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

aryin said:
Dear Lazycis,

Do you find the MTD of I-485 case denied in Southern District Court of New York? If you find them, could you post it for me?

Thank you very much!
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Jefrey v. INS, 710 F. Supp. 486 (S.D.N.Y. 1989)) is another good case for you.

See also American Academy of Religion v. Chertoff, 463 F. Supp. 2d 400 (S.D.N.Y. 2006). The court found jurisdiction to compel adjudication of plaintiff's nonimmigrant visa application and ordered the agency to issue a decision on the application within 90 days. The application had been pending for approximately four months when plaintiff filed this action. It's not I-485, but it deals with the same issues.
 
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I want to move to CA!

These days, the West Coast looks like a better place to file a mandamus.
QUAN v CHERTOFF is I-485 case from Northern CA, MTD is denied, it references a lot of favorable cases, a good read.
 
Any Successfull Oregon cases Lazycis ?

I got the PACER account and searched for any cases in Oregon. There are about 5 of them but all still being contested and no decision taken. Do you have any input to cases being fought in Oregon ?
 
lazycis said:
It does not really matter, but I think it's proper to send the original to a defendant and keep a copy to submit a proof of service later on if you serve by mail. Court knows that the summons were issued but defendant has to get the original. Even if you made a mistake, FRCP say that it does not effect the validity of service. The important part is to get summons, serve 'em by certified mail and get a proof that defendant received summons. Do not worry about it too much.
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Although I agree with you, it probably doesn't matter whether you serve original or copy (as long as you serve), our clerk told us that the issued summonses (the ones she sealed) must be kept and later filed in court togheter with proof of service, and we must mae copies of them and serve copies on defendants.

So when I did proof of service, I filed these ssued summonses together with return of service and affidavit in court. Defendants were served copies of issued summonses. It really doesn't matter whether clerk seals (issues) a copy of your summonses or the original, what's important is, you keep that issued summons with you and file it later.
 
Finally I made it

Finally I made it .......

All right fellows here I am writing this message that I don't know I saw so many of you wrote it many times on this forum and today is my day.

I got my Naturalized last week and I am now a citizen. Most of the people now a days might not know about me because I was in silent mode from last 2 months
on this forum.

I am one of very few people whose Citizenship was stalled due to pending Name check but I was never scheduled for interview. I know they stopped
interviewing people after that internal memo. They use to interview people for N-400 even name check is not complete before May 25th 2006. I was one of
person whose priority date was June 24th 2005 but I was still did not got interview. So in my case law suit based on 1447(b) was not a option.

I checked with many lawyers and people every one recommended me to not file lawsuit without interview done but I knew I had option for filing Writ of
Mandamus. I know many people filed Mandamus for pending I-485 (Green Card) but not for N-400 (without interview) only two people I know who filed it but
interestingly they both filed after me and got approved.

I filed my lawsuit in Nov 2006 and got my Naturalized yesterday. It was roller couster ride. A lots of ups and down. First I was not able to find any
lawyer in my area who will take case so I had to go Pro se. I am following this forum since March 2006 so I knew a lot of people were able to get cases
adjudicated after lawsuit and I learned alot too. In my case because 1447(b) was not option 120 days never got triggered now I had to wait atleast 1.5 year
before I can file suit and claim that delay in adjudication is unreasonable. My local DO was taking about 6 months for adjudication so I have to prove that
my delay is almost three times the current processing times to make my lawsuit strong.

I learned few cases where waits of around 12-14 months were considered reasonable delay. So I knew I need to plan things accordingly. I filed my suit in
Nov 2006 (17 months delay at that time) I knew with 60 days for defendents response and another 60 days in extentions will take me to around 22 months. I
can ask for another extension to respond to MTD and it will take me closer to 2 years and make it more convincing and stronger to prove in front of judge or
atleast I will get my inteview during the process.

