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

mohamedmohamed said:
some humour is always good, you have that ability to turn situation to humour, is a good thing
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Back in my country we had an expression (I believe it's known universally)

A DAY WITHOUT A LAUGH IS A LOST DAY ;)

I'm glad you got the right message, it wasn't by any means anything but a friendly tease :)
 
tsa3400 said:
Sorry everyone, was out of town, had a death in the family. So it looks like I am going to court afterall.
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My sincere condolences, after all we here feel like we are all a family.

I hope God has some good things for you in the near future :)
 
Update on my case in NJ

I filed 3 weeks ago and just received a new fingerprint notice from the Newark district office. Looks like they're getting off their fat, lazy butts. SUCKERS. :cool:

PD: 12/03
FP: 02/04
ID: 11/04
1447 filed: 04/06
2nd FP: 05/06
 
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Case in NJ

Hi

Did you use a lawyer to file your petition? if so can you share his name and how much did he charge you
 
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RealSuperK said:
Here is the internal DOJ memo mentioned in this article

http://www.sbsun.com/search/ci_3725658

The relevant part is marked in yellow.

In so many words, DOJ admits that they are screwed when the case goes to court.
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this a quote fromt the report" DOJ/OIL beilves that USCIS violates it own regulations".
ok when we violate the USCIS regulation, by not reporting address changes for exemple we may be deprted for that, but whe the DOJ , and the districts courts across the nation ,find that USCIS violated it own regulation, whats happen?
 
there is one recommendation that make soms esense, elimination of the backgorund for immigrant who are memeber of the armed forces. the best recomendation i have seen .
 
mohamedmohamed said:
this a quote fromt the report" DOJ/OIL beilves that USCIS violates it own regulations".
ok when we violate the USCIS regulation, by not reporting address changes for exemple we may be deprted for that, but whe the DOJ , and the districts courts across the nation ,find that USCIS violated it own regulation, whats happen?
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I don't know... they get dragged to court by somebody who never set his/her foot inside a law school and they lose the case to him/her? Must be somewhat embarassing.

I also like how they say "While DOJ understands the Congressional and Presidential mandates on processing times and backlog reduction that CIS labors with, OIL nonetheless expresses in strogest terms a desire that CIS conducting the naturalization process in this way" Translation : "Hey, guys, we know you are getting all sorts of crap from the top, BUT STOP SCREWING WITH THE NUMBERS!!! Who do you think you are, Enron?!?"
 
mohamedmohamed said:
there is one recommendation that make soms esense, elimination of the backgorund for immigrant who are memeber of the armed forces. the best recomendation i have seen .
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I would seriously let a veteran cut in the naturalization line in front of me to become a citizen, because I believe that the person who puts his/her life on the line to fight for his/her new home deserves the citizenship more than I do. Then again, I'm stuck in the friggin' name check line, who in his/her right mind would want to get into THAT line?!? :)
 
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RealSuperK said:
I would seriously let a veteran cut in the naturalization line in front of me to become a citizen, because I believe that the person who puts his/her life on the line to fight for his/her new home deserves the citizenship more than I do. Then again, I'm stuck in the friggin' name check line, who in his/her right mind would want to get into THAT line?!? :)
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i seriously think they have handled these stuff backword
1- armed forces memeber have gone trhough more security check than any immigrant will go through in their entire life, not only that but they are been monitored and controled by the army inteligence, so it is really doesnt make any sense to run another security check on them, that if you dont cinsider that the actually have put their life on the line, and the chance of satying alive to enjoy naturalization or anything else is _in some cases_ less than the chance of one of them get killed in the battle feild.
2- i think it make sense to investigate the people who "may be a threat to the national security" as they describe it ASAP not for their benefit , but for the sake of the nation interest, if you USCIS think that am securitythreat, and they decide to give me an extra 2, 3, 4 years free wondering around doing whatever i want, i think that is the htreat itself, i think these category have be investigated before anyone esle, and eother clear them , or detain them , or kill them, you just dont let some oen you have detemmine as potantial threat free, without making some determination, and accordingly taking a decision.
 
alisa_0122 said:
one more question for Screaming EAGLE: we r ready to file a petition. but we only have NA 10338 form we just ordered the personal file and DD214 form. it might take about 2 weeks i guess for them to get back to us..

should i wait for the forms or just file whatever we have and then add it to the case once we receive it?

