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

Fingerprinting again, in less than a month !!!

Can any one clue me in please?
A month ago, USCIS had the interview for naturaliation, when I have got the "pending status"...As we were preparing for the lawsuit, exactly one month and one day later, we've got a NEW fingerprint request letter from USCIS: "in order to complete your background check, you must be fingerprinted...etc...etc"
What is interesting is thae fact that the previous fingerprinting was done in Feb. 2006, and now they require another one. The verbage in this letter sounds like this is the 1st fingerprinting in this case !
This letter though, looks to me that had been printed on a regular paper (not the ususal embosed paper) and has all the seals and everything else in black/white. This leads me to think 2 things:
1- they never got the fingerprints in the first place
2- if they did, they lost the fingerprints
Or, if I have to get paranoid, then this will be pending due to the fact that is still with FBI ?! and can work in their defense in court ?
Can any one make any sense of this ?
:confused:
 
lt1GM said:
I filed Pro Se, it's really not that hard, just read through this thread - everything you need is here. On page 91, you'll see a handful of documents another very helpful user in NJ has psoted you can use as guidance.

Those documents contain names and numbers of lawyers who have handled 1447b cases. I spoke to one yesterday, his name is Edward R. Rubin, 973-735-2730. I believe he charges $3k. Good luck!
Click to expand...

Hi It1GM,
Glad to finally see some filled in NJ. Is it possible to post your complaint (minus the personal stuff). I am in the process of completing my complaint and would love to see another one from NJ.

I have called lawyers and almost all of them don't do 1447 (one advised me to do it myself). So I am strongly thinking to go Pro Se like you.

Best Regards
 
Simple solution for Naturalization cases- be proactive

There is really a simple solution: conduct/complete the name check/ background check/whatever the government wants check before (or by the time) one becomes eligible to apply for naturalization. That way when they apply the government is done and then they can (as they should) respect the statutes.

This is feasible solution and can be done with a computer application which will schedule based on the date one become permanent resident and his/her eligibility date (5 year, 3 years).

Best Regards
 
Last edited by a moderator:
Summon with defendent attorney or not

To everyone who had filled out a summon,

On the summon form, I can't find a place to put the name/address for the defendent attorney (the district attorney). Do you include it with the defendents or not?

Thank you!

Emily
 
mechano said:
Can any one clue me in please?
A month ago, USCIS had the interview for naturaliation, when I have got the "pending status"...As we were preparing for the lawsuit, exactly one month and one day later, we've got a NEW fingerprint request letter from USCIS: "in order to complete your background check, you must be fingerprinted...etc...etc"
What is interesting is thae fact that the previous fingerprinting was done in Feb. 2006, and now they require another one. The verbage in this letter sounds like this is the 1st fingerprinting in this case !
This letter though, looks to me that had been printed on a regular paper (not the ususal embosed paper) and has all the seals and everything else in black/white. This leads me to think 2 things:
1- they never got the fingerprints in the first place
2- if they did, they lost the fingerprints
Or, if I have to get paranoid, then this will be pending due to the fact that is still with FBI ?! and can work in their defense in court ?
Can any one make any sense of this ?
:confused:
Click to expand...
i would see this as a good news, at least your case is not int he forgotten bin.
there are a few reasons they ask for multiple fingerprints, may be the first and second sets arent identifying enough, the prints of your fingers arent clear enough to be read, , or like you said, my be some one have lost them, but in all cases it is a good news, at least some one is working on it, you shouyld go get the fingerprints as they asked you, and may be when you get there you can try to see an immigration officer, not information officer, and ask what the deal, or have your lawyer ask them that question.
 
sfaizullah said:
There is really a simple solution: conduct/complete the name check/ background check/whatever the government wants check before (or by the time) one becomes eligible to apply for naturalization. That way when they apply the government is done and then the can (as they should) respect the statutes.

This is feasible solution and can be done with a computer application which will schedule based on the date one become permanent resident and his/her eligibility date (5 year, 3 years).

Best Regards
Click to expand...
it is ,but you are talking about a different scenario, a scenario where everything should be done to respect and follow the statutes, which is what is right, it seem like USCIS doing the otherway arround, trying to fit the statutes into what they are doing.
 
sfaizullah said:
Hi It1GM,
Glad to finally see some filled in NJ. Is it possible to post your complaint (minus the personal stuff). I am in the process of completing my complaint and would love to see another one from NJ.

I have called lawyers and almost all of them don't do 1447 (one advised me to do it myself). So I am strongly thinking to go Pro Se like you.

