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

[Balto]

Ralphy, thanks for sharing info in Maryland

I envy all those success stories of 1447(b) majority of which apparently come from CA.
.......................................
In Maryland it is not that rosy.

Well, anyway, I wish I lived in CA.

I did not have high expectations for filing in Maryland from the beginning, when I saw it took "marylander" nearly 4 months to get the result, he filed on 12/27/05 and got his certificate on 4/14/06 and he was the first person from MD who spoke up here. Well, at least you know that your case is being worked on, it's just a matter of time. I filed in mid-May, and was hoping to get it done by the end of July, now it seems unlikely. I hate that expression "you know it's the government", WTF are they saying!

Good luck to you, Ralphy, and please, please, please keep everyone, especially people in Maryland, posted with the progress of you case. Would you mind to share your timeline?

Best Regards,

Balto.
P.S. I took the liberty to add your info in the tracking thread generated by Emily, also filed in MD(see below in my signature), hope it's ok with you. Also I think you will probably receive your oath letter soon, as I recall "marylander" said in his case, he received the oath letter first, then the AUSA asked to dismiss the case. So mid-July should be the time for you to dismiss the case.

 

[tsa3400]

Okay I did some digging around and found out since 1997 till date. Lawyers started to realize Mandamus and 1447b only 8 years back. Before they would just file Complaints against USCIS. Goes to show how much they new about the Law

Mandamus completed

People vs USCIS
Won Won
232,490 1790

1447b

People vs USCIS
Won Won
132,000 1,339

Since 1997 cases filed 403,203 pending since 1997 49,546

The graph had showed that most cases were filed in 2004 and 2005

Please don't ask where I got this information from. I cannot give out the source. And if you think I made this up then think again. I want everyone to know that I had a vested interest in this USCIS mess and did a lot of Research in Dec of 2005 and was shocked at how they were not bothered when the new guy took office. They were told by Emilio T Gonzales that all the high paying jobs will be lost if the USCIS managers don't get this down to 10% by 2007. The order came from the Top most Guy George Bush the 2nd. Also another good thing that has come out of this Illegal Immigration is that no legal resident can now ever be deported even if they are denied or they run out of legal status as this bill will help folks who were legal and then USCIS made them illegal. I would have been one of them if they did not act sooner. So keep filing and showing them that you will not stand for their incompetency. USCIS forgets that the S at the end of USCI is called Service and it is a Service industry that gets huge amounts of money from Federal Reserve thru Congress and our Application Fees and they are not doing shit. So keep the fight up and "May the Force be with you YoungGrasshoppas"


The figures on top are just census from AILA so don't shoot the messanger and ask the messanger who that contact is. What is important is that we do not stand in the eyes of injustice and let these assholes run our lives. And don't show them u are scared. Put them in their place but be polite while doing it. And never get angry ever, they will hold that against u or just shread a paper from your file and can mess you up.

 

[mohamedmohamed]

Victory​

Another victory … I endorse it to Publicus, Suzy, Mohammed2x and all.

Filed my 1447b on 03/27/06
Sammons served and received by the local AUSA office on 04/03/06.
Just this week I called AUSA and left a message with my name and case# that I want to talk to the Attorney assigned to handle my case.
A day later called again and remind them their answer due date is 06/03/06.
Yesterday (05/31/06) a lady left me a message that they couldn’t locate my case, so they need the names of the Defendants. I called and left a message with the needed info.

Today at 1:05 PM a lady called me and introduce herself as the attorney assigned for my case, and said “ Congratulation on you naturalization and…”
I said, “Wait …wait…wait…what are saying?? That was never happened. No body contacted me or…
She said, “ Calm down Sir, there is a note in front of me saying that you supposed to have been taken your oath yesterday. I said, never happened and I’m smelling something fishy here and….” She said, Okay, well then…let me call the officer and I will call you back.
The shorter notice in history( I think)
At 1:45 pm an officer called me, introduced himself and said there was a mistake and a misunderstanding and if I could make it he will be more than willing to give private oath
Because there was no ceremony today, but he preferred if I can wait till tomorrow.

I said “No, Sir I’m not going to wait for tomorrow, I have waited so long. And after what you have called misunderstanding, I do prefer to do it today. I’m about half an hour from your office.” He said, Okay Sir, I will but your name at the reception and come to me directly.
I was at the office at 2:30 and to make it short. He said to me “I’m very impressed with the action you have taken, that you get to the federal court. You are the kind of citizen we need in this country and…… He added, “ I never pretended that we are doing the best job in the world but…anyhow I’m proud of you.
At that moment every body and every name here came into my mind and tear dropped out of my eye. And I said then you should be proud of publicus, Suzy, Mohamed and the others. He thought that I went out of my mind and said, what are you talking about, who are they? I said MY FRIENDS.

