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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Thanks you for your response. Were you with the employer for 5 years AFTER getting GC? Trying to get a sense of response to a very common question that comes up in the forums quite often " how long to stick with the GC sponsor employer after GC so as to not create any issues fraud at the time of natz.?
jefkorn - yes the GC was employment based and yes I was with my GC sponsor employer for 5 years...and no this subject was not brought up by the officer...
raju_vijay
Registered Users (C)
Try
Daniel Eric Marcus
Globman & Marcus, P.C.
44 Capitol Ave, Suite 101
Hartford, CT 06106-1764
(860) 525-5500
(860) 547-0403 (fax)
You can also use AILA search
http://www.ailalawyer.com/
Thanks. One of my friend also suggested contacting ACLU. Seems interesting.
www.aclu.org
Advice Needed!
I received the answer from AUSA today and need some advice on the affirmative and other defenses by AUSA.
The answer end with saying to dismissed the case and grant them cost etc.
My question is do I need to respond to the answer? If yes, is there any template that I can use? Also, should I file MSJ or wait after interview and see what happen? Any help with this ASAP will be greatly appreciated.
FYI, I use the sample provided in Wiki for my complaint.
Thanks!
I received the answer from AUSA today and need some advice on the affirmative and other defenses by AUSA.
1. The Court lacks jurisdiction over the subject matter of the complaint.
2. The complaint fails to state a claim upon which relief can be granted.
3. The court lacks jurisdiction over the defendants.
4. Defendants do not owe a clear duty to plaintiff, and plaintiff's has no clear right to the relief sought.
5. Defendants' action with respect to the processing of plaintiff's naturalization application are discretionary, and the court therefore lacks jurisdiction over plaintiff's claims pursuant to the APA and the INA.
6. The FBI has already completed plaintiff's name check and all claims against the FBI are therefore moot. In addition, USCIS has already scheduled plaintiff for an interview so any additional claims plaintiff has against USCIS should moot in the near future.
The answer end with saying to dismissed the case and grant them cost etc.
My question is do I need to respond to the answer? If yes, is there any template that I can use? Also, should I file MSJ or wait after interview and see what happen? Any help with this ASAP will be greatly appreciated.
FYI, I use the sample provided in Wiki for my complaint.
Thanks!
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Thanks for the reply lazycis. I will get the going soon. Also, I am going to file Motion to Seal document due to the Admin. record have sensitive information. Can anyone give me a sample or point me to the right direction for this? I would like to get it out ASAP.
Thanks!
Thanks!
I am planing to sue USCIS
I was afriad of this day, but oh well, here I am.
My N-400 application is pending because of "Name Check" since Jan 2008. My finger prints were done in Feb, 08.
So now, I am planning to sue USCIS, and I am wondering about the following:
1. Given that Texas is a conservative state, what are my chances to win the case in court.
2. How long should I wait before filing the lawsuit? Is one year the magic number I should wait for?
My local office is currently processing cases filed in July 2008. What can I do in the mean time? I have been to two info passes. And letters from congressman saying waiting on "Name Check". I have also have filed a complaint with USCIS Ombudsman, but have not received any acknowledgment from them. So I have no proof. Is there some thing else I can do to make more paper trail for court?
3. If I hire a Lawyer, what is the typical cost for this kind of lawsuit (WOM, 1447B)? What will be the cost if I do not?
Regards
I was afriad of this day, but oh well, here I am.
My N-400 application is pending because of "Name Check" since Jan 2008. My finger prints were done in Feb, 08.
So now, I am planning to sue USCIS, and I am wondering about the following:
1. Given that Texas is a conservative state, what are my chances to win the case in court.
2. How long should I wait before filing the lawsuit? Is one year the magic number I should wait for?
My local office is currently processing cases filed in July 2008. What can I do in the mean time? I have been to two info passes. And letters from congressman saying waiting on "Name Check". I have also have filed a complaint with USCIS Ombudsman, but have not received any acknowledgment from them. So I have no proof. Is there some thing else I can do to make more paper trail for court?
3. If I hire a Lawyer, what is the typical cost for this kind of lawsuit (WOM, 1447B)? What will be the cost if I do not?
Regards
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Aazz
1. Not much, but the main purpose of the suit to make USCIS work on your case. Not a lot of cases result in a favorable opinion simply because the government adjudicates application before court can rule.
