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

Thanks paz1960

"This really depends how bad you need the citizenship right now. Because your 2nd FP was in Nov. 2007, it is less and less likely that this was triggered by the completion of your NC and they are close to adjudicate your application."

How long does it take now for FBI to clear my NC? A friend of mine finally got his citizenship after waiting for 3 years.

"Because you had your interview 2 years ago, you should follow the 1447(b) path, not the WOM. It is simpler and it is very likely that it will make things moving fast and your case will be adjudicated before the defendants' answer is due (60 days after the summons was served to the US District Attorney's Office)."

If I were to file the lawsuit following 1447(b) path, how soon should I expect to get my case adjudicated?

Thank you very much for your help!
 
finally

I received emails from USCIS today notifying the approval of my I485. It took them only 20 days to finish the wait once they were ordered to. Here's my time line:

PD - 08/01
485 RD - 03/04
WOM - 05/07
MSJ granted - 01/08
Case approval - 02/08

I cannot imagine how I could have done this without the help and encouragement from this forum. Thanks to everyone who contributed.

Something I learned that might be useful to others:

- Be prepared to fight to the end. It's obvious that for 485 cases, a lot of AUSAs are trying to drag them as long as possible.

- File Motion for Summary Judgment as soon as you can. The AUSA for my case was very responsive but he kept telling me that he couldn't expedite the name check (and he didn't). I wasted a a few months requesting production of documents from the defendants. In the end they didn't provide anything useful.

- If possible, register for ECF (Electronic Case Filing). It was a huge time saver for me.

Situations may be different in your district. I'm in Western District of Washington, a friendly district for WOM. Check with the court and monitor cases in PACER to find the best strategy.

Good luck everyone.
 
sweetapple said:
"This really depends how bad you need the citizenship right now. Because your 2nd FP was in Nov. 2007, it is less and less likely that this was triggered by the completion of your NC and they are close to adjudicate your application."

How long does it take now for FBI to clear my NC? A friend of mine finally got his citizenship after waiting for 3 years.

"Because you had your interview 2 years ago, you should follow the 1447(b) path, not the WOM. It is simpler and it is very likely that it will make things moving fast and your case will be adjudicated before the defendants' answer is due (60 days after the summons was served to the US District Attorney's Office)."

If I were to file the lawsuit following 1447(b) path, how soon should I expect to get my case adjudicated?

Thank you very much for your help!
Click to expand...

You should expect an oath letter within two months of filing 1447b.
 
w&w said:
I received emails from USCIS today notifying the approval of my I485. It took them only 20 days to finish the wait once they were ordered to. Here's my time line:

PD - 08/01
485 RD - 03/04
WOM - 05/07
MSJ granted - 01/08
Case approval - 02/08

I cannot imagine how I could have done this without the help and encouragement from this forum. Thanks to everyone who contributed.

Something I learned that might be useful to others:

- Be prepared to fight to the end. It's obvious that for 485 cases, a lot of AUSAs are trying to drag them as long as possible.

- File Motion for Summary Judgment as soon as you can. The AUSA for my case was very responsive but he kept telling me that he couldn't expedite the name check (and he didn't). I wasted a a few months requesting production of documents from the defendants. In the end they didn't provide anything useful.

- If possible, register for ECF (Electronic Case Filing). It was a huge time saver for me.

Situations may be different in your district. I'm in Western District of Washington, a friendly district for WOM. Check with the court and monitor cases in PACER to find the best strategy.

Good luck everyone.
Click to expand...

Congrats, w&w!

I agree with your points. As wom_ri noted in this post
http://boards.immigrationportal.com/showpost.php?p=1856355&postcount=15391

In order to prevail, a Plaintiff must first show that an amount of time has passed that is presumptively unreasonable. At that point, the burden shifts to the government to show "by competent evidence that speaks in detail to special circumstances and justifications, that a period that appears presumptively excessive is not unreasonable.

So file MSJ as soon as practical and let government show that the delay is reasonable (they cannot do that).
 