At 3:30 I took the oath …I’m a US citizen….

thank you, we al are pround of you, and everyone it is a collective efforts, that gave us the chance to do what we did, and it is everyone input that have helped people liek win, and will help the other too, i think what publicus started, ended as a movement that did shook the practice of the uscis, may it could be done in a more organized and better way, but we still made a progress.

 

[tsa3400]

Hi guys, I need you help again.

Here is what I got from the DA's office:

Plaintiff, appearing pro se, and Defendants, by and through their attorney of record, hereby stipulate, subject to the approval of the court, to dismissal of the above-entitled action without prejudice in light of the fact that the United States Citizenship and Immigration Services is now prepared to adjudicate plaintiff's application for naturalization and agree to adjudicate such application within 30 days of the dismissal of this action.

Each of the parties shall bear their own costs and fees

---------------------------------------------------------

Does it sound good enough? qim, horiba, SyedNaqvi, What did you do? I filed in Northern CA district.

Many thanks!

First off Congrats. Second, did USCIS or DA fax you a letter with your name and your case to you saying that in 30 days it is going to happen ? If yes then still don't dismiss it. Ask the DA to put it in Pending mode. You can do that. Say you do not trust USCIS and do not want something which is floating in the oral air if you will. Get it in Black and white. Also ask him to file this 30 days agreement with the Courts and then when you see it in your Pacer system then download it and save it. Also get that letter from DA or USCIS. I not only got the approval letter but also the I-485 application that the DA from Washington had written shit on like "Do not adjudicate the case as it is in Vault, please review before approval" and all that fucking crap. Now if they do not give you that then say I'm going to file a Memorandum. Again don't rush into this yet and take my word for it. Wait till you hear from others in this thread. Also see if you can make some excuses like delay them and say I have to go for a few days. Let them sweat those bastards. But get it in Black and white with the DA's signature and the USCIS person's signature too. Do not I repeat do not sign anything till you get it in black and white. I recently found out from some lawyer here that even "Without Prejudice" they can argue that because you asked them to put that there. So be careful. Don't get scared but be careful and smart.

 

[syt]

Did you do FOIPA, congressman letters etc? I know that they aren't required for 1447(b), but just curious?

My 120 days would be over on 09/08/2006, around a month after you. You can understand very well how terrible is it to wait for the end of 120 days.

khalafan2000,

I totally understand your feeling. It is really terrible even only one day with uncertain situation of name check pending. That is why I prepare my lawsuit so early. I did all you mentioned. Sending email to FBI, USCIS, Congressman, Senator. I got my FOIPA reply from FBI with "no record" on May 5 which is 3 weeks later from I sent out for FOIPA request. I got the reply from Senator Boxer. She ask me to send email to fbinncp@ic.fbi.gov for such request. Do you like this answer??? (Please don't give your vote to her if you are in CA. She does not care and help about people's need as what she should do. We don't need such Senator to represent Californian in Federal Government and Senate.) You know it is useless. I suggest you put all your effort on studing how to file a lawsuit of 1447(b) petition and well prepare it and file it at 121th day after your interview.

syt

 

[mohamedmohamed]

Okay I did some digging around and found out since 1997 till date. Lawyers started to realize Mandamus and 1447b only 8 years back. Before they would just file Complaints against USCIS. Goes to show how much they new about the Law

Mandamus completed

People vs USCIS
Won Won
232,490 1790

1447b

People vs USCIS
Won Won
132,000 1,339

Since 1997 cases filed 403,203 pending since 1997 49,546

The graph had showed that most cases were filed in 2004 and 2005

Please don't ask where I got this information from. I cannot give out the source. And if you think I made this up then think again. I want everyone to know that I had a vested interest in this USCIS mess and did a lot of Research in Dec of 2005 and was shocked at how they were not bothered when the new guy took office. They were told by Emilio T Gonzales that all the high paying jobs will be lost if the USCIS managers don't get this down to 10% by 2007. The order came from the Top most Guy George Bush the 2nd. Also another good thing that has come out of this Illegal Immigration is that no legal resident can now ever be deported even if they are denied or they run out of legal status as this bill will help folks who were legal and then USCIS made them illegal. I would have been one of them if they did not act sooner. So keep filing and showing them that you will not stand for their incompetency. USCIS forgets that the S at the end of USCI is called Service and it is a Service industry that gets huge amounts of money from Federal Reserve thru Congress and our Application Fees and they are not doing shit. So keep the fight up and "May the Force be with you YoungGrasshoppas"


