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

[pang2008]

seeking advice from veteran WOM-filers

Hello everyone,

I am new to this thread, but I have become aware of the WOM process two years ago right after my I-485 was filed, thinking maybe i won't need it, but LOL here I am.

I am seeking your opinions on whether or not I should file WOM for green card right now, or two months later. some hard facts about my case:
1. I am the derivative beneficiary of my husband's I-485 application, he (the principle) has received his card 16 months ago, while mine is pending due to background checks.
2. The principle applicant's I-485 is based on an EB2 I-140, and his priority date (early 2003) is current. We filed our I-485s together in Sep 2006.
3. I tried all the methods to get somebody to look at my case with no vail. Wrote to first lady twice, done FOIP inquiry (no record), emailed FBI numerous times, wrote to two NY senators (no response), multiple infopass (was asked to write to TSC), wrote to TSC twice (was told to call 1-800 number), called 1-800 number tons of times (nothing comes out of it), wrote to Ombudsman last month, wrote to two California senators and one congressman last month (one no response, the other two told me to wait for another 60 days, if no result then contact them again -- another empty promise?)
4. I am now in northern California district, and from the court's website, I found a new rule effective 6/17/2008, not so sure whether this is a good sign for WOM-filers or not ( pls see the attached file).

If any of your veterans could shine some light on my hopeless endless journey, I'd be truly grateful!!!

 

[Larka-m]

Case transfer rarely takes more than a week. Court clerk is responsible for that so you may check with the clerk whether the case has been transferred or not. There is no need to file another complaint - the complete docket will be transferred.

Lacycis, et al:

I received this electronic notice from CM/ECF (Clerk's office):

Docket Text:
SUMMONS Returned Executed by XXXXXXXXX. MICHAEL CHERTOFF served on 7/7/2008, answer due 7/28/2008; JONATHAN SCHARFEN served on 7/7/2008, answer due 7/28/2008; JOHN THOMPSON served on 7/7/2008, answer due 7/28/2008. (Certfiied mail) (nr, )

If you notice - it says "answer due 7/28/2008" - is this meant for me (i.e. plaintiff) or for the defendant?

 

[jefkorn]

I think it's for Defendant's. They should have gotten 60 days from the date of serving the AUSA. Was the AUSA served on 07/07/2008?

Lacycis, et al:

I received this electronic notice from CM/ECF (Clerk's office):

Docket Text:
SUMMONS Returned Executed by XXXXXXXXX. MICHAEL CHERTOFF served on 7/7/2008, answer due 7/28/2008; JONATHAN SCHARFEN served on 7/7/2008, answer due 7/28/2008; JOHN THOMPSON served on 7/7/2008, answer due 7/28/2008. (Certfiied mail) (nr, )

If you notice - it says "answer due 7/28/2008" - is this meant for me (i.e. plaintiff) or for the defendant?

 

[jefkorn]

You are in the right place at the right time.

Quoting lazycis: http://boards.immigrationportal.com/showpost.php?p=1898737&postcount=16354
Northern CA is the best for AOS WOMs.

I am seeking your opinions on whether or not I should file WOM for green card right now, or two months later.

I would not wait for another two months or more and go ahead and start preparing the docs (Complaint, putting proof of the effort that you did to resolve the issue(letters, InfoPass etc) and go for it.

1. I am the derivative beneficiary of my husband's I-485 application, he (the principle) has received his card 16 months ago, while mine is pending due to background checks.

Did he get approved just 4 months of applying I-485? That's not too bad.

I tried all the methods to get somebody to look at my case with no vail. Wrote to first lady twice, done FOIP inquiry (no record), emailed FBI numerous times, wrote to two NY senators (no response), multiple infopass (was asked to write to TSC), wrote to TSC twice (was told to call 1-800 number), called 1-800 number tons of times (nothing comes out of it), wrote to Ombudsman last month, wrote to two California senators and one congressman last month (one no response, the other two told me to wait for another 60 days, if no result then contact them again -- another empty promise?)

All of the things that you did, document them and use them as exhibits in your Complaint. No need to wait for 60 days. 60 day magic number is classic time buying trick.

