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

[cuties]

I envy all those success stories of 1447(b) majority of which apparently come from CA.
Well, anyway, I wish I lived in CA.

Hello Ralphy and all.

I burst to tears when read your message. How sad? I once packed up and ready to move to Dallas when I heard of the Pilot program which the applicant will be granted GC in 3 months. My point is this, everyone are suffering a little lest of worse then the others, the bottom line we are all suffering because of these government inefficiency. The good thing is that we, you, I and everyone here do not let these haunt us down. We stood up, speak out and educated ourselves. And now we are fighting not just for ourselves but many newcomers who will be so gratefully benefits and sincerely appreciated your work, your encouragement. They will then follow your footsteps and talk about you for years. I think you will feel extremely lucky if you know that while I was waitting my mother passed away I can't attend her funeral, and that no one will be able to granted me. It was nightmar when my daughters asked me if I am not a criminal why the government is punishing me and I have no heart and words that make sense for an eight year old girl like her to tell.

My case was approved on May 24th and my daughter’s birthday was on May 29th . She has a big square cake, and she handed written on her birthday cake. Here what she wrote.

“Congratulation and thank you to all big heroes at Immigrationportal.com.

I ever met you but you brought my mother home, you make me very happy.

Thank you from my little heart”


She then cut several peaces of cake and assigns couple of name whose I mentioned and a bout five she assign as “the newcomers”

See? you are a hero for an eight year old, you should be pround of yourself and sheer up you will be there long befor you knew it.

~C

 

[Suzy977]

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

I wish everyone will have such a boring, uninteresting story like SuperK...I don't mind "suffering" of luck of excitement

CONGRATULATIONS SuperK. ..and enjoy your trip...you'll find your Summons from me in the mail box when you come back

 

[mohamedmohamed]

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

i will be very fair, i will send you your commission, you just have to start with the first come , first colelct, dont be like uscis, jumping though the lines,finish your business with the ones who are already done, and then get to the last ones, TSA, me, deal?

 

[mohamedmohamed]

Hello Ralphy and all.

I burst to tears when read your message. How sad? I once packed up and ready to move to Dallas when I heard of the Pilot program which the applicant will be granted GC in 3 months. My point is this, everyone are suffering a little lest of worse then the others, the bottom line we are all suffering because of these government inefficiency. The good thing is that we, you, I and everyone here do not let these haunt us down. We stood up, speak out and educated ourselves. And now we are fighting not just for ourselves but many newcomers who will be so gratefully benefits and sincerely appreciated your work, your encouragement. They will then follow your footsteps and talk about you for years. I think you will feel extremely lucky if you know that while I was waitting my mother passed away I can't attend her funeral, and that no one will be able to granted me. It was nightmar when my daughters asked me if I am not a criminal why the government is punishing me and I have no heart and words that make sense for an eight year old girl like her to tell.

My case was approved on May 24th and my daughter’s birthday was on May 29th . She has a big square cake, and she handed written on her birthday cake. Here what she wrote.

“Congratulation and thank you to all big heroes at Immigrationportal.com.

I ever met you but you brought my mother home, you make me very happy.

Thank you from my little heart”


She then cut several peaces of cake and assigns couple of name whose I mentioned and a bout five she assign as “the newcomers”

See? you are a hero for an eight year old, you should be pround of yourself and sheer up you will be there long befor you knew it.

~C

that the good part about this place, we balance the mess uscis created in our live, by helping eachother bring back the hop in their lives, it seem to be working

 

[cuties]

FBI gotta be kidding me!!!

Hello all,

Two minutes ago I received a call from the FBI head quarter, the officer introduced herself and goes on to say that the FBI is trying to work on my case but they does not have enought info. to work with !!!she would appreciated if I would give her my date of bithday and the A#. She mentioned that only thing she have is the complain latter that I send a couple of mounths ago

Any thoughts?

Best for all,
~C

 

[belle]

Two minutes ago I received a call from the FBI head quarter, the officer introduced herself and goes on to say that the FBI is trying to work on my case but they does not have enought info. to work with !!!she would appreciated if I would give her my date of bithday and the A#. She mentioned that only thing she have is the complain latter that I send a couple of mounths ago

~C

wow... interesting! so they ARE reading our complain letters. good sign
congrats!

 

[WaitingInDallas]

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

Congratulations! And a bunch of flowers to you, RealSuperK. I followed your case all the way because I am in Texas too. I enjoyed your "plain" but great story.

 

[cuties]

wow... interesting! so they ARE reading our complain letters. good sign
congrats!

I would be real happy if this was happen before I got the approval latter from the USCIS!! last weeks, Anyway thanks,

~C

 

[syt]

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,

For FBI FOIPA, please read attached two pdf files. These are all you need. And, yes, it took 3 weeks and 3 days for me to get response back from FBI. I send it out on April 14, 2006, and got the response by mail on May 8, 2006.

For District Court in your area, it is Eastern District of California, District Court. You can get confirm from http://pacer.psc.uscourts.gov/lookup.html. The web site for your district court is http://www.caed.uscourts.gov/.

I hope this help for you.

Regards,
syt

 

[syt]

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

If 1447(b) is taken out, can we complain that the 1447(b) was valid at the time we were interviewed by USCIS? For this issue, we may need to talk to legal professional.

 

[hadenuf]

I would be real happy if this was happen before I got the approval latter from the USCIS!! last weeks, Anyway thanks,

~C

I am a little confused. SO are you saying that USCIS approved your case without the FBI clearing your name check??. Why is the FBI asking for your details now when in fact your application has been pending for such a long time?.Just shows their incompetence. I guess anything is possible when it comes to these agencies.

