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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
N400-Misery
Registered Users (C)
Potential WoM
Dear fellow sufferers,
Your efforts and cooperation are greatly appreciated by thousands of USCIS victims out there.
Some of us stay more quite than others, but I can assure you all that you're doing us all a great favor. From the bottom of my heart ..Thank you.
Slow_CIS, AGC4ME, LAZYCIS, OK-BOY, and many others .. Thank you for all your work and dedication to this cause.
I am in the process of building up for a WoM (N400) case in Houston TX.
1- If the judge dismissed the case and granted the MTD, can I file again ... Can I keep filing and pay the $350.00 over and over.. Or is appeal my only recourse.
2- If my case gets dismissed, can I still do some damage such as asking for a discovery from FBI NNCP, and USCIS, and possibly subpoena a big sh....t in the USCIS to come to court and testify. Or am I day-dreaming here.
3- What is the best way to get their attention?
Thanks
=====================
N400
PD: 11/08/06
FP: 12/08/06
ID: ????????
Infopass: Multiple
Reason: Pending Name Check
Dear fellow sufferers,
Your efforts and cooperation are greatly appreciated by thousands of USCIS victims out there.
Some of us stay more quite than others, but I can assure you all that you're doing us all a great favor. From the bottom of my heart ..Thank you.
Slow_CIS, AGC4ME, LAZYCIS, OK-BOY, and many others .. Thank you for all your work and dedication to this cause.
I am in the process of building up for a WoM (N400) case in Houston TX.
1- If the judge dismissed the case and granted the MTD, can I file again ... Can I keep filing and pay the $350.00 over and over.. Or is appeal my only recourse.
2- If my case gets dismissed, can I still do some damage such as asking for a discovery from FBI NNCP, and USCIS, and possibly subpoena a big sh....t in the USCIS to come to court and testify. Or am I day-dreaming here.
3- What is the best way to get their attention?
Thanks
=====================
N400
PD: 11/08/06
FP: 12/08/06
ID: ????????
Infopass: Multiple
Reason: Pending Name Check
halotinman
Registered Users (C)
Online delivery print-out is sufficient
The USPS online delivery print-out is sufficient. I used them when i filed my certificate of service.
Do I need to wait until the return receipts to file 2nd page of the summons form with the court? I have not yet gotten the return receipts (the green slip for certified mail) for most of the defendents. Only receipt for my local INS director. Can I use the status I printed out from the usps website? What if I don't get the return receipts?? I would appreciate any help/suggestions.
The USPS online delivery print-out is sufficient. I used them when i filed my certificate of service.
You mentioned motion to seal above. What if I want to remain private and protect identity? Will motion to seal allow for maintaining privacy? Plus, with all of the ID theft cases around, wouldn't it be smart to hide address and A#?
Yes. You can file a motion to seal your records. You must states a genuine reason and one that works with judges is identity theft. Heres; what you do, write to experian, equifax and TU credit reporting agencies and put a fraud aler on file. Take their reply and the fraud alert document and file with your motion stating that you are concerned about identity theft and have taken precautions by alerting credit reporting agencies and now want to seal your records with the court. They will seal only those docs that you request after the judge rules on the motion. I had 1 USCIS recepit sealed that had my date of birth. The judge okayed it.
Yes. You can file a motion to seal your records. You must states a genuine reason and one that works with judges is identity theft. Heres; what you do, write to experian, equifax and TU credit reporting agencies and put a fraud aler on file. Take their reply and the fraud alert document and file with your motion stating that you are concerned about identity theft and have taken precautions by alerting credit reporting agencies and now want to seal your records with the court. They will seal only those docs that you request after the judge rules on the motion. I had 1 USCIS recepit sealed that had my date of birth. The judge okayed it.
can I see your motion to seal? I'm filing pro se. Thanks
Dear fellow sufferers,
Your efforts and cooperation are greatly appreciated by thousands of USCIS victims out there.
Some of us stay more quite than others, but I can assure you all that you're doing us all a great favor. From the bottom of my heart ..Thank you.
Slow_CIS, AGC4ME, LAZYCIS, OK-BOY, and many others .. Thank you for all your work and dedication to this cause.
I am in the process of building up for a WoM (N400) case in Houston TX.