Well I went through 3 extensions and then I got answer then I started discovery (that really helped speed up process) I was prepared for response to MTD but
never needed it thanks to my AUSA. He was really nice and very professional human being. He was not very helpful in start but once he learned back from FBI
that I do not have any negative background he decided to help me to come out of bureacracy black hole.

USCIS requested expediated name check request in Nov 2006. But FBI will not work on that. My name got hit in name check due to issue totally unrelated to
me and I had nothing to do with it. I do not feel necessary to go in details(please don't ask). Bottom line is after multiple expediated name check
requests and also written statement from FBI to USCIS. USCIS rejected to accept my name check results why I have no idea. The reason was they want to see
in the computer system it is cleared they do not want written answers from FBI( which is totally non sense)

During this whole process I went through 3 extensions many meetings, conversations and emails with AUSA. He worked with me and was very professional and
helpful. I asked for discovery process but he was not willing to work with me on discovery with out proper counsel. So I decided to use local lawyer who
never even heard of Mandamus. One of the reason was all the big law firms were asking me crazy money just to look at my complaint or talk to AUSA because I
was half way in law suit and they said I screwed up and it can cost me law suit. I was not willing to take no as answer and I knew I had more knowledge
about Mandamus then they do at least in my local area.

I gave all of the instructions to my lawyer about what we want to do in discovery and I told him if we have to go though MTD response I have it ready and he
wanted to help me because he wanted to learn about this process so it kind of worked out for both of us.

After answer of my complaint we started discovery. AUSA was against it but we pushed little hard. We served subpena throught process server to local FBI
office. ( I do not have that subpena I know you all will be interested in it but I know it only says that you are summoned to meet plaintiff counsel at ---- time on ---- date conversation will be witness by notary public and all answers will be used in court. I do not have copy of it). He paid witness fee and setup venue for reviewing name check process about
two weeks It was served from my attorney directly. Guess what subpena was served at 9:00 AM in morning and my name check was complete in one day Yes ONE
DAY. I recieved comfirmation from my lawyer that he received confirmation from AUSA that name check is clear and delievered to USCIS.

They scheduled me for interview on May 22nd 2007 at 8:00 AM. I showed up for interview and it went flawless. I volunteered for new pilot exam for
naturalization.

Here were questions asked

Name of president?
Name one thing only Federal Govt can do?
Who was president during World War II?
Name any native american tribe?
Who is house majority leader?
How many seats in senator?
Name one right only citizen are entitled too?
Name three branches of Govt?
Who was the father of nation?
Name single war americans fought in 1900s?

Interview officer did not asked single extra question to the point he did not even answered to my "Good Morning" (kinda cold)

Only asked three things
Green Card
Selective Services card
Passport

Nothing else total it took him about 20 minutes I was out at 8:20 am.

By 8:52 AM I received call from AUSA and my attorney that I am approved and he sent me fax copy to my email.
Scheduled me for Oath on June 14th 2007.

Now I am Citizen.

Case dismissed some time first week for June. I never paid attention because I already have approval notice.

Trust me this whole thing was great experience of patience. I was at times very low and depressed but trust me I was never pessimistic. I know I have nothing to hide and I can get this thing done. Infect I learned many things during this whole process about keeping your self focused during stress times it the key.

Thanks to many many many members on this forum from whom I learned a lot. I do not want to name members I learnt from every single from of you. I thank you all.

YOU ALL ROCK. Trust me if you stay focused and prepare properly and weigh your options right I think you can succeed at the end. Some people do get unlucky but do not get dishearten.

I will be around for some time for answering your questions. Sorry for late news because I was extremely busy at work other wise I would have posted this great news earlier. I know you wanted to know every thing so I wanted to post every thing in detail.

At the end I believe I spent more then 300 hours on the whole thing preparing and researching many sleepless nights.
 
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wenlock said:
Finally I made it .......

I filed my lawsuit in Nov 2006 and got my Naturalized yesterday.
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CONGRATULATIONS! Way to go, wenlock!

It was roller couster ride.
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I bet.