But this just shows how incompetent these agencies are.THey can make a person wait for years together without even bothering to process his/her case.

 

[buggin]

Eastbayer,
Way to go!!! Another victory on our side.
I can't wait for my case to get resolved.

 

[syt]

Hello all,

Two minutes ago I received a call from the FBI head quarter, the officer introduced herself and goes on to say that the FBI is trying to work on my case but they does not have enought info. to work with !!!she would appreciated if I would give her my date of bithday and the A#. She mentioned that only thing she have is the complain latter that I send a couple of mounths ago

Any thoughts?

Best for all,
~C

Cuties,

Could you please let us know when you sent the complain letter to FBI? I sent complain letter to FBI two months ago, but there is no response at all so for.

Thanks,
syt

 

[buggin]

I did not cite any cases in my petition. I tried to make it as simple as possible. I thought the USCIS/FBI/US Att would sure know what I am talking about. I did collect cases posted here, in the worst case I would have to go to court. As you may have seen, nobody had ever gone that far and had the chance to see a real judge in court, not in movies.

That is true. You do not need to cite cases in this kind of petitions. The 8 U.S.C. 1447(b) is the main law we need.
I think a very small percentage of cases does go to trial. This is, of course, if you have any criminal convictions or something like that in your background. I read one of the Hovsepian cases and found out that he had convictions in his past. That was the reason he was denied the citizenship.

 

[buggin]

Hey Buggin

Looks like we'll be filing 1447b around the same time.

I've actually already filed (on 5/30/06).

I called around different attorneys, a particular one told me she had been to a hearing for a client who has been waiting for a year! And she said the Judge was siding with the GOVT...on the pending backgrounds!!! I am in MEUSDC.

Well, that is just a proof that judges are human beings with their own point of view and political preferences. I hope you'll get a better or more fair judge.

A gentleman I talked to at the DC told me he aint seen too many of the 1447b complaints...but am waiting. If they aint sent me anything for almost 90 days now..., I am not counting on the remaining 30 days.. How many allegations have you put in your complaints...I'd like to compare notes...I think I have 6 pages myself.

I also have 6 pages, but the last page is just a list of exhibits. As to the allegations, I just wrote what happened (all the dates: filed N400 on this date; had an interview on this date; the results of the interview; filed 2 inquiries with the USCIS with the same response "pending FBI background check," etc.).

 

[qim]

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!

This does sound good, and I beleive things are good for you (congrats!), however to play it maximally safe, you can somewhat improve the wording, like olgat and I did. You can take a look here for details:

http://www.immigrationportal.com/showthread.php?p=1360919#post1360919

but the idea is that instead of "is now prepared to adjudicate" stipluation would say "is now prepared to grant approval"

Good luck

 

[buggin]

Just one day before the deadline I received a call from the AUSA assistant (Kristine Sendek-Smith) who informed me that: (a) USCIS has just now requested an expedited name check, (b) she's filing a motion for a 2-month extension. I said that I could consent to a one-month extension.

Did you ever receive a copy of this motion for extension? The US Attorney must have sent a copy of it to you after she filed is with the court. After that, you would usually have some time to respond to the motion, and in your response you would argue why the defendants must not get the 60-day extension. This is the usual court procedure.

The judge sided with government and sent me an order that the extension is 2 months until mid-July.

Maybe the judge approved 2 months because you didn't file the opposition to the defendants' motion with the court.

A couple days ago I called the AUSA assistant and tried to sway her to call USCIS to find out whether my name check is complete. She absolutely refused to do anything beyond of what she already done.

She will not do it for you because she is not your lawyer. The reality is that she represents defendants and does not have a duty to do anything for you.

I wish you good luck.

 

[buggin]

NOW, that I am to do? Are they (defendants + distr. attorney) smart enough to understand it is a lawsuit against them without summon page? I looked through it - summon does not contain additional info about the case.

I am sure they are smart enough and will get the message. However, they might file a motion to dismiss based on an improper service, just a technicality that can cause you a headache.
I don't know what would be the right thing to do. I would just advise you to give a call to you court clerk and ask her/him what you should do.

DA already received my complaint, I hoped 60-day count started yesterday... Is it? Or it will start only when they receive summon?

Normally, the count starts the next day after the US Attorney is served. However, if the US Attorney wants to be a pain in the butt, he/she would try to dismiss based on this technicality (improper service).

 

[buggin]

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!

Sounds good to me. I'd make the deal. Sounds like you are almost there. Congrats!

 

[cuties]

I'm more tnen confused!!

I am a little confused. SO are you saying that USCIS approved your case without the FBI clearing your name check??. Why is the FBI asking for your details now when in fact your application has been pending for such a long time?.Just shows their incompetence. I guess anything is possible when it comes to these agencies.

But this just shows how incompetent these agencies are.THey can make a person wait for years together without even bothering to process his/her case.

Me too, I'm anxoius now. I have no idea what was this all about. If you would recall or see my prevoius post you will see that in 2003 I sent e-mails to the FBI after I was inforem by the USCIS officer that my name check is pending, and the FBI respond to me said that the FBI database indicated that I'm not on the systerm!! Seemed to me these ppl. have absolutely no clue whatsoover going in the other organizations. Well I have infopass for passport stamping this coming Monday. It's June 5th. I'll post the up date.

Good luck,
~C