Msj

Can we file MSJ even if we have a pending MTD before the judge ?
Do we have to wait till judge gives opinion on MTD ?
I spoke to AUSA sometime back and he said MSJ is permitted only if there are no factual disputes.. and he thinks there is some factual disputes here..
He did not mention any actual factual problems..
non are present in the MTD..
Now I think discovery is a waste of time.. They would not give much info..
unless we subpeona them.. and drag the case along..
 
You can file MSJ even if MTD is pending but providing you received an answer. The non-moving party will have to show that there are factual disputes and that those differences are significant enough for court to rule in non-moving party's favor. They cannot dispute the main facts (i.e. how long your app has been pending and that your app is way behind normal processing time). They can only argue that the delay is reasonable as a matter of law, but that's legal question, not factual.
 
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summons sent by mistake

My Motion for leave to file 3rd amendment is still pending. I added DOS as a defendant. AUSA has filed opposition to it.
But I (by mistake) sent the 3rd amendment to DOS on the same day I filed motion for leave.
Is there a serious problem here ?
Should I send a letter to DOS informing them to ignore it ?
Should I tell the court of my mistake ?
 
update on mocanu_mueller

Judge baylson gives further insight into namechecks...
great job by him...
 
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wom_ri said:
Judge baylson gives further insight into namechecks...
great job by him...
Click to expand...

From Defendants brief:
"Another calculus in the determination is whether the action required by the rule devolves on anyone other than agency employees."

Exactly. Changing the rules and requiring other agency to do the job is "devolving".
 
This is definitely a bad thing for me because I am preapring my response to MTD. Any advice on how to file WOM at the district where the USCIS service center is located?

lazycis said:
Motion to reconsider should be filed within 10 days after the entry of judgment. File another Wom in another district (i.e in the district where the USCIS service center is located). Michigan did not have a single AOS success. Maybe Slow-CIS will change the situation.
Click to expand...
 
See zuhair

See attached case in S.D.Cal. If you have already filed WOM in E.D.Mich.. why bother.. let them dismiss and go to appeal..
Do not give permission to seek extension of time..
If the court does not give opinion soon enuf.. check status with the judge..(see attached format)
that might work faster.
hyyz said:
This is definitely a bad thing for me because I am preapring my response to MTD. Any advice on how to file WOM at the district where the USCIS service center is located?
Click to expand...
 
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E.D. Mich

There was hope in Zalmout v. Gonzalez, No. 07-12575, 2007 U.S. Dist. LEXIS 90495, 2007 WL 4327327 (E.D. Mich. December 10, 2007).
But I don't know why the Judge said this:
According to Michael A. Cannon, Section Chief of the National Name Check Program at the headquarters [*4] of the Federal Bureau of Investigation ("FBI"), Mr. Zalmout's name appears to fall within the ten percent of name checks that are identified as possibly being the subject of an FBI record-- i.e. in which there are "Hits." (Doc. 15 Ex. 1 at P 41.) Mr. Cannon further explains the FBI's time-consuming task in retrieving and reviewing the files that contain the FBI record related to an applicant, particularly if the record is not maintained electronically and the record must be retrieved from an existing paper record. (Id. at P 15.) The FBI's completion of this task has been further delayed by the growth in name checks as a result of its post-9/11 counter terrorism efforts. (Id. at P 21.) Mr. Cannon indicates that the name check of Mr. Zalmout has not been abandoned but is pending in the normal course of processing in the dissemination phase of the FBI's name check system. (Id. at P 41.) At this phase, the FBI is processing Mr. Zalmout's name check in accordance with its first-in, first served protocol. (Id.)

