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

OK-Boy

Registered Users (C)
It's all USCIS BS; believe me, untill and unless you stand up and fight for your right, nobody will do any sh*t. After the new memo, it's fairly easy to atleast bring them in court by Pro Se. What would you will lose just $350 in case the judge deny it; I believe it worth than just sit home and getting being Hypertensive. Choice is yours...

Thank you all WOM filers.

I am a victim of the FBI name check. My I-485 has been pending for almost 30 months. (My PD became current long time ago.) After the memo came out, I called USCIS to nitiate a service request.

Today, I got two identical letters from USCIS, saying that "We have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below."

What is this additional review shit? Another black hole? Has anybody got a similar letter?

PS: I am in an unfriendly district and have not sent out my WOM.
 
Last edited by a moderator:

wom_ri

Registered Users (C)
u never know.. you might be the one who reverses the trend for your district like aslam v mukasey.. Iam serious here.. bcos.. judges too reverse their opinion.The Feb 4 memo is significant here.
someone posted recently about a judge in SD Texas.
filing a lawsuit is easy.. and USCIS does not want applicants to know this.
they hoped that filing MTD will stop the WOM's. It didn't.
To the contrary, the argument brought forth by litigants only made our cases stronger.
Thank you all WOM filers.

I am a victim of the FBI name check. My I-485 has been pending for almost 30 months. (My PD became current long time ago.) After the memo came out, I called USCIS to nitiate a service request.

Today, I got two identical letters from USCIS, saying that "We have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below."

What is this additional review shit? Another black hole? Has anybody got a similar letter?

PS: I am in an unfriendly district and have not sent out my WOM.
 

jefkorn

Registered Users (C)
I was told the same thing after the memo. This is the latest fad in USCIS land. Going through congressman and senator's office, I was told FBI NC is pending or sometimes "security checks" are pending. I believe it's usually NC and all the other terms are just a way of dragging the case longer..

If you look at wom_ri's post at

http://boards.immigrationportal.com/showpost.php?p=1876734&postcount=16061

The plaintiff was also told all these things NC pending, review etc but I think in the end after filing WOM he did all that squared away.

Thank you all WOM filers.

I am a victim of the FBI name check. My I-485 has been pending for almost 30 months. (My PD became current long time ago.) After the memo came out, I called USCIS to nitiate a service request.

Today, I got two identical letters from USCIS, saying that "We have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below."

What is this additional review shit? Another black hole? Has anybody got a similar letter?

PS: I am in an unfriendly district and have not sent out my WOM.
 

suethem

Registered Users (C)
Dear everyone(who not yet getting GC),
The best bet to get your GC for now is WOM. Dare to sue, dare to get your GC. You don't need a lawyer, search in this forum, type your complaint (buy a printer if you don't have one, [I have one since I started my pro se lawsuit] ). A bunch of helpful people in this forum and the clerk at the federal court play enough roll as an immigration lawyer.
GOOD LUCK!
 

sweetapple

Registered Users (C)
I have been reading this thread for a while now, and I think I am ready to file a pro se. My case is naturalization with the interview and I have been stuck in the NC for more than 2 yrs since the interview.

After I read the lawsuit steps and the instruction for a Civil Case Pro Se package in my district, I think it's not difficult to do it on your own. All you need to do is to write a complaint.

I wonder 1) if the following information on defendants are up to date. 2) how to find the name of the District Director of USCIS at Baltimore office?

Michael B. Mukasey, Attorney General of the United States;

Michael Chertoff, Secretary of the Department of Homeland Security;
Emilio T. Gonzalez, Director U.S. Citizenship and Immigration Services;
<Your Local DO Director>, District Director, U.S. Citizenship and Immigration Services. <Your Local DO>
Robert S. Mueller, III, Director of the Federal Bureau of Investigation

Thank you for your help!
 

GhantaBro

Registered Users (C)
Gonzalez is no more so change that candidate I guess... but others should have know better than me as there many who has gone through this process... I can only do this in April (18 months).
 

spanishfly

New Member
Hi All
I am new to this forum and have been reading the posts from you guys. I got courage now to file it on my own. My AOS is pending due to name check for 9 months now. I want to prepare all my documents and keep everything ready. As soon as my wait hits 18 months I am dropping it.

At the interview (mine is marriage based) they said its approved pending name check. They also approved my I-130.

