASE, not to worry. Once I had dreamt of the day I was naturalized, like a close friend of mine in the military, I was going to talk to journalists how proud I would be... I wish to be interviewed when that day comes, and no they will not hear no patriotic speech, I will talk about all of our sufferings.
I am thinking if there is NO news after the phone call, then I will talk to John Thune. If there is NO PROGRESS by first week of May, I am hiring my attorney.

My plan is to hire an attorney in the Atlanta area

Bushmaster,
at least you had good experience with Republican senators. I hope your case gets resolved very soon, and you don't have to pay for an attorney. If they don't act on your application, which is of a higher priority than ours', what should we expect??? But again there is no logic (and never was) in bureaucratic agenicies, I keep forgetting...:(

Lotechguy gave you a really good advice, if you can follow it.

Good luck to you and stay out of harm's way in Iraq!
 
Hi SLIS,
This is a good one; we must keep searching and posting the recent favorable orders.

SLIS,

thanks for the new and useful case. Riz is right, we should keep posting more of the recent cases. (as soon as I crack PACER, I'll try to post whatever I find...)

Again, the CIS memo itself Admits that Interview=examination. So argument is closed.
 
Wenlock,Paz and everybody who has been following my case.

As i posted few days ago i got a letter from FBI on March 20th that my name check was finalized on March 9th.

My AUSA filed for 30 days extension on March 20th .This was before i got the letter.On March 22nd i got a E-mail from AUSA that USCIS told him that my Interview would be scheduled within Next 60 days and my case seems to be progressing.
He wanted to ammend the Extension and make it for 60 days.But i refused that and told him that USCIS has been conducting expedited interviews and oaths when the case is in court and i would like to keep pressure on USCIS.

By reading bushmasters post and situation it seems like Namecheck is not the end of it all.

So what should i do if USCIS hasn't scheduled a interview till the deadline for my extension ? ie May 02 ,2007 should i Agree for another Extension by AUSA or Oppose it.What are my options.

I think you should agree to extensions. Extensions indicate that you are in some queue to be processed.
 
The end in sight?

My answer is yes, the reason is you have pending WOM, they are some legal issues and has to be reviewed by General Counsel Office (they handle all WOM case including background check "hit". but don't worry, DUI record shouldn't affect your approval. As your WOM is pending in Federal Court and It shouldn't take General Counsel Office long time to make decision. I noticed some other cases were post before and ended up with General Counsel Office Approval, but one case I remembered (1447b) was dennied by USCIS but approved by court later for some bad record. My suggestion to you is contact your AUSA regularily for status update and you should have a answer very soon. Good Luck!

Michael, Paz, and other experts:

Hi Paz and other gurus ,

I received a note form my AUSA today reading:

Dr. W:

I communicated with Mr. K. on March 28, 2007, and he advised that Headquarters has yet to forward the background check. If there had been issues raised from your name check, Headquarters would be required to resolve them before the background check is sent to the field office for adjudication. Mr. K. has been instructed to contact me as soon as there has been an adjudication on your file.

Cordially,
R.R., AUSA

Does this mean that any case with derogatory items (a DUI w/o conviction e.g) will take longer time at the USCIS Headquarters? The name check at the the FBI head quarters was completed and my AUSA informed me on March 12,2007 that the file was on its way to USCIS Headquarters/General counsel for review? Is this another possible long delay or am I over the worst??

Thanks so much for your help!

Best

Dirk
 
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