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

[mohamedmohamed]

I talked to the couty clerk in Seattle, he said I can't do that because the defendant's need the case number. The example you had is in Seattle, so it's confusing, I need to look at the local rules.

well, if it is all about the case number, have the clerk stamp a compy of the complaint, and mark the case number on it, then sent the same stamped copy the deffendents, that what i did.
and of course it is always good to look up the local rules

 

[Mr LA]

NO filing fee under 1447b

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

hello,

I went to the clerk office today, I ask her about the filing fee, she told me the filing fee is included when you filed N400, So, when you file under 1447b, just ask the clerk office and tell her/him in central district of California there is NO filing fee. Good luck to everyone.

 

[meshmesh]

you dont have anything to loos anyways, the worest that could happen you

can lose theMohamedx2,tys:

I can't sue them, i know that for sure.
I asked several attornyes. my case in Miami, FL., and they are very very carefule in schadeulling people befor the name check is cleared, since that is where(Miami,FL.)all the law sue's statrted in 2004.
on the other hand, if sued them, i will lose 100%, since there is no time frame that enforce them to adj. my application. the recipt notice i got from them when i filled my N-400 says"please allow 750-999 days for us to process this kined of application"and i filed in June2004"only 2 years ago!! "
if i sued them, and i lost, god knows they will deny my application later.
all my hopes is this blockage will be finished by 9/30/06, as they said in thier blockage elimination plan issued in 2004.
please correct me if i am wrong!!!

 

[mohamedmohamed]

you dont have anything to loos anyways, the worest that could happen you

can lose theMohamedx2,tys:

I can't sue them, i know that for sure.
I asked several attornyes. my case in Miami, FL., and they are very very carefule in schadeulling people befor the name check is cleared, since that is where(Miami,FL.)all the law sue's statrted in 2004.
on the other hand, if sued them, i will lose 100%, since there is no time frame that enforce them to adj. my application. the recipt notice i got from them when i filled my N-400 says"please allow 750-999 days for us to process this kined of application"and i filed in June2004"only 2 years ago!! "
if i sued them, and i lost, god knows they will deny my application later.
all my hopes is this blockage will be finished by 9/30/06, as they said in thier blockage elimination plan issued in 2004.
please correct me if i am wrong!!!

i cant say that you are wrong, but i may have a different views
like you said two years is not that bad, so if you decided to wait for few more more months and see what happens that is not a terrible dcision.
they can not deny your application with out a very good reason, because whom ever will make thatd ecision, have to able to justfy it in fron of the court, and the oofice of the immigration , review, and circuit court, and even may be a suprem court in the it get to that, particuularly when a retaliation is supected, that would be really awful on their side.
WOM used to forced agent of the US to do their job, so it would really come down to one these questions
how much are you affected by the delay, what are the negative impacts?
is 2 years period long delay or not, (and the standard would the normal processing time)?
does the court have jurisdiction ower the matter?
but the whole deal here is because this would be considered a precedent, since nothing like it have been before the court before, some one need to carefully architect , and build the entire case in a way that convincing, and logic, which require expertise, and a good litigation ability, that why i said if you ever decided to do this, i good lwyer is a must.
most of the lwayer will say they cant do it, or it can not be done period, but they have said that to all of use, even after the end of the 120 days period, and for thos who have filed AOS, not because it is can not be brough to court, but it rather because it is easier fo them to say sorry i cant do this, then to do all the research, and squeeze their brains, and stand in the face of the governement.
so just for the lwayers to say it is can not happend , doesnt mean, it is can not happen.
after all your case havent been pending for that long(relatively), so if you shoose to wait a little longer, it is brobably the best choice.

 

[meshmesh]

after all your case havent been pending for that long(relatively), so if you shoose to wait a little longer, it is brobably the best choice.