But when I went for an infopass 2 days ago this IO says its pending "security checks". Evidently he tried to avoid the discussion as I brought up this feb 04 memo thing. This is all BS from CIS as someone mentioned and this whole system is impotent. I wish everyone could sue them and get not only their GC/N400 but also a hefty amount for harassment along with a backdated GC. They need to be brought to justice.
 

OK-Boy

Registered Users (C)
Emilio Gonzales is in the office until mid April and even if you put his name and he leaves the office then his successor would take it; you are not suing the individual but the agency/title. For your district director, either use Pacer and find the WOM of your district; what I did was to ask the name of mine from IO, when I went for InfoPass. The rest of the info. is valid.

I have been reading this thread for a while now, and I think I am ready to file a pro se. My case is naturalization with the interview and I have been stuck in the NC for more than 2 yrs since the interview.

After I read the lawsuit steps and the instruction for a Civil Case Pro Se package in my district, I think it's not difficult to do it on your own. All you need to do is to write a complaint.

I wonder 1) if the following information on defendants are up to date. 2) how to find the name of the District Director of USCIS at Baltimore office?

Michael B. Mukasey, Attorney General of the United States;

Michael Chertoff, Secretary of the Department of Homeland Security;
Emilio T. Gonzalez, Director U.S. Citizenship and Immigration Services;
<Your Local DO Director>, District Director, U.S. Citizenship and Immigration Services. <Your Local DO>
Robert S. Mueller, III, Director of the Federal Bureau of Investigation

Thank you for your help!
 

sweetapple

Registered Users (C)
Thank you for the reply. I may go to the InfoPass one more time before submitting my lawsuit.

Also, is there any examples for filling the Civil Cover Sheet?

Thanks!

Emilio Gonzales is in the office until mid April and even if you put his name and he leaves the office then his successor would take it; you are not suing the individual but the agency/title. For your district director, either use Pacer and find the WOM of your district; what I did was to ask the name of mine from IO, when I went for InfoPass. The rest of the info. is valid.
 

OK-Boy

Registered Users (C)
It's self-explanatory form; your case is fairly simple, 1447b and I assure you after your filing in the court, you would have Oath Letter within couple of months or so. You don't have to worried about anything. Just stand up and take those suckers into court...

Thank you for the reply. I may go to the InfoPass one more time before submitting my lawsuit.

Also, is there any examples for filling the Civil Cover Sheet?

Thanks!
 

jefkorn

Registered Users (C)
Pdf files on court's website

I am not sure why there are three identical pdfs on court's website. The link to files on court's website, essentially what wom_ri has already posted :

http://www.paed.uscourts.gov/documents/opinions/08d0233p.pdf
http://www.paed.uscourts.gov/documents/opinions/08d0234p.pdf
http://www.paed.uscourts.gov/documents/opinions/08d0235p.pdf

MEMORANDUM AND ORDER

Defendants filed an Emergency Motion for Stay Pending Appeal of this Court's Order, dated February 8, 2008, and the Plaintiffs have filed a response. The Court held a hearing on February 27, [*3] 2008 in open court.

Although Defendants' counsel presented many arguments as to why a stay should be granted, no appeal has been filed. They advise that the issue of whether to appeal is under review by the Solicitor General's Office and, therefore, the Court should grant a stay to allow more time to consider whether an appeal will actually be filed. Without necessarily agreeing that the matter is an emergency or otherwise ripe for decision, the Court will consider the merits of the Motion.

Defendants assert most vigorously that they have satisfied the requisites for a stay, that the Court erred in its legal conclusions and in the relief granted, and the United States Citizenship and Immigration Services ("USCIS") will suffer irreparable harm unless a stay is granted pending an appeal. Plaintiffs dispute the Defendants' contentions.

One of the points of contention is the interpretation of paragraph 7 in the Court's Order of February 8, 2008. Defendants assert that the phrasing of the Order has prevented USCIS from adjudicating any of these Plaintiffs' petitions because it could not consider the result of the Federal Bureau of Investigation ("FBI") name check without instituting the notice [*4] and comment procedure, leading to new regulations, which USCIS is apparently unwilling to do without exercising its appellate rights.

