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

USCIS request for 2nd interview

Hi all,

First, thanks for running and participating in this great forum.

I have filed a case against USCIS back in November 2007 (was interviewed April 2006 and the Name Check did not clear). I filed the case with an attorney based on the 120 day role.

The case was scheduled by a sacramento judge for Feb 2008 (other dates happen in between like investigation deadline, ...).

Anyway, my attorney just informed me that the US Attorney asked him to remand the case to USCIS so they can re-interview me (no reasons given).

Can you guys give me your openion on this, is this good news or should I choose to fight it?

Thanks in advance for your advice.
 
Alex72 said:
Hi all,

First, thanks for running and participating in this great forum.

I have filed a case against USCIS back in November 2007 (was interviewed April 2006 and the Name Check did not clear). I filed the case with an attorney based on the 120 day role.

The case was scheduled by a sacramento judge for Feb 2008 (other dates happen in between like investigation deadline, ...).

Anyway, my attorney just informed me that the US Attorney asked him to remand the case to USCIS so they can re-interview me (no reasons given).

Can you guys give me your openion on this, is this good news or should I choose to fight it?

Thanks in advance for your advice.
Click to expand...

First of all, ask AUSA to provide reasons and authority for USCIS to conduct a second interview. If you have nothing to hide, you may agree, but take an attorney with you and do not answer any questions before you consult with an attorney.
My reasoning is that going for it may lead to resolution earlier than Feb 2008.
Otherwise, insist on court hearing upon your application as the law does not provide USCIS authority to conduct a second interview.
 
I'm new here, I want to do WOM, hope u guys can help me, thanks

I'm new here, I want to do WOM, hope u guys can help me, thanks
 
which district court should I file my complaint.

I'm new here, I want to do WOM, hope u guys can guide me, thanks.
I reside in middle Pennsylvania, so I called Middle Pennsylvania District Court. But they told me that they never did this kind of case before.
Someone told me that I can file the complaint to East Pennsylvania District Court, since the USCIS local office is in Philadelphia, which belongs to East Pennsylvania District Court. So i called East Pennsylvania District Court and they told me I should file to Middle Pennsylvania District Court. Anyone had same experience like me? Any suggestion.
Thanks
 
dragon66 said:
I'm new here, I want to do WOM, hope u guys can guide me, thanks.
I reside in middle Pennsylvania, so I called Middle Pennsylvania District Court. But they told me that they never did this kind of case before.
Someone told me that I can file the complaint to East Pennsylvania District Court, since the USCIS local office is in Philadelphia, which belongs to East Pennsylvania District Court. So i called East Pennsylvania District Court and they told me I should file to Middle Pennsylvania District Court. Anyone had same experience like me? Any suggestion.
Thanks
Click to expand...

Glad to help you out here. You should file the case in Middle Pennsylvania District Court. Well if they haven't dealt with such a case before, you are the trend setter. My case is the second case in the entire state of Oregon. Another member here, was the first one to file such a case in Oregon. So if you don't mind telling is yours I-485 or Naturalization ?
 
dragon66 said:
I'm new here, I want to do WOM, hope u guys can guide me, thanks.
I reside in middle Pennsylvania, so I called Middle Pennsylvania District Court. But they told me that they never did this kind of case before.
Someone told me that I can file the complaint to East Pennsylvania District Court, since the USCIS local office is in Philadelphia, which belongs to East Pennsylvania District Court. So i called East Pennsylvania District Court and they told me I should file to Middle Pennsylvania District Court. Anyone had same experience like me? Any suggestion.
Thanks
Click to expand...

You need to file in the district court where either you reside or the defendant's office is. BTW are you victim of I-485 or N-400?
 
dragon66 said:
I'm new here, I want to do WOM, hope u guys can guide me, thanks.
I reside in middle Pennsylvania, so I called Middle Pennsylvania District Court. But they told me that they never did this kind of case before.
Someone told me that I can file the complaint to East Pennsylvania District Court, since the USCIS local office is in Philadelphia, which belongs to East Pennsylvania District Court. So i called East Pennsylvania District Court and they told me I should file to Middle Pennsylvania District Court. Anyone had same experience like me? Any suggestion.
Thanks
Click to expand...

use this link to find your district court:
http://www.uscourts.gov/courtlinks/
just select option "district court" and enter your zip code.
 
