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

qim said:
However, UA Atty. office didn't like the "revert" piece because, as they explained to me, this was already effectively included by using wording "without prejudice" (which is correct).

This is exactly what I was talking about in my previous posts. If you dismiss your case "without prejudice," you have the right to file it again (another $350 filing fee). However, it is going to be a whole new case, starting all over again, and not a continuation of the first one.
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Balto said:
She can't even speak in sentencesha, ha, ha, ha, she's not alone, you know what I mean :rolleyes: Is she R or D?

She is a D. When you talk to her, it seems that she has just come from the Twilight Zone. :D
I guess that is another reason why I want to become a US citizen, so that I can vote for better people in charge of this country.
Good luck to all of us.
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fightback said:
Hi gurus,

I don't consider myself being a guru (such as Publicus, Suzy, and others) but I'll try to answer your questions to the best of my ability.
1.What is the difference between Nature of Suit 540 and 890?

540 is for Mandamus. Since the lawsuit I filed is a 1447(b) petition, it wouldn't fall under 540. Therefore, I checked 890 (other statutory, or alowed by statutes/codes, actions) on my Cover Sheet. If you have to file a WOM, then you would probably check 540, but confirm this with the court clerk first.

2.I registered on PACER. I can see my case is in the system now. How can you know you can get summon from the info PACER provided?

Have you ever prepared summons and give it to the court clerk?
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Cuties vs. USCIS's clerk second rond

Hello all,

Today I have an Infopass appointment at 7:30 AM. I want in and get to talk to the clerk at the window . First she refused to stamp my passport, so I asked for the supervisor. The suppervisor came and argured with the clerk saying that I'm right and tell her to stamp my passport. When the suppervisor left she said she will stamp my passport BUT I neede to provide her two photos otherwise she can't do the paper work. I said NO I'm far beyond then paper work now. She looked at me and asked what did I mean? I pull out the copy of the law suit. She jumped and disappear for minutes. the suppervisor came back apologized and stamped my passport. I came home.

~C
 
Congratulation

cuties said:
Hello all,

Today I have an Infopass appointment at 7:30 AM. I want in and get to talk to the clerk at the window . First she refused to stamp my passport, so I asked for the supervisor. The suppervisor came and argured with the clerk saying that I'm right and tell her to stamp my passport. When the suppervisor left she said she will stamp my passport BUT I neede to provide her two photos otherwise she can't do the paper work. I said NO I'm far beyond then paper work now. She looked at me and asked what did I mean? I pull out the copy of the law suit. She jumped and disappear for minutes. the suppervisor came back apologized and stamped my passport. I came home.

~C
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Congratulations Cuties ....
 
cuties said:
Hello all,

Today I have an Infopass appointment at 7:30 AM. I want in and get to talk to the clerk at the window . First she refused to stamp my passport, so I asked for the supervisor. The suppervisor came and argured with the clerk saying that I'm right and tell her to stamp my passport. When the suppervisor left she said she will stamp my passport BUT I neede to provide her two photos otherwise she can't do the paper work. I said NO I'm far beyond then paper work now. She looked at me and asked what did I mean? I pull out the copy of the law suit. She jumped and disappear for minutes. the suppervisor came back apologized and stamped my passport. I came home.

~C
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Congratulation :)
 
sfaizullah said:
In the mean time utilize this time by "bottom-up approach" writing to USCIS (starting by your interview officer, local DO director, Dr. E. Gonzalez, FBI (someone from Mr. Canon's team, Mr. Canon, Mr. Hooton, Mr. Mueller) and Mr. Chertoff & Mr. Alberto Gonzales. and while you are at it why not White House. Supplement this by going to your Congressman, senator and one or more InfoPass.


Keep all certified mail receipts and copy of InfoPass results.

All this is just in case you end up in front of a judge who may ask if you tried other avenues. This will show them that you did. And maybe one of these officers help (very unlikely but possible) and you will not need 1447(b) but if you do then you have something that you can tell the DA and if needed the judge.

Good Luck!

Best Regards
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Is it essential to include Social Security Number(SSN) in Name Check Fax to FBI? Won't the Name/DOB/A#/Address be sufficient to identify me in their records?
 
cuties said:
Hello all,

Today I have an Infopass appointment at 7:30 AM. I want in and get to talk to the clerk at the window . First she refused to stamp my passport, so I asked for the supervisor. The suppervisor came and argured with the clerk saying that I'm right and tell her to stamp my passport. When the suppervisor left she said she will stamp my passport BUT I neede to provide her two photos otherwise she can't do the paper work. I said NO I'm far beyond then paper work now. She looked at me and asked what did I mean? I pull out the copy of the law suit. She jumped and disappear for minutes. the suppervisor came back apologized and stamped my passport. I came home.

~C
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Congradulations! :D
 
khalafah2000 said:
Is it essential to include Social Security Number(SSN) in Name Check Fax to FBI? Won't the Name/DOB/A#/Address be sufficient to identify me in their records?
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SS# is optional. If you don't want to, don't include it.