1- If the judge dismissed the case and granted the MTD, can I file again ... Can I keep filing and pay the $350.00 over and over.. Or is appeal my only recourse.
2- If my case gets dismissed, can I still do some damage such as asking for a discovery from FBI NNCP, and USCIS, and possibly subpoena a big sh....t in the USCIS to come to court and testify. Or am I day-dreaming here.
3- What is the best way to get their attention?
Thanks
=====================
N400
PD: 11/08/06
FP: 12/08/06
ID: ????????
Infopass: Multiple
Reason: Pending Name Check
1. You cannot file again in the same district. You'll have to appeal.
2. Before your case gets dismissed, initiate discovery. You can subpoena but be ready to fight it out.
3. WoM is the best way.
Now your signature says you filed N-400 just 10 months back. You may probably want to work on getting your complaint, letters to senators, FL, VP etc before filing WOM. That just builds your case. I will be hesitant to file a WoM before 18 months. Don't ask me why. It's just gut feeling. But hey 10 months is too long and I do agree. It's just a matter of the judge agreeing.
I'm quite agree with AGC4Me, you need to wait until 18 months or so. Mean while use all the available channels to convice the Judge that you have used all the venues. Mine case is almost the same as yours and I have been waiting for 13 months. I plan to file in the next Spring'08 (March-april) time-frame and mean while I'm making my case stronger by collecting all the evidences. Finally, the choice is yours...
1. You cannot file again in the same district. You'll have to appeal.
2. Before your case gets dismissed, initiate discovery. You can subpoena but be ready to fight it out.
3. WoM is the best way.
Now your signature says you filed N-400 just 10 months back. You may probably want to work on getting your complaint, letters to senators, FL, VP etc before filing WOM. That just builds your case. I will be hesitant to file a WoM before 18 months. Don't ask me why. It's just gut feeling. But hey 10 months is too long and I do agree. It's just a matter of the judge agreeing.
N400-Misery
Registered Users (C)
Thanks AGC4ME
It's not 10 month, it's exactly 363 days. I would not mind waiting for another year if I knew for sure that my case will be worked on at that time. From what I have been reading, it appears that the delay is increasing based on the simple math. They have over 329,000 cases and they're only capable of doing about 4500 cases a month, so expect 73.11 month of delay if your name had any hits on it. Please do not forget that every time someone wins a WoM or 1447b he/she jumps ahead of the line and that could add to the delays. When the judge gives the FBI 30 days to complete a name check, they literally have to pull as many people as possible from the main queue to finish the expedite request on time.
Please do not ask me where I got the numbers, I know I read it somewhere but can't remember.
If the HR3828 bill does not pass (Which I think it won't as the republican will be using the word "National Security" to get rid of the damn thing.) The FBI will take its sweet time to do whatever the hell they want, especially for those who did not have an interview.
Sorry if I sound pessimistic, I'm normally not, but I have never been in a situation where I felt so helpless, hopeless in my life. Even when I was back home with all the corruption going on, I was never in such mess.
There must be a way; this is a great country with great justice system!! Why are we treated like sub-humans?
I wish if the USCIS would be willing to charge those with name check delays an extra $3000 so the FBI could pay someone over time for two month to finish the darn thing.
Having heard so many horrible things about the Federal District court in Houston, I lose any hope I might possibly have from filing a WoM.
May God help us all.
Thanks
===============
N400
PD: 11/08/06
FP: 12/08/06
ID: ????????
Infopass: Multiple
Reason: Pending Name Check
1. You cannot file again in the same district. You'll have to appeal.
2. Before your case gets dismissed, initiate discovery. You can subpoena but be ready to fight it out.
3. WoM is the best way.
Now your signature says you filed N-400 just 10 months back. You may probably want to work on getting your complaint, letters to senators, FL, VP etc before filing WOM. That just builds your case. I will be hesitant to file a WoM before 18 months. Don't ask me why. It's just gut feeling. But hey 10 months is too long and I do agree. It's just a matter of the judge agreeing.
It's not 10 month, it's exactly 363 days. I would not mind waiting for another year if I knew for sure that my case will be worked on at that time. From what I have been reading, it appears that the delay is increasing based on the simple math. They have over 329,000 cases and they're only capable of doing about 4500 cases a month, so expect 73.11 month of delay if your name had any hits on it. Please do not forget that every time someone wins a WoM or 1447b he/she jumps ahead of the line and that could add to the delays. When the judge gives the FBI 30 days to complete a name check, they literally have to pull as many people as possible from the main queue to finish the expedite request on time.
