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

USPS left notice of undelivery.

For the following two address, USPS did not find anybody to sign. So left a "Undelivered mail Notice". I called and told USPS that these are summons and need to be delivered. They said that they will try to deliver this again after 5 days and if it is still undelivered, they will return the mail to sender.

What should I do.. please help ?

Evelyn Upchurch, Director
USCIS TSC
4141 St. Augustine Rd.
Dallas, TX 75227

Robert S. Mueller, Director
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Ave., NW
Washington, D.C. 20535-0001[/QUOTE]
 
TLongTLong said:
Thank you lazicis, lenaf and all the other friends in this forum. It is really heartwarming after being tortured by those bad guys for years. I will update my progress for my appeal and hopefully it can be of some help for other people who will follow on the same path.

Thanks!
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TLong,
You are welcome. This forum was a great inspiration for me as well. Do not be angry, upset, shy or intimidated by this ordeal. Do not be hesitant to post questions.
 
to sk0902

Do not worry, the addresses are the right ones and they have been used many times before. Just wait. If it ever comes back, just send it again, you have 180 days to serve summons and complaint. Hey, maybe those two persons have been fired? :)
 
lazycis said:
You can file a copy with the court, if you want to. Do not forget a certificate of service in that case. I think it is a good timing.
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Thank you very much. Pardon my ignorance. What is "certificate of service". Certified mail?
By the way, to file discovery, beside the letter, what else I need.
Thanks alot
 
lazycis said:
Lena,
First of all, congratulations! It seems that the real action works much better than a letter of intent :)
Not that it's very important, but instead of dismissal ask for remand of the matter to the USCIS.
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thanks a lot, LazyCIS, for all all FREE help. I was very lucky to come across this site.

I called the attorney office again and asked her to explain the difference between dismissing like this and remanding back to CIS. She said that there's no really a difference, in terms of protection for me. in both cases, CIS will put me inline for oath ceremony after paper is efiled. But she needed to run the 'remand back to CIS' with attorney or someone else. So, to save everyone's time I signed and faxed it back to her. It's dismissed without prejudice, so my way back to court is still open :)

I also wanted to thank AFC4 for help and all the rest members here.
 
Thanks. I will see how it goes.

lazycis said:
Do not worry, the addresses are the right ones and they have been used many times before. Just wait. If it ever comes back, just send it again, you have 180 days to serve summons and complaint. Hey, maybe those two persons have been fired? :)
Click to expand...

May be. Good Govt Strategy. :)
 
First of all, congrat on your success. Secondly, may I get the copy of your Opposition to MTD if you don't mind. Thanks,

2bcitizen said:
Got many information from this board. Just want to contribute and share my information.

1. N-400 filed on July 15, 2004
2. Fingerprint was done on January 18, 2005
3. Interviewed on July 28, 2005
4. Slammed with "FBI name checking pending" BS on numerous inquiries and Infopass appointment.
5. Filed lawsuit on August 1, 2007, pro se.
6. Government lawyer filed Motion To Dismiss and Remand on September 17, 2007.
8. Filed OPPOSITION within a week, pro se.
9. Government attorney informed me that the FBI name check is cleared on August 24, 2007. (about three weeks after the suit filed)
10. Took oath on October 18, 2007. (about two and half months after filing the suit).

Lessons learned:

1. FBI has all the information and can finish the name check within three weeks. However, without the lawsuit, they did nothing for two years.

2. You have to be smart about the law and took action. Government lawyer filed the Motion To Dismiss my case knowing that they can not win the case. If I did not file the Opposition, nothing will be changed.

3. Last but most importantly, if you have be interviewed and can not bear the wait, you can get your citizenship by filing a suit for $350 court fee (I filed in the district court in Virginia) and quit some work writing the Compliant and, possibly, the Opposition. But you will get your oath.

It took me five full days to research and write the Opposition.

Good luck!
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sk0902 said:
For the following two address, USPS did not find anybody to sign. So left a "Undelivered mail Notice". I called and told USPS that these are summons and need to be delivered. They said that they will try to deliver this again after 5 days and if it is still undelivered, they will return the mail to sender.

What should I do.. please help ?

Robert S. Mueller, Director
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Ave., NW
Washington, D.C. 20535-0001
Click to expand...
[/QUOTE]

I used the same exact address successfully at the beginning of Sep.
 
lenaf said:
thanks a lot, LazyCIS, for all all FREE help. I was very lucky to come across this site.

I called the attorney office again and asked her to explain the difference between dismissing like this and remanding back to CIS. She said that there's no really a difference, in terms of protection for me. in both cases, CIS will put me inline for oath ceremony after paper is efiled. But she needed to run the 'remand back to CIS' with attorney or someone else. So, to save everyone's time I signed and faxed it back to her. It's dismissed without prejudice, so my way back to court is still open :)
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On remand the court retains jurisdiction so if N-400 is denied, you can ask court to schedule a hearing and overturn the denial. Not that I anticipate this scenario in your case, you should be just fine because you are lucky :)
 
lazycis said:
On remand the court retains jurisdiction so if N-400 is denied, you can ask court to schedule a hearing and overturn the denial. Not that I anticipate this scenario in your case, you should be just fine because you are lucky :)
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that's quite a difference. I pray I won't have to go back to court again (my luck may run out :) ). I've asked that paralegal about how my application was decided upon, and she said that is was granted, as far as she knew. So I hope for the best.
 
update on my case

Had a telephonic status conference with Judge Papak and AUSA. Main purpose was to update the Judge with the various changes in the factual situation. Judge wants me to submit a supplimental motion by this Friday. AUSA has 2 weeks to reply. Then 1 week for me reply and then order. Basically the question is whether USCIS delay is unreasonable or not, whether USCIS needs a visa number at the time of adjudication....

