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

FBI Name Check Delay - Recourse

My N-400 is pending waiting FBI Name Check, and it has been about 8 months. I heard that WOM does not work anymore. Is there any recourse available at all to expedite the Name Check process?
 
relyonself said:
Dear All:

Yesterday, I got answer from US attorney saying that he wants to dismiss my case, of course, I will try my best to make it not happen. Two questions:

1, should I response this answer? I remember we do not need response this answer.
2, If no, what is next step I should do.

It seems that this weekend I have to study the rule to get more information, hopefully somebody with same experience could share some information.

thanks in advance.
Click to expand...

1. If it's just an answer (not motion to dismiss), you cannot reply to it unless court orders you to reply.
2. Study the answer and prepare a motion for summary judgment if you want quick resolution. Another option is to prepare for discovery phase. And another one - consider hiring attorney at this stage.
 
ddwalker said:
Hi Paz,
When you say "send a copy everything to the US Attorney's office", do you mean the local US Attorney's office, or the one in DC?
Thanks!
Click to expand...

As lazycis said, I was referring to the local US Attorney's Office. The other one in DC is called US Attorney General.
 
Saarlaender said:
Hello Paz and other forum members,

"my" very active AUSA wrote me today the following email:

Dear Dr. W:

I have been informed that your file was forwarded from Washington and has now been received by the Jacksonville Field Office. All that remains is that your application be adjudicated.

To that end, I would not oppose your proposal that we file a motion dismissing your complaint with prejudice and remanding this matter to USCIS for adjudication, but within 60 as opposed to 30 days. Please note that there are many applicants whose applications were filed earlier in time than yours and are being adjudicated accordingly. More over once there has been an adjudication, the oath ceremony needs to be scheduled, assuming your adjudcation is favorable. The Agency has indicated that this all could safely take 60 days. On the otherhand, 30 days would not suffice and would limit the Agency's ability to perform its statutory duties and responsibilities.

If you concur, I will prepare the pleading and file it upon your review and approval.

Cordially,
RR, AUSA

I am going to leave the country from May till August 07 due to mandatory military service for my home country.
1. I wrote my AUSA and suggested as the deadline of April 14 was approaching about remanding the case to the USCIS. Now if this is done, as he proposes, with prejudice what are the steps I need to follow to regain the fees. My only concern is that if it is remanded back to the USCIS I don't have an AuSA who can exert influence. Is that a realistic concern?
2. As for my absence, is there anyway to figure out at an earlier point which way whether the adjudication is going favorably and to ensure that the USCIS does not come up with the great idea of scheduling an oath ceremony for me during the absence. I know, for the last, a letter is probably enough but I want to be sure.

Thanks so much!

Best

D.
Click to expand...



Hi Paz,

I also talked to two lawyer friends who are not immigration experts. They told me to keep the case in the judicial system as long as possible.
So from what I gather my best option is
a. to ask for another 60 day continuance to provide the USCIS with the option to adjudicate, and if the AUSA is not agreeable,
b. to propose to have the case dismissed without prejudice and have the USCIS ordered to adjudicate it within 60 days.

Thnaks so much for a quick reply.

Best

D.
 
Saarlaender said:
Hi Paz,

I also talked to two lawyer friends who are not immigration experts. They told me to keep the case in the judicial system as long as possible.
So from what I gather my best option is
a. to ask for another 60 day continuance to provide the USCIS with the option to adjudicate, and if the AUSA is not agreeable,
b. to propose to have the case dismissed without prejudice and have the USCIS ordered to adjudicate it within 60 days.

Thnaks so much for a quick reply.

Best

D.
Click to expand...

Sounds good to me. You can tell in private to AUSA that you are willing to dismiss the lawsuit during the extension period as soon as USCIS adjudicated your application and provided you an oath letter. The only obvious reason why a. would not work is the exclusive.vs.concurrent jurisdiction issue (US v. Hovsepian) but if you are not in the 9th Circuit Court jurisdiction, this doesn't necessary applies to you. In other circuits USCIS usually adjudicates cases even when they are pending in court.
 
Surprise, evidently this is not the 9th circuit

paz1960 said:
Sounds good to me. You can tell in private to AUSA that you are willing to dismiss the lawsuit during the extension period as soon as USCIS adjudicated your application and provided you an oath letter. The only obvious reason why a. would not work is the exclusive.vs.concurrent jurisdiction issue (US v. Hovsepian) but if you are not in the 9th Circuit Court jurisdiction, this doesn't necessary applies to you. In other circuits USCIS usually adjudicates cases even when they are pending in court.
Click to expand...


Hi Paz,

this is hilarious. While I was waiting for your answer an email from the AUSA popped up in my mail box.

