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

wom timing

Hi lazycis,

I was just wondering what would happen if I file the WOM in San Jose, CA, at 1 year 4 month mark of the 485 RD. Worst scenario would be that I would lose the case. Would it have any negative impact on my further processing of my case by the uscis? Thanks a lot for your time.
 
Hi vine95050,

Sorry, I am a mortal man, just like you, and I do not know the future :) Risk is minimal if you have nothing to hide, the worst they can do is to question you at the interview.
 
duggils1 said:
Is anyone considering joining the group lawsuit being proposed by their law offices? I sent them my case details a few days ago but I am still not 100% sold on this. However, I am going to join their conf. call scheduled for Friday the 26th to find out more details such as the fee, downside risks etc.

Just wondering if anyone out here is also thinking about this.
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I too sent them email about it, but they responded saying that they are only taking cases that are pending for a minimum of 2 years.
 
duggils1 said:
Is anyone considering joining the group lawsuit being proposed by their law offices? I sent them my case details a few days ago but I am still not 100% sold on this. However, I am going to join their conf. call scheduled for Friday the 26th to find out more details such as the fee, downside risks etc.

Just wondering if anyone out here is also thinking about this.
Click to expand...

I am not aware of any class action by Murthy's firm and I seriously doubt that it can be involved in a class action.
 
lazycis said:
Hi vine95050,

Sorry, I am a mortal man, just like you, and I do not know the future :) Risk is minimal if you have nothing to hide, the worst they can do is to question you at the interview.
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Thanks for your response, lazycis. I understand.. I guess what I'm trying to get at is - in Northern CA, is there a precedence of wom cases filed and won at one year or one year 3 month mark? I don't think i have anything to hide.. my pd is nov 2002 and it's really frustrating to go thru this ironical mess - security check completed in n number of years.. Thanks once again. Best..
 
lazycis said:
I am not aware of any class action by Murthy's firm and I seriously doubt that it can be involved in a class action.
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lazycis,
I am not sure if you can call it a class action suit but more like they want to file a bunch of individual cases at the same time. I think by taking this group approach they can cut back the man hours and *hopefully* charge lesser fee. On the other hand, this could just be another creative way/gimmik to milk the name check sufferers. Surely, the economics would make sense. (Even if they can tap into 1% of the total name check sufferers that would still be a lot of money).

I will know exactly what they are up to on this Friday.
 
As far as I know, Murthy's firm does not do federal litigation that's why I am sceptical about it. Make sure it's a real deal before you get into it.
If it was initiated by AILF/AILA/ALCU, that would be a different story.
 
lazycis said:
As far as I know, Murthy's firm does not do federal litigation that's why I am sceptical about it. Make sure it's a real deal before you get into it.
If it was initiated by AILF/AILA/ALCU, that would be a different story.
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Below is the email I received from their office. What do you make of this?

"Thank you for your inquiry about a possible mandamus lawsuit to be filed by our law firm. As you may know, our lawsuit will have a limited number of plaintiffs who are in a similar situation. At this time, we have already contacted our first group of perspective clients, but we will keep your name and contact information so that we are able to contact you if/when additional spots become available.

We look forward to assist you and your family with your immigration cases. "
 
vine95050 said:
Thanks for your response, lazycis. I understand.. I guess what I'm trying to get at is - in Northern CA, is there a precedence of wom cases filed and won at one year or one year 3 month mark? I don't think i have anything to hide.. my pd is nov 2002 and it's really frustrating to go thru this ironical mess - security check completed in n number of years.. Thanks once again. Best..
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I am not aware of recent victorious cases where the wait was less that 18 months. There is a precedent where 15 month delay was considered reasonable. So I recommend you to wait a couple more months.
 
lazycis said:
I am not aware of recent victorious cases where the wait was less that 18 months. There is a precedent where 15 month delay was considered reasonable. So I recommend you to wait a couple more months.
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Thanks for your response. I appreciate all your help.
 
stat said:
Is it legal/ok to take someone else's complaint and modify it to use it for your own 1447b lawsuit? I mean, how often does that happen? I found a really good one and want to use it, can I?
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These complaints all should have approximately the same content/structure. Of course, you should use your particular case and stick strictly to the facts, preferably to ones what you can proove with exhibits.
 
NC cleared?

I have just received an email from my congressman that FBI has cleared my name check this month. However, the LUD has not changed since 1/2/2007. I'd like to believe what I have just learnt but I think it could be a mistake and I'll really smile until I get the GC. Well, even if my NC is truely cleared, I still have to wait for my priority date to become current. What do you guys think? Should I get a infopass appointment or just to call the USCIS to confirm? May be asking the AUSA who is handling my WOM case?
 