USCIS argues that the delay is not unreasonable (or atleast the AUSA has alluded his line of thinking) because the RFE that we answered in Aug. 2006 was not conclusive in removing some eligibility questions w.r.t. spouse. I don't know what the judge requires in this supplimental motion I'll keep the board updated.
 
AGC4ME said:
Had a telephonic status conference with Judge Papak and AUSA. Main purpose was to update the Judge with the various changes in the factual situation. Judge wants me to submit a supplimental motion by this Friday. AUSA has 2 weeks to reply. Then 1 week for me reply and then order. Basically the question is whether USCIS delay is unreasonable or not, whether USCIS needs a visa number at the time of adjudication....

USCIS argues that the delay is not unreasonable (or atleast the AUSA has alluded his line of thinking) because the RFE that we answered in Aug. 2006 was not conclusive in removing some eligibility questions w.r.t. spouse. I don't know what the judge requires in this supplimental motion I'll keep the board updated.
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If RFE response was inconclusive, why not issue another RFE instead of refusing to decide at all? Overall, eligibility/admissibility question is pretty strait forward (I've gone thru this with another member). It's not rocket science. Would you PM me details?
 
lazycis said:
If RFE response was inconclusive, why not issue another RFE instead of refusing to decide at all? Overall, eligibility/admissibility question is pretty strait forward (I've gone thru this with another member). It's not rocket science. Would you PM me details?
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The eligibility question has been answered. USCIS has looked at her BC and is convinced that it is true. They are saying that a visa number is not available now. back to the old game. Apparently for me they were able to scrap some number from somewhere.
 
AGC4ME said:
When their documents showed that my name had a hit I literally panicked.
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AGC4ME,
Did you actually receive FBI documents that showed how your name got a hit? Can you provide some more details?

Was the name exactly same as yours?
Was it your first name? Last?
Was it in a "reference file" or "main file"?
Was the person referenced actually you?
Why was the name in FBI's file?
Any other detail you can provide (without providing personal details). Thus far there have been only conjectures or theories as to how a name hit occurs. Some more details will be extremely useful.

Thank you!
 
rollingstone said:
AGC4ME,
Did you actually receive FBI documents that showed how your name got a hit? Can you provide some more details?

Was the name exactly same as yours?
Was it your first name? Last?
Was it in a "reference file" or "main file"?
Was the person referenced actually you?
Why was the name in FBI's file?
Any other detail you can provide (without providing personal details). Thus far there have been only conjectures or theories as to how a name hit occurs. Some more details will be extremely useful.

Thank you!
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Good luck finding all those details. All they will say is that the name had a hit. Rest of them will be blocked out for security purposes.
 
lazycis question for you

In Concise Statement of Facts should each point be backed by documentary evidence ?

Both AUSA and I know that spouse was terminated from her employment. Should I actually attach an affidavit or letter from employer to prove this ?
 
AGC4ME said:
Good luck finding all those details. All they will say is that the name had a hit. Rest of them will be blocked out for security purposes.
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Atleast they could tell how many hits. They are promising something if it is a single hit ( like contractors working in resolving namehit ). If some name happen to have 100s of hits, i wonder whether such names will ever clear.
In Immigration voice forum it was mentioned that old name checks gets still older because they recheck such cases and possibly extra hits happen.
 
USCIS asked to bring tax returns of last 8 years.

Dear Friends,
I need your advise and suggestions urgently on the following:
My case seems to be getting close to resolution. I received an interview appointment letter dated Oct 19, today. The interview is scheduled for Oct 24. I have only one day to prepare the documents. They have asked for my income tax returns and W-2s from 1999-2006 (last eight years). This has really made me upset, as according to statute of limitations, we need to save our tax returns for the last three years. I called IRS today, and they faxed me the account transcripts from 1999 and onwards.
I have records of my tax returns that I filed (2002-2006).
I have my W-2s for (2000-2006)
I received IRS account transcripts for tax years (1999-2006)
IRS told me that they only keep the tax returns for the last six years, but tax return transcripts for the last 10 years. So even if I want to, I cannot get my tax retruns for 1999-2001. Not sure what the Adjudication officer will do.
Any ideas and suggestions will be appreciated. Please note that my interview is early morning on Oct 24. So all I have is one day to make preparation.
 
Post my question again.

patricia_432 said:
Thanks LazyCis. And I think Hiran "Big Mistakes" is absolutely right. I decide to file my lawsuit asap.

My husband was primary of I-140, which was approved Jan 2006. My husband and my kid both got their GC April 2006. I'm stuck by NC till now. Someone mentioned similian case, the AUSA argued this kind of pending starts from I-140 approval instead of the actual time USCIS submitted my NC to FBI. Any thing I should pay more attaintion? Any suggetion before I file my lawsuit? Thanks.
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Repeat my question again. I'm a benefitiary of I-485. The primary received his GC a year ago. Do I have to mention the primary and I-140 in my Complaint? Acturally, I don't want to mention it at all. But worried, I may have to explain it later to the court. Thanks.
 
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