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

[ls691035]

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!!!

Hi, I am filling WOM for i-485 delay, it is a little bit different, but here are similarities as well. For i-485 here is no time frame as well, and my receipt says it takes "between 850 and 900 days for us to process this kind of case", and I am filing about 480 days after application - based on their own processing time frames, and time it takes for completion of namecheck. It was a similar case with the same timeframe (Camilla Acosta) posted here somewhere, and she won. So, if you know it is NC you are delayed for, and can say - ok, normal time is less than a year, and mine is taken XXX days, - I think your chances are pretty good. I don't even think you need a good lawyer for this, if you are careful you can do it yourself. So, find some official documents stating the whole process usually takes X time, compare it with yours, and - yours is green light for WOM.

IMHO, of course . But if you don't do anything, nothing will happen for sure! And be careful with 100% chances for anything - you never know!

 

[mohamedmohamed]

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.

well, there aer two dimention to this.
i know this guy, everytime he get pulled over for a trafic violation, a whole army of police, and fbi and god knows who else have to come, and everytime they let him go, becasue theyare mistaking him with some one for the name, or ssn, or something, so just by them handcoughing you, if not always mean that you have a match, or warrant on you arrest, beside you can ahve a warrant on you for a simple thing as not attending the hearing for your traffic tickets
but generally all the background investigation(s) are different.
criminal backgorund gives intantaneuos result, it is what the local police use when they stop you on the raod, and it is used a s a part of the uscis investigations, it only the warrents, or criminial convictions in the national data and wanted list
the other parts of investigation, including the name check, are more complicated , and less precised, it have more to do with couter terrorism, and counter terrorism analysis fo wether you are or are not a potential suspect, or subject of the terrorism wtach list, you may get linked to this if any name similar (in whole or part) to your name, even with a different spellings, or different ssn, or different drivers license number, or even different countyr of origin , or address of residence, that is where we all are, not because they have an identification of any one of us, as linked rto any of these, but becuase some names similar in whole or part to our names is on that list and uless an analyst pull all th files and make the analysis about one of us, the USCIS can not decided wether or we ca be grabted the benefit we are applying for(gc, naturalization). which a good precautionary maesure, to ensure the safety of the nation.
except that there is one problem,i dont mind them doing any check they want, but it shouldnt put me at a disadvantage, and my application should remain pending for years , and years, while another one get done in fw months, while both applicany have the same background ( which none) so in short you and I will have to pay years for waiting, just because they can do their job, ina reasonable time( which identifyoing wether or not we are threat to the national seciruty, that the whole point here)

 

[mohamedmohamed]

Hi, I am filling WOM for i-485 delay, it is a little bit different, but here are similarities as well. For i-485 here is no time frame as well, and my receipt says it takes "between 850 and 900 days for us to process this kind of case", and I am filing about 480 days after application - based on their own processing time frames, and time it takes for completion of namecheck. It was a similar case with the same timeframe (Camilla Acosta) posted here somewhere, and she won. So, if you know it is NC you are delayed for, and can say - ok, normal time is less than a year, and mine is taken XXX days, - I think your chances are pretty good. I don't even think you need a good lawyer for this, if you are careful you can do it yourself. So, find some official documents stating the whole process usually takes X time, compare it with yours, and - yours is green light for WOM.

IMHO, of course . But if you don't do anything, nothing will happen for sure! And be careful with 100% chances for anything - you never know!

i think that you hit the nail on the head(whatever that saying is)
you need not only the right tools, but you need to know how to use your tools in a very efficient and good manner to obtain the best result you want.
having a car, doesnt guarantee that you can drive from point A to a point be, but using the right raod, and whateching for the traffic, and being careful thorugh your raod trip is what can get you there.
so yes, if a similar case to your have won, that would be a good basis you can build on, but every case can be unique, and every USCIS district can come up with a different deffense, and so is every US attorneys, and similarly every judge, can see factual and argumental aspect of any case ina different way, soo all this points ought to bekept in mind, and you should plan , and think anaylze the situation caerfuly , and make the best of the tools available to you.

 

[RealSuperK]

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?

You need to read 160 pages of this thread and see how many people got their citizenship after filing the lawsuit. Stand up for yourself, it is your RIGHT to take this to court after 120 days. You can't be in the land of the free if you don't act like a free person.

K

 

[pharmboy]

Another winner of WOM on greencard

The I-485 applications for both my wife and myself were approved yesterday per the email messages from USCIS this morning. After three years of waiting and waiting, we are finally done.

The applications were filed in March 2003 at CSC, and I was in the name check black hole for three years, until this past January I wrote Mrs. Bush on this and the letter was forwarded to DOJ and then FBI for reponse. Later, Mr. Hooton wrote me that my name check got finalized in mid March. Although name check was cleared, I was very angry at USCIS and still I went ahead to file the complaint in NJ district in early April. Within two months, our cases got approved.

