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

Eastbayer said:
It usually takes two days to show up in the system and gets updated in the evening (my experience). If you sent it out last weekend, you may want to check again tomorrow. You can also go to the post office and ask them to check for you first. In my opinion, as long as the US Att. and local USCIS got your summon, you'd be fine. FBI never answers case status inquiries. Will it open the mail at all? Why waste the postage again?

If you are going to the court, ask them if you can file the certified mail receipts instead, as the proof. I remember Mohamedmohamed suggested similarly. Also check your local rules.

Well, it's been more than 2 weeks, all other mailings were delivered. I'll check with the clerk tomorrow - depends how anal the judge is about the procedure.
 
congrat for all the winners members

Hi guys ,
first of all i would like to congrat all the members who won their cases against USCIS and thanks for updating us with their cases and i hope very the rest of us will win our too .
second here is a new update about my case i sent a letter back in March 23,2006 to President Bush asking for his help to expdiet my name check and on May 2,2006 i got the respond from the White House that they forward my letter to DHS and i will hear from them and today i got a letter from the Customer Assistance Office at the DHS saying that ( we regret the length of time it has taken to process your N-400 application the processing of your case has been delayed and your case it's not ready for a decision yet and if you didn't hear from us withing 6 months of this letter call us ) basied on my Seantor letter to me about 2 months ago when he checked on name check stauts with FBI and they respond to him with an email which is he sent me a copy for the FBI got the request for name check from USCIS back on 12/01/2004 and they still working on it . so i guess now i have another document to show the judge if we go to trail that i did every thing in my hand to solve the problem peacefully but i couldn't .
just one more thing to any one who still thinking about should i file a lawsuite or not ? i would say go for it because this the only thing i guess will force USCIS to do their job . good luck to all of us .

N-400 field : 11/15/2004
FP : 04/28/2005
Interview :09/13/2005
name check still pending
1447(b) field :04/27/2006
served :04/28/2006
due date : 07/02/2006
 
Guys:

Please visit this thread. We have begun efforts to get organized about this FBI name check issue and create a petition with signatures to send to FBI, USCIS, Senators, President, etc.

Please put your name if you are affected and pledge support. Your help is NECESSARY. Without it we cant show that a lot of people are trapped in the name check black hole.

http://immigrationvoice.org/forum/showthread.php?t=898
 
The 60 days!!!!

Does the 60 days start from the time the USA attorney sign the receipt or from the time the last defendant sign his receipt. Thanks for help.
 
verywang said:
The clerk gave me a web site: www.pacer.uscourts.gov. She said she is not pushing it but if I do not want to make a trip every time I go to court I could register on this web and knows what is going on electronically. I am still studying about this, anyone who is knowledgable please step up, show and tell.

Wang,
PACER web is a great site and expensive too. You can access any federal case filed nation wide.
You can also check your own case any time and see if there is anything added to it.

Yesterday I got the DA response a few minutes after he submitted it.

You will need to register with a valid credit (or debt) card. Just be carefull and aware that every page you view would cost you 8 cents even if it is a blank search page. When you do any search, be as specific as you can be to minimize the cost.

You can access it within minutes of your regirtration.
https://pacer.login.uscourts.gov/cgi-bin/login.pl?court_id=00idx
 
60 start cunt down.

FedoraCore said:
Does the 60 days start from the time the USA attorney sign the receipt or from the time the last defendant sign his receipt. Thanks for help.

Technically each defendant has his/her own due date.
The 60 days will start from the day defendant receives the summon which is the date of the returned post office green card.

However, since the DA is going to represent all defendants anyway, I would go by the first due date. That is when you should get a formal response assuming the case is not closed before the due date (which happened in some cases)
 
Post office forgot to scan it

Mikey70 said:
Well, what's strange is that the tracking number on the receipt returns no records found on usps.gov website. Certified mail being lost? I'll ask the Court Clerk tomorrow for new summons to send one more to FBI just in case.

I had same problem. The destination post office will scan it when they deliver the letter then you will be able to see the record from their website.
 
Amendments to 1447b lawsuit language

Hi,
With the past experience when should we expect the changes to 1447b to be implemented. It seems Senate may pass S.2611 before end of this month.
 
US Attny tells me that my FBI name check has been cleared last Friday and that we need to dismiss to allow USCIS to adjudicate; I go to the USCIS office today to check, and they tell me it is still pending. I don’t know which way is up anymore. Any word of advice? –Yousif
 
Mr LA said:
see i ask them, and he said NO filin fee for 1447b, so i had to take my money order back to the post office. you may call them and ask.

I thank you for yur help

Mr LA,

Can you please do us all a HUGE favor? :) Please call your clerk again and ask WHY there is no fee. I am convinced that since we are all filing in FEDERAL courts, the same rules should apply to all of them.

