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

Got Letter from USCIS "Name Check additional Info"

Hello All,

After 2 year and 1 month stuck in name check mess I finally received letter from USCIS asking to confirm some information (Home Address, telephone number marital status etc) and also asking to do finger print again,

Later head line
"RECORD OF SWORN STATEMENT IN AFFIDAVIT FORM" N400
Return information within 20days

From Officer: Name check

My Question: Is this meaning my name check has been cleared?
Any comment highly appreciated

Thanks
Dee
 
After being stuck for a year and a half, I was finally sworn in a few days ago. This forum helped immensely every step of the way. I wrote letters to Senators, First Lady, Vice President, etc and was preparing to go down the WOM route. Three months after writing to First Lady, I received a call from HomeLand Security to say that my namecheck was cleared in December.
I wish the best of luck to my fellow sufferers and keep you guys in my prayers. I know how painful the wait can be. Just keep trying every strategy, keep up your energy and do not give up. One of your strategies will succeed.
 
Handbook for Pro Se plaintiffs

I think this handbook is very helpful and easy to understand for Pro Se plaintiffs. And also you will gain more confidence if you know more about the legal procedure and the court system.
 
Hi Lazycis,
I have a unique situation. I got my interview letter for interview today in Pittsburgh. I went to the interview and they said that since I'm "residing" in California, (I have job there for last year) they have to move my jurisdiction to Los Angeles. I believe said they will forward the application to that jurisdiction and I will get an interview letter in 60-90 days from there. Do you have any idea how long it takes for the case to be forwarded etc?
 
The name of director (officer in charge) in San Jose

Hi, sorry for a duplicated question.

I saw an earlier post (about 2006) listed San Jose field office director name, but, I am not sure it is still correct.

I googled a lot, but hard to find any recent information about it.

I need the name to file my 1447(b).

Thanks!!
 
waitforsolong said:
Hi, sorry for a duplicated question.

I saw an earlier post (about 2006) listed San Jose field office director name, but, I am not sure it is still correct.

I googled a lot, but hard to find any recent information about it.

I need the name to file my 1447(b).

Thanks!!
Click to expand...

I think you should include
ROSEMARY MELVILLE, USCIS District Director of San Francisco
as a defendant. I do not think there is a separate San Jose district and there is no need to include field office director or even district director.
To save on postage, include only Chertoff, Mukasey and Mueller as the defendants.
 
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about MSJ

Lazycis and other members,

I found the following from Judge's website. what is "a court approved service schedule"? Do I need to file "leave to the court" for MSJ? I think I cannot file MSJ right now because we still have disputes on important facts. AUSA or USCIS lied to the judge and said visa # is not available in EB2 Chinese, which is not true. Does "application for TRO" count for an emergency motion? I may file that one if the priority date become current for me at some certain time. Thanks a lot.

Motion for summary judgment to be filed "only after the completion of a court approved service schedule."

Emergency motions shall be presented to the Courtroom Deputy for scheduling.
 
mohman said:
Hi Lazycis,
I have a unique situation. I got my interview letter for interview today in Pittsburgh. I went to the interview and they said that since I'm "residing" in California, (I have job there for last year) they have to move my jurisdiction to Los Angeles. I believe said they will forward the application to that jurisdiction and I will get an interview letter in 60-90 days from there. Do you have any idea how long it takes for the case to be forwarded etc?
Click to expand...

I do not know. It may take 1 month or many months if you do not call/mail them every day. It's the USCIS, they have their own time which is differnt from our world. What's the deal with your residency? Are you living in Pittsburgh? Is it N400 interview?
 
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wommei said:
Lazycis and other members,

I found the following from Judge's website. what is "a court approved service schedule"? Do I need to file "leave to the court" for MSJ? I think I cannot file MSJ right now because we still have disputes on important facts. AUSA or USCIS lied to the judge and said visa # is not available in EB2 Chinese, which is not true. Does "application for TRO" count for an emergency motion? I may file that one if the priority date become current for me at some certain time. Thanks a lot.

Motion for summary judgment to be filed "only after the completion of a court approved service schedule."

Emergency motions shall be presented to the Courtroom Deputy for scheduling.
Click to expand...

TRO motion is an emergency motion. You do not need leave of court to file ANY motion. I think you actually can file for MSJ after DOS reply. Visa number availability is not relevant. There is no dispute regarding your timeline and that the delay is not your fault.
 
mohman said:
Hi Lazycis,
I have a unique situation. I got my interview letter for interview today in Pittsburgh. I went to the interview and they said that since I'm "residing" in California, (I have job there for last year) they have to move my jurisdiction to Los Angeles. I believe said they will forward the application to that jurisdiction and I will get an interview letter in 60-90 days from there. Do you have any idea how long it takes for the case to be forwarded etc?
Click to expand...

What I would do is keep calling and sending emails, and trying to get infopass as frequently as I can for the follow up on where you file is!!