T-number request through USCIS 800 number?

nmchkvic said:
thank you lazycis, thanks you verymuch.
i wanted to share a letter received from USCIS today...

as per the service request raised by me on jul 13th..
i received a letter prepared and mailed on aug 3oth.
it says


"
the status of this service request is:
based on your request we researched the status of this case.we are actively processing this thime.however, we have to perform additional review on this case and has caused longer processing time.if you do not receive a decision or other notice of action from us with in 60 days of this letter,please call customer sevice at the number provided below.158"


after reading this i have plenty of question because according to infopass and senators enquiry i am stuck in name check? since jan 2005.
i understand from this letter may i am gonna get another letter with in 60 days.. saying that i stuck under name check??
CAN YOU GUYS PLAESE COMMENT/SUGGEST ..on this
thanks
Click to expand...

My former lawyer said that this is joke. These requests do not work.
I filed myself 3 of such requests and always get answer like this.
I am wondering if Michael Chertoff [grand]parents were delayed in the same
way when they emigrated.
 
thanks for your reply,

thank you very much for your reply, i filed I-140 & I-485 to VSC on Dec 22, 2004 under NIW. my I-140 approved on Jun 1, 2005. my case transfered from VSC to TSC in March 7, 2007.
So it's more than 1000 days after i filed I-485. I called USCIS 4 times. Sent letters to senator, first lady, FBI and TSC many times. I went to infopass last week and my name check still pending in FBI. the officer there told me my name check was sent to FBI in Feb 4, 2005.
So I decided to do the WOM myself. Thank you for your help. I really need it.
 
dragon66 said:
thank you very much for your reply, i filed I-140 & I-485 to VSC on Dec 22, 2004 under NIW. my I-140 approved on Jun 1, 2005. my case transfered from VSC to TSC in March 7, 2007.
So it's more than 1000 days after i filed I-485. I called USCIS 4 times. Sent letters to senator, first lady, FBI and TSC many times. I went to infopass last week and my name check still pending in FBI. the officer there told me my name check was sent to FBI in Feb 4, 2005.
So I decided to do the WOM myself. Thank you for your help. I really need it.
Click to expand...

Here is a sample for a AOS lawsuit.
http://boards.immigration.com/attachment.php?attachmentid=16571&d=1182786004
Put your info in, read page 1 of this forum and file a civil action. If you have any questions, just ask.
 
my case update

OK, today the court clerk entered return of my executed summons in Pacer.
The answer from defendant is due 11.7.07.
I'm planning to call AUSA in 3 weeks or so to ask if they need anything else from me.
 
court transcript of the hearing

If you and your lawyer both showed up for the hearing, and you find you disagree with what your lawyer said, what's the appropriate way to address the issue? Can you address the judge directly to clarify? Or your lawyer has the sole right of speech.

Suppose this lawyer's client finds out what he did in court from court transcripts, he/she really should think again if hiring this lawyer is a mistake.


Slow_CIS said:
For those of us who have hired an attorney;
I had gone to the courtroom for a hearing scheduled a week prior to my own MTD hearing in order to get some idea. I was surprised about the conversation between the attorney for immigrant and the AUSA. It was surprising how sympathetic the attorney was with the USCIS and FBI. He was actually citing an unfavorable case in the district in which MTD was granted in a 50 months delayed name check. He added when 50 months is reasonable, two years (his client case) for sure would not be unreasonable. To ensure he is defending his client, he added that he is very conservative and believes that no one should mess with FBI name check.
The bottom-line is that make sure you appear in court for hearing even if you have an attorney so that he cannot betray you or downplay your case.
Click to expand...
 
slow_CIS, which district court you belong?