4. I am now in northern California district, and from the court's website, I found a new rule effective 6/17/2008, not so sure whether this is a good sign for WOM-filers or not ( pls see the attached file).

The attachment only describes the rules that should be followed for Mandamus related actions (action is a fancy word for lawsuit).

 

[Larka-m]

I think it's for Defendant's. They should have gotten 60 days from the date of serving the AUSA. Was the AUSA served on 07/07/2008?

Yes - all defendants and AUSA were served on the same day via certified mail...

 

[jefkorn]

According to Fed. R. Civ. P. 12(2):

(2) United States and Its Agencies, Officers, or Employees Sued in an Official Capacity.

The United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the United States attorney.

According to Fed. R. Civ. P. 12(1)(A)(i) non-Govt. defendant gets 20 days to respond.

I wonder if this is a mistake or may be I'm mistaken?

Yes - all defendants and AUSA were served on the same day via certified mail...

 

[toolong2]

Urgent, N400 denied, help please!

Hello all.

My N400 was denied with an unbelievable simple reason. The USCIS claimed it was because that I am not a person with credibility and good moral character, based on the mismatching residental address I provided at the 2 interviews. USCIS said that's an intentional lie under oath and may subject to serious legal action.

I lived in that apt 8 years ago in a different state. At my 2nd interview I had to provide the address I found online since I couldn't find my own record, which is one block off from the address I provided the 1st interview, for example. 1st interview: 1234 Woodview street, 2nd interview: 1241 Woodview street.

My question: if I appeal, or re-file, will I likely to be denied due to this "lack of good moral character" and "intentional lie under oath"? If I just give up and never apply to be natualized, by the time when I renew my gc (which is due in 1 year), will I likely be denied also due to the same bad record? Will it help if I move to a different state so there's no chance to be interviewed/processed by the same officier? but since the record is on file no matter where I live, I imagine each officier will always look at the history and previous decision and likely concur....

I have been feeling so frustrated, depressed and angry for what I have been through. I filed N400 over 5 years ago, 1447b over a year ago, and today I ended up with such a terrible result. What can I do if I want to keep living in the USA?

Will this bad record be valid for life long, meaning, if I ever needs to deal with USCIS in future, I'll be automatically denied due to "lack of good moral character" and "intentional lie under oath"?

Any suggestions? Thank you.

My timeline:
2003 - filed N400, interviewed
2005 - name check cleared
2007 - filed 1447b
2008 - interviewed for the 2nd time

 

[Larka-m]

According to Fed. R. Civ. P. 12(2):

(2) United States and Its Agencies, Officers, or Employees Sued in an Official Capacity.

The United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the United States attorney.

According to Fed. R. Civ. P. 12(1)(A)(i) non-Govt. defendant gets 20 days to respond.

I wonder if this is a mistake or may be I'm mistaken?

Maybe the Clerk screwed up and gave the Defendants 20 days to respond without realizing that they are part of the "United States and Its Agencies, Officers, or Employees Sued in an Official Capacity"

The other thing is that the Summons explicitly gives them 60 days to respond so maybe that supersedes the electronic notification?

 

[jefkorn]

I don't think you need to worry about it. It could be a data entry error. You could check with the clerk and they may take care of it right away.

Maybe the Clerk screwed up and gave the Defendants 20 days to respond without realizing that they are part of the "United States and Its Agencies, Officers, or Employees Sued in an Official Capacity"

The other thing is that the Summons explicitly gives them 60 days to respond so maybe that supersedes the electronic notification?

 

[Larka-m]

I don't think you need to worry about it. It could be a data entry error. You could check with the clerk and they may take care of it right away.

I am not worried about it - actually I hope this is not an error - then maybe the defendants will respond quicker and move the case along faster

 

[lazycis]

Urgent, N400 denied, help please!

Hello all.

My N400 was denied with an unbelievable simple reason. The USCIS claimed it was because that I am not a person with credibility and good moral character, based on the mismatching residental address I provided at the 2 interviews. USCIS said that's an intentional lie under oath and may subject to serious legal action.

I lived in that apt 8 years ago in a different state. At my 2nd interview I had to provide the address I found online since I couldn't find my own record, which is one block off from the address I provided the 1st interview, for example. 1st interview: 1234 Woodview street, 2nd interview: 1241 Woodview street.