2. The delay has to be unreasonable. If it's significantly behind the average processing time, you have waited enough. Collect as much evidence as you can. Open SR with the USCIS.
3. Lawyer+court fees will be $3,000-$4,500. You can do it yourself for $350+mailing/copying expenses. More likely you won't be able to recover lawyer's fees.
1. Not much, but the main purpose of the suit to make USCIS work on your case. Not a lot of cases result in a favorable opinion simply because the government adjudicates application before court can rule.
2. The delay has to be unreasonable. If it's significantly behind the average processing time, you have waited enough. Collect as much evidence as you can. Open SR with the USCIS.
3. Lawyer+court fees will be $3,000-$4,500. You can do it yourself for $350+mailing/copying expenses. More likely you won't be able to recover lawyer's fees.
eg0788,
You may want to check you district court's web site for sample forms or even call Pro Se clerk. If it's convenient to go to court, you may be able to search various dockets and make copies of the a sample Motion to Seal when you find one.
See if the following links help, I found them using Google.
http://tech.mit.edu/V128/N30/subway/36-courtredactionpolicy.pdf
http://supreme.state.az.us/Rule123/082608/SensitiveData.pdf
http://www.mow.uscourts.gov/Anncmts/privacy.pdf
You may want to check you district court's web site for sample forms or even call Pro Se clerk. If it's convenient to go to court, you may be able to search various dockets and make copies of the a sample Motion to Seal when you find one.
See if the following links help, I found them using Google.
http://tech.mit.edu/V128/N30/subway/36-courtredactionpolicy.pdf
http://supreme.state.az.us/Rule123/082608/SensitiveData.pdf
http://www.mow.uscourts.gov/Anncmts/privacy.pdf
Thanks for the reply lazycis. I will get the going soon. Also, I am going to file Motion to Seal document due to the Admin. record have sensitive information. Can anyone give me a sample or point me to the right direction for this? I would like to get it out ASAP.
Thanks!
eg0788,
You may want to check you district court's web site for sample forms or even call Pro Se clerk. If it's convenient to go to court, you may be able to search various dockets and make copies of the a sample Motion to Seal when you find one.
See if the following links help, I found them using Google.
http://tech.mit.edu/V128/N30/subway/36-courtredactionpolicy.pdf
http://supreme.state.az.us/Rule123/082608/SensitiveData.pdf
http://www.mow.uscourts.gov/Anncmts/privacy.pdf
Thanks for the reply jefkorn, I have already work with the AUSA to file joint motion to seal. I don't mind to post a sample here if anyone else need it.
eg0788, Glad to know that you got it squared away. Please post a sample. Thanks.
Thanks for the reply jefkorn, I have already work with the AUSA to file joint motion to seal. I don't mind to post a sample here if anyone else need it.
Last edited by a moderator:
Thank you lazycis
Thank you lazycis..
"Open SR with the USCIS."
What is SR?
Thank you lazycis..
"Open SR with the USCIS."
What is SR?
1. Not much, but the main purpose of the suit to make USCIS work on your case. Not a lot of cases result in a favorable opinion simply because the government adjudicates application before court can rule.
2. The delay has to be unreasonable. If it's significantly behind the average processing time, you have waited enough. Collect as much evidence as you can. Open SR with the USCIS.
3. Lawyer+court fees will be $3,000-$4,500. You can do it yourself for $350+mailing/copying expenses. More likely you won't be able to recover lawyer's fees.
AAZZ,
SR is service request that you open by calling the USCIS customer service number (1-800-375-5283) , tell them that you case is outside processing times. They will send you a written response within I think a month. Remember to take down the name of the person you talk to, time and request #.
1. If the AUSA is cooperative or wants to get the case off his/her list instead of fighting it, he/she may work with CIS to get your N-400 adjudicated before it gets to the point where judge will have to rule on the case.
2. If you had the interview, then only wait for 120 days and file 1447(b). If no interview, you will be filing WOM. Anywhere from six months to 2 years is good enough. Again depends on the circumstances os each individual case. It's ironic but longer the wait, chances of success should increase. For WOM, you need to document your efforts very well. Few things you could do in the mean time: Contacting senator, writing letter to local director of USCIS office, writing letter or send email to FBI to check the status of name check, request FOIPA on you to check if there's a record with FBI on you, of course few phone calls to USCIS wouldn't hurt. Your case is already behind by 6 months from local office's processing time, I think it's enough wait.
