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

Since I live in chicago,and not far from the US attorney's office. I haven't found out who is the attorney designated to my case. I am wondering if I can go talk to them in person instead of calling. Do you think that is a good idea?

Thanks,
Vicky

Vicky, I would still call them first and try to find out the name of my AUSA on the phone. After that I would call this person and setup with him/her a face to face meeting. Ususally AUSA is very busy, many times is out of office, being in court, etc so the chances that you can catch him/her just by walking in are slim. If all US Attorney Offices are organised similarly, you will not be able to pass the front door receptionist if you just walk in. But you may be able to find out with his/her help who was assigned to your case. If you feel more confortable talking face to face with people rather than on the phone, you can walk in and try to find out who is your AUSA. But ultimately is very likely that you can't avoid to setup an appointment time over the phone either with AUSA or with his/her assistant (assuming that you want a face to face meeting with AUSA; this is not required by law, it is up to you if you want to meet him/her in person).
 
Congratulations!!! I have one same situation like yours. the case pending from March 2003. and name check cleared on Jan 2007. but still no any response from USCIS. actualy my case is in Houston Local Office, I went there many time since my name check cleared. the only answer I got is that waiting somebody look at my case. do you think filling AOS WOM is the only way let they approve my case? by the way, my finger print has expried long time ago, I request to update, they never did it, did you do your fingerprint before they approve your case? Thanks








Dear Friends,

I am approved today. I think, mine should be the shortest period that was approved within 3 weeks of filing AOS WOM.

My case was pending APril 2004, for no apparent reasons (our Name Check / Background check was completed in 2004, have all the copied of the worksheet and how and when they approved it, when they updated in the USCIS database. If you file FOIA with DHS, you will get these information but its a very long process and for me it took 9 months to get all the papers. They sent me 850 pages of details, certain things were blocked for privacy reason like Adjudicating officer user id, some discretionary comments etc)

Filed AOS WOM Pro Se in NJ June 2007 and served summons on the same day and updated with certificate of service. Until July 5th my case never had an officer or visa alloted, however later that afternoon received call from Congreman / Senator that I should hear within 30 day most probably in a week.

Called TSC same day and verified that my case was assigned to an officer and visa was alloted. July 7th, my AP was approved. July 11th 485 is approved and I received an email today that my case is approved.

My theory is , I believe after USCIS received the summons, would have just checked my case and seems everything is good, assigned to an officer.

Kishore
 
Congratulations!!! I have one same situation like yours. the case pending from March 2003. and name check cleared on Jan 2007. but still no any response from USCIS. actualy my case is in Houston Local Office, I went there many time since my name check cleared. the only answer I got is that waiting somebody look at my case. do you think filling AOS WOM is the only way let they approve my case? by the way, my finger print has expried long time ago, I request to update, they never did it, did you do your fingerprint before they approve your case? Thanks

zip,
if you have proof that your nc cleared and yet CIS is stalling, you may do 2 things:
1) file WOM immediately (cost: $350 plus time) or:
2) write to the First Lady, local senators, congressmen and request their help first. While waiting for them to reply, start writing your WOM. If no reply or no decision in 2-3 months, file WOM. If they adjudicate, post your WOM draft for the annals of this forum;) (just kidding, but seriously, that's what helped many of us here).

As for your FP, CIS will not do anything on them until they are ready to act and that will happen for one of the 2 reasons(see above). My husband got his FP notice 3.5 yrs after filing N-400 (after taking 2 FPs 3 yrs ago) . But this notice came 1 month after we filed 1447+WOM. So unless you push them they may stall forever, so just choose the method to push.
 
USCIS lost a class action lawsuit somewhere in the 9th Circuit - if I remember correctly in Seattle - and the court ordered USCIS to add the message about the 120 day rule at each N-652 form. If I had one of these new forms, I certainly would not wait for almost two years before I sued them...

Paz,
you reminded me, I also remember hearing of this class action law suit- it would be nice to find this court ruling!

Lazycis, with your resourcefulness, perhaps you would be able to find it?
 
HELLO.
My friends i will like to let you know that if you loose your case base on jurisdication, do not be afraid to appeal the case, Everybody remember ME when I lost the case at District Court in Los Angeles, California in March, 19, 2007. most of you send a lot of encouragement and i do appreciate that because your go getter attitude real motivated me to fight harder than before, and to day i have a good news. USA ATTORNEY CALLED ME AND ASK ME TO VOLUNTARY DISMISS THE CASE FROM 9TH COURT OF APPEAL BECAUSE CIS HAVE APPROVED MY CASE AND MY CEREMONY WILL BE JULY 26

Congratulations!!! that's a great victory!
The only concern I have- in a case like yours, your district court ruling is going to be used as precedent for similar cases, but since your appeal has technically terminated once the case is resolved, your Appeals court registered no ruling in your case, so there's no precedent to counter the one you lost. Paz and other seniors, is it right? If so, for the benefit of others it may be better not to dismiss the case and let the judge rule? But I don't expect you to be so altruistic and also you may have to dismiss because CIS agreement to act may lead judge to dismiss your case with no meaningful instructions. In that case, you won't reach an objective (to set another Appeals precedent) any way.