My question: if I appeal, or re-file, will I likely to be denied due to this "lack of good moral character" and "intentional lie under oath"? If I just give up and never apply to be natualized, by the time when I renew my gc (which is due in 1 year), will I likely be denied also due to the same bad record? Will it help if I move to a different state so there's no chance to be interviewed/processed by the same officier? but since the record is on file no matter where I live, I imagine each officier will always look at the history and previous decision and likely concur....

I have been feeling so frustrated, depressed and angry for what I have been through. I filed N400 over 5 years ago, 1447b over a year ago, and today I ended up with such a terrible result. What can I do if I want to keep living in the USA?

Will this bad record be valid for life long, meaning, if I ever needs to deal with USCIS in future, I'll be automatically denied due to "lack of good moral character" and "intentional lie under oath"?

Any suggestions? Thank you.

My timeline:
2003 - filed N400, interviewed
2005 - name check cleared
2007 - filed 1447b
2008 - interviewed for the 2nd time

Sorry to hear about the denial. From now on I will advice everybody to fight the second interview.

What happened to 1447b suit? Was it still pending when USCIS denied N400? Did the court remand matter to USCIS?
I think the first thing to do is to amend the complaint and continue lawsuit.

You also need to appeal the decision by filing N-336 form first. If it is denied go to court again.

 

[toolong2]

Lazycis,

Thank you for your advise.

My 1447b is still open, yeah, been over a year since I filed the lawsuit.

The AUSA requested me to file volunteer dismissal since the USCIS has already made the decision, which is what my complain requested (either the court makes a decision or remand back to USCIS to make a decision).

You suggested to amend the complaint and continue lawsuit, how could I do that? what ground should I use to amend and continue my complaint?

My biggest concern is, if I decide not to appeal, instead, re-file, will this bad record cause automatic denial? i.e. future decision will be based on any previous decision?

Thanks a lot.

 

[wommei]

toolong2

Hey, toolong2,

I think you should check my old post #16684 and I attached a similar case to your situation. The USCIS denied the plaintiff's application because the USCIS thinks that person has no good moral character. BUt the court made a ruling that USCIS has no enough evidence to prove that the plaintiff has bad moral character. So maybe it is not a good idea to dismiss the case for now. And I think you should explain to the court that it is an honest mistake and you can not get any benefit by giving an incorrect address intentionally.




http://www.immigrationportal.com/showpost.php?p=1915897&postcount=16684

Lazycis,

Thank you for your advise.

My 1447b is still open, yeah, been over a year since I filed the lawsuit.

The AUSA requested me to file volunteer dismissal since the USCIS has already made the decision, which is what my complain requested (either the court makes a decision or remand back to USCIS to make a decision).

You suggested to amend the complaint and continue lawsuit, how could I do that? what ground should I use to amend and continue my complaint?

My biggest concern is, if I decide not to appeal, instead, re-file, will this bad record cause automatic denial? i.e. future decision will be based on any previous decision?

Thanks a lot.

 

[yourfirstname]

LazyCIS and others,

Today, i received interview letter for my wife for an interview in mid of the next month. Should I include her in the lawsuit? or leave her alone as she has already got interview letter.

Thanks

 

[jefkorn]

Page 1, 21-24 missing closing parenthesis
9 - USC should be U.S.C
10 - you may want to add more to support what you did to exhaust remedies. Don't have to go into details but a quick summary would do.
19 - Add exhibit if you have the copy of response from USCIS
22 - You may want to add that CIS/FBI has announced to clear NC pending more than 24 months by July, 2008 but plaintiff's NC still remains pending. Add copy of the press release as an exhibit.
31 - You may want to add "Injury to Plaintiff" heading to this section. Also emphasize the inability to vote. I used this in my complaint for delayed AOS "This further compounds Plaintiff’s irreparable injuries by disenfranchising him from participation in the U.S. political process for an unknown period of time."
36 - replace "reasonable time" with "without further delay"
36 - line 15: the period(.) should be semi-colon( ; )

I think the N-400 no interview arguments are somewhat similar to AOS mandamus as you are depending on Mandamus. If you have the names of the USCIS customer service persons you spoke, it may be a good idea to put that in an exhibit with dates and names. Just looks more professional, although I doubt that court or defendants are going to deny any of those phone calls.