The figures on top are just census from AILA so don't shoot the messanger and ask the messanger who that contact is. What is important is that we do not stand in the eyes of injustice and let these assholes run our lives. And don't show them u are scared. Put them in their place but be polite while doing it. And never get angry ever, they will hold that against u or just shread a paper from your file and can mess you up.

good work TSA, thanks for the valuable info

 

[mohamedmohamed]

my undate

i called the US attorney today introduced myself, and ask if anything have jappen , or any progress have been made in the case, he said that he have spoke to "some other peoples" who are working on the case, and have been told they have submitted a request for expedit check, and he is not if that will go through, or not, but he is expecting some update by the end of the next week, he added that if nothing happen byt the time the answer is due, will have to sit togetehr and talk the whole thing over, and see what we gonna do.
this is the good part with all the dociment i have sent him, about 17 pages with my address and phone number, he was asking about my phone number saying that he doesnt have it, so i just gave it to him.
seem to me like he is expecting something, even he isnt sure what going to hapen, because he know like we do, that you cant hold your breath on anything the uscis and fbi supposed to do, till it happen, so i think that hes a little careful, not give too many promises, but i am content with the fact that they are trying to get this done.
now i want some one (no names) to predict when this is going to be finished, becausse frankly i need it done before the end of june, otherwise, i can loose my offer for the graduate program i want to attend 2006-2007

 

[syt]

syt:

Thank you for you reply. How can I find out if name check is the only problem for my case? Should I call USCIS hotline to find out? By the way, looks like you are filing 1447b yourself. What make you change your mind to file it by yourself? I have not decide if I should file it myself or ask Justin Wang to file for me. Also it is very encouraging to see many people who are fighting for their rights won their cases recently. I am looking forward my 120 expiring. We are legal immgrants and we obey the law and we pay our tax. We don't deserve to be treated like this.

Many thanks,

Jack

Jack,

After you read more and more from this thread, you will change your mind. Attorney asked me to contact him after 120 days from interview. And then, he is going to start work on my case after I pay. I don't know how long an attorney need to prepare for my case. But, I can't wait even one more extra day to file this petition. So, I started to prepare my lawsuit by myself and get help from here. I can say that I almost done all paperworks. I plan to visit district court at Oakland and ask clerk some questions next week. I can pay thousands dollars for lawsuit, but I can't bear and don't want any delay anymore. I can do it better than attorneys. "You can do it, we can help" (P.S. I don't work for Home Depot.)

syt

 

[syt]

Bellow please find a summary of my filing details. Hope it is helpful for people from Bay area, CA. .....

Eastbayer,

Congrats.
Thanks a lot for sharing your experience. It is really helpful for northern Calfornian. Thanks a lot US Citizen.

Regards,
syt

 

[hadenuf]

They were told by Emilio T Gonzales that all the high paying jobs will be lost if the USCIS managers don't get this down to 10% by 2007. The order came from the Top most Guy George Bush the 2nd. Also another good thing that has come out of this Illegal Immigration is that no legal resident can now ever be deported even if they are denied or they run out of legal status as this bill will help folks who were legal and then USCIS made them illegal. I would have been one of them if they did not act sooner.

Tsa, congrats on your approval. You have mentioned that a legal immigrant cannot be deported if CIS makes him out of status or if his lawsuit gets denied. Can you please point out the basis for this??.IS there any provision in any particular bill that says this??

By the way syt, your quote "you can do it, we can help" is very appropriate.

 

[Suzy977]

now i want some one (no names) to predict when this is going to be finished, because frankly i need it done before the end of June, otherwise, i can loose my offer for the graduate program i want to attend 2006-2007

You will have this done in 2006

Seriously...it's a tough call, I believe you have chances to have it done by the end of June, but I'll say, try to work closer with the US Attorney and have him/her help you.

My estimate is: Before July 20th...(which could be before June 30th too )

P.S. When Publicus was going to "Madam Zelda" for palm readings and Crystal globe readings he was paying good money (he still goes there ) when you guys are you gong to start sending my commission for these predictions

SuperK owes me a lot of money by now, I'm preparing my complaint to take him to the court
...SuperK, if I have to, I'll take you all the way up to the US Supreme Court, you have no escape

 

[Balto]

You will have this done in 2006



SuperK owes me a lot of money by now, I'm preparing my complaint to take him to the court
...SuperK, if I have to, I'll take you all the way up to the US Supreme Court, you have no escape

Make sure you file in LA so there is no filing fee.

Balto

 

[boston_case]

Jack,

After you read more and more from this thread, you will change your mind. Attorney asked me to contact him after 120 days from interview. And then, he is going to start work on my case after I pay. I don't know how long an attorney need to prepare for my case. But, I can't wait even one more extra day to file this petition. So, I started to prepare my lawsuit by myself and get help from here. I can say that I almost done all paperworks. I plan to visit district court at Oakland and ask clerk some questions next week. I can pay thousands dollars for lawsuit, but I can't bear and don't want any delay anymore. I can do it better than attorneys. "You can do it, we can help" (P.S. I don't work for Home Depot.)

syt

Syt,
I really appreciate your preparation. I am thinking of filing 1447b lawsuit on 8/15. My only fear is if the new compromised immigration law passes before that time we are doomed.