"Dr. W:

Please note that I will be out of the office April 13-17, 2007. In that regard, if we will be filing an agreed motion for remand, it must be done today. Otherwise, I need to have the case continued for another 60 days, the time frame it will take to complete your adjudication and ceremony, if the adjudication is favorable. I would appreciate a response.

Cordially,
RR. AUSA"

Of course, I agreed to the continuance.

Best

D.
 
mmz said:
Hi, Everyone,
I filed WOM on 2/28/07 in southern district of new york. The Pro Se office told me I have to wait for the green card(return receipt) to file proof of service.

I have waited for about a month now but still haven't got the one from USCIS. I got the other 5 out of 6. so I am wondering

(1)Normally how long does it take to get the return receipt from USCIS?

(2)Anybody also from S.D.N.Y, do I REALLY have to wait for the return receipt? Can I file with the confirmation of delivery from the post office website?

Thanks a lot!
mmz
Click to expand...

Hi,I did not get two of the green cards, but I went to the post office, show them my original green recipts and they printed a delivery confirmation. This is very different from the one you get from USPS Website. It is more detalied. Pro Se Office accepted it. Hope it will work for you. Best of luck!! regards, dude
 
Question

I need little guidance about citing new unpublish cases in my opposition.

When you cite some new case do you cite law suit filed date with citation or date of Judgement order day.

Like

Anjum v. Hansen No. 06-cv-00319 (S.D OH May 1st 2006) (Law Suit file date)

Anjum v. Hansen No. 06-cv-00319 (S.D OH March 28th 2007) (Order Date)

I just want to confirm what is the proper way.
 
Any successful pro se in VA

Dear All
I am thinking of filling 1447b. I have a question.

1) How many days should I give on summons.30 or 60
2) Where can I get a sample copy of 1447b petition
thanks
 
the orders of my cited cases

united2007 said:
Most of the cases I used were posted on this forum. Here are some of the most recent ones. Reading these cases are very helpful for me to prepare my Opp.

Aboushaban v. Mueller, 2006 WL 3041086, (N.D. Cal. 2006)
Singh v. Still No. C-06-2458-EMC (N.D. Cal. 2006)
Elkhatib v. Bulter, No. 04-22407, (S. D. Fla. June 2005)
Lazli v. USCIS, No 05-CV-1680-BR, 2007 WL 496351(D. Or. Feb. 12,2007)
Razaq v. Poulos, No. 06-2461-WDB, (N.D. Cal 2006)
Haidari v. Frazier, Civil No. 06-3215 (DWF/AJB) (D. Minn. December 2006)
Wang v. Chertoff, Case Number H-06-3477, (S.D. Tex. Jan 2007)
Click to expand...

Five of them are here, the other two will follow
 
two more

united2007 said:
Most of the cases I used were posted on this forum. Here are some of the most recent ones. Reading these cases are very helpful for me to prepare my Opp.

Aboushaban v. Mueller, 2006 WL 3041086, (N.D. Cal. 2006)
Singh v. Still No. C-06-2458-EMC (N.D. Cal. 2006)
Elkhatib v. Bulter, No. 04-22407, (S. D. Fla. June 2005)
Lazli v. USCIS, No 05-CV-1680-BR, 2007 WL 496351(D. Or. Feb. 12,2007)
Razaq v. Poulos, No. 06-2461-WDB, (N.D. Cal 2006)
Haidari v. Frazier, Civil No. 06-3215 (DWF/AJB) (D. Minn. December 2006)
Wang v. Chertoff, Case Number H-06-3477, (S.D. Tex. Jan 2007)
Click to expand...

here are the remaining two
 
FOURYEARS said:
Dear All
I am thinking of filling 1447b. I have a question.

1) How many days should I give on summons.30 or 60
2) Where can I get a sample copy of 1447b petition
thanks
Click to expand...

1.60 days
2. Log on to pacer, register and you will see all cases in your district,
Search by party name = chertoff, type=890
 
always.wired said:
My N-400 is pending waiting FBI Name Check, and it has been about 8 months. I heard that WOM does not work anymore. Is there any recourse available at all to expedite the Name Check process?
Click to expand...