Please do not ask me where I got the numbers, I know I read it somewhere but can't remember.
If the HR3828 bill does not pass (Which I think it won't as the republican will be using the word "National Security" to get rid of the damn thing.) The FBI will take its sweet time to do whatever the hell they want, especially for those who did not have an interview.
Sorry if I sound pessimistic, I'm normally not, but I have never been in a situation where I felt so helpless, hopeless in my life. Even when I was back home with all the corruption going on, I was never in such mess.
There must be a way; this is a great country with great justice system!! Why are we treated like sub-humans?
I wish if the USCIS would be willing to charge those with name check delays an extra $3000 so the FBI could pay someone over time for two month to finish the darn thing.
Having heard so many horrible things about the Federal District court in Houston, I lose any hope I might possibly have from filing a WoM.
May God help us all.
Thanks
===============
N400
PD: 11/08/06
FP: 12/08/06
ID: ????????
Infopass: Multiple
Reason: Pending Name Check
lazycis
I have received the briefing schedule from the COA clerk yesterday. As the schedule indicates, the joint appendix is due 10 days after my reply brief. I was under impression that it would be due upon the submission of my first brief.
1- Did you have the same experience regarding appendix timeline?
2- I have not yet contacted my AUSA who is the same person who was handling the lower court case. Is there any reason that I should contact him before filing my brief? I was thinking about doing so but could not think of any subject to discuss with him.
I have received the briefing schedule from the COA clerk yesterday. As the schedule indicates, the joint appendix is due 10 days after my reply brief. I was under impression that it would be due upon the submission of my first brief.
1- Did you have the same experience regarding appendix timeline?
2- I have not yet contacted my AUSA who is the same person who was handling the lower court case. Is there any reason that I should contact him before filing my brief? I was thinking about doing so but could not think of any subject to discuss with him.
1. No, for me appendix was due along with the brief. It makes little sense to file it separately as you have references to the appendix in your brief.
2. You can contact AUSA to dicuss the contents of the joint appendix.
Overall, how it is going? Are you done with your brief?
Glad you did not forget to upload opinions to the forum. Great job! How about MSJs granted to plaintiffs?
2. You can contact AUSA to dicuss the contents of the joint appendix.
Overall, how it is going? Are you done with your brief?
Glad you did not forget to upload opinions to the forum. Great job! How about MSJs granted to plaintiffs?
Last edited by a moderator:
I am working on my brief. I will certainly ask for your professional revision before I submit it, and then, I will share it with the forum. I will have till the first week of Dec. to submit my brief. Do you have any idea whether submitting my brief earlier would move the government deadline to respond to an earlier date? If not, it makes sense to use as much time as I have before my deadline.
I will search for favorable MSJs and post them if I find any.
By the way, did the COA grant your motion to expedite?
I will search for favorable MSJs and post them if I find any.
By the way, did the COA grant your motion to expedite?
Call to my AUSA attorney office
Just wanted to update,
just made a call to AUSA attorney's office about my case. She is as nice as human can be. She still remembers me from dropping of the summon. She told me that she is already inquiring about my case in CIS office. I reminded her that my case is stuck with FBI office and she told me that she is going to look into that, though it is hard to get hold of them. Asked me to call back by end of the month and hoped that the thing is resolved by then.
So what do you think guys, may be good news will for me?
Will keep you updated
Just wanted to update,
just made a call to AUSA attorney's office about my case. She is as nice as human can be. She still remembers me from dropping of the summon. She told me that she is already inquiring about my case in CIS office. I reminded her that my case is stuck with FBI office and she told me that she is going to look into that, though it is hard to get hold of them. Asked me to call back by end of the month and hoped that the thing is resolved by then.
So what do you think guys, may be good news will for me?
Will keep you updated
Please help!!!
I post this several days ago, but did not get any reply.
Basically, my MSJ has been pending before the judge for more than three months. It seems like that my case would be end up in another endless waiting as my petition with uscis. I am kind of loss hope and am so depressed. Is there any way to let the judge make a move? Dear board members, please, please, please give me your advices.