Based on the information submitted by Defendants, the Court finds that they have not abandoned Mr. Zalmout's adjustment of status application. Rather, Defendants demonstrate that they [*5] continue to process his application pursuant to a process that can be lengthy in a small percentage of cases where the FBI's name check discloses "Hits." The Court appreciates Plaintiffs' frustration with the lengthy delay and the hardship it is causing Plaintiffs and their family. Nevertheless, where Defendants have not abandoned their duty to adjudicate an adjustment of status application, the Court lacks subject matter jurisdiction to order Defendants to process the application more expeditiously.

lazycis said:
Motion to reconsider should be filed within 10 days after the entry of judgment. File another Wom in another district (i.e in the district where the USCIS service center is located). Michigan did not have a single AOS success. Maybe Slow-CIS will change the situation.
Click to expand...
 
New member, same old story

Hi Everyone,

I filed my 1447b lawsuit against CIS and the FBI in October 2007 pro se. The US Attorney filed a motion to dismiss 2 weeks ago. It was well written. Even though I am pretty confident I can write a reasonable Opposition to the MTD and a MSJ, I am now thinking that I will hire an attorney, just for my peace of mind.

In any case, I want to thank everyone on this forum. I was feeling extremely hopeless before I discovered this forum late last year. Now there is hope.

Here's my timeline. I think I may be one of the longest name checks. I hope it ends soon.

Marriage-based N400 filed - December 2003
USCIS requested FBI name check - Jan 2004
Interviewed and passed Citizenship test - May 2004

In the US Attorney's response, he did say that USCIS has requested expedited name check from the FBI. Still sounds like a black hole to me...does anyone know how long it might take?

Thanks again for everything.
 
Lazycis and others,

I filed my WOM at end of Oct. last year. AUSA filed MTD, then I replyed Opposition, then AUSA filed Support. Finally, last week, I went to Court for the MTD hearing.

First, the judge asked the AUSA about how many cases granted MTD and how many denied on this Court. The AUSA answered that about 10 granted, 12 denied, something like this. Then the judge asked about the FBI name check progress. The AUSA answered that FBI was processing cases that filed at end of 2003, and my case will be processed soon but won't be done tomorrow (My I-485 filed at 2/2004).

Finally, the judge said to me that he doesn't have the right to order AUSA to do anything, but he wants the AUSA to communicate with CIS to see how things are going. He ordered to continue the MTD hearing a month and half later.

A week after the hearing now, I don't hear anything from the AUSA. In this case, I think I have to wait to next hearing. If no progress at the hearing, I want to tell the judge I'll file the MSJ right afte the hearing. I don't want to wait for another half year. Any suggestions? Thanks.
 
Double check what AUSA said about 10 granted and 12 denied.
Which district court are u in ? is this Green Card or naturalization case ?
If AUSA lied.. let your Judge know about it.
Also ask AUSA to tell Judge how many cases were dismissed as moot before they came up for hearing..
Also.. the court should have recorded transcripts of hearing.. that should give you proof about who said what during
the hearing.
The AUSA answered that FBI was processing cases that filed at end of 2003
That is a damn lie!! Ask him to provide details on that. FBI namechecks are processed in 48hours in >70% of cases.
Ask them to tell the court how many hits your namecheck cleared and how many have been processed to date.
Has the FBI assigned an analyst to your case yet ?
patricia_432 said:
Lazycis and others,

I filed my WOM at end of Oct. last year. AUSA filed MTD, then I replyed Opposition, then AUSA filed Support. Finally, last week, I went to Court for the MTD hearing.

First, the judge asked the AUSA about how many cases granted MTD and how many denied on this Court. The AUSA answered that about 10 granted, 12 denied, something like this. Then the judge asked about the FBI name check progress. The AUSA answered that FBI was processing cases that filed at end of 2003, and my case will be processed soon but won't be done tomorrow (My I-485 filed at 2/2004).

Finally, the judge said to me that he doesn't have the right to order AUSA to do anything, but he wants the AUSA to communicate with CIS to see how things are going. He ordered to continue the MTD hearing a month and half later.

A week after the hearing now, I don't hear anything from the AUSA. In this case, I think I have to wait to next hearing. If no progress at the hearing, I want to tell the judge I'll file the MSJ right afte the hearing. I don't want to wait for another half year. Any suggestions? Thanks.
Click to expand...
 
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