Hello always.wired, welcome to this forum.
The information you heard is not true, at least not in this categoric form. People used to think that they simply copy&paste a complaint and pay $350 filing fee + mailing expenses and their cases will be solved automatically, without any further pain. It used to be so in a majority of the cases, because filing a lawsuit was enough to trigger an expedite request from USCIS to FBI to complete the name check. Because the increasing number of such lawsuits, USCIS changed their policy on Dec. 22, 2006 (the date of their internal memo) and they no longer are asking automatically an expedited processing of your name check when you file a lawsuit against them. It is more likely that the lawsuit will proceed further; probably you will need to be able to oppose a motion to dismiss lack of jurisdiction, you will need to be able to file a counter motion for summary judgement or handle different other steps normal in a lawsuit (case management conference, discovery plan, go to a hearing, explain you case coherently to a judge, etc.). So unless you are willing to dedicate a lot of time and effort to educate yourself in these types of legal issues, I would strongly recommend to seek a professional immigration lawyer because sueing the government should not be taken lightly. Doing this unprepared you jeopardize not only your own case but you can create dangerous precedence (like Danilov v. Aguirre) which will be used against many fellow sufferers who decide to file a similar lawsuit later.

However, there are plenty of examples when the courts ordered the Government to complete the name check and adjudication in a certain finite timeframe, so if you are stuck in the name check a lawsuit is probably still the only way to get your case solved.

Depending on you had your interview or not you may have different options for the lawsuit.
 
Last edited by a moderator:
wenlock said:
I need little guidance about citing new unpublish cases in my opposition.

When you cite some new case do you cite law suit filed date with citation or date of Judgement order day.

Like

Anjum v. Hansen No. 06-cv-00319 (S.D OH May 1st 2006) (Law Suit file date)

Anjum v. Hansen No. 06-cv-00319 (S.D OH March 28th 2007) (Order Date)

I just want to confirm what is the proper way.
Click to expand...

You cite the date of the order. The order is all what counts, all the previous papers are irrelevant in using the case as a citation. And it is logical; you are using these cases as a precedence, as a comparable authority. Only the judge's order is an authority.
 
wenlock said:
I need little guidance about citing new unpublish cases in my opposition.

When you cite some new case do you cite law suit filed date with citation or date of Judgement order day.

Like

Anjum v. Hansen No. 06-cv-00319 (S.D OH May 1st 2006) (Law Suit file date)

Anjum v. Hansen No. 06-cv-00319 (S.D OH March 28th 2007) (Order Date)

I just want to confirm what is the proper way.
Click to expand...
You cite the order day and the document # listed in pacer such as
XXXX v. Chertoff, Case No. XXXXXXX, S.D OH Document XX, filed Mar. XX, 2007, at 2

BTW, I am not a lawyer
 
Congratulations snorlax, good job. All the hard work and struggles paid off with this victory.
Best wishes to all of us.



snorlax said:
AUSA called this morning – she said that my name check has been cleared and USCIS is ready to adjudicate in 3 weeks. She wanted me to sign joint stipulation to dismiss. I politely declined – said I would like to get that in writing from USCIS and better yet – the Oath letter. She said that I have to dismiss the case first as USCIS currently does not have jurisdiction over my case and therefore can not adjudicate it, but if naturalization is granted they would schedule the Oath in a week. I agreed to look at the draft of the stipulation she promised to e-mail me in a few days.

Sounds a little fishy. Lack of jurisdiction is a cornerstone of most MTDs these days, and AUSA herself says that USCIS can not adjudicate the case until the lawsuit is dismissed?

Best of luck,
snorlax
Click to expand...
 
Be optimistic, you will prevail

Hello beibei_sd2004,
Do not be depress and feel weak, give AUSA a best fight. You do your job and rest is up to God. File a best counter motion that you can, use paz’s as start up, add new cases and add / remove items. But tell the forum some more about your case, is it citizenship based 1447b or WoM or both, etc. If you are saying all the cases remanded back to USCIS, it is true. Court does not approve citizenship/ GC with out name check clear. It is certain that the case will be remanded to the USCIS but we want it to be remand with proper instruction. Purpose of our law suit is to make USCIS to move.
1. After your counter motion, usually AUSA will file a brief on your counter motion. At this stage if judge feels (in most of the cases) that no verbal arguments necessary, judge will rule on the case. You are not allowed to file any thing other than counter motion, except judge gives you permission.
2. Different district are different but case won’t just go to trial with out pretrial, discovery, etc. AUSA could propose any date for trail. However, I am sure that the judge will rule on your case after all filings.

Good luck, be optimistic, you will prevail.



beibei_sd2004 said:
Hi Paz and other friends here,

Just got MTD today. We plan to file Opposition to MTD at this weekend and will refer to the draft Paz posted before. Almost every case in this district for the last couple of weeks were remanded to USCIS. Not very optimistic about the results from Opposition to MTD. But definitely we will continue our efforts to fight.

Questions:
1 Any suggestions for the possible results from Opposition to MTD? What are the steps after opposition to MTD and what shall we do?

2 AUSA has asked the Court to schedule a hearing in June. What should we do for this hearing?

Any inputs are highly appreciated.

Thanks a lot

Beibei_sd2004
Click to expand...
 
You must log in or register to reply here.
Top