Trust me this whole thing was great experience of patience. I was at times very low and depressed but trust me I was never pessimistic.
Click to expand...

That's the key - stay optimistic, focused and never give up or lose hope.

At the end I believe I spent more then 300 hours on the whole thing preparing and researching many sleepless nights.
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I am sure you do not regret it. Congrats again!
 
wenlock said:
Finally I made it .......

All right fellows here I am writing this message that I don't know I saw so many of you wrote it many times on this forum and today is my day.

I got my Naturalized last week and I am now a citizen. Most of the people now a days might not know about me because I was in silent mode from last 2 months
on this forum.
Click to expand...

Wenlock, congratulations.
 
wenlock said:
Finally I made it .......

I got my Naturalized last week and I am now a citizen. Most of the people now a days might not know about me because I was in silent mode from last 2 months

I will be around for some time for answering your questions. Sorry for late news because I was extremely busy at work other wise I would have posted this great news earlier. I know you wanted to know every thing so I wanted to post every thing in detail.

At the end I believe I spent more then 300 hours on the whole thing preparing and researching many sleepless nights.
Click to expand...

Congratulations, Wenlock! Your victory was one of the hardest so I imagine it feels even happier to win. Your ordeal is really amazing, as you had to stay on top of all this for so long. In your place I'd probably be so mad at CIS (that they were not satisfied with the FBI "unrelated" hit) that I'd want to continue suing them for pain and suffering. (Would your lawyer friend be interested in that? It's a new territory but I bet if some daring lawyer actually sues CIS for punitive damages they may become more cooperative and trying to avoid any more delays...Just thinking;))

Your subpoena situation is really interesting. My question is, has your laywer had to contract court reporter (to record answers for using them in court)? Was it a deposition subpoena (like FBI is supposed to be deposed regarding your name check process?) It sounds like it may really be a great way to get into the discovery they try so hard to avoid. What's funny, once they are served with subpoena, they CANNOT AVOID SHOWING UP unless they are ready to be in contempt of court (for disregarding it). So this really solves the problem getting discovery through AUSA. Of course, during deposition the defence may scream it's all a sensitive data, +prohibit FBI to answer but the next step is for the judge to determine, is it really confidential... So I can see why they prefer to get your nc processed (-and find your case at the bottom of some forgotten drawer:( )rather than go through it. Can you comment on this?

Enjoy your citizenship and it's great you plan to stay with us on the forum!
 
N 400-No Interview

Hi all,
this is really very informative post.
I have applied for citizenship on march of 2006, did FP and since then i havn't heared for them. all what they tell me is my case is pending FBI name chek.
my question is, i wanna know if there is any law violation in this case where i can sue them for and take their ass to the court.?


Thanks
 
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Congratulations, wenlock!!

This is fantastic news! Congratulations!!

Can you elaborate on the specifics of your discovery phase? For example, did you have to file a motion with the court and so forth? I'm thinking about doing discovery myself and would like to have some specific guidance.
 
File for summary judgment or wait for court's scheduling order?

Mine is an adjustment of status case. Recently, Judge has denied defendants' MTD. Defendants have also already filed their answer to my complaint.

What I'm wondering about is: Should I just go ahead and file a motion for summary judgment? Or should I wait for the court to issue a scheduling order, in which the court will likely specify if there can be a discovery or not? In the cases that I've seen, the court usually grants exempt from discovery. If that is the case, then it seems there's no point in waiting since there won't be anything else new to present to the court in addition to what's already been presented. So, maybe I should just go ahead and file motion for summary judgment?

I'm encouraged by wenlock's discovery results. So, I'm hoping wenlock can shed some light and provide some guidance here.

Also, paz, given your broad knowledge about the legal procedures, could you share your thoughts, too?
 