Please let us know, thanks very much in advance!

lt1GM and all other filers
 
yousif said:
US Attny tells me that my FBI name check has been cleared last Friday and that we need to dismiss to allow USCIS to adjudicate; I go to the USCIS office today to check, and they tell me it is still pending. I don’t know which way is up anymore. Any word of advice? –Yousif
just make sure you have som in writing, but usually they are at their words, like suzy use to say all the time
 
yousif said:
US Attny tells me that my FBI name check has been cleared last Friday and that we need to dismiss to allow USCIS to adjudicate; I go to the USCIS office today to check, and they tell me it is still pending. I don’t know which way is up anymore. Any word of advice? –Yousif
I believe that you should call the us attorney that you were working with and make sure that he includes wording saying that USCIS has agreed to adjudicate within so many days.... keep us updated. then it's only tuesday, he might have checked with the fbi directly and USCIS didn't update their records yet, i know that here in seattle DO, USCIS only checks every two weeks.
you might want to ask the US attorney how he found out about it.
 
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lt1GM said:
Mr LA,

Can you please do us all a HUGE favor? :) Please call your clerk again and ask WHY there is no fee. I am convinced that since we are all filing in FEDERAL courts, the same rules should apply to all of them.

Please let us know, thanks very much in advance!

lt1GM and all other filers

I will do that, BUT did u file under 1447b, and who did u sue ?

thanks
 
How and Where??

Kabi24 or yousif?????, please help me where did you filed and what you have filed? I need to file Writ of Madamus in virginia. Anyone out there could help me out? I have to do it soon, actually i should hav done it long time back.

Which court I have to contact? what to write in writ of madamus and where to file?
 
TheRock20148 said:
Kabi24 or yousif?????, please help me where did you filed and what you have filed? I need to file Writ of Madamus in virginia. Anyone out there could help me out? I have to do it soon, actually i should hav done it long time back.

Which court I have to contact? what to write in writ of madamus and where to file?
Hello,
i actually filed a 1447(b), as far as i know, for a WOM you need to proof to the court that you have exhausted all the possibilties trying to get to the bottom of your case. ie records of calls, letters or any other things of that nature with the FBI; USCIS; your local representatives etc, in any combination.
you should turn in your civil case to the local US court district. just do a search on google to find which court has jurisdiction over your place of residence.
Normally you should have a civil cover sheet (from your court's website), and you also should submit your typed civil case(look for a template on microsoft word), and finally you include all the exhibits i talked about earlier (letters etc).
If you go to the begining of the thread you shall find a huge amount of info, also i think i saw a pdf file as an exemple.
i am at work right now, i am online off and on, if you still need help just post again i'll check it out for you when iget back home tonight.(west coast).
good luck
 
Just called this number

mohamedmohamed said:
i just called this number and some guy said that i should called
304-625-5590
and ask for customer retlation

I just called this number (FBI customer service), trying to find out the status of my FP last week. Was told they are NOT supposed to release information to me; and was advised to contact USCIS directly. The lady did say FP results go back to USCIS the same day as they are taken.

To guys/gals out there: What was your experience?
 
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Eastbayer said:
I just called this number (FBI customer service), trying to find out the status of my FP last week. Was told they are NOT supposed to release information to me; and was advised to contact USCIS directly. The lady did say FP results go back to USCIS the same day as they are taken.

To guys/gals out there: What was your experience?

few months ago I called 304 625 5590 I gave her my A# and she told me that my FP were send back to USCIS after 12 minutes from when they were received. Try again and talk to a different person I am sure they will give you the info.
 
santosh_30 said:
Guys:

Please visit this thread. We have begun efforts to get organized about this FBI name check issue and create a petition with signatures to send to FBI, USCIS, Senators, President, etc.

Please put your name if you are affected and pledge support. Your help is NECESSARY. Without it we cant show that a lot of people are trapped in the name check black hole.

http://immigrationvoice.org/forum/showthread.php?t=898

that is a great effort, unless something is done this is going to be an ongoing issue for all poor "legal" immigrants
 
boston_case said:
Hi,
With the past experience when should we expect the changes to 1447b to be implemented. It seems Senate may pass S.2611 before end of this month.

I called my congressman office yesterday to ask when the house-senate committe will debate this bill, they said it will be a while because of the major difference in both bills. they could not tell me whether it will be before or after summer recess. I think you should call your congressman and ask the same question and tell us what they said.
I heared radio commentators say that it will not happen before next fall and some people say that we may not have an immigration bill at all this year because of the diffrences.
Having no bill will be the best outcome for us, every one is concerned about the rights of illegal immigrants but no one cares or talk about law-obiding legal immigrants and their suffering, if any thing they want to take away from measures that we can fight USCIS incompetence.
 
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