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

NC cleared!

Frustrated_alot and all,

Just called USCIS customer service and talked to an IO. who told me that my name check was cleared in early October 2007! I did receive a 2nd FP letter in November 2007 and was wondering what it meant, now it all makes sense. I wrote local USCIS a couple of times and made one InfoPASS last year - the answers were the same every time. I did write to my congressman, but that was after the NC was cleared. I did not file any lawsuit, but always kept my hope high.

My details:
RD: 8/05
FP (1st): 9/05
Interview: 1/06
FP (2nd): 11/07
NC cleared: 10/07 (per IO info 12/07)

Good luck to all!



frustrated_alot said:
The first tier customer service people always try to give you ahard time when you want to transfer. I had to lie. I told them that i wanted to know a clear status of my case in order to decided if i should make an infopass appt or not. I said that i had to find out because i needed to give my job enough notice to get time off from work.:). Sometimes if you just call back you might get a different person who will very nicely just transfer you when asked. Sometimes you have to call back 2 or 3 times.
This is the number process i dialled. 800 number, 1 for English, 2 to bypass intro, 4 while message is playing, then zero and just waited for an operator. Good luck to you. let me know if you need any help.l:)
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futureuscitizen said:
Looks like this is what I am going through right now......except i dont know if most of the things are done electronically...

my timeline
-------------------
PD: 06/20/2005
FPD: 12/2006
ID: 02/2006
NAME CHECK PENDING
(received replies from USCIS, vice president, First Lady, FBI, congressman, senator. Done infopass. There is nothing else I could do more, other than filing a lawsuit)
1447(b): - 12/13/2007
They changed the category to Miscellanous filing. cost $39
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Hearing scheduled for January 2nd week.

I have to send Notice (AO456, gave to me by clerk with signature included) +petition to all the defendants and AUSA

then file certitificate of service later........

But she was telling me that she hopes everything will be over before the hearing date.........i am nervous now.....
 
Hi everyone :)

Here is another victim of Name Check. I am a silent reader of this forum (visit twice daily)
FIRST of all, I would to like to Thank all the HEROES in this forum who helping each other never rest. I live in Minnesota and now is suing the USCIS and the FBI. CIS sent me a letter for FP a day after they received my complaint. So far I'm waiting for respone from US attorney. Without you all there is no way that I can do Pro se in this case.
 
vasearcher said:
I have used your experiences in reference with obtaining my Citizenship and filed a Lawsuit against the USCIS and FBI back in November 2007. I have filed my N 400 and called for my face to face interview in Feb 16th, 2006. Since then my case has not been completed due to lack of answer from CIS representative and incompletion of my background check. I have received 2 email messages followd by phone call from US attorny office on Tuesdday Dec 11th, 2007 inviting me for a fresh fingerprint which was done yesterday December 13th 2007. In the meantime, as US Attorney is suggesting the FBI has completed my background investigation. CIS informs the US Attorney that once they receive updated fingerprint results, they will be ready to adjudicate my application. Please note that due to a recent change in the law in this court district (Alexandria District Court), my federal court lawsuit must be dismissed prior to CIS being able to actually adjudicate the application. The US Attorny can prepare and send me the appropriate forms, which we would both sign, and file with the Court. Can you tell me what would be the next step for me. It seems that I have to dismiss my case. What are the
guarantees that I would receive my citizenship. Is it appropriate to speak about my concerns to the US Attorny office or should I leave it this way that they contact me. My private email address is parirad1@aim.com. Please help.

Yours,

Paris
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The reason why USCIS is requiring that the lawsuit should be dismissed before they adjudicate your N-400 application is that the federal court gains exclusive jurisdicition as soon as you filed your complaint. Many courts didn't interpret the law in this way, but in the 9th circuit this was already the law for a while since US v. Hovsepian. Now seems that your court also adopted this interpretation (which is the correct one, in my opinion).

AUSA can take care of preparing the needed paperwork. Make sure that you see the proposed text before you agree and is filed with the court. The only thing which you should pay attention that your lawsuit should be dismissed WITHOUT prejudice. This means that you can reopen the case or file an identical one if for any reason USCIS is not adjudicating your case. "Adjudicate" is important, because you could not ask "approval". Theoretically, adjudication can mean denial or approval. The law obviously requires only to adjudicate an application in 120 days after the examination. It can't prescribe the outcome, that is left to the agency's discretion.
 
Fed up with CIS

Hi all,

I am a living fossil who is waiting for AOS approval for 5th year and stuck in backgroun d name checks since October 2003:mad:. Thanks to this wonderful forum for giving me hope.
 
need your help

dear lazycis and the others, thanks for your advice, this is the review of my case: sep.2005 applying for citizenship, descheduled interview until now (from April 2006) Filling wom 9, November 2007. I sent a letter to the first lady and 2 days ago I recieved a mail from FBI that says: A review of the FBI name check program revealed that my request was received on October 15,2005 and was processed and finalized on the same day the result forwarded to USCIS headquarters, Washington,D.C. I am so confused because several times that I went to immigration they told me they are waiting for answer from another office I thought they mean FBI but I underestood just after one month they sent the result to immigration, then what are they waiting for and which office? :confused:
have you ever seen like my case?
what should I do now?
what should I do with my Wom because I sue FBI for my back ground check delay too.
thanks alot for your help
 
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lazicis, Slow_CIS, liuym, and other friends, I have done my Reply Brief and attached it here. Please review and feel free to make correction, comments, revision, and addition of other cases you think is suitable. lazycis, can you find the citation of Wei v. Chertoff (3:06-cv-2272-P)? Thanks!
 