Well, that's what my original plan was, is to wait until the end of this year"2006", and see what is gonna happen.
But now, and after the congress passed this corrputed bill, the blockage in the FBI already broken system will be tirrble.
Imagin all these allegals will file thier petition immidiatelly, at one time, which means 12million applications will be filled approximetlly at the same time, what a blockage will be created to already broken immigration system.
i would assume and imagin that the CIS will not accept any applications from thoes illigals, until they finish with us first.
By the wayMohamedx2, thanks for your efforts and time you spend to answer our concerns

 

[mohamedmohamed]

By the wayMohamedx2, thanks for your efforts and time you spend to answer our concerns

am just happy to be here, one of these people here, to try to make some sonse of whats goign on, it is where i belong.

 

[sfaizullah]

Syt,
Thanks for the support,
I can't sue them. They cancelled my interview twice, for the famous Unforseen reasons, even though i am stucked in this name check shit for two years.
Do you think if i can sue thier asses, i would wait for one more minute.
I swear a god, if they interviewd me, i would file my WOM on the date # 119, 23 hours and 59 second.

Hi Meshmesh,
I believe you can file WOM even if they did not schedule you for an interview (and you can file WOM even they did interview you) based on the long wait you had (see page 91 of this forum for some examples that the attorney's sued them both under 1447(b) and WOM based on the wait; in your case it will be only WOM).

I would say you better spend your energy in confronting USCIS rather than leaving the country!! You will have relatively tougher fight though. But the joy will be more too!!

I would say talk to some lawyers and discuss WOM and see what they say.

Best Regards

 

[backues]

notice of voluntary dismissal

I need to dismiss my case and the attorney of US said that they were going to send me the letter. I only need to sign and return it to the federal court.

This is the letter:

Now comes Plaintiff, XXX, and hereby voluntarily dismisses this cause of action, with prejudice, pursuant to Rule 41 of the Federal Rules of Civil Procedure. Plaintiff states that he has become a naturalized citizen of the United States and no longer wishes to pursue his claims as set forth in the compliant.

Is it OK to sign this?

Any help is appreciated.

Thanks.

 

[Suzy977]

I need to dismiss my case and the attorney of US said that they were going to send me the letter. I only need to sign and return it to the federal court.

This is the letter:

Now comes Plaintiff, XXX, and hereby voluntarily dismisses this cause of action, with prejudice, pursuant to Rule 41 of the Federal Rules of Civil Procedure. Plaintiff states that he has become a naturalized citizen of the United States and no longer wishes to pursue his claims as set forth in the compliant.

Is it OK to sign this?

Any help is appreciated.

Thanks.

Any change I'll do is: without prejudice.

 

[AL11]

I need to dismiss my case and the attorney of US said that they were going to send me the letter. I only need to sign and return it to the federal court.

This is the letter:

Now comes Plaintiff, XXX, and hereby voluntarily dismisses this cause of action, with prejudice, pursuant to Rule 41 of the Federal Rules of Civil Procedure. Plaintiff states that he has become a naturalized citizen of the United States and no longer wishes to pursue his claims as set forth in the compliant.

Is it OK to sign this?

Any help is appreciated.

Thanks.

Congrats, I think you need to dismiss without prejudice, but let's see what others say

 

[rob waiter]

big K, what is IMHO?

please advise!

Just wondering though. You stated that chances of winning are 100%. Why spend 4 grand on a lawyer though? Well, unless money isn't an object of course. Even then, with the money you save, you can throw one hell of a party after you file pro se and get the citizenship. Skip the lawyer, you got EVERYTHING you need in this thread! IMHO, as a true internet nerd would say

K

 

[rob waiter]

big M and suzy,

my understanding that the senate
and the house needs to talk about
a unified version. and the white house will also jump into the
discussion. Hopefully they will come
up with more problems than compromises.

yes, sue, I agree sometimes illegals are entitled to more rights.

thats what i thought, i have said once it is not going to be easy, because every one is very stiff about their position, and i think that this bill, is right in the middel of the most iteresting issues, not only for immigrants, but for americans too, either the ones who are vry compationate, and want to help the illigal immigrant, out of being nice, and generous, or have some ties with them, or the ones who feel at a disadvantages because people are comming from everywhere taking their jibs, and making theri lives misarables, it is very hard to find a middel ground between the two

 

[rob waiter]

who said we are in shortage of warm-hearted persons?
Mr LA, way to go!