Counsel for USCIS then advised the Court that although USCIS recently received the results of the FBI name check for these four Plaintiffs, because of the phrasing of paragraph 7 of the February 8, 2008 Order, USCIS took the position it could not review those results, and did not know what the results were. Upon learning this fact, Plaintiffs' counsel agreed that it would be in their clients' interest for the Court to rephrase paragraph 7 and to give the Defendants some reasonable time to review the results of the FBI name check. If the name check did not reveal any derogatory information, the Plaintiffs presumably would be promptly interviewed, and assuming all requisites for naturalization have been met, their petitions would be adjudicated and the Plaintiffs would be naturalized, thus arguably making these cases moot. The record will reflect that the Defendants' counsel did not make any commitments or promises as to any specific action in any specific case.

Nonetheless, all counsel and parties agreed that the Order of February 8, 2008 should be revised [*5] as follows:

AND NOW, this day of February, 2008, following a hearing in open court and for reasons stated on the record, it is hereby ORDERED that paragraphs 7, 8 and 10 of the Court's Order dated February 8, 2008 shall be revised, with the same numbered paragraphs, and paragraph 11 will be added, as follows:

7. As of March 28, 2008, unless USCIS has initiated a notice and comment procedure pursuant to the Administrative Procedure Act concerning its use of the FBI name check procedure, it shall be enjoined from using the FBI name check program as a factor in the decision making as to these Plaintiffs.

8. The parties shall file reports no later than March 31, 2008 as to their position.

10. The Court will schedule a hearing as may be necessary or appropriate.

11. The Defendants' Emergency Motion for Stay Pending Appeal is DENIED, without prejudice.
 

rp1234

Registered Users (C)
Immigration related amendments in Senate Budget

http://aila.org/content/default.aspx?docid=24944

Some positive stuff esp the Leahy Amendment. Folks should write to their Senator Leahy and their state senators to enhance this amendment to provide 485 receipt date as naturalization eligibility date for folks like us who were adversely affected by USCIS/FBI policies esp the name check. A shot in the dark I know but an election year has known to have done wonders. AC 21 I think was passed in an election year as well.
 

shamrockNYC

Registered Users (C)
HI Lazycis, I have an INFO PASS apt on thursday and i need your help

I have an info pass apt in 26 federal plaza, nyc on thursday about my delayed oath letter. I spoke to a service rep 10 days ago from the 1-800 hotline and my call got transferred to a supervisor imigration officer , i told her that my priority date is May 3 2007 and according to your web site , it is out of processing dates.I had my fingerfrints done in june 2007 and had my interview in Aug 16 2007, passed the English and Civics tests.I had a traffic ticket in the amount of $90 in 2005 which had been paid immediately . No arrest been made nor any convictions. The list of documents they required on the day of your interview clearly says that any traffic summons less than $500 doesnt need to disclosed unless if ur arrested , convicted or DWI or DUI related.Mine was a simple speeding ticket again never been arrested and convicted . I was suprised when the interviewing officer asked me to bring a proof of payment for that summon.She gave me a second appointment letter with the additional document form , but she said i can drop that proof of payment anytime before that date .2 days later i went back with the proof of payment and dropped it off and just to make sure i asked her again if she wants me to come back for the second interview , she told me to disregard it since she has everything she needed to complete my case and told me to wait for my oath letter in the mail in a few weeks.I have been waiting since Augt 21 2007 for that oath letter.the supervisor imigration officer told meon the phone that my fingerprints and name check has been cleared for a long time and she was suprised that i havent been naturalized yet and actually advised me to make an INFOPASS apt and talk to a local field officer in nyc at the federal plaza.I have a witness who was with me and heard the officer saying i can disregard the second interview appt and she had everything she needed. What would be your advise on how to approach them on thursday and get this taken care of since it s obviously a minor mistake on the officer's part .
I would appreciate any kind of help from all of the gurus here . I am really looking forward to your inputs and opinions on this
 

OK-Boy

Registered Users (C)
First get their opinion know about the hold up; if you don't get any logical explanation which I doubt they normally have then file WOM with 1447b without delay and I assure you would get OL within 2 weeks after filing the civil suit. Goodluck!