I post this several days ago, but did not get any reply.
Basically, my MSJ has been pending before the judge for more than three months. It seems like that my case would be end up in another endless waiting as my petition with uscis. I am kind of loss hope and am so depressed. Is there any way to let the judge make a move? Dear board members, please, please, please give me your advices.
Call to my AUSA attorney office
--------------------------------------------------------------------------------
hi sk0902
i wish you all the best on your case
i am trying to file wom asap,
could you please help me with complaint?
thanks in advance
--------------------------------------------------------------------------------
Just wanted to update,
just made a call to AUSA attorney's office about my case. She is as nice as human can be. She still remembers me from dropping of the summon. She told me that she is already inquiring about my case in CIS office. I reminded her that my case is stuck with FBI office and she told me that she is going to look into that, though it is hard to get hold of them. Asked me to call back by end of the month and hoped that the thing is resolved by then.
hi sk0902
i wish you all the best on your case
i am trying to file wom asap,
could you please help me with complaint?
thanks in advance
This is just a USCIS's BS and it is just to scare people so they don't file a lawsuit. There was a USCIS Memo in Feb 2007 that says the same thing and we have seen many cases getting resolved after that, including mine. So, this message should never stop anyone to file a lawsuit. Remember, USCIS is sick of all these lawsuits and they can use any propaganda to reduce these lawsuits and that is exactly what are doing. So, please everyone, let us keep fighting. Anyone need help in filing 1447b, please Pm me with your email address and I will send you all the files that you need. Good luck to all!
I signed the 120 days waiver two years ago under the direction of the immigration officer who gave me the exam interview, he told me I need to redo the application if there's no answer within 120days if I didn't sign it, sign the waiver is for my best interest. Can I still filing the 1447b? It has been delayed for 2 yrs.
I post this several days ago, but did not get any reply.
Basically, my MSJ has been pending before the judge for more than three months. It seems like that my case would be end up in another endless waiting as my petition with uscis. I am kind of loss hope and am so depressed. Is there any way to let the judge make a move? Dear board members, please, please, please give me your advices.
Unfortunately, I do not know what to do in such situation. Not a whole lot you can do after filing MSJ. Write a letter to the judge, explain the urgency in your case.
Check this article
http://www.nytimes.com/2004/12/06/nyregion/06judge.html?pagewanted=1
It seems that the only recourse is to file a writ of mandamus with the court of appeals against the judge. However I doubt that 3 month delay will warrant a mandamus.
Last edited by a moderator:
Can Anyone Help
I signed the 120 days waiver two years ago under the direction of the immigration officer who gave me the exam interview, he told me I need to redo the application if there's no answer within 120days if I didn't sign it, sign the waiver is for my best interest. Can I still filing the 1447b? It has been delayed for 2 yrs.
This is just a USCIS's BS and it is just to scare people so they don't file a lawsuit. There was a USCIS Memo in Feb 2007 that says the same thing and we have seen many cases getting resolved after that, including mine. So, this message should never stop anyone to file a lawsuit. Remember, USCIS is sick of all these lawsuits and they can use any propaganda to reduce these lawsuits and that is exactly what are doing. So, please everyone, let us keep fighting. Anyone need help in filing 1447b, please Pm me with your email address and I will send you all the files that you need. Good luck to all!
I signed the 120 days waiver two years ago under the direction of the immigration officer who gave me the exam interview, he told me I need to redo the application if there's no answer within 120days if I didn't sign it, sign the waiver is for my best interest. Can I still filing the 1447b? It has been delayed for 2 yrs.
Call to my AUSA attorney office
--------------------------------------------------------------------------------
hi sk0902
i wish you all the best on your case
i am trying to file wom asap,
could you please help me with complaint?
thanks in advance
Go to the beginning of this forum and you should get all the resources for filing WOM.
Please read through this link
http://en.wikibooks.org/wiki/FBI_name_check
Guys, can you tell from your experience ,, how much of a AUSA attorny's enquiry CIS and FBI makes? Do they feel obligated to reply to them?
It depends on AUSA. If you have a persistent and energetic AUSA, your case will be resolved quickly. AUSA can make them move so a lot depends on AUSA attitude. AUSA can just request status or s/he can ask CIS to expedite a case.