??? P.S.: i'm sorry i'm a little confused :eek: i've been reading all this info for a while and thought that 1447b petition is the best solution in the delayed name check case. but i saw that some people file WOM. Is it the same thing?

Sincerely :)
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Alisa_0122,

I am sorry for the later reply, I was gone most of the day. Mohamedmohamed had coverd all basis for your question (Thanks mohamedmohamed).

I would recommend that you file your petition ASAP (1447b is the best option in my openion). You can stop by the courthouse tomorrow and file it.

You can use NA10338 form you already have. USCIS will have 60 days from receiving your complaint to response, during these 60 days, you would probably have received DD214 or equivalent form you have already requested. Once you receive the appropriate form, you can always go to the courthouse and file it as an Exhibit.

Good luck
 
Very sorry to learn the lost of your family member.

tsa3400 said:
Sorry everyone, was out of town, had a death in the family. So it looks like I am going to court afterall.
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Questions for CA filers (Horiba, Cristoaca, Olgat, and others)

Hi All,

I am going to file at the Oakland court. Just filed out the civic cover sheet. Could you verify if the boxes I checked correctly? Thanks a bunch.

II. Bacis of Jurisdiction: Box 2 U.S. Government Defendant
IV. Original Proceeding
V. Nature of suit: 890 Other Stationary action
VI. Cause of action: 8 USC 1447 (b); The defendants have not adjudicated the plaintiff's application as required by law.
IX. Divisional assignment: San Francisco/Oakland

Did I miss anything/boxes?

I look forward hearing from you.

Good night.
 
Another question about filing

I was given a blank copy of Summon by a guy at the Oakland court. Do I have to fill it out? Or the Court is going to do it after I file? :p Pro Se!

Thanks.
 
Confused

zack01 said:
Enclosed for filing in the above referenced matter please find the following:

1. Check in the amount of $250 to pay the filing fee;
2. Civil Cover Sheet;
3. Complaint for Hearing on Naturalization Application;
4. Summons in a Civil Case; and
5. Exhibits
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So, the plaintiff should be writing the Summon? I thought it should be the Clerk's job, since he/she has to sign and date at the bottom. Am I right?
 
Eastbayer said:
So, the plaintiff should be writing the Summon? I thought it should be the Clerk's job, since he/she has to sign and date at the bottom. Am I right?
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the plaintiff will fill the address of who sending the summon , and the address of the person/person being served for exe. one to the local USCIS office , and one to the local US attorney, and one to whom else you want to serve, and remeber to keep a copy of the filled summon, to file with the court when you get your retutn receipts
 
Don't believe the BS from USCIS

Mohamed wrote:

well, guess what? the USCIS feeling the heat, but will see how far they will go to makse some that actually work.
check this
_________________________________________________________________

The document from USCIS is just b.s. This agency is full of incompetent, just don't care attitude people. For that matter, most of Government workers here are morons. But in the name of security, they are covering their faults with some b.s. written by some english or law professor.
 
zeko said:
Hi

Did you use a lawyer to file your petition? if so can you share his name and how much did he charge you
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I filed Pro Se, it's really not that hard, just read through this thread - everything you need is here. On page 91, you'll see a handful of documents another very helpful user in NJ has psoted you can use as guidance.

Those documents contain names and numbers of lawyers who have handled 1447b cases. I spoke to one yesterday, his name is Edward R. Rubin, 973-735-2730. I believe he charges $3k. Good luck!
 
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