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

[lazycis]

Hi guys, I'm an asylee and my GC application is stuck in FBI name check since August 2006. I was interviewed together with my brothers, they got their GC on the spot and mine got pending due to FBI Name check. I'm considering to file WOM pro se. I just want to ask several questions.

How long should I wait before I file WOM ? It has been 9 months now, If I file WOM now will it hurt my chances to get it approved? Should I wait for more than a year ?

For those of you who got their WOM approved, do you get your GC backdated to the day you should have received them? (the day GC should have been approved if not because of FBI name check delay) Is it reasonable to mention in my WOM to get my GC backdated the same day as my brother's? If it's possible, what is the wording to get the GC backdated?

Obviously, I just want to get my FBI name check clear and get my GC asap but if I can get my GC backdated to the same date as my brother's, I'll be very happy to spend less time to apply for citizenship especially because the delay is a result of FBI incompetence and not my fault.

There is no definite waiting period. But the delay should be unreasonable in order to file WoM. It will be hard to prove that 9 months delay is unreasonable (although not impossible). You also have to show that you tried to resolve the issue without the court intervention, i.e contacted congressman, senator, etc. So if you have not done it yet, you can start writing letter to senators, fbi, etc.
I do not think you can get your GC backdated, it would be against the law.

 

[RYCeT]

Hi lazycis, thank's for the quick reply. I lived in Philadelphia. To whom should I send a letter to help me in this case? I supposed I should write to FBI, PA senator, PA congressman. What should I write about? A draft will be very helpful. Thank's in advance

 

[gmlvsk]

Thanks,
This is pdf version of Song case

It looks like Pennylvania is a great place to be at this time. There have been a couple of very favorable rulings from the district courts there:

--Duan v. Zamberry, 2007 U.S. Dist. LEXIS 12697 (Feb. 23, 2007)
--Song v. Klapakas, 2007 U.S. Dist. LEXIS 27203 (April 12, 2007)

What is significant about the Song case is that the plaintiffs did not even file an opposition to the MTD from the defendants. The judge could have chosen to grant the MTD; instead, he went ahead and ruled in favor of the plaintiffs and ordered USCIS to adjudicate their AOS applications within 30 days.

I wish we were all in Pennsylvania at this time.

 

[lazycis]

Hi lazycis, thank's for the quick reply. I lived in Philadelphia. To whom should I send a letter to help me in this case? I supposed I should write to FBI, PA senator, PA congressman. What should I write about? A draft will be very helpful. Thank's in advance

Hey RYCeT,

Check this thread for a sample letter:
http://www.immigrationportal.com/showthread.php?t=247542

You can also write to CIS Ombudsman, Laura Bush, the more the better

 

[shvili]

1447+WOM filed today, will serve defendants by mail by Friday

Update on my husband's case: we filed today, but will have to send to serve tomorrow or Friday, as we need to stamp summonses. My husband was assigned immediately to a Magistrate judge, Patricia Trumbull. To Northern CA (San Jose) members, did any one have her?Also we got assigned to the ADR program, which means I have to make copies of the Dispute Resolution Procedures handbook, copy and serve it on all 5 defendants . Does anyone have to deal with an ADR program?

So wish us good luck!

history:
N-400 filed 10/2003
interview May 2004
nc pending since 10/03
filed 1447(b)+WOM on May 2/07 in San Jose, CA District Court
initial CMC scheduled for 8/07

 

[swimfitness]

Finally the Good News

On December 6th, I summoned my courage and filed a civil lawsuit (WOM) against USCIS and FBI. Since then, my I-485 petition was re-opened. The lawsuit has indeed produced its effect. FBI processed and completed by security checks in late March.

Today I received a Notice of Approval from USCIS stipulating that my Adjustment of Status Application has been approved and that I have been granted “Permanent Residency” status.

I’m filled with gratitude and joy. This experience, as difficult as it has been, has taught me the values of patience, presence, dealing with anger in constructive ways, and resolving my issues around entitlement and control.

