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

Finally after 22 months I became a citizen on June 3. Had the interview and oath on the same day. I thank all the veterans in this blog site for a great site. During the stressful times it is always good to know you have friends. May all your generous hearts be rewarded. I also wish all those waiting the very best and hope you all get your cases resolved soon.

Best wishes
 
Chronological Processing of N-400

According to the INS Operation Instruction 103.2(q), USCIS's policy is to process applications for naturalization in chronological order, based on the priority date. There have been numerous reports of 2008 applicants from NYC receving interview letters, while summer 2007 applications are stagnating. I believe that this would be invaluable evidence to include in my WOM. However, the problem lies in obtaining the actual proof. Other than asking 2008 applicants for copies of their interview letters, is there a possible way to obtain such proof?
 
lazycis said:
You can get a proof using discovery request after you file a lawsuit.
Click to expand...

Much obliged! I'm still in the baby stages of preparing my WOM (reading the handbook, etc.), but I'll definitely be asking more questions as time progresses. A little background on my case: my PD is 9/4/07. All background checks have been cleared, and I was placed in queue for interview. I've already attended 2 InfoPass appointments and was told both times that IL will arrive within 1-2 months. As I've posted previously, numerous applicants with PDs considerably past mine have received ILs, some of them applied AFTER I was placed in queue. Their PDs range from October 2007 to April 2008. I contacted numerous politicians and spoke to an IO who initiated a service request for me. The responses that I've received so far all state that my case is in queue for interview, which will be scheduled when a date becomes available. Earlier this week, I called the NCSC and had my call escalated to an IO. The IO informed me that once a case is placed in queue, there's no telling how long it'll take to receive an IL (the first straightforward answer I got from a USCIS employee). She said that it could take a month or a year. I'm planning on filing my WOM as soon as my case turns 12 months old.
 
N400 is taking 3.5 month in Houston

Vorpal said:
According to the INS Operation Instruction 103.2(q), USCIS's policy is to process applications for naturalization in chronological order, based on the priority date. There have been numerous reports of 2008 applicants from NYC receving interview letters, while summer 2007 applications are stagnating. I believe that this would be invaluable evidence to include in my WOM. However, the problem lies in obtaining the actual proof. Other than asking 2008 applicants for copies of their interview letters, is there a possible way to obtain such proof?
Click to expand...

Vorpal,

I personally know a friend here in Texas, who applied for his N400 in Feb, 2008.
He just received the Oath letter for 06/21/08. His entire process took 11 weeks (From filing to Oath date).
It amazes me that the USCIS tell you one thing and it almost always turns out to be not true. They recently published the projected processing times
for N400 in Houston to be 14 month, yet it only took my friend less than 4 month.
I pray that everybody out there who's got a pending N400 files a WoM as soon as the application is outside processing times. Let the USCIS go bankrupt.

-----------------------------
N400 @ TSC
PD : 11/??/06
FP: 12/??/06
IL: ????????
WoM: 05/19/08
AUSA Reply Due 07/15/08
 
Objection to any Extentions by AUSA !!

Friends,

The judge set 07/15 to be a deadline for my WoM... I just have a feeling that the AUSA will ask for an extention..
How could I block that and not allow any extentions ?
Do I have a say so in judge's decision on extentions ?
Is it smart not to agree to any extentions requested by AUSA ?
Would that possibly put more pressure on AUSA ?

Thanks
 
N400-Misery said:
Vorpal,

I personally know a friend here in Texas, who applied for his N400 in Feb, 2008.
He just received the Oath letter for 06/21/08. His entire process took 11 weeks (From filing to Oath date).
It amazes me that the USCIS tell you one thing and it almost always turns out to be not true. They recently published the projected processing times
for N400 in Houston to be 14 month, yet it only took my friend less than 4 month.
I pray that everybody out there who's got a pending N400 files a WoM as soon as the application is outside processing times. Let the USCIS go bankrupt.

-----------------------------
N400 @ TSC
PD : 11/??/06
FP: 12/??/06
IL: ????????
WoM: 05/19/08
AUSA Reply Due 07/15/08
Click to expand...


