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

We are a group of 5 and looking for more people to file a class action in the 9th circuit court of San Francisco.
We are looking for fellas stuck in name check process for over a year and a great lawyer to represent us. Pls. respond to my post. I have been stuck with name check for 18 months now :-(((
 
Hello,

Discovery - is it helpful?

I wonder if I should reqest Discovery. 1447b case. I moved over a year ago to a different state/cis district but regardless of my multiple request, I have always been told that my file case is still in the previous office. I received change of address confirmation last year so my address is updated, but the N400 package is not in local office.

After I filed the lawsuit, AUSA also requested my file to be transferred to local office 4 months ago in order to expedite the process, but today I was told my file is still in the old office and status is "pending security clearance" even though my NC was completed nearly 1.5 years ago. Now AUSA is 2.5 weeks overdue the deadline of answer.

I am thinking about requesting a Discovery, hope that with the court subpoena at least I can get my file transferred and verified it's still there instead of lost. But I heard this Discovery will take months, do you think this is a good or bad idea?

I wonder how many of you have gone through Discovery? How long did it complete? Did it help overall?

Thanks a lot!
 
ziryab

excellent decision to file a class law suit !!!!
I can get you a contact info of a lawyer to ask for her opnion (in CA)
she was an ex-FBI
 
WOM still works ... but takes time

Hello Folk,

Long time reader of this thread but first time poster. Just got Approval emails for 485. I was stuck n FBI Name check since Dec'04. Filed WOM in CA Central District through an attorney but they kept it extending untill judge refused to grant further extension, I guess that pushed AUSA/CIS to push it through approval. So I think WOM is still an useful tool to have some cap on how far FBI name check will remain stuck.

Hope people stuck in Name check will see light at the end of tunnel soon and maintain optimistic view (however difficult it may be) till then.
 
toolong2 said:
Hello,

Discovery - is it helpful?

I wonder if I should reqest Discovery. 1447b case. I moved over a year ago to a different state/cis district but regardless of my multiple request, I have always been told that my file case is still in the previous office. I received change of address confirmation last year so my address is updated, but the N400 package is not in local office.

After I filed the lawsuit, AUSA also requested my file to be transferred to local office 4 months ago in order to expedite the process, but today I was told my file is still in the old office and status is "pending security clearance" even though my NC was completed nearly 1.5 years ago. Now AUSA is 2.5 weeks overdue the deadline of answer.

I am thinking about requesting a Discovery, hope that with the court subpoena at least I can get my file transferred and verified it's still there instead of lost. But I heard this Discovery will take months, do you think this is a good or bad idea?

I wonder how many of you have gone through Discovery? How long did it complete? Did it help overall?

Thanks a lot!
Click to expand...

You may send a discovery request to AUSA even though in 1447b case all you need to prove is that interview happened more than 120 days ago. You can actually request a copy of your A-file as part of discovery. You can request the USCIS to provide it within 30 days. AGC4Me went thru this process. If you need a template, let me know.
 
Need to amend the complain?

Hello all,

I am a new member here, although I have been following this thread for a while, and learned a lot from everybody here. Thank you all!

I have a quick question. I filed a complain with helps from this forums last month (Sept 24) along with my wife. I-485 case NC pending for 3 years, my wife is the primary applicant. After we filed the case, a couple days later, my wife's 485 was approved, of course that was not because of this lawsuit. But my NC is still pending based on info query. Since my wife would not be a plaintiff anymore, my question is whether I need to amend my complain or not? I haven't contacted my AUSA yet, and I haven't heard anything from them either.

Thank you very much!
 
Woodland said:
Hello all,

I am a new member here, although I have been following this thread for a while, and learned a lot from everybody here. Thank you all!

I have a quick question. I filed a complain with helps from this forums last month (Sept 24) along with my wife. I-485 case NC pending for 3 years, my wife is the primary applicant. After we filed the case, a couple days later, my wife's 485 was approved, of course that was not because of this lawsuit. But my NC is still pending based on info query. Since my wife would not be a plaintiff anymore, my question is whether I need to amend my complain or not? I haven't contacted my AUSA yet, and I haven't heard anything from them either.