There are key steps to observe in order to obtain results:

1- Do your home-work – read this forum from page one
2- Personalize your case and make it compelling and appealing, yet grounded in the text of law
3- Follow-through and do not get complacent
4- Develop an amicable relationship with your AUSA; s/he plays a huge role as to how soon your case is resolved, if at all
5- Work on your issues of entitlement and control: immigration benefits are a privilege, not a right
6- Remember, this is the only country in the world where as an alien you can file a lawsuit to obtain immigration benefits
7- Maintain a positive attitude and remember that you attract into your situation those beliefs that you focus on

Thank you to all active members of this forum, especially to the founder "Publicus" and Principal member "Paz". It is the support I received through this forum that enabled me to drudge the road to this happy ending.

Best of Luck to all!

Namaste!

 

[gmlvsk]

your opinion?

What do you guys/gals think?
Filed WOM beginning of December 2006,
they: MTD February 2007,
me: Opposition to MTD February 2007
they:Reply to Opposition March 2007
The only order from judge is to issue summons in December.
I see other people get pretrial conference or hearing or something from judge.
What in your opinion is my judge thinking by keeping silent? Is silence from judge for 4 months good or bad?
Thanks

 

[snorlax]

lotechguy, lazycis,

Thank you for your support!

I wouldn't say I am fighting against "a monster", rather it is "a machine". As long as we know how the machine works, it is relatively straightforward to manipulate the machine and make it produce the results we need, if it is at all capable of doing that. And this is where the forum is invaluable, in understanding the machine and collectively finding the ways to deal with it.

Thank you all very much. Now I feel much better about what I am to do to prepare for the CMC.

As a part of CMC I would come up with a discovery schedule for USCIS and FBI to provide all the documents regarding your case they have and to show the Judge what exactly were the steps taken and the pieces of information that caused your name check to stick. Usually AUSAs hate this as USCIS and FBI never produce any of their internal information. Again, it looks like AUSAs try to push agencies harder just to avoid the discovery phase.

Best of luck!
snorlax

 

[SLIS]

Update on my husband's case: we filed today, but will have to send to serve tomorrow or Friday, as we need to stamp summonses. My husband was assigned immediately to a Magistrate judge, Patricia Trumbull. To Northern CA (San Jose) members, did any one have her?Also we got assigned to the ADR program, which means I have to make copies of the Dispute Resolution Procedures handbook, copy and serve it on all 5 defendants . Does anyone have to deal with an ADR program?

So wish us good luck!

history:
N-400 filed 10/2003
interview May 2004
nc pending since 10/03
filed 1447(b)+WOM on May 2/07 in San Jose, CA District Court
initial CMC scheduled for 8/07

I'm not from CA, so can't say how it works there. In my district, ADR program is the first thing the court orders. Then, it's up to the plaintiffs and the defendants to work out if they would go that route or not. In my case, the AUSA simply said that it would not apply.

I think if the defendants would go along with the ADR program, you have a chance to resolve the case fairly quickly. So, good luck on that!

 

[SLIS]

What's the date when the motion is noted for consideration?

What do you guys/gals think?
Filed WOM beginning of December 2006,
they: MTD February 2007,
me: Opposition to MTD February 2007
they:Reply to Opposition March 2007
The only order from judge is to issue summons in December.
I see other people get pretrial conference or hearing or something from judge.
What in your opinion is my judge thinking by keeping silent? Is silence from judge for 4 months good or bad?
Thanks

Each motion has a date when it's noted for consideration. It's chosen by the moving party based on the court calendar. In your case, do you know when is the motion noted for consideration? It should be written on the MTD. Remember that the court moves in snail speed... All motions are normally decided within 30 days following the noting date. If you don't hear anything outside the 30 days, you should call the assigned judge's in-court deputy clerk to check when a determination will be made.

It looks like it's outside 30 days already in your case. You should probably check with the deputy clerk.....