Slow_CIS said:
For those of us who have hired an attorney;
I had gone to the courtroom for a hearing scheduled a week prior to my own MTD hearing in order to get some idea. I was surprised about the conversation between the attorney for immigrant and the AUSA. It was surprising how sympathetic the attorney was with the USCIS and FBI. He was actually citing an unfavorable case in the district in which MTD was granted in a 50 months delayed name check. He added when 50 months is reasonable, two years (his client case) for sure would not be unreasonable. To ensure he is defending his client, he added that he is very conservative and believes that no one should mess with FBI name check.
The bottom-line is that make sure you appear in court for hearing even if you have an attorney so that he cannot betray you or downplay your case.
Click to expand...
 
Hello,

My judge granted the Motion to Extend for 60 days and he sent out one more letter titled as "decision and order", saying that the defendants shall file their brief in reponse to my petition no later than that 60th day.

Does this "order" mean a final decision should be made at that time? i.e. if by that day USCIS/FBI it's still not finished, he will deny another Motion to Extend and make a decision for me to get natualized or not?

Thanks!
 
Alex72, you should go to this 2nd interview, but you need to add this restriction to your remand, ask them to finish up name check and adjudicate your Nat'n expeditiously following this 2nd interview (suppose you have a successful interview, you should if you have nothing to hide), and reserve the right to reopen the case if they fail to do so. Good luck!

Alex72 said:
Hi all,

First, thanks for running and participating in this great forum.

I have filed a case against USCIS back in November 2007 (was interviewed April 2006 and the Name Check did not clear). I filed the case with an attorney based on the 120 day role.

The case was scheduled by a sacramento judge for Feb 2008 (other dates happen in between like investigation deadline, ...).

Anyway, my attorney just informed me that the US Attorney asked him to remand the case to USCIS so they can re-interview me (no reasons given).

Can you guys give me your openion on this, is this good news or should I choose to fight it?

Thanks in advance for your advice.
Click to expand...
 
Setmefree,
For the initial WOM, some lawyers charge 2K, some charge unreasonably high like 5K, in that case, you may well file your WOM on your own, this forum has a lot of good examples. You may need a lawyer when case bacomes complicated later on, but still in this forum, a few 'fighters' still doing on their own even at the appeal stage. Once your fight end up in court room, lawyers can charge much more. A lot MTDs resolved without going to court.

setmefree said:
Peaceman, thanks for taking the time to respond. May I ask what Peerally charged you and what some of the other quotes were?

A general question for the veterans -- do all MTDs involve a hearing? Or does it sometimes happen that the MTD and the Opposition to the MTD briefs are filed and the judge just rules on them?

The reason I ask is that apparently many attorneys do not include time spent in court as part of the services covered by the WOM retainer.

Thanks again, you all are just amazing.

Setmefree
Click to expand...
 
Originally Posted by setmefree
Peaceman, thanks for taking the time to respond. May I ask what Peerally charged you and what some of the other quotes were?

A general question for the veterans -- do all MTDs involve a hearing? Or does it sometimes happen that the MTD and the Opposition to the MTD briefs are filed and the judge just rules on them?

The reason I ask is that apparently many attorneys do not include time spent in court as part of the services covered by the WOM retainer.

Thanks again, you all are just amazing.

Setmefree
Click to expand...

Bou said:
Setmefree,
For the initial WOM, some lawyers charge 2K, some charge unreasonably high like 5K, in that case, you may well file your WOM on your own, this forum has a lot of good examples. You may need a lawyer when case bacomes complicated later on, but still in this forum, a few 'fighters' still doing on their own even at the appeal stage. Once your fight end up in court room, lawyers can charge much more. A lot MTDs resolved without going to court.
Click to expand...


Thanks for taking the time to reply, Bou.

So what determines whether a MTD will be dealt with just through briefs or whether it will require a hearing? Any examples from the Northern District of CA?
 
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