My sincere thanks to all of you who had so much input in this thread, and I followed your steps. My feeling is, don't be afraid of suing USCIS, they need their asses kicked badly, if you got a legal reason.

 

[rob waiter]

congrats!!
did you file WOM separetly for you and your wife?
or you just filed one case with two plaintiffs?

thanks.

The I-485 applications for both my wife and myself were approved yesterday per the email messages from USCIS this morning. After three years of waiting and waiting, we are finally done.

The applications were filed in March 2003 at CSC, and I was in the name check black hole for three years, until this past January I wrote Mrs. Bush on this and the letter was forwarded to DOJ and then FBI for reponse. Later, Mr. Hooton wrote me that my name check got finalized in mid March. Although name check was cleared, I was very angry at USCIS and still I went ahead to file the complaint in NJ district in early April. Within two months, our cases got approved.

My sincere thanks to all of you who had so much input in this thread, and I followed your steps. My feeling is, don't be afraid of suing USCIS, they need their asses kicked badly, if you got a legal reason.

 

[pharmboy]

Thanks. I filed one case and I am the only plaintiff since I am the primary applicant. They suppose adjudicate both applications if they have all the information and that is what happened with us.

congrats!!
did you file WOM separetly for you and your wife?
or you just filed one case with two plaintiffs?

thanks.

 

[buggin]

Congratulations!

The I-485 applications for both my wife and myself were approved yesterday per the email messages from USCIS this morning. After three years of waiting and waiting, we are finally done..

Good job, Farmboy!
This is very encouraging to me as I am getting ready to file my petition.
Wish you best of all.

 

[mohamedmohamed]

good for you

The I-485 applications for both my wife and myself were approved yesterday per the email messages from USCIS this morning. After three years of waiting and waiting, we are finally done.

The applications were filed in March 2003 at CSC, and I was in the name check black hole for three years, until this past January I wrote Mrs. Bush on this and the letter was forwarded to DOJ and then FBI for reponse. Later, Mr. Hooton wrote me that my name check got finalized in mid March. Although name check was cleared, I was very angry at USCIS and still I went ahead to file the complaint in NJ district in early April. Within two months, our cases got approved.

My sincere thanks to all of you who had so much input in this thread, and I followed your steps. My feeling is, don't be afraid of suing USCIS, they need their asses kicked badly, if you got a legal reason.

one more we count add to the list

 

[ls691035]

The I-485 applications for both my wife and myself were approved yesterday per the email messages from USCIS this morning. After three years of waiting and waiting, we are finally done.

Really, really great!!! Congratulations!

 

[buggin]

Guess who I was going to file with?
THE APPELATE COURT. D'oh, right? Well that's what happens when mere civilians plunge headfirst into this kind of thing!!!

Why are you filing with the Appellate Court? Did you go through the District Court already? Can you tell us?

That certificate of interested parties? Do we really have to file that? I assumed I didn't because I am not filing with an attorney?

I think if your court clerk didn't tell you to file a certificate of interested parties, you don't have to. However, if you need to file it, I would advise to carefully read your Local Court Rules.
My District Court's Rules say that this certificate must be filed if there are any persons (firms, corporations, etc.), other that the parties to the lawsuit, who have any interest (e.g., financial) in the outcome of the case. Then the Rule says that if you don't have any such persons, you need to file a certification stating that no such interest is known other than that of the named parties to the action.
This Certificate is for judges, so that they know if there is any need for disqualification or recusal.
I hope this helps.

------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
3/1/06 - 1st Status letter from USCIS: pending FBI background check
4/20/06 - Contacted Congresswoman's office (response: "You misunderstood the 120-day rule. FBI can take as much time as they want to do the background investigation.")
5/8/06 - 2nd Status letter from USCIS: pending FBI background check
5/22/06 - Sent an FOIPA case status request to the FBI
Present - Preparing my 1447(b) Petition

 

[Omda]

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?

I filed my 1447(b) on May 24, 2006 in Central District of California, there is no fees to be paid to the court.

 

[syt]

I filed my 1447(b) on May 24, 2006 in Central District of California, there is no fees to be paid to the court.

How is North District of California? Does anyone file 1447(b) petition in North District of California (San Francisco and Oakland areas)? I just download the Pro Se handbook from the web site of District Court North District of California. Please share your experience if you are in this area. Thanks a lot.