 

[HEVIAR]

Hi there everyone
I read all your postings and would like to get some help. My USCIS disctrict office is Arlington VA. I filed my N400 back in 4/2004, did fingure print 2/2005 and did my interview on7/14/2005. I passed but the IO toldmemy case is pending name check. Isentletters to my congressman, to both senators and no results. I am getting frustruted and donot knowwhere togonext. I see your timeline and it shows that is paid off. Could you please answer my following questions:
1- do i need to get a lawyer or can I file suit myself?
2- if I can file, then where to go? how to get those forms needed? specificaly 1447b and how you cando Pro se?
3- is there a chance you can provide the links if there is any tha I can use to file?
Thanks in advance

 

[shvili]

I'm not from CA, so can't say how it works there. In my district, ADR program is the first thing the court orders. Then, it's up to the plaintiffs and the defendants to work out if they would go that route or not. In my case, the AUSA simply said that it would not apply.

I think if the defendants would go along with the ADR program, you have a chance to resolve the case fairly quickly. So, good luck on that!

SLIS,

Thank you for the reply. So you say ADR isn't bad if AUSA agrees to it. We'll see. Right now, I also found that we MUST file electronically from now on, so we must register on ECF web site, Pacer and even send our original complaint to ECF within ten days. So much work all of a sudden! (I wish they'd also allow to serve defendants by ECF- at least that'd save time and effort. But no such luck )

 

[parsfalcon]

does anyone know a good lawyer in Orange County and maybe Irvine? I have filed my lawsuit with Central District of CA and can't find a lawyer who does work on N-400 lawsuits. Any referal for some lawyer with good history and won cases appreciated.

 

[lotechguy]

SLIS,

Thank you for the reply. So you say ADR isn't bad if AUSA agrees to it. We'll see. Right now, I also found that we MUST file electronically from now on, so we must register on ECF web site, Pacer and even send our original complaint to ECF within ten days. So much work all of a sudden! (I wish they'd also allow to serve defendants by ECF- at least that'd save time and effort. But no such luck )

shvili, are your sure about this ? In most districts only attorneys can file electronically and pro-se use paper

 

[lazycis]

What do you guys/gals think?
Filed WOM beginning of December 2006,
they: MTD February 2007,
me: Opposition to MTD February 2007
they:Reply to Opposition March 2007
The only order from judge is to issue summons in December.
I see other people get pretrial conference or hearing or something from judge.
What in your opinion is my judge thinking by keeping silent? Is silence from judge for 4 months good or bad?
Thanks

Check history of your docket in pacer. You should see wheather MTD has been forwarded to judge's chambers or not. Usually a judge makes a ruling within a week after motion has been forwarded to him/her.

 

[lazycis]

SLIS,

Thank you for the reply. So you say ADR isn't bad if AUSA agrees to it. We'll see. Right now, I also found that we MUST file electronically from now on, so we must register on ECF web site, Pacer and even send our original complaint to ECF within ten days. So much work all of a sudden! (I wish they'd also allow to serve defendants by ECF- at least that'd save time and effort. But no such luck )

shvili,
Do not be mad, if they let you file via ECF, it may be good for you. They do not let pro se to use ECF in my district.
I believe you should be able to serve via ECF to AUSA, not sure if it applies to original complaint though. And if anything, it should save your time - no need to go to court and produce multiple copies of motions/briefs.

 

[SLIS]

SLIS,

Thank you for the reply. So you say ADR isn't bad if AUSA agrees to it. We'll see. Right now, I also found that we MUST file electronically from now on, so we must register on ECF web site, Pacer and even send our original complaint to ECF within ten days. So much work all of a sudden! (I wish they'd also allow to serve defendants by ECF- at least that'd save time and effort. But no such luck )

ADR is a program put in place for speedy out-of-court mediation and settlement. So, it's hinged upon the willingness of both sides of the lawsuit to engage in mediation and to achieve settlement. In these cases where pending name check is the issue, unless defendants agree to expedite the name check, there won't be a settlement. ADR would be meaningless. Everybody will end up back in court. That's why I thought that if they did agree to this route, they would be prepared to offer to settle the case by expediting your husband's name check. And if they're not prepared to offer to expedite the name check, they'll probably deline ADR and move to dismiss the case in court. So, it would be interesting to know what happens now....

 

[DUDE12190]

On December 6th, I summoned my courage and filed a civil lawsuit (WOM) against USCIS and FBI. Since then, my I-485 petition was re-opened. The lawsuit has indeed produced its effect. FBI processed and completed by security checks in late March.