Nifty, the above is purely a rhetorical question, -again, I don't mean you should keep your appeals case alive just to get the judge to rule. I just really wonder what happens in a situation like this in terms of setting precedent...:confused:
 
Paz,
you reminded me, I also remember hearing of this class action law suit- it would be nice to find this court ruling!

Lazycis, with your resourcefulness, perhaps you would be able to find it?

So far I was unable to find any reference to it. The N-652 memo was issued in 2005 so it should be relatively new case. There are different scenarious in class action and it is especially difficult to find anything if the case was dismissed before class certification. AILA should know more about it.

I did see another case dealing with 1447b (affirming that 120 days count from the initial interview). Sze v. INS, 153 F.3d 1005 (9th Cir. 1998);
http://www.ca9.uscourts.gov/coa/new...88256e5a00718714?OpenDocument&Highlight=2,Sze
 
Took infopass today to enquire about the security check. The officer said, the name check is not cleared yet. I showed the email received from FBI saying the NC is completed and forwrded the results to USCIS washington. Then she gave me the enquiry form to write down the problem. Hopefully something will happen.

a. Probably the other checks (fingerprint and IBIS name check) are expired and they are performing new checks. Fingerprints are valid for 16 months, IBIS check - for 90 days.

b. Everything is possible when you are dealing with USCIS, but it is unlikely.

c. Try senator and Infopass, but there is no sure way to find out (again, mysterious USCIS is involved)

d. Your case seems to be close to resolution. Go to Infopass and push them to send you a fingerprinting notice. Even if your PD is not current, you want it to be done beforehand. Use senator's office, if it's helpful. If nothing happens when your PD is current, file a lawsuit.
 
Took the infopass today and went to enquire about the back groung check. The officer said the data base is showing that name Check is still pending. I showed her the email received from FBI saying the Name Check is cleared and results have been forwarded to USCIS Washington. She gave me the enquiry form to write down the discrepency. I did so. Keeping the fingers crossed now.


Appreciate your response lazycis,

a. According to my knowledge (got from this board), IBIS is a quick one and Finger Printing is yet to happen.

c. Do you think going through a senator's office is more productive than congressman?

d. Is it Ok asking congressman or senator to push for sending out finger printing notice?
 
Finally!!!

Finally I can write my celebratory message today.

Today my husband got naturalized.

After this long wait, this forum was like a light at the end of the tunnel for me. I am so happy that I found this thread. I am sure that the lawsuit was the only thing that started our case moving.
We are lucky that our case went so smooth. Just an extension.
I want to thank everyone just for being here. Just reading your posts made me think that I can do it.

Good luck to everyone!!!! Hope you all get what you want, cause you deserve it!!!

PS: My husbands naturalization was so important to me, cause now I can start my own AOS case. So this is all just a beginning for me. Who knows how that's gonna go. Frankly, I'm happy I didn't change my last name to his. Hopefully I'm not gonna get stuck.:)

PS2: Who said Friday, the 13th is not a good day?
 
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N-652

So far I was unable to find any reference to it. The N-652 memo was issued in 2005 so it should be relatively new case. There are different scenarious in class action and it is especially difficult to find anything if the case was dismissed before class certification. AILA should know more about it.

I did see another case dealing with 1447b (affirming that 120 days count from the initial interview). Sze v. INS, 153 F.3d 1005 (9th Cir. 1998);
http://www.ca9.uscourts.gov/coa/new...88256e5a00718714?OpenDocument&Highlight=2,Sze

i remember that Lotecguy had posted the Interoffice Memorandum dated January 14, 2005 talking about the changes in the N-652 from old fomr to the new form, but he took it down very quickly....there is another copy of the Memorandum on this board that is of very low wuality...does anyone have the orignial high quality version? if you can post it or send it to me, i would appreciate it....
 
Hi, Friends,

My AUSA request to postphone the MTD hearing util the visa number is available. Our hearing date was scheduled as end of July. He said otherwise he can stress the judge does not have juridiction on my case since there is no visa available if I insist the hearing as scheduled. Should I take his suggestion?