Gurus: Suzy, Mohammad... any idea about the time frame of House-Senate Conference Committee to be formed and any compromise (if any) bill to come out of it....

 

[Eastbayer]

The fax from the DA's office

did USCIS or DA fax you a letter with your name and your case to you saying that in 30 days it is going to happen ?

Yes, with my name and case number. It is titled as "Stipulation to dismiss and [proposed] order. I guess since it is a proposed order, I should be able to negotiate the terms. At the end of this proposed order, there is a place for the Judge to sign. I went to the Oakland sub-office of USCIS. I was told the name check is clear and everything is ready. However, my file is in SF office now (due to this lawsuit?). They asked me to fill out an inquiry form and they will send it to SF.

I got the impression from this forum that we don't have to dismiss a case in order to let CIS approve my case. But I am supposed to file a joint statement with DA for the initial case management conference next week. I guess I cannot put this on hold for too long.

Any suggestions? Thanks

 

[cajack]

Syt:

Thank you for your reply. I have a couple of question. How did you request a FOIPA? Could you share with me the steps that you took to request a FOIPA? Did it take three weeks for you to get FOIPA result back? I live around Sacramento. What court should I file my 1447b law suit? I found this court. Should I file my law suit here?

http://207.41.18.73/caed/staticOther/page_455.htm




Thanks,

Jack

Jack,

After you read more and more from this thread, you will change your mind. Attorney asked me to contact him after 120 days from interview. And then, he is going to start work on my case after I pay. I don't know how long an attorney need to prepare for my case. But, I can't wait even one more extra day to file this petition. So, I started to prepare my lawsuit by myself and get help from here. I can say that I almost done all paperworks. I plan to visit district court at Oakland and ask clerk some questions next week. I can pay thousands dollars for lawsuit, but I can't bear and don't want any delay anymore. I can do it better than attorneys. "You can do it, we can help" (P.S. I don't work for Home Depot.)

syt

 

[Suzy977]

Make sure you file in LA so there is no filing fee.

Balto

I'm expecting your invitation in the mail (for celebration ) by August 01, 2006...otherwise you'll be on my list next to SuperK

About filing fees, don't worry about that, I'm going to ask for court costs and attorney fees too

 

[cajack]

I think I have similar question. Does anyone here has updates on the amendment on section 1447b in new comproised immigration law? The rumor is that congress is thinking about take this section out. But I don't know if it is true. If it is true, how long will take this bill from debating to signning into the law?

Jack

Syt,
I really appreciate your preparation. I am thinking of filing 1447b lawsuit on 8/15. My only fear is if the new compromised immigration law passes before that time we are doomed.

Gurus: Suzy, Mohammad... any idea about the time frame of House-Senate Conference Committee to be formed and any compromise (if any) bill to come out of it....

 

[Balto]

boston_case, I feel your pain

Syt,
I really appreciate your preparation. I am thinking of filing 1447b lawsuit on 8/15. My only fear is if the new compromised immigration law passes before that time we are doomed.

Gurus: Suzy, Mohammad... any idea about the time frame of House-Senate Conference Committee to be formed and any compromise (if any) bill to come out of it....

Back in April, I was so worried about the bill and asked the same question. There is really no way to predict (well, Suzy might do it, but now she charges a fee ) what's gonna happen, just keep your fingers crossed and keep your eyes on the issue. On the other hand, look at the bright side, the CIS memo dated late April was calling for the agency not to schedule interview before NC is done to avoid 1447b's 120 day statue lawsuit, so at least you have HAD your interview! I know one can still do WOM for the long delay, but consider how much (useless) effort you have to make before you can file WOM, it makes me sick!

Best of luck to all!

Balto

 

[Balto]

You got it Suzy!

I'm expecting your invitation in the mail (for celebration ) by August 01, 2006...otherwise you'll be on my list next to SuperK

About filing fees, don't worry about that, I'm going to ask for court costs and attorney fees too

Thanks for the prediction, and you will be invited for the celebration for sure. But wait, I never ASK for your prediction so this one should be free

Have a good weekend, all!

Balto

 

[RealSuperK]

As of noon today, I'm a citizen of the United State Of America (sorry, Suzy, the story kept on being plain). As of 12:15 (or so), I have dimissed the lawsuit.

As of 2:30 I'm planning to leave the country to avoid the legal battle with Suzy