I know a friend of mine who lives in Pittsburgh now, he tried to change his DO from New York to Pittsburgh a little while ago, and his file was told lost after a 8 months wait,. and he had to keep following with both DOs till his file was found, which then took an additional 3 months to find.
 
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lazycis said:
I do not know. It may take 1 month or many months if you do not call/mail them every day. It's the USCIS, they have their own time which is differnt from our world. What's the deal with your residency? Are you living in Pittsburgh? Is it N400 interview?
Click to expand...

Yes its N-400, I'm working in L.A. for the past year, but my parents live in Pittsburgh.
 
waitinfori130 said:
Lazycis, I'm in China now with my wife. I just checked my case online at USCIS.Gov....

2weeks after filing....

APPROVED !!!, it is 3:30am here and me and my wife are very happy and celebrating. Lazycis, and this forum gave me a lot of support and confidence to do this.... Thankyou.
Click to expand...

Lazycis, do you think I will ever know if my case being approved so quickly after I filed WOM was the reason for the approval after only 2 weeks of my filing WOM?

Also, since my case is still pending is there a need for me to do anything or should I wait for a response form the AUSA?
 
waitinfori130 said:
Lazycis, do you think I will ever know if my case being approved so quickly after I filed WOM was the reason for the approval after only 2 weeks of my filing WOM?

Also, since my case is still pending is there a need for me to do anything or should I wait for a response form the AUSA?
Click to expand...

I have no doubt that WOM is the reason. So your money were well spent :) You can search this forum for posts by PALANG, his wife got approved within two weeks after WOM. He is a US citizen and, if I am not mistaken, lives in your district. Coincidence?
File a notice of voluntarily dismissal under rule 41(a) of FRCP. One paragraph is enough.
NOTICE OF VOLUNTARY DISMISSAL
Here comes Plaintiff, XXX YYY and respectfully asks to withdraw the complaint pursuant rule 41(a)(1) of FRCP. The answer to the complain has not been filed yet.
 
Delay in serving the AUSA

I filed my 8 USC 1447(B) lawsuit on 3/3/08, in forma pauperis, which the magistrate judge approved and ordered the US Marshall to serve the defendants. The defendants got served on 4/4/08, however the AUSA has still not been served by the US Marshal and I am not able to get any further information from the court clerk about how long that will take.

What are my options at this point? Should I serve the AUSA myself, or should I wait until the US Marshal gets around to serving the AUSA? Also, when does the deadline for the defendants to respond start counting from? Is it 60 days from when the defendants are served, or is it 60 days from the date that the AUSA is served?

What is the last day to serve the AUSA from the date the case was filed?

lazycis said:
Serve AUSA via certified mail+return receipt. It's important as 60 day count for a response starts from the date of service upon AUSA, not upon the defendants. You have 120 days to serve the complaint after it is filed.
Click to expand...

Thanks lazycis. I have some further questions if you can help me with that.

When I serve the US Attorney, do I need to serve any other documents besides the following three:
1. Original Complaint, with the Civil Cover Sheet, and any attachments to the Complaint
2. Copies of Proof of service of summons to the defendants
3. Certificate of Service filed with the court as in number 2 above . What is the difference between Certificate of Service and Affidavit of Service?

Also, pursuant to Local Civil Rules 4-2 of my court in Northern California, am I required to serve the following to the US Attorney?

http://www.cand.uscourts.gov/CAND/L...b2106e6db882569b4005a23f1?OpenDocument#TOC1_3

4-2. Service of Supplementary Material.

Along with the complaint and the summons or request for waiver of service, a party subject to Civil L.R. 16-2(a), (b), or (c), must serve the following Supplementary Material:

(a) A copy of the Order Setting Initial Case Management Conference and ADR deadlines issued pursuant to Civil L.R. 16-2(a), (b) or (c);

(b) Any pertinent Standing Orders of the assigned Judge;

(c) A copy of the assigned judge’s order and instructions for the preparation of a Case Management Statement or, if none, the Court’s form found at Appendix A, pursuant to Civil L.R. 16-10; and

I don't even understand what Initial Case Management Conference and ADR deadlines mean and if they are important to me case.

I appreciate all the help you provide me.

Also, if I mail these documents, do I need to write a heading on the envelope identifying what the contents are, and to whom should they be addressed to.

Right now I am thinkning of going with:

http://www.usdoj.gov/usao/can/about/officeinfo.html

Contents: Civil Complaint in the Case Number xx-xxxxx-xx

Attn: Immigration Unit
Civil Division
United States Attorney's Office
450 Golden Gate Avenue
11th Floor
San Francisco, CA 94102
Phone: (415) 436-7200
Fax: (415) 436-7234
TTY: (415) 436-7221

Does that seem correct? Anything that I might be missing out?
 
yellowmango said:
When I serve the US Attorney, do I need to serve any other documents besides the following three:
1. Original Complaint, with the Civil Cover Sheet, and any attachments to the Complaint
2. Copies of Proof of service of summons to the defendants
3. Certificate of Service filed with the court as in number 2 above . What is the difference between Certificate of Service and Affidavit of Service?
Click to expand...