I have an info pass apt in 26 federal plaza, nyc on thursday about my delayed oath letter. I spoke to a service rep 10 days ago from the 1-800 hotline and my call got transferred to a supervisor imigration officer , i told her that my priority date is May 3 2007 and according to your web site , it is out of processing dates.I had my fingerfrints done in june 2007 and had my interview in Aug 16 2007, passed the English and Civics tests.I had a traffic ticket in the amount of $90 in 2005 which had been paid immediately . No arrest been made nor any convictions. The list of documents they required on the day of your interview clearly says that any traffic summons less than $500 doesnt need to disclosed unless if ur arrested , convicted or DWI or DUI related.Mine was a simple speeding ticket again never been arrested and convicted . I was suprised when the interviewing officer asked me to bring a proof of payment for that summon.She gave me a second appointment letter with the additional document form , but she said i can drop that proof of payment anytime before that date .2 days later i went back with the proof of payment and dropped it off and just to make sure i asked her again if she wants me to come back for the second interview , she told me to disregard it since she has everything she needed to complete my case and told me to wait for my oath letter in the mail in a few weeks.I have been waiting since Augt 21 2007 for that oath letter.the supervisor imigration officer told meon the phone that my fingerprints and name check has been cleared for a long time and she was suprised that i havent been naturalized yet and actually advised me to make an INFOPASS apt and talk to a local field officer in nyc at the federal plaza.I have a witness who was with me and heard the officer saying i can disregard the second interview appt and she had everything she needed. What would be your advise on how to approach them on thursday and get this taken care of since it s obviously a minor mistake on the officer's part .
I would appreciate any kind of help from all of the gurus here . I am really looking forward to your inputs and opinions on this
 

lazycis

Registered Users (C)
Agree with OK-Boy. Ask them why the decision was not made within 120 days after the interview as prescribed by the INA and federal regulations.
 

txaggie

Registered Users (C)
What does the acronym WOM stand for? How does it help? I got a letter today from the USCIS that my I-485 is pending the result of a security check and to contact them if there is no update in 2 months. Does the memo saying that the name check is not required for approval if it's been more than 180 days actually getting approvals faster ? My I-485 receipt date is 12/11/06 (EB3, Priority date of July,1999).

Also, what is LUD?
Thanks.
 

Thoughtful

Registered Users (C)
WOM = writ of Mandamus. It is a form of lawsuit filed to compel a federal agency to do its job.
Yes, you are right, name checks will no longer hold down an application "in the absence of any other problem". The fact that they said 2 months indicates that the will work on your application. Otherwise, they would have told you 6 months. 6 months basically mean: the stuff is with the fbi and it is not our problem anymore.
You do not need to file a WOM. However, after 1month, call or/and make an infopass appointment just to check on what's up. If it is still pending after 2 months, then there is something wrong.
The question that needs to be answered is what prompted the letter, and what kind of check are they referring to.

What does the acronym WOM stand for? How does it help? I got a letter today from the USCIS that my I-485 is pending the result of a security check and to contact them if there is no update in 2 months. Does the memo saying that the name check is not required for approval if it's been more than 180 days actually getting approvals faster ? My I-485 receipt date is 12/11/06 (EB3, Priority date of July,1999).

Also, what is LUD?
Thanks.
 

assur

Registered Users (C)
Today (3/17/2008) - Approved and stamped

I went for 2nd interview (with family), approved and stamped. I would call it a relief and nothing more.
Goodluck everyone.
AC21 (same & similar), and missing last H1B (attorney mistake) that triggered IBIS hit (sure I saw a bar code sticker on the last H1B), were major issues. I provided the missing H1B and justified AC21.
BTW, March 17 is my birth day. NC is still pending and were ordered on 12-22-2004.
 
Last edited by a moderator:

OK-Boy

Registered Users (C)
WOM for N-400

Lazycis and Others,

I got this letter from USCIS, DC office yesterday in response to my inquiry to Mr. Vice President. “On February 29, 2008, you were placed in the queue to be scheduled for an interview. The date scheduled is by a computer driven type system and a notice will be mailed out once a date has been determined by the system.” Any idea how long more would it take or just another trick of USCIS. Please advice….

Case Details:
N-400 in TSC
1- Receipt Date: Oct , 2006
2- First Fingerprinting: Oct ,2006
3- Case was pending in Namecheck since then
4- Got a letter from FBI that it was cleared on Nov, 2007
5- Second Info Pass on Jan 25, 2008: Under extended review by USCIS; don’t know how long would it take
6- Got second fingerprinting on Feb, 2008
7- Have written hundreds of letters/emails/calls/faxes to all the concerned persons
8- Sent my WOM with 30 days’ deadline on March 15, 2008 to all the Defendants.
 
Top