 

[buggin]

Northern District of CA

How is North District of California? Does anyone file 1447(b) petition in North District of California (San Francisco and Oakland areas)? I just download the Pro Se handbook from the web site of District Court North District of California. Please share your experience if you are in this area. Thanks a lot.

syt,
I am going to file in the Northern District of CA, San Francisco (targeting for June 5). I'll be sharing any helpful information I'll get through my own experience.
Meanwhile, do a search in this forum for horiba, olgat, qim. I think they are all in the SF area.
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
3/1/06 - 1st Status letter from USCIS: pending FBI background check
4/20/06 - Contacted Congresswoman's office (response: "You misunderstood the 120-day rule. FBI can take as much time as they want to do the background investigation.")
5/8/06 - 2nd Status letter from USCIS: pending FBI background check
5/22/06 - Sent an FOIPA case status request to the FBI
Present - Preparing my 1447(b) Petition

 

[syt]

syt,
I am going to file in the Northern District of CA, San Francisco (targeting for June 5). I'll be sharing any helpful information I'll get through my own experience.
Meanwhile, do a search in this forum for horiba, olgat, qim. I think they are all in the SF area.

Thanks a lot buggin. I am preparing on writing the complain of 1447(b). I know it is too early for me. But, I'd like to have everything well prepared at the 121st day after my initial interview. Thank you so much again

 

[buggin]

I am going back to my country, I am not going to take this shit any more.
That's anonther crise for this gov.

Meshmesh,
Don't give up. You've been waiting for so long already. Believe me, I know how frustrating this could be. As all of you, I've been nothing but a model citizen, obeying the law, contributing to the community, paying lots of taxes, etc. With my passport I have to get a visa to every country I go. I am planning a trip to Europe in August and I have to get 2 visas, one of which I have to get in LA. This is very inconvenient and frustrating. I refuse to take it anymore. So, if it takes a lawsuit to get me naturalized, I am going to do that. Just another inconvenience...
Plese, reconsider giving up. People in this Forum as willing to provide as much support and help as you need.
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
3/1/06 - 1st Status letter from USCIS: pending FBI background check
4/20/06 - Contacted Congresswoman's office (response: "You misunderstood the 120-day rule. FBI can take as much time as they want to do the background investigation.")
5/8/06 - 2nd Status letter from USCIS: pending FBI background check
5/22/06 - Sent an FOIPA case status request to the FBI
Present - Preparing my 1447(b) Petition

 

[buggin]

Thanks a lot buggin. I am preparing on writing the complain of 1447(b). I know it is too early for me. But, I'd like to have everything well prepared at the 121st day after my initial interview. Thank you so much again

You are very welcome.
Here is a sample of a 1447(b) petition filed in the Norther District of CA. It is prepared by a lawyer, but it is very simple and to the point.
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
3/1/06 - 1st Status letter from USCIS: pending FBI background check
4/20/06 - Contacted Congresswoman's office (response: "You misunderstood the 120-day rule. FBI can take as much time as they want to do the background investigation.")
5/8/06 - 2nd Status letter from USCIS: pending FBI background check
5/22/06 - Sent an FOIPA case status request to the FBI
Present - Preparing my 1447(b) Petition

 

[Suzy977]

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?

Your mom's fears are understandable. Her little girl fighting the almighty, FBI and USCIS

Don't worry nobody is going to retaliate against you for taking them to the court

In fact you'll gain respect, you'll show them you're not a little mouse who hide under the bad waiting at their mercy.
Is your right, take advantage of it and sue them.

All the above are based on the assumption that you and your mom are clear, FBI or USCIS don't have anything against you in their records

 

[hadenuf]

To ls691035

Hi, I am filling WOM for i-485 delay, it is a little bit different, but here are similarities as well. For i-485 here is no time frame as well, and my receipt says it takes "between 850 and 900 days for us to process this kind of case", and I am filing about 480 days after application - based on their own processing time frames, and time it takes for completion of namecheck. It was a similar case with the same timeframe (Camilla Acosta) posted here somewhere, and she won. So, if you know it is NC you are delayed for, and can say - ok, normal time is less than a year, and mine is taken XXX days, - I think your chances are pretty good. I don't even think you need a good lawyer for this, if you are careful you can do it yourself. So, find some official documents stating the whole process usually takes X time, compare it with yours, and - yours is green light for WOM.

IMHO, of course . But if you don't do anything, nothing will happen for sure! And be careful with 100% chances for anything - you never know!

Can you please post Camilla acosta's case link if you still have it?. I looked all over on this thread for that case and could not find it.I am also stuck in this name check (I-485) mess for the last 13-14 months and have all the docs that say that I am stuck becuase the CIS is awaiting name check clearance. ALso if it is not a probelm with you, can you please post a scanned copy of your case.it will definitely be a big help for people like me.

 

[syt]

dispressmom,

No fear, no more tear. No risk but victory. Finght not only for your right but also for justice. If USCIS and FBI can do anything unfairly to you because you sue them, then we are not worth to stay here and this is not free land any more. Agree?