Also adding Count I, Count II etc be good so you can categorize the violations by defendants. Also look at lazycis's template for Complaint for Naturalization applicants who didn't have interview.

I think it's ok to leave out your wife.

LazyCIS and others,

can you please review my draft complaint and advice.

Today, i received interview letter for my wife for an interview in mid of the next month. Should I include her in the lawsuit? or leave her alone as she has already got interview letter.

Thanks

 

[lazycis]

Lazycis,

Thank you for your advise.

My 1447b is still open, yeah, been over a year since I filed the lawsuit.

The AUSA requested me to file volunteer dismissal since the USCIS has already made the decision, which is what my complain requested (either the court makes a decision or remand back to USCIS to make a decision).

You suggested to amend the complaint and continue lawsuit, how could I do that? what ground should I use to amend and continue my complaint?

My biggest concern is, if I decide not to appeal, instead, re-file, will this bad record cause automatic denial? i.e. future decision will be based on any previous decision?

Thanks a lot.

If you have not filed a dismissal before denial was issued, the USCIS was without jurisdiction to make a decision. Do not dismiss your lawsuit. If you want, you can PM me your case # and I can take a look. If you do not dispute the denial, I am afraid all future applications will be denied.

 

[yourfirstname]

Hi Jefkorn and others,

Based on your suggestion and LazyCIS's template, i prepared another draft. Can you please review it.

Thanks

 

[jefkorn]

Page 1 - 1, I'm sure you are going to change the district yo your correct dist.
Page 1 - 9, Replace EMILIO T. GONZALEZ with Jonathan Scharfen, Acting Director, USCIS
Page 1- 15, the line pushed the closing parenthesis farther from the alignment
Page 1- 20, you could use an N-400 Application for Naturalization ("application") or ("N-400 Application") so you can refer to it with the shorter version and try to be consistent throughout the Complaint so whenever you refer to "'application", reader would know you are talking about your Natz application.
11 - you meant EB2 not E26
40 - It should the "applications" be "application" as you are only asking court to adjudicate only your application?
82 - 12,13 "are" is missing. It should read "The Defendants are required ..."
44 - you may want to add "the disenfranchisement from political process" in addition to what you already have added. It just sounds more emphatic.

Some paragraphs refer to you as petitioner and others as plaintiff, it should be plaintiff for sake of consistency.

Rest looks good. I thought my complaint of 13 pages was long ;-)

Hi Jefkorn and others,

Based on your suggestion and LazyCIS's template, i prepared another draft. Can you please review it.

Thanks

 

[pang2008]

Start to work on my complaint

jefkorn, lazycis and other gurus,

Thank you guys for actually go through the details in fellow member's complaints, it's like having a mentor on your side. How nice!! Now I've made up my mind to go for it.

Boy, I am giving my eyes no time to shut this weekend, so far, I've barely read the first 100 pages. Where do you think I should be start reading for WOM 2008?

1. Thanks for getting my first question answered!! Who's the USCIS's director?
Page 1 - 9, Replace EMILIO T. GONZALEZ with Jonathan Scharfen, Acting Director, USCIS

2. Format question, N. CA district seems to have a number||(text)| format, how do I get it from word? (i know it sounds stupid, but pls help as I am learning to crawl on this thread).

3. How to find out Texas Service center's director's name and address? I tried the 1-800 number, and was told no such information available.

4. Also, in our complaint, how do we bring up the 2/4/2008 USCIS memo regarding the policy change? (NC > 180 days)

Thank you all so much! Any input would be highly appreciated!

 

[lazycis]

pang2008,

I would start from page 560, when we started discussing jefkorn's complaint.
TSC director is Evelyn Upchurch.
USCIS Texas Service Center 4141 St. Augustine Rd. Dallas, TX 75227

Do not worry about formatting, you do not have to foolow any special formatting in your district. Use one of the templates posted in wiki
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps

Attach memo to your complaint. You will also find how to go about it in jefkorn's draft after reading the last few pages