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Congratulations, wenlock!
You had quite tough case. Thanks for your contribution to the discussions in this forum!
Enjoy you citizenship!

snorlax
 
"Negligent Driving" traffic ticket

Can "Negligent Driving" traffic ticket get your N-400 case rejected?
This would be important information for me before deciding to go with WOM. Why force the Govt to take action if it is only going to result in rejection of the application?
 
shvili said:
Although I agree with you, it probably doesn't matter whether you serve original or copy (as long as you serve), our clerk told us that the issued summonses (the ones she sealed) must be kept and later filed in court togheter with proof of service, and we must mae copies of them and serve copies on defendants.

So when I did proof of service, I filed these ssued summonses together with return of service and affidavit in court. Defendants were served copies of issued summonses. It really doesn't matter whether clerk seals (issues) a copy of your summonses or the original, what's important is, you keep that issued summons with you and file it later.
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Lazycis and Shvili,

Thank you very much!
 
120 days remand

DUDE12190 said:
Paz , shvilli, lotechguy, lazycis,and all the members hello to everyone on the forum. How u folks are doing?? I already took my oath last week. Thanks again for all your help!!! Special thanks to Paz again!!! and best of luck to all who are stiil fightin!!! and sorry for not coming into the forum. I was busy with other things.

Dear smhad,
u should be calling USCIS customer service every second day and the reason is that as Paz said, they should be adjudicating your case any time soon. I think u should speak with the old AUSA(the real one and not the temp) and also explain situation to him. when u call the customer service, please tell those people the whole situation and ask to speak with the immigration officer. the people who pick up the phone have no clue about your case since u case is old as mine.
If u want to talk quickly, here is a tip(I learned this since I got mad myself calling them!!). when u call 1-800-375-5283, after pressing 1 for English, when he says "Thank You" then u need to press 2, then, 6, then 2 and then 4(Just remember 2,6,2,4). In this way, u do not have to wait for those stupid selections and they will pick up your call in a minute(after pressing each button, please wait for a second ,so that guy can tell the choices). In my case, I was calling after every seconed day and then, one day, the IO congratulated me and told me that my application has been approved and they already mailed me the oath letter.(I was amazed!!! because I had been calling them since two years and it was the same answer” Pending security checks"). In this way, u will also not waste your time on the info pass since IO(when u call them) can give u the same info that u get using an info pass.

ok, back to your case. One thing u can do if nothing happens even after writing a letter to the judge is that you can go to the court and ask for the Suphina(I know I am not spelling it correctly) and then u can send that to your local FBI office and I heard that it really works. It let the lazy FBI to move and clear your name check. Wenlock is expert on this. I do not know if he is still coming, but you can read his posts and he explained that very thoroughly what to do. I do not know if u will need to reopen the case if u wanna do this since the judge remand it back. I hope this info is helpful. I know it sucks man!!! I hope they approve your application and u get your citizenship ASAP. Best of luck!!!!!!!! regards,dude
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Thanx for all the info the latest is i did call this 1800 # for customer service found out my all my background and name check were completed and the supervisor was reviewing myfile as of june 21st.....IO OFFICER OVER THE PHONE WOULDN"T share any info as far as my name checks and backgroud checks were ok......keeping my fingers crossed hope to hear good news ....anyone has any idea how long sup might take to review it...since remand date is about to be up on julty7th:cool:
 
Moe9541 said:
Hi all,
this is really very informative post.
I have applied for citizenship on march of 2006, did FP and since then i havn't heared for them. all what they tell me is my case is pending FBI name chek.
my question is, i wanna know if there is any law violation in this case where i can sue them for and take their ass to the court.?


Thanks
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Here is opinion from 10th Circuit issued in Kowalczyk v. INS, 245 F.3d 1143, 1149-50 (10th Cir. 2001):
"Unlike the INA, the APA includes a judicially enforceable duty to proceed within a reasonable time. See 5 U.S.C. 555(b), 706(1). See also Cutler v. Hayes, 818 F.2d 879, 894_900 (D.C. Cir. 1987) (remanding for district court to determine whether FDA's delay violated the requirement to act within a reasonable time and discussing factors to be considered by the district court in assessing the claim of unreasonable delay)."
 
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