Addendum: Like Boston Case said it in the next post, I've overlooked this: FBI doesn't accept fax requests anymore.
You have to mail your FOIPA request.
 
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FBI name check FIOPA

khalafah2000 said:
Is it essential to include Social Security Number(SSN) in Name Check Fax to FBI? Won't the Name/DOB/A#/Address be sufficient to identify me in their records?
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I don't think you can send fax tp FBI. They accept only regular mails.
Don't forget to include past addresses and employers, and place of birth. Also sign the application.
 
cuties said:
Hello all,

Today I have an Infopass appointment at 7:30 AM. I want in and get to talk to the clerk at the window . First she refused to stamp my passport, so I asked for the supervisor. The suppervisor came and argured with the clerk saying that I'm right and tell her to stamp my passport. When the suppervisor left she said she will stamp my passport BUT I neede to provide her two photos otherwise she can't do the paper work. I said NO I'm far beyond then paper work now. She looked at me and asked what did I mean? I pull out the copy of the law suit. She jumped and disappear for minutes. the suppervisor came back apologized and stamped my passport. I came home.

Way to go, Cuties! This is an example for us to never give up. We shouldn't just listen to them and do whatever they say. We need to understand and know exactly what the rules are and how we can use them to our advantage.
Good job, Cuties, and congratulations!
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buggin,
Thank you very much for your answers. You are one of the gurus. :)
I filed WOM, I found that code in my file from PACER and I did not fill out the cover sheet because the clerk said I do not need to.
I prepared the summons but the clerk told me I need wait for Jugde ruling. So I am still waiting. Hope I can get that soon.
 
In status inquiry at Oakland Sub-office

syt said:
Eastbayer,

Oakland sub-office for inquiring name check status? Do you mean the office where we were interviewd? How did you do? Go to the front desk and show them your GC and then they will let us know the current status of our N-400 naturalization application? Could you please let me know more about this. Thansk a lot.

syt
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Yes! You can go anytime. Bring your ID (driver's license etc.) for the security guard downstairs, and your GC for USCIS. They will search their system for you, without any appointment. If still pending, they will tell you to come again 6 weeks later. But my experience was, nothing was changed even after six months :mad: . So file your lawsuit asap.
 
I deleted the " case will revert..." part

qim said:
You are welcome.

By the way, when I was in same situation and proposed my own text of Stipulation to Dismiss, I also included this "...case will revert... " piece, not just " ...to grant approval... " piece (about which I told you earlier).

However, UA Atty. office didn't like the "revert" piece because, as they explained to me, this was already effectively included by using wording "without prejudice" (which is correct).

After some thinking I decided to agree with final version that did not have the "revert" piece but did have "grant approval" piece.
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I agree the "dismissal without prejudice" should offer enough protection. I faxed my version to the DA's office this morning, with the change "...to grant approval..." only. Just called them. Was told it should be OK but they have to get approval from USCIS before they send me a new version :rolleyes: . I guess it will take a few more days. I was debating over the weekend whether I should waste a few more days negotiating. Their propsal sounded pretty good, but I do not have enough confidence in CIS. I want them to finish it within 30 days, not merely working on it during this time period.

How long did it take you to get it around?
 
Bravo, cuties!


Congrats! Really happy for you.

Unfortunately, we often find it is the people at the other side of the counter who DO NOT know what they are doing!
 
Eastbayer said:
I agree the "dismissal without prejudice" should offer enough protection. I faxed my version to the DA's office this morning, with the change "...to grant approval..." only. Just called them. Was told it should be OK but they have to get approval from USCIS before they send me a new version :rolleyes: . I guess it will take a few more days. I was debating over the weekend whether I should waste a few more days negotiating. Their propsal sounded pretty good, but I do not have enough confidence in CIS. I want them to finish it within 30 days, not merely working on it during this time period.

How long did it take you to get it around?
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Very little - I think even less than a day. And I was never told about "... to get approval from USCIS before they send me a new version... ". However I cannot say for sure that they didn't seek that approval.
 
Thanks!

qim said:
Very little - I think even less than a day. And I was never told about "... to get approval from USCIS before they send me a new version... ". However I cannot say for sure that they didn't seek that approval.
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qim,

Thanks for your quick answer. Wish the USCIS staff were like you! Any plan to apply for an easy and high-pay job in USCIS? It would be a great news for those struggling here!

Have a great day!
 
cuties said:
Hello all,

Today I have an Infopass appointment at 7:30 AM. I want in and get to talk to the clerk at the window . First she refused to stamp my passport, so I asked for the supervisor. The suppervisor came and argured with the clerk saying that I'm right and tell her to stamp my passport. When the suppervisor left she said she will stamp my passport BUT I neede to provide her two photos otherwise she can't do the paper work. I said NO I'm far beyond then paper work now. She looked at me and asked what did I mean? I pull out the copy of the law suit. She jumped and disappear for minutes. the suppervisor came back apologized and stamped my passport. I came home.

~C
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Way to GO!!! Congratulations!

Best Regards
 
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