It's hard to tell without knowing what the waiver says. I'd file a lawsuit anyway.
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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
It's hard to tell without knowing what the waiver says. I'd file a lawsuit anyway.
I think you can do it before you file a complaint. After it is filed, you can file a motion to seal to do the same. I've seen a case, however, were the similar motion was denied and the judge reasoned that A# and home address is not really a sensitive information.
Usually the local rules specify which personal data can be blocked. In my district SS#, month and date of the DOB (not year), bank accounts and name of a minor.
Oskar, totally agree with you. There is currently crisis in lots of Govt Departments of this Great Country. DoJ and it's divisions (DHS/USCIS) are not the only ones.
Crisis is very deep so that blatant lies are not uncommon.
Department of Justice crisis affects ALL people of US not just LEGAL Immigrants.
A lot of hard working people in US do not realize the depth of crisis.
Just a small correction: the Department of Homeland Security is not part of the Department of Justice. Both the Attorney General (the head of the DOJ) and the secretary of DHS are cabinet members; Mr. Chertoff is not a subordinate of the Attorney General.
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.
An addition to response #1.
That depends on the order. If the lawsuit was dismissed with prejudice, Plaintiff can't file again for the same reason. If the lawsuit was dismissed without prejudice, Plaintiff can file the same complaint again. To give an example: the judge decides that waiting for 12 months doesn't qualify for unreasonable delay but dismisses the lawsuit with the remark that if case is not adjudicated after another year, he will consider the delay unreasonable, implicitely inviting Plaintiff to file again after one more year if the case is not solved by then. I don't remember the particular case where I read something like this but I didn't make this up.
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.
Thanks a lot "lazycis". Today she sounded like she is just trying to get the status from CIS. Next time when I call her, if she sounds as nice as today, I will ask her to push CIS expedite the case.
An addition to response #1.
That depends on the order. If the lawsuit was dismissed with prejudice, Plaintiff can't file again for the same reason. If the lawsuit was dismissed without prejudice, Plaintiff can file the same complaint again. To give an example: the judge decides that waiting for 12 months doesn't qualify for unreasonable delay but dismisses the lawsuit with the remark that if case is not adjudicated after another year, he will consider the delay unreasonable, implicitely inviting Plaintiff to file again after one more year if the case is not solved by then. I don't remember the particular case where I read something like this but I didn't make this up.
I did forget about the prejudice part.... Glad you corrected it.
Help
It says that waive the requirement under section 336 of the INA that the service must render a determination on the application within 120 days from the date of the interview. The officer told me it's on favor of my case, I should sign it, and I totally trusted him at the time. Now I have been waiting for 2 years, do you know any similar situation? Thank you.
It's hard to tell without knowing what the waiver says. I'd file a lawsuit anyway.
It says that waive the requirement under section 336 of the INA that the service must render a determination on the application within 120 days from the date of the interview. The officer told me it's on favor of my case, I should sign it, and I totally trusted him at the time. Now I have been waiting for 2 years, do you know any similar situation? Thank you.
It says that waive the requirement under section 336 of the INA that the service must render a determination on the application within 120 days from the date of the interview. The officer told me it's on favor of my case, I should sign it, and I totally trusted him at the time. Now I have been waiting for 2 years, do you know any similar situation? Thank you.
At least you can file a general complaint under APA and MVA. Use the template posted here:
http://www.immigrationportal.com/showpost.php?p=1777448&postcount=13028
patricia_432
Registered Users (C)
Just wired. It seems you dropped your summon to AUSA yourself. When I went to US Attorney's local office to drop summon, they told me that I have to have someone else to do it. Then I just mailed to them. Can anyone explain this?
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
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'l say file a WOM + 1447b. The thing with N400 is that most of them get resolved before a hearing, so even if it comes to a hearing and a judge has to issue a decision, chances are they will expedite you and get it done.
Just wired. It seems you dropped your summon to AUSA yourself. When I went to US Attorney's local office to drop summon, they told me that I have to have someone else to do it. Then I just mailed to them. Can anyone explain this?
Yes you are right. When I was dropping off, I did not know the rule. Thanks to this forum, when I come to know the rule, I immediately send another copy with certified mail. I submitted in the court the delivery notice from USPS and I was good.
few more questions:
1. Can we mail summons and complaint to defendants via US regular mail? If not, why not?
2. By filing a 1447b case, will the plaintiff be blacklisted and/or tracked for life?
1. It should be certified mail because the court needs to be sure that the defendant got a copy of the complaint and you have to prove that to court. It's also required by FRCP.
2. I do not think it will have any effect on an individual other than getting approval from USCIS.
What's the difference? Pls advise
Thank you so much for the reply, I am so happy to meet so many supporter here! I am confused by the WOM, APA, MVA, what's the difference? Can I file them all together? Thank you.
At least you can file a general complaint under APA and MVA. Use the template posted here:
http://www.immigrationportal.com/showpost.php?p=1777448&postcount=13028
Thank you so much for the reply, I am so happy to meet so many supporter here! I am confused by the WOM, APA, MVA, what's the difference? Can I file them all together? Thank you.
Thank you so much for the reply, I am so happy to meet so many supporter here! I am confused by the WOM, APA, MVA, what's the difference? Can I file them all together? Thank you.
When you file a complaint you should allege that the government violated US laws. It can be a single violation or multiple. It you case you will state that the government violated the APA (Administrative Procedures Act), MVA (Mandamus Venue act, which is basically the same as WOM) and 1447b (reference to the Immigration and Nationality Act, section 1447b). You can combine all of them in one complaint.
When you file a complaint you should allege that the government violated US laws. It can be a single violation or multiple. It you case you will state that the government violated the APA (Administrative Procedures Act), MVA (Mandamus Venue act, which is basically the same as WOM) and 1447b (reference to the Immigration and Nationality Act, section 1447b). You can combine all of them in one complaint.
Thank you so much Lazycis!!!
hi guys when i am reading the forum u guys saying to file wom and 1447b..this applies for any filer or only certain cases..
i am 485 filer
thanks
and could you guys please advice me on defendents...
should i include vsc director or texas director becas i applied through vsc but its transferred to texas..ans please confirm are the addresses in wiki books are up to date.
i really appreciate the forum help from my bottom of my heart
thanks
i am 485 filer
thanks
and could you guys please advice me on defendents...
should i include vsc director or texas director becas i applied through vsc but its transferred to texas..ans please confirm are the addresses in wiki books are up to date.
i really appreciate the forum help from my bottom of my heart
thanks
about writting letters to the defendants
Hey, Lazycis,
I filed the case again USCIS and FBI. But I still want to write to these people and ask them to expedite my name check. If I write them a letter every month or every week, it won't be considered as harrassing the defendants, right? I just want to make sure I won't do anything illegal or stupid. THanks.
When you file a complaint you should allege that the government violated US laws. It can be a single violation or multiple. It you case you will state that the government violated the APA (Administrative Procedures Act), MVA (Mandamus Venue act, which is basically the same as WOM) and 1447b (reference to the Immigration and Nationality Act, section 1447b). You can combine all of them in one complaint.
Hey, Lazycis,
I filed the case again USCIS and FBI. But I still want to write to these people and ask them to expedite my name check. If I write them a letter every month or every week, it won't be considered as harrassing the defendants, right? I just want to make sure I won't do anything illegal or stupid. THanks.