SR is service request that you open by calling the USCIS customer service number (1-800-375-5283) , tell them that you case is outside processing times. They will send you a written response within I think a month. Remember to take down the name of the person you talk to, time and request #.
1. If the AUSA is cooperative or wants to get the case off his/her list instead of fighting it, he/she may work with CIS to get your N-400 adjudicated before it gets to the point where judge will have to rule on the case.
2. If you had the interview, then only wait for 120 days and file 1447(b). If no interview, you will be filing WOM. Anywhere from six months to 2 years is good enough. Again depends on the circumstances os each individual case. It's ironic but longer the wait, chances of success should increase. For WOM, you need to document your efforts very well. Few things you could do in the mean time: Contacting senator, writing letter to local director of USCIS office, writing letter or send email to FBI to check the status of name check, request FOIPA on you to check if there's a record with FBI on you, of course few phone calls to USCIS wouldn't hurt. Your case is already behind by 6 months from local office's processing time, I think it's enough wait.
Thank you lazycis..
"Open SR with the USCIS."
What is SR?
Last edited by a moderator:
http://en.wikibooks.org/wiki/FBI_name_check
Of course, ask questions here if you don't understand something or need clarification.
Of course, ask questions here if you don't understand something or need clarification.
Is there one central page where I can find ALL the steps I need to take to file the Law suit (WOM)?
Please post the link.
Thanx Jefkorn,
Oh, I did not know the name for it (SR), but I think I have already done it. I called them up (did not note down the name though), and she stated the service request.
I just received a letter from my local office saying that my case is under additional review???? I take it that its a code name for name check not clear yet?
Oh, I did not know the name for it (SR), but I think I have already done it. I called them up (did not note down the name though), and she stated the service request.
I just received a letter from my local office saying that my case is under additional review???? I take it that its a code name for name check not clear yet?
AAZZ,
SR is service request that you open by calling the USCIS customer service(?) number, tell them that you case is outside processing times. They will send you a written response within I think a month. Remember to take down the name of the person you talk to, time and request #.
1. If the AUSA is cooperative or wants to get the case off his/her list instead of fighting it, he/she may work with CIS to get your N-400 adjudicated before it gets to the point where judge will have to rule on the case.
2. If you had the interview, then only wait for 120 days and file 1447(b). If no interview, you will be filing WOM. Anywhere from six months to 2 years is good enough. Again depends on the circumstances os each individual case. It's ironic but longer the wait, chances of success should increase. For WOM, you need to document your efforts very well. Few things you could do in the mean time: Contacting senator, writing letter to local director of USCIS office, writing letter or send email to FBI to check the status of name check, request FOIPA on you to check if there's a record with FBI on you, of course few phone calls to USCIS wouldn't hurt. Your case is already behind by 6 months from local office's processing time, I think it's enough wait.
What Additional Review means is anybody's guess. But it certainly means that you are not getting a straight answer from CIS. It's not unusual at all to receive Additional Review status and you are certainly not alone to receive that.
Thanx Jefkorn,
Oh, I did not know the name for it (SR), but I think I have already done it. I called them up (did not note down the name though), and she stated the service request.
I just received a letter from my local office saying that my case is under additional review???? I take it that its a code name for name check not clear yet?
MA, N-400, post interview, 1447(b) no remand to CIS
Taalebinezhaad v. Chertoff et al
MA: Civil Action No. 08-10990-RBC
JUSTIA link
CIS denied plaintiff's N-400 on lack of good moral character after he filed 1447(b) but court declared that CIS denial was null and void because after filing 1447(b) CIS lost its jurisdiction over the N-400. MA court denied Defendants' motion to remand the N-400 to CIS.
"The Court remained unconvinced after oral argument that Taalebinezhaad's application would necessarily be handled with alacrity if it were to remand the case to USCIS."
"A conference will be noticed to set a schedule leading to a hearing on the merits of Taalebinezhaad’s application for naturalization."
Was it CIS retaliation?
Also available at bibdaily.com : District court proceeds to merits on natz, rejects remand request
Taalebinezhaad v. Chertoff et al
MA: Civil Action No. 08-10990-