Thank you very much!
Click to expand...

Woodland,
No need to amend complaint until you get a second approval :) Seriously.
 
toolong2 said:
Hello,

Discovery - is it helpful?

I wonder if I should reqest Discovery. 1447b case. I moved over a year ago to a different state/cis district but regardless of my multiple request, I have always been told that my file case is still in the previous office. I received change of address confirmation last year so my address is updated, but the N400 package is not in local office.

After I filed the lawsuit, AUSA also requested my file to be transferred to local office 4 months ago in order to expedite the process, but today I was told my file is still in the old office and status is "pending security clearance" even though my NC was completed nearly 1.5 years ago. Now AUSA is 2.5 weeks overdue the deadline of answer.

I am thinking about requesting a Discovery, hope that with the court subpoena at least I can get my file transferred and verified it's still there instead of lost. But I heard this Discovery will take months, do you think this is a good or bad idea?

I wonder how many of you have gone through Discovery? How long did it complete? Did it help overall?

Thanks a lot!
Click to expand...

I went through discovery. I requested discovery from both FBI and USCIS. I one-two weeks we received respond from both. USCIS send us entire A-file. However, it's included just info you submitted to them during years of your application for GC. FBI reply with couple screen shots with some unsignificant info. But you can request more info after that. We insisted that ther is not enough info to move to the trial and submitted list of the questions (you can find it in this tread). We never move for subpoena, because we got our case approved. But I was ready to file it.
 
To will_get_there1 and others

I read somewhere on this forum before, that after you got GC approval after WOM you can ammend or request that dates of your perm residency moved back to the day you apply for I-485? Is it real?
 
I got it

hello everybody
i have a good new. i got the oath letter for nov8.at the same day i get voice mail call from susa. ididn t return the call.messge that the susa fill the motion to didmiss and memorandum in support.

Big thankyou to all membre of this forum. lotech lazycis...... to all
 
nastena said:
I read somewhere on this forum before, that after you got GC approval after WOM you can ammend or request that dates of your perm residency moved back to the day you apply for I-485? Is it real?
Click to expand...

If that is possible that would be great. However we don't want to be too greedy here.
 
man400 said:
hello everybody
i have a good new. i got the oath letter for nov8.at the same day i get voice mail call from susa. ididn t return the call.messge that the susa fill the motion to didmiss and memorandum in support.

Big thankyou to all membre of this forum. lotech lazycis...... to all
Click to expand...

man400,
Great News! You did it. Good luck at the oath my friend!
 
nastena said:
I read somewhere on this forum before, that after you got GC approval after WOM you can ammend or request that dates of your perm residency moved back to the day you apply for I-485? Is it real?
Click to expand...

If you find the way, let us know. The federal law does not provide for backdating GC under 8 usc 1255 (one exception is refugee AOS under 1159):
"Upon the approval of an application for adjustment made under subsection (a) of this section, the Attorney General shall record the alien’s lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made"

So to backdate GC, we need either a new law or a cause to raise a constitutional right violation. Because AOS is an application for discretionary benefit, it will be difficult to build a consitutional claim (i.e due process is not applicable). It may be possible, but I am not aware of it.
 
Success!

I got a call yesterday from CIS. I am scheduled for the oath ceremony next Thursday!!

This forum has been an amazing resource for me in clearing the naturalization hurdles and without people like lazycis and publicus (who started this thread), it would have been damn near impossible for me to gather the courage to file the lawsuit and be successful in less than 3.5 months. Thank you so much!!!
 
man400 said:
thankyou lotechguy,
what i shoud do now to cancel the court. my vacation finish on nov 2
Click to expand...

The AUSA is going to send you (could be mail, email, fax) a Stipulation and Order of Remand and Dismissal for you to sign. Once you have signed it, return it (i faxed mine) to the AUSA and he/she will sign it and submit it for the presiding judge in your case to sign as well. And once that is done, your case will be dismissed.
 
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