Best Regards
Click to expand...

sfaizullah, as I've said before, there are a number of NJ cases posted on page 91 of this thread by akram88 (posts 1351 and 1352 I believe). That should give you all the info you need.
 
breezyemily said:
To everyone who had filled out a summon,

On the summon form, I can't find a place to put the name/address for the defendent attorney (the district attorney). Do you include it with the defendents or not?

Thank you!

Emily
Click to expand...
i dont if the summon in your district is different, but am attaching one here, on 1st page, there plaintiff(you), and deffendents (USCIS/DHS), and below that there "to" feild, that is where you write the address of who is being served, but you have to fill a different summon for each defendent being served, i.e. 1 for the local USCIS, and 1 for the local US attorney, and so on,
 
I've attached three summons forms here that are filled out as they should be. Hope this helps!
 
Last edited by a moderator:
lt1GM said:
sfaizullah, as I've said before, there are a number of NJ cases posted on page 91 of this thread by akram88 (posts 1351 and 1352 I believe). That should give you all the info you need.
Click to expand...

Thanks It1GM! Did you hand deliver your complaint to the court or mail it?

Best Regards
 
2nd fingerprinting

mohamedmohamed said:
i would see this as a good news, at least your case is not int he forgotten bin.
there are a few reasons they ask for multiple fingerprints, may be the first and second sets arent identifying enough, the prints of your fingers arent clear enough to be read, , or like you said, my be some one have lost them, but in all cases it is a good news, at least some one is working on it, you shouyld go get the fingerprints as they asked you, and may be when you get there you can try to see an immigration officer, not information officer, and ask what the deal, or have your lawyer ask them that question.
Click to expand...

Thank you Mohamed!
I think you might be right (although in my twisted mind I see this as an elaborate case to throw me off course and have me confued).
You bet I'll be there with gloves in the hands, and no scratches ! :D
I'll keep you posted and let you know what's going on. See....at this moment in time I don't want to steer the water, technically they still are in the 120 days...I let them think I am a dummy, and not asking anything. I'll let them do their thing, and I am doing mine: get ready for court any way.
All the best ! and I'll be back with more news.
 
sfaizullah said:
Thanks It1GM! Did you hand deliver your complaint to the court or mail it?

Best Regards
Click to expand...

I delivered the complaint to the court house in Trenton, NJ and was able to take the summons with me right away. I mailed them to the defendants certified with return receipt the same day.
 
Can U Pls. Post A Sucess Story 4 Writ Of Mandamus 4 Naturlization

Hi All , Can Anyone Please Post A Sucess Story For Writ Of Mandamus For Naturlization A Recent Case If Possible. I Want To Use It As An Exhibt In My Case. The Reason Is That I Made A Mistake And Filed A Writ Of Mandamus Instead Of Petition For Hearing 1447b Which I Think It Was A Big Mistake,any Help Will Be Appreciated Thanks ...
 
amad said:
Hi All , Can Anyone Please Post A Sucess Story For Writ Of Mandamus For Naturlization A Recent Case If Possible. I Want To Use It As An Exhibt In My Case. The Reason Is That I Made A Mistake And Filed A Writ Of Mandamus Instead Of Petition For Hearing 1447b Which I Think It Was A Big Mistake,any Help Will Be Appreciated Thanks ...
Click to expand...

Why don't you refile with a Petition for Hearing...under 1447(b)???
 
So, I have the question about when the 60 day period starts. People here seem to think that it starts with serving the summons on the US District Attorney, yet the Rule states that it's "when a defendant etc, US Attorney or US DA, whichever is LATER" Am I missing something here?
 
Letter to DHS Ombudsman - I485 delays ...

I had received a response from Ombudsman's office that they will start a formal inquiry for my case with USCIS and please give us 45 days. Has anyone else received this kind of response? Is this a positive sign or just another form of tactical delay. If so, then I rather go-ahead with the WOM.

Anyone out there in similar boat?

thx,
-Moonwalker
 
PHP: 
Hi All , Can Anyone Please Post A Sucess Story For Writ Of Mandamus For Naturlization A Recent Case If Possible. I Want To Use It As An Exhibt In My Case. The Reason Is That I Made A Mistake And Filed A Writ Of Mandamus Instead Of Petition For Hearing 1447b Which I Think It Was A Big Mistake,any Help Will Be Appreciated Thanks ...
Amad, i dont think it is a big mistake, i think you can still keep the whole issue undercontrol
WOM udsed to compes US agents to perform their dutie, which work for you since your case have been perding for period of time longer that reasonable, so it is applicable in your case.
at the same time, you can use the stute 1447 to fight any excuse by uscis , as a secondary support. at the right time, let say they wrote to the court saying some usual legal crap, that will be a good time to bring 1447, and the previous cases, which does nothing but support your complain, that the adjudication of your case took too long.
personally i think if it have been used to comple them to adjudicate AOS (which doesnt have any statute that say how long they can take to finish), if the WOM can be, and have been succefully used for that, using the same argument(WOM) to compel them to adjucate Naturalization(where there is a statute that ristrict how long it can take) using for argument like that , is very does add more strength to your argument, and it doesnt weaken it , as you may think.
moonwalker said:
I had received a response from Ombudsman's office that they will start a formal inquiry for my case with USCIS and please give us 45 days. Has anyone else received this kind of response? Is this a positive sign or just another form of tactical delay. If so, then I rather go-ahead with the WOM.