It's the same situation in NYC. Summer 2007 applicants are stuck in a limbo, while some 2008 applicants get processed within 3-4 months. I will file my WOM as soon as my application turns 12 months old, regardless of whether or not I'm outside of processing times. As suggested by lazycis, I will use the discovery request to obtain proof of "out of chronological order" processing, as well as proof that processing timeframes have retrogressed twice this year. In NYC's case, the February 15 update showed that NYC has finished processing July 20. On March 15, the date went back to June 30. On April 15th, it went back to May 28. That proves that there is little to no validity in the processing dates.
 
about the extension

Hey, N400-Misery,

You can oppose AUSA's extension for deadline, but the judge will make the decision to grant or deny that motion. If you don't oppose, the judge will usually grant the motion to extend deadline.
If this is the first time they ask for extension, I would probably not oppose it. But if it is the second time around, I think you should oppose it. Also if you decide to agree with the extensions, feed them in small bite.:) The first time you can agree 1 month extension, next time maybe 2 weeks. I think my biggest mistake is that I agreed two month extension when they asked for it. Don't fall for that trap.
I almost forgot this. If your case is about becoming a US citizen, you probably have a stronger case. If that is true, you may oppose during the first extension, I think.
N400-Misery said:
Friends,

The judge set 07/15 to be a deadline for my WoM... I just have a feeling that the AUSA will ask for an extention..
How could I block that and not allow any extentions ?
Do I have a say so in judge's decision on extentions ?
Is it smart not to agree to any extentions requested by AUSA ?
Would that possibly put more pressure on AUSA ?

Thanks
Click to expand...
 
Last edited by a moderator:
N400-Misery,

You can and you should oppose the extension if it is for more than 2 weeks.
It's a good idea to prepare opposition beforehand as You may not have a lot of time to respond. If AUSA asks for a long extension, oppose it on the grounds that the nature of the action is agency delay and further delay will worsen plaintiff's injury and may lead to irreparable harm if you are not able to participate in upcoming elections. In the alternative ask judge to grant a two-week extension if AUSA tries to say that s/he is too busy.
Be aware of the fact, that extensions are rarely denied, but it could happen in your case as the judge ordered defendants to respond by a particular date.
 
I had a traffic citation(speeding ticket) from 2001. I paid fine and attended traffic school so the case was closed. I am just wondering if anyone has the experience of getting the prove that the citation has been cleared in preparation for the N-400 interview.

I called the traffic court today and was told to contact DMV to obtain a copy of my driving records since they don't keep records older than 3 years. Is a copy my driving records from DMV enough to show that my traffic has been cleared?

Thanks a lot!
 
meteor8 said:
I had a traffic citation(speeding ticket) from 2001. I paid fine and attended traffic school so the case was closed. I am just wondering if anyone has the experience of getting the prove that the citation has been cleared in preparation for the N-400 interview.

I called the traffic court today and was told to contact DMV to obtain a copy of my driving records since they don't keep records older than 3 years. Is a copy my driving records from DMV enough to show that my traffic has been cleared?

Thanks a lot!
Click to expand...

Technically, it should say "PAID" next to the summons on your driver abstract (record). If not, the fact that your driver license is indicated as valid on the record is proof in itself that the summons has been paid or dismissed. In most states, your driver license is automatically suspended for non-payment of a moving violation.
 
thanks for the quick reply. So I assume a copy of my driving records from DMV CAN be used as proof that the citation has been cleared?
 
meteor8 said:
So I assume a copy of my driving records from DMV CAN be used as proof that the citation has been cleared?
Click to expand...

I have similar problem. I was able to request 6-years old ticket "court disposition" from Virginia DMV but my attempts to get one from Maryland DMV so far have been unsuccessfull.

Luckily I paid with check and I requested copy of my checks from Bank of America (you can get summary listing for several years, then pickup the one you think you need - based on date and amount) still will try to get something from Maryland DMV.

Now, Santa Barbara court destroys tickets after 3 years, but I was able to get paper from the court saying that they destroy tickets after 3 years and another that based on my DL# there is no outstanding ticket. Again paid with check and got copy from BofA.
 
How long after FP...

I filed my WOM on 5/21 and went for fingerprinting on 6/5 after receiving their letter for fingerprinting. How long will I have to wait now before I hear anything. Will there be another interview? The suspense is killing me!!