I do not see the difference between Certificate of Service and Affidavit of Service. I think what they mean in #3 is that when you file proof of service upon defendants with the court, you also include a statement that you filed it with the court and send a copy to AUSA. This statement is called certificate of service. If you have already filed proof of service without a certificate, you can refile it with the certificate.

I think if you just include complaint with copies of summons, that will be enough. It's up to you.

Also, pursuant to Local Civil Rules 4-2 of my court in Northern California, am I required to serve the following to the US Attorney?

http://www.cand.uscourts.gov/CAND/L...b2106e6db882569b4005a23f1?OpenDocument#TOC1_3

4-2. Service of Supplementary Material.

Along with the complaint and the summons or request for waiver of service, a party subject to Civil L.R. 16-2(a), (b), or (c), must serve the following Supplementary Material:

(a) A copy of the Order Setting Initial Case Management Conference and ADR deadlines issued pursuant to Civil L.R. 16-2(a), (b) or (c);

(b) Any pertinent Standing Orders of the assigned Judge;

(c) A copy of the assigned judge’s order and instructions for the preparation of a Case Management Statement or, if none, the Court’s form found at Appendix A, pursuant to Civil L.R. 16-10; and

I don't even understand what Initial Case Management Conference and ADR deadlines mean and if they are important to me case.
Click to expand...

no need to do this in your case

Also, if I mail these documents, do I need to write a heading on the envelope identifying what the contents are, and to whom should they be addressed to.

Right now I am thinkning of going with:

http://www.usdoj.gov/usao/can/about/officeinfo.html

Contents: Civil Complaint in the Case Number xx-xxxxx-xx

To: Joseph P. Russoniello, USA
Attn: Immigration Unit
Civil Division
United States Attorney's Office
450 Golden Gate Avenue
11th Floor
San Francisco, CA 94102
Phone: (415) 436-7200
Fax: (415) 436-7234
TTY: (415) 436-7221

Does that seem correct? Anything that I might be missing out?
Click to expand...

See in bold. You need to use certified mail and do not forget to attach a return receipt (small green card), ask for help at the post office if you'll have trouble filling that. As soon as return receipt comes back to you, you can file proof of service upon AUSA with the court. The AUSA has to respond within 60 days from the date on the receipt.
 
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I filed 1447(b) today

After 3 months of waiting of the n400 supervisor's final approval, I lost my faith on waiting.:(

Since my name check is cleared, I did not put FBI into my dependence. ( Can you believe that I have to file the lawsuit even my name check is finished!!):mad:

I filed case in San Jose North California district court.

The clerk gave us a bunch of documents to serve/read. She also quickly mentioned that my case is assigned to a magistrate judge instead of district judge. She said if we don't like it, she can reassign the case to a district judge.

My question is, does it matter for my 1447b case to switch to a district judge? Will it help if we go back and ask the clerk to change the judge?

Many thanks!!
 
waitforsolong

Magistrate judge has the same power as regular judge in civil cases. And magistrate judge is usually less busy so your case may move faster. No need to change.
 
lazycis said:
As long as your app is 4 months behind USCIS "processing time", feel free to file WOM, especially in N-400 case. Argue that FBI name check is not required by laws and regs and cannot be used to justify delay. "Name check" phrase is nowhere to found in laws or regs, the only required FBI check is fingerprint check.
Click to expand...

It's been a while since I was on this forum, fortunately, very few people from my time are still around, which means that their cases were solved.

I didn't follow either the evolution of such lawsuits, I am just curious if any court decision clarified the rather vague requirement of "full criminal background check". If there is no clear definition for this, I believe that your argument that "name check" is not required by laws and regulations would not fly with the majority of the judges, at least not in the N400 cases, where there is a law, which explicitely requires the completion of the "full criminal background check". USCIS can always argue, that the name check is part of this, if there is no explicit description what a "full criminal background check" means.

Did you see any court case, where the judge approved a citizenship application or ordered USCIS to adjudicate such case WITHOUT the completion of the name check?
 
Hi

sorry for going off topic , but need your help and I have a current law suit with the USIS et Al


Please help!



My late husband and I set up a self help forum for people wishing to move to the USA and live the dream. The idea was to protect people from being scammed by so called visa specialists like Mr Doug Hall, share experiences and make friends and become an advocacy for immigration reforms. Although the site is still very new we now have over 3000 members, but need many more.

The website is www.expatsvoice.org and we aim to achieve comprehensive immigration reforms that are no nonsense, common sense, protect children from aging out, a compassionate visa and a retirement visa for home owners who are able to support themselves.

We now have an online petition and ask if you would be kind enough to sign and leave a comment. Please also share the link with all your family and friends as we need thousands to support us by signing The petition is located at http://www.expatsvoice.org/forum/petition.php
 
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