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

Palang

both places. One more thing - I am not sure your district court has Santa Ana division, but I am not local. double-check that one.
 
Last edited by a moderator:
lazycis and what'sinaname,
Thank you so much. I wanted to give them the benefit of the doubt but the waiting without an ending is stressing me out and also causing financial issues now.
I will start to research by reading this thread.
Any Any advice or steps that you can give me will be helpful. I can't really afford to pay a couple thousand dollars to an attorney.
 
My case is not N400, it's I-485 based on marriage. I never got the green card, i've had 4 IED employment cards issued over the last 4 years.
 
WOM time

If you have waited for 4 years, that is way too long. You should take some further actions of course after having exhausted every other means:

Letter to congressman
Infopass
customer Service line on the phone

ThreeYears? said:
Anyone out here thinks I should continue to wait for the NC??
Been 4 years in pending status.
Click to expand...
 
Thank you! I am doing my research now. This is exciting.

I heard a while back that they had disabled our right to sue based on wom, maybe it was a rumor.
 
Hi ThreeYears,

First you can check if you are in a favorable district for your case. If it is, you have waited long enough to file the lawsuit. The chances of success is extremely high.

ThreeYears? said:
Thank you! I am doing my research now. This is exciting.

I heard a while back that they had disabled our right to sue based on wom, maybe it was a rumor.
Click to expand...
 
Palang WOM

lazycis said:
both places. One more thing - I am not sure your district court has Santa Ana division, but I am not local. double-check that one.
Click to expand...

HI Lazycs,
I have attached the complaint with the corrections. let me know if you have any other corrections



This is the link for the court.. that I believe I need to file... I am going to summon the AUSA at this location as well. There is central location in downtown LA but we live in orange county.

thanks alot.
palang
 
What If I loose? Worst case

Thank you.

What if I don't win the case?

Could USCIS retaliate by doing anything bad or delay me further?

Could the FBI retaliate by delaying my case further or worse .... ?

What if I loose the case? What will happen next? What is the worst case scenario here?
 
ThreeYears? said:
Thank you.

What if I don't win the case?

Could USCIS retaliate by doing anything bad or delay me further?

Could the FBI retaliate by delaying my case further or worse .... ?

What if I loose the case? What will happen next? What is the worst case scenario here?
Click to expand...

Worst case you continue waiting, which is what you are doing now anyway. It's impossible to delay it more than eternity.
 
I appreciate your advice guys.

Another question. The attorney told me as soon as the NC is approved, I qualify for permanent residency, not a conditional one since I've been married for 4 years there's no need for a conditional residency. The next step would be to file for the citizenship.

IS there any way I could file for citizenship and use my 4 years of waiting to expedite that citizenship application or will I have to wait 3 years before i become a citizen countiong from the date I'm approved for the Perm Residency?

Will there be another Name Check when I file for citizenship? Will I likely need to sue them again then?

It's too bad I wont get to vote in the upcoming elections. I am even too afraid to participate in any political events since I'm not even a resident yet. :(
 
PALANG said:
HI Lazycs,
I have attached the complaint with the corrections. let me know if you have any other corrections



This is the link for the court.. that I believe I need to file... I am going to summon the AUSA at this location as well. There is central location in downtown LA but we live in orange county.

thanks alot.
palang
Click to expand...


Delete paragraph #30 or say "In the alternative, the Court may remand the matter with instructions to complete adjudication of Plantiff’s AOS application within 30 days and to issue a written notice about the decision to the Plantiff."

Before you go to court, prepare at least two copies of the complaint+ 2 copies summons for each defendant. Serve complaint+summons to each defendant and a copy of complaint+copies of summons to

Thomas P. O’Brien, US Attorney
Attn: Civil Process Clerk
411 West Fourth Street, Suite 8000
Santa Ana, CA 92701-4599
 
ThreeYears? said:
I appreciate your advice guys.

Another question. The attorney told me as soon as the NC is approved, I qualify for permanent residency, not a conditional one since I've been married for 4 years there's no need for a conditional residency. The next step would be to file for the citizenship.

IS there any way I could file for citizenship and use my 4 years of waiting to expedite that citizenship application or will I have to wait 3 years before i become a citizen countiong from the date I'm approved for the Perm Residency?

Will there be another Name Check when I file for citizenship? Will I likely need to sue them again then?

It's too bad I wont get to vote in the upcoming elections. I am even too afraid to participate in any political events since I'm not even a resident yet. :(
Click to expand...

We do not know the answer to this yet, but we hope to develop a strategy to either backdate green cards or, more likely, to force government to accept or N400 applications before 5 year wait is over.
 
Palang Wom

HI LAZYCIS,
Another issue I am not sure about is:
Should I put my name in top of the first page as Co Petitioner, coplantiff or say plantiffs? should I include my name in the plantiff(s) section first page.... or should I leave my name off? In the body I do mention my name as the beneficiary to my wifes application.

Thank so much for the great support.
Palang
 
PALANG said:
HI LAZYCIS,
Another issue I am not sure about is:
Should I put my name in top of the first page as Co Petitioner, coplantiff or say plantiffs? should I include my name in the plantiff(s) section first page.... or should I leave my name off? In the body I do mention my name as the beneficiary to my wifes application.

Thank so much for the great support.
Palang
Click to expand...

It's up to you. If you include yourself, you should put more info about yourself into the complaint and ask court to compel adjudication of your I-485 as well. If you decide to include yourself as a plaintiff, then you have to put your name in all sections, on the civil cover sheet and you both will have to sign all papers filed with the court. If you decide not to include yourself, your wife will have to sign and file all documents, you cannot do it for her. Or you can file them by mail.
 
Palang

lazycis said:
It's up to you. If you include yourself, you should put more info about yourself into the complaint and ask court to compel adjudication of your I-485 as well. If you decide to include yourself as a plaintiff, then you have to put your name in all sections, on the civil cover sheet and you both will have to sign all papers filed with the court. If you decide not to include yourself, your wife will have to sign and file all documents, you cannot do it for her. Or you can file them by mail.
Click to expand...

Just to clarify,
I am US citizen, and my wife s I-485 is marriage based (K1 Fiance) application. I am including myself since I am beneficiary of the situation and do suffer from the circumstances. however I am not on any I-485.

Thanks
 
PALANG said:
Just to clarify,
I am US citizen, and my wife s I-485 is marriage based (K1 Fiance) application. I am including myself since I am beneficiary of the situation and do suffer from the circumstances. however I am not on any I-485.

Thanks
Click to expand...

Then you do not need to include yourself as a plaintiff.
 
You must log in or register to reply here.
Top