Thank you very much!
 
find out the AUSA

Vicky, I would still call them first and try to find out the name of my AUSA on the phone. After that I would call this person and setup with him/her a face to face meeting. Ususally AUSA is very busy, many times is out of office, being in court, etc so the chances that you can catch him/her just by walking in are slim. If all US Attorney Offices are organised similarly, you will not be able to pass the front door receptionist if you just walk in. But you may be able to find out with his/her help who was assigned to your case. If you feel more confortable talking face to face with people rather than on the phone, you can walk in and try to find out who is your AUSA. But ultimately is very likely that you can't avoid to setup an appointment time over the phone either with AUSA or with his/her assistant (assuming that you want a face to face meeting with AUSA; this is not required by law, it is up to you if you want to meet him/her in person).


Yes, I went to the US Attorney's place, but was just able to talk with a US attorney assistant, who happened to the one that will be in charge of my case. But he said he just got this case assigned to him, and didn't have a chance to look at it yet. He said he will talk to his client, and call me back in 1 or 2 weeks.
 
Hi, Friends,

My AUSA request to postphone the MTD hearing util the visa number is available. Our hearing date was scheduled as end of July. He said otherwise he can stress the judge does not have juridiction on my case since there is no visa available if I insist the hearing as scheduled. Should I take his suggestion?

Thank you very much!

Is your name check still pending ? You can politely tell him that he can work on your name check till the Visa # becomes available.
 
one more question

I told him on the phone there is a status hearing set for August 15. Do I still need to write him a letter to let him know.Since the letter I got from the court says.' Plaintiff is directed to advise the defendants of the status hearing forthwith.'

I also have another question. This might be stupid. The joint status report and the discovery plan is different, right? I just downloaded a template, which has a title of 'JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN'. So now I am not sure if they are two things or one thing?

Vicky
 
Finally I got it thanks u all

Hi folks;
after 2 yrs of waiting I got my N400 case approved this week and just got did the oath 2 hrs ago in Peoria IL.
my WOM case was still in the court till last week since Nov 2006 and the US attorney in my case was busy trying to approve the exam is not the interview and the 120 days haven't started yet (check my thread # 11700), and out of nowhere I got a letter last Friday that my case is approved and the oath was scheduled next friday (today), I though i was dreaming.
something to mention and I guess it was big factor in my case, I read here someone recommended to write to the first lady, I did that in mid April 07 (didn't mention my WOM), then I got a reply mid June 07 from the section chief of the FBI National Name Check program that my letter to the first lady was forwarded to him and my name check is still under process and " you may be assured that the results will be made available to the immigration authorities as quickly as possible" quoted from his letter, of course I didnt pay attention to that and didn't trust it, but 3 weeks after this letter my name check was done and got approved.
I wanted to take this moment to thank u all guys specially paz, lazycis, wenlock and sorry to miss the others, u were the real reason behind my victory.
to everyone who is in this painfull nightmare so called namecheck pending please read, read, read this forum from page 1 if u can before u do anything it will give u all what u need.
thanks folks and good luck all.
 
congrats

Hi folks;
after 2 yrs of waiting I got my N400 case approved this week and just got did the oath 2 hrs ago in Peoria IL.
my WOM case was still in the court till last week since Nov 2006 and the US attorney in my case was busy trying to approve the exam is not the interview and the 120 days haven't started yet (check my thread # 11700), and out of nowhere I got a letter last Friday that my case is approved and the oath was scheduled next friday (today), I though i was dreaming.
something to mention and I guess it was big factor in my case, I read here someone recommended to write to the first lady, I did that in mid April 07 (didn't mention my WOM), then I got a reply mid June 07 from the section chief of the FBI National Name Check program that my letter to the first lady was forwarded to him and my name check is still under process and " you may be assured that the results will be made available to the immigration authorities as quickly as possible" quoted from his letter, of course I didnt pay attention to that and didn't trust it, but 3 weeks after this letter my name check was done and got approved.
I wanted to take this moment to thank u all guys specially paz, lazycis, wenlock and sorry to miss the others, u were the real reason behind my victory.
to everyone who is in this painfull nightmare so called namecheck pending please read, read, read this forum from page 1 if u can before u do anything it will give u all what u need.
thanks folks and good luck all.

hey

thats great news man , whats the mail where we can mail the first lady
 
First lady mailing address, sample letter

hey worried2007;

the mailing address is:
First Lady Laura Bush
The White House
1600 Pennsylvania Ave, NW
Washington, DC 20500

I attached a sample letter to help you it may not be perfect but it gives u an idea of what to do.
send it by certified mail, with delivery confirmation.
good luck
 
name check clear

hi people,

atlast name check is cleared. I have given fingerprint again. But concerning thing is that hey are reinterviewing me. My adjudacator has sent me the following e-mail

"Mr. XYZ, after you have your fingerprints taken, please come to the district office at 126 Northpoint for a follow up appointment. Even though you will be fingerprinted tomorrow, it will take a few days for the fingerprints to clear. It would be good to have your application updated."



so what do you think guys, is it concerning or routine??

In advance, thanks for your input
 
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