Today I received a Notice of Approval from USCIS stipulating that my Adjustment of Status Application has been approved and that I have been granted “Permanent Residency” status.

I’m filled with gratitude and joy. This experience, as difficult as it has been, has taught me the values of patience, presence, dealing with anger in constructive ways, and resolving my issues around entitlement and control.

There are key steps to observe in order to obtain results:

1- Do your home-work – read this forum from page one
2- Personalize your case and make it compelling and appealing, yet grounded in the text of law
3- Follow-through and do not get complacent
4- Develop an amicable relationship with your AUSA; s/he plays a huge role as to how soon your case is resolved, if at all
5- Work on your issues of entitlement and control: immigration benefits are a privilege, not a right
6- Remember, this is the only country in the world where as an alien you can file a lawsuit to obtain immigration benefits
7- Maintain a positive attitude and remember that you attract into your situation those beliefs that you focus on

Thank you to all active members of this forum, especially to the founder "Publicus" and Principal member "Paz". It is the support I received through this forum that enabled me to drudge the road to this happy ending.

Best of Luck to all!

Namaste!

congratulations, Now enjoy your victory!! Good luck!!

 

[DUDE12190]

Hi there everyone
I read all your postings and would like to get some help. My USCIS disctrict office is Arlington VA. I filed my N400 back in 4/2004, did fingure print 2/2005 and did my interview on7/14/2005. I passed but the IO toldmemy case is pending name check. Isentletters to my congressman, to both senators and no results. I am getting frustruted and donot knowwhere togonext. I see your timeline and it shows that is paid off. Could you please answer my following questions:
1- do i need to get a lawyer or can I file suit myself?
2- if I can file, then where to go? how to get those forms needed? specificaly 1447b and how you cando Pro se?
3- is there a chance you can provide the links if there is any tha I can use to file?
Thanks in advance

Welcome to this forum. 1)You can file by yourself, Pro se or through a lawyer, but if u decide to file by yourself, please read this forum and do your home work before you file.

2) Find out which districrt your are in and call your court's Pro Se office. Tell them that u live in such and such area and ask them if this area is within the jursidication of the court. If they say yes, then, tell them your situation and ask them if they could mail you the pro se guide


3) Join the Pacer. It is very important to join the Pacer even if you are filing through an attorney. Go to http://pacer.psc.uscourts.gov/


4) After you get your login id and password from the Pacers, go to this site
http://dockets.justia.com/. it is very easir to find 1447b cases using this site. This site is linked with pacer. Follow the folllwing instructions to open the 1447b(Petition for Natuarlization hearing) or Wom(writ of Mandamus) cases on this site http://dockets.justia.com/

1)Choose your court or any other court desired

2) From the Menu; Case Filed in: choose the option "Other statuary Actions". Remember to do this, otehrwise, it will be hard to find cases if you just choose "All Lawsuits Filed"

3)Then you can choose the dates according to your wish. Then Click, Search.

And, now, u will be able to see all of the 1447b cases. open the Docket report. Read the complaints. And started to make notes from the complaints that u like and that look professioanl. Make sure u save the complaints in your computer or in the disk because if u go back and open them again in the Pacers, they will charge u again, so do not make the mistake of not saving complaints in your complaints. Even though u are filing 1447b, do not forget to put all the administrtaive remesdies that u have exahusted in your complaint(Congreman, senators etc). Also, tell the judge why the delay is causing you hardship. Attach all the evidences you have as an exhibits. After this, you can follow the first page of this forum by PUBLICUS as how to serve the defendents. Also, follow your local court rules. Good luck!! Read this article.

 

[Mingjing]

Once defendants file answer instead of a MTD, can they still file MTD after answer? I thought no.

If they can indeed, does the court procedure give defendants a deadline by which a MTD have to be filed if defendants intend to?

shvili,

Curiously, they haven't filed MTD yet. It's only in their answer to my complaint they deny my allegations. I guess, once I refuse their offer to resolve the case outside the court, they will file MTD.
Thanks.