Nooshin

I have seen cases like you. It is not only FBI that is slow and lazy, USCIS is also. Remember that the info that they send to you may not be very accurate. I have seen instances that the FBI follow up response to the First Lady inquiry have gone to other persons and in different states.
1- Let your WOM continue till they invite you for interview and ready to adjudicate.
2- If FBI has really finished the background check, the AUSA will ask the court to dismiss the complaint with respect to defendant FBI. But the case proceeds with regards to defendant USCIS. So you won’t need to initiate anything at this time
3- You may want to schedule an info pass to get some info on your application.
4- You may ask your congressman to do an inquiry on your case to gather more info.
 
TLongTLong said:
lazicis, Slow_CIS, liuym, and other friends, I have done my Reply Brief and attached it here. Please review and feel free to make correction, comments, revision, and addition of other cases you think is suitable. lazycis, can you find the citation of Wei v. Chertoff (3:06-cv-2272-P)? Thanks!
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The case number you entered (06-cv-2272) does not match. The most similar I found is Wei Shen v. Chertoff, Civil Action No. 06-CV-15631, which supports government argument. If you give me the full citation, I will search it again.
 
Slow_CIS said:
The case number you entered (06-cv-2272) does not match. The most similar I found is Wei Shen v. Chertoff, Civil Action No. 06-CV-15631, which supports government argument. If you give me the full citation, I will search it again.
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It is WEI, YONGJIE v.Chertoff, txndce 3:2006cv02272 12/11/2006 540. The plaintiff won. Thanks Slow!
 
lazycis, and others,

I filed the WOM today, and sent the complaints to defendants. I did not have time to read the documents got from the Clerk at daytime, and now I find there are two documents I need to send to all the defendants as well: one is the handout for Electronic Case Filing (ECF). The other one is the Judge assignment(I got a Magistrate Judge), with two forms for consent or declination with the Judge assignment. I have not seen people mentioned this in this board yet. Is there any problem I send these forms to all the parties seperately (not with complaint)?
What is Magistrate Judge? Should I agree with the assignment or decline?

Thanks for your inputs.




gcca_2004 said:
I filed WOM, and served the defandants today.
Will see what will happen next.
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Need advise, please!
On November 21. 2007 I filed my complaint and sumon at the court. So far, all defendants are served. Unfortunately the first day I filed the lawsuit I didn't think about the Exhibit( letters from CIS, Congressman, etc...)
Do anyone know if I could file the Exhibit at court right now? ( 3 weeks after filing the original complaint) Is there any issues if the judge or US attorney review my case without Exhibit???
I appreciate any input:)
Thank you so much.
 
gcca_2004 said:
lazycis, and others,

I filed the WOM today, and sent the complaints to defendants. I did not have time to read the documents got from the Clerk at daytime, and now I find there are two documents I need to send to all the defendants as well: one is the handout for Electronic Case Filing (ECF). The other one is the Judge assignment(I got a Magistrate Judge), with two forms for consent or declination with the Judge assignment. I have not seen people mentioned this in this board yet. Is there any problem I send these forms to all the parties seperately (not with complaint)?
What is Magistrate Judge? Should I agree with the assignment or decline?

Thanks for your inputs.
Click to expand...

ECF papers are for you. AUSA does not need those. Magistrate judge is like a junior judge, but in civil cases s/he has the same power. Usually magistrate judge is less busy so you case may move faster, but you never know. I'd agree. On top of this AUSA may refuse to use magistrate judge. It's OK to send those forms separately. You don't need to send them to all parties, only to your AUSA (district US Attorney).
 
suethem said:
Need advise, please!
On November 21. 2007 I filed my complaint and sumon at the court. So far, all defendants are served. Unfortunately the first day I filed the lawsuit I didn't think about the Exhibit( letters from CIS, Congressman, etc...)
Do anyone know if I could file the Exhibit at court right now? ( 3 weeks after filing the original complaint) Is there any issues if the judge or US attorney review my case without Exhibit???
I appreciate any input:)
Thank you so much.
Click to expand...

You need to file the first amended complaint and include Exhibits. Those are important. Change the title of your original complaint to "the first amended complaint", insert your case # and file it with the court just like you did the first time. Include certificate of service and serve amended complaint with exhibits by certified mail (no return receipt required this time) to AUSA (district US Attorney).
 
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thanks alot Slow_CIS for your advice. I sent letter to congress man before but the answer said they are waiting for answer from another office. I want to know about the FBI mail. is it a good sign or no? and can I use the letter as an evidence? thanks a lot.
 
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