Anyone out there in similar boat?

thx,
-Moonwalker
Click to expand...
that what he told me , his 45 ihave about 1 week remaining, didnt wait for him, i just filed with the court.
i have heard at least one person said that he couldnt do anything for him, and when he said , i will enquire, to me that doesnt sound much different than what the congressmen and senators offices do, which is very similar to what you can do , ask when your case is , the answer always is pending completion of name check, in conclusionam very skeptic of his ability to make any different, keep in mind that he only make recommendation, and USCIS are not bound by what he said.
 
I received one in early April. Someone posted that they had received the same letter but never heard anything again.
 
sorry that post is a little messed up, so i had to redo it, and am given everyone the

Hi All , Can Anyone Please Post A Sucess Story For Writ Of Mandamus For Naturlization A Recent Case If Possible. I Want To Use It As An Exhibt In My Case. The Reason Is That I Made A Mistake And Filed A Writ Of Mandamus Instead Of Petition For Hearing 1447b Which I Think It Was A Big Mistake,any Help Will Be Appreciated Thanks ...
Amad, i dont think it is a big mistake, i think you can still keep the whole issue undercontrol
WOM udsed to compes US agents to perform their dutie, which work for you since your case have been perding for period of time longer that reasonable, so it is applicable in your case.
at the same time, you can use the stute 1447 to fight any excuse by uscis , as a secondary support. at the right time, let say they wrote to the court saying some usual legal crap, that will be a good time to bring 1447, and the previous cases, which does nothing but support your complain, that the adjudication of your case took too long.
personally i think if it have been used to comple them to adjudicate AOS (which doesnt have any statute that say how long they can take to finish), if the WOM can be, and have been succefully used for that, using the same argument(WOM) to compel them to adjucate Naturalization(where there is a statute that ristrict how long it can take) using for argument like that , is very does add more strength to your argument, and it doesnt weaken it , as you may think.
 
Update on my case

On Monday, April 17th, I walked into the post office to check my mailbox and I had received my acceptance letter for law school! Then I get back into my car and my cell phone beeps with a message. I listen to it, and it’s from the USCIS Washington DO. I knew it was my dad! I immediately return the call, but it goes to the officer’s mailbox and I leave a message. I hope to hear something from USCIS on Tuesday, but I don’t. Then on Wednesday morning, I left for Bermuda and spent most of the afternoon playing phone tag with the officer. Finally, I just left a message with my e-mail address. The next day I check my inbox and there’s a message from USCIS and it asks me to set-up an appointment regarding my naturalization application pursuant to discussions with the US Attorney’s Office. I write back and said that I could make it on Thursday, April 27, 2006. The officer replies telling me that I should bring my GC and the appointment letter that she was going to mail out.

This morning, I arrived at the Washington DO two hours early and was sent to the second floor by security. The receptionist on the second floor sent me back to the receptionist on the first floor, who then sent me to the information officer area and requested that I give the appointment letter to any officer. I do that and I wait and I wait. Finally, the officer appears asks me what I’m doing downstairs. I explained to her that I had been sent down here by the receptionist upstairs. She writes a note on a post-it and sends me back to the second floor where another officer is waiting for me by the elevators with my file (a piece of paper with “Mandamus” written in bold was attached to the cover). We walk into a room and he asks me what I’m there! I told him that I had been asked to come under an arrangement worked out by the US Attorney’s Office. He then opens my file and looks thru it and says that my application has already been denied for not producing documents. Then while he’s flipping thru the file, we both noticed that the documents I had supposedly not sent where there. Then he looks at the documents and says that they weren’t even necessary as I was a minor at the time! So he tells me that I’m approved but that my fingerprints had expired on April 18th and that he couldn’t schedule an oath till I had the prints taken for a second time. We both walked downstairs to speak with the first officer and they call the application support center in Alexandria and tell them that they should be expecting me. I drive over and take my prints without having to wait in line.

After taking my prints I call the first officer and asked her what to expect next. She tells me that she should have the results by Wednesday and that she would schedule me for an oath ceremony immediately following receipt of my fingerprint results! So hopefully, I’ll be naturalized by next Friday!
 
You must log in or register to reply here.
Top