Thanks
Madiba

I-485 filed: 1/23/2005
Interview: 5/21/2006
WOM File: 5/21/2008
Fingerprinting done: 6/5/2008
 
About hearing

Hi Lazycis and other members,

It has been about 1.5 month since served AUSA. We have not heard anything from USCIS or AUSA.

It looks like nothing is going to happen without us doing more. I want to file motion for hearing. But, all I know so far is 1447b, complaint, etc. I am worried the judge will ask me something that I don't know how to answer on the hearing. I wonder whether any of you have experience about hearing. Well, like what hearing looks like? Is that people gathered in the judge's office to have a meeting? How professional I have to be in order to answer judge's question?

Also, I just filed my first amended complaint. I am going to mail and file certificate of service. Do I have to sign the certificate of service before a notary?

Thanks,
 
waitforsolong,
It's not necessary to notarize your signature. Use certified mail to send amendment complaint to AUSA
 
I believe you get judgement by default if the AUSA does not respond in 60 days. So I will wait and skip the hearing request unless you feel the AUSA will ask for an extension on the 59th day (which many of them do).


waitforsolong said:
Hi Lazycis and other members,

It has been about 1.5 month since served AUSA. We have not heard anything from USCIS or AUSA.

It looks like nothing is going to happen without us doing more. I want to file motion for hearing. But, all I know so far is 1447b, complaint, etc. I am worried the judge will ask me something that I don't know how to answer on the hearing. I wonder whether any of you have experience about hearing. Well, like what hearing looks like? Is that people gathered in the judge's office to have a meeting? How professional I have to be in order to answer judge's question?

Also, I just filed my first amended complaint. I am going to mail and file certificate of service. Do I have to sign the certificate of service before a notary?

Thanks,
Click to expand...
 
waitforsolong

Hey, waitforsolong,

I think you should call local US attorney's office and find out who is the assistant US attorney that handles your case. And then you should call or email that person and ask what his plan would be when the 60 day deadline is up. Usually he should either file a motion to dismiss or a motion to extend deadline to the court. If he file a motion to extend deadline, you can oppose to that motion.
In some kind of hearing, you will have to have some sort of arguments. But for status hearing ( in my district, we usually have status hearing every 2 months), the main purpose is to discuss about the progress and the schedule of the case, not much of the oral arguments. If you do need to go on one of these hearings, it's better to dress conservatively, like going in on a job interview. The judge will consider we are Pro Se litigants and won't use difficult words that we don't understand. :)

waitforsolong said:
Hi Lazycis and other members,

It has been about 1.5 month since served AUSA. We have not heard anything from USCIS or AUSA.

It looks like nothing is going to happen without us doing more. I want to file motion for hearing. But, all I know so far is 1447b, complaint, etc. I am worried the judge will ask me something that I don't know how to answer on the hearing. I wonder whether any of you have experience about hearing. Well, like what hearing looks like? Is that people gathered in the judge's office to have a meeting? How professional I have to be in order to answer judge's question?

Also, I just filed my first amended complaint. I am going to mail and file certificate of service. Do I have to sign the certificate of service before a notary?

Thanks,
Click to expand...
 
FBI Postcard

I have received 2 postcards from FBI wishing me the best of luck in 2009 :)

U.S. Department of Justice
Federal Bureau of Investigation
Records Management Division
170 Marcel Drive
Winchester, VA 22602-4843

Your inquiry was recently received by the Federal Bureau of Investigation (FBI). We know that your request is important. However, we receive thousands of letters like yours each year and due to such volume, we are unable to personally respond to each one. Please know that we are processing all such requests as expeditiously as possible. For an update on your specific case, please contact the Agency that submitted your request to the FBI.

Post office stamped 3 days after FL office received my letter to FL. It has been a month since Senator inquiry and Congressman still waiting response from USCIS before inquiring FBI about my case.

Anybody has any idea what it means? I'm lost:
- Thousands mails per year and can't respond? Each of my FBI FOIPA was responded within weeks.
- Still saying that they processing these requests? But not letting sender know when they do? "Contact the Agency"? So I need to keep calling USCIS and asking if FBI has notified them of the results of processing my request?
- Is this how FBI will be dealing with requests from FL office from now on or am I just lucky one? :)
- Second postcard has some extra stamps, may be was sent from FBI to FL office?
 
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