I am going to LA downtown tomorrow, if you need help, send me privet massage with your phone #. I will be happy yo help you in anyway i can.

 

[rob waiter]

If you already got your citizenship,
it is ok to do 'with prejudice'.
But if you still have not been
naturalized, you better do 'without
prejudice'.

"with prejudice" precludes any legal actions using the same cause!
using

I need to dismiss my case and the attorney of US said that they were going to send me the letter. I only need to sign and return it to the federal court.

This is the letter:

Now comes Plaintiff, XXX, and hereby voluntarily dismisses this cause of action, with prejudice, pursuant to Rule 41 of the Federal Rules of Civil Procedure. Plaintiff states that he has become a naturalized citizen of the United States and no longer wishes to pursue his claims as set forth in the compliant.

Is it OK to sign this?

Any help is appreciated.

Thanks.

 

[rob waiter]

if you would like to go through the
whole litigation process, there is
a likelihood you can get your money
back.

But whether you want to invest tons
of time/$/anxiety/anger/compassion/
on this is another debatable issue.

Don't you can get the attorney fee back from the goverment after winning the case?

 

[FedoraCore]

here look at this link. Make sure you read it

http://en.wikipedia.org/wiki/Prejudice_(law)
it's the difference between with Prejudice and without Prejudice.
Make sure you have the us attorney change it to without Prejudice, or you can be screwed. You can dismiss the law suit and all of a sudden, no letter. That's why you need to have it "without Prejudice".
Thanks

I need to dismiss my case and the attorney of US said that they were going to send me the letter. I only need to sign and return it to the federal court.

This is the letter:

Now comes Plaintiff, XXX, and hereby voluntarily dismisses this cause of action, with prejudice, pursuant to Rule 41 of the Federal Rules of Civil Procedure. Plaintiff states that he has become a naturalized citizen of the United States and no longer wishes to pursue his claims as set forth in the compliant.

Is it OK to sign this?

Any help is appreciated.

Thanks.

 

[backues]

here look at this link. Make sure you read it

http://en.wikipedia.org/wiki/Prejudice_(law)
it's the difference between with Prejudice and without Prejudice.
Make sure you have the us attorney change it to without Prejudice, or you can be screwed. You can dismiss the law suit and all of a sudden, no letter. That's why you need to have it "without Prejudice".
Thanks

What letter? Did you mean an oath letter. I already had my oath on May 12th.

 

[dispressmom]

Hi, I was planning to sue. But after I talk to my mom, she strongly disagree I file a lawsuit against government. She is worry that I would have a big trouble and cause more problem in the future. She said she'd rather I wait and no citizenship, but she doesn't want to take any risk to piss off FBI. I probably would never get citizen and be kicked out of US, or be arrested by affending government. My hubby worried the same thing too. He think they might just hold back my case forever if I file lawsuit.
Have anyone think about this kind of potential risk?

 

[lt1GM]

hello,

I went to the clerk office today, I ask her about the filing fee, she told me the filing fee is included when you filed N400, So, when you file under 1447b, just ask the clerk office and tell her/him in central district of California there is NO filing fee. Good luck to everyone.

OK. I'm not sure I understand what the civil action filing fee has to do with the N400 filing fee.

Did she explicitly say that this applies to the central district of California ONLY? My question was if this is a local thing or if it applies to ALL federal district courts. Did she say anything about that?

 

[mechano]

Fingerprintig works instantly !

Here is what happened:
- a friend of mine, went to Jackson FL. office yesterday with his wife for fingerprinting, on her N400 process.
While there, waiting for the number to come up, one of the guys that was fingerprinted, was pulled on the side and handcufed immediately after they fingerprinted him ! right there. He was loaded in a Police car, and his car towed away afer that.
Must have dome something, I guess, but my point is: if there is a match, they get it instantly ! so, the "waiting" time is total BS ! it can be done instantly.