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interview completed

So finally, my citizenship interview was completed today. It was a long one, took about 1 hour and 50 minutes. The Adjudications Officer was very courteous and polite. Basically, he went thru the N-400 line by line and confirmed what I had written was still true. I only needed to make one addition to my travel, one addition to my family composition, and modification of citation section. He then told me that everything looks ok, except that my fingerprints have expired. He put in a request for expedited fingerprints last week, and expects to get the results next week.
So my naturalization interview results form says: A decision cannot yet be made -- No action needs to be taken by the applicant -- Action will be taken once fingerprint results are available.
The AO verbally told me that he will get my oath scheduled on the first available oath ceremony, as soon as he receives the fingerprint results.
My court hearing date is October 29. AUSA recommended that I should sign the stipulation of dismissal that he will email me tomorrow.
 
w&w said:
I requested an affidavit about § 103.2(b)(18) a month ago. Haven't got the formal response yet. The AUSA mentioned that "we will likely take the position that you cannot request the agency to produce an affidavit through a request for production of documents". Any idea how I can respond?
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Here is what I think, and correct me if I'm wrong: if they provide that, and it indicates that they did not follow their SOP, then you can use it against them in your MSJ; if otherwise they refuse to provide that, then you use it against them in your MSJ anyways.
 
Another success in Northern California. My wife just took the oath today, conducted by the person we sue. :mad:
From everyone I know around me who did the civil cases, I gethered the following in our area :

a) You file your lawsuit in court.
b) AUSA take a look at your interview date.
c) There is an internal agreement between USCIS and AUSA if between your interview date and lawsuit time is longer than a certain period, there will be an automatic request for FBI to speed up your name check.
d) You get your oath letter/fingerprint in a few months.

All the MTD, court dates are smoking mirrors. Once your lawsuit started AND you pass your USCIS pre-determined "suffering time" between interview and lawsuit, your oath letter is in auto pilot.

Don't even bother to answer the MTD because your will get your oath letter before that.

You know your application is done when the AUSA called and ask for joint dismiss statement but "can't guarantee 100% approval". That is BS and they have already send you your oath letter and just trying to use the last leavage to dismiss the case.

The real question is how long is the "suffering period". And my guess is how much USCIS is willing to prioritize the ever increasing lawsuits. That period seems to be growing as the number of cases are increasing in my area. I know cases with as short as two months after 120 days in last year to about a year after 120 days this year.

All of the above is for N400 appication though.
 
duck008 said:
I have just received an email from my congressman that FBI has cleared my name check this month. However, the LUD has not changed since 1/2/2007. I'd like to believe what I have just learnt but I think it could be a mistake and I'll really smile until I get the GC. Well, even if my NC is truely cleared, I still have to wait for my priority date to become current. What do you guys think? Should I get a infopass appointment or just to call the USCIS to confirm? May be asking the AUSA who is handling my WOM case?
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That's definitely a good news. The LUD doesn't matter and it is never accurate. Confirm with either AUSA or Infopass should be fine. Regarding visa availability, AGC4ME has some good arguments in his MSJ. Remember it's possible that USCIS has reserved a visa number for you so they can adjudicate your case right away. That's what happened to AGC4ME.
 
duck008 said:
Here is what I think, and correct me if I'm wrong: if they provide that, and it indicates that they did not follow their SOP, then you can use it against them in your MSJ; if otherwise they refuse to provide that, then you use it against them in your MSJ anyways.
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I agree. As lazycis pointed out, I have also requested documents related to 8 C.F.R. § 103.2(b)(18) so they have to answer that. It's hard to believe that USCIS doesn't even bother to follow 8 C.F.R. § 103.2(b)(18) but I haven't seen in any case where USCIS prove that they follow the procedure. Maybe it increases too much workload to them, considering the number of cases pending more than 6 months.

My AUSA is surprisingly responsive when I email him about the status of the request for documents. I'm hoping that they are working on the NC.
 
Mt-100,

That's very good news; congratulation to you. I sent some messages in your PM couple of weeks ago and assume you were busy in your interview preparation. Anyhow, please reply me in your first free time. Thanks,

mt100 said:
So finally, my citizenship interview was completed today. It was a long one, took about 1 hour and 50 minutes. The Adjudications Officer was very courteous and polite. Basically, he went thru the N-400 line by line and confirmed what I had written was still true. I only needed to make one addition to my travel, one addition to my family composition, and modification of citation section. He then told me that everything looks ok, except that my fingerprints have expired. He put in a request for expedited fingerprints last week, and expects to get the results next week.
So my naturalization interview results form says: A decision cannot yet be made -- No action needs to be taken by the applicant -- Action will be taken once fingerprint results are available.
The AO verbally told me that he will get my oath scheduled on the first available oath ceremony, as soon as he receives the fingerprint results.
My court hearing date is October 29. AUSA recommended that I should sign the stipulation of dismissal that he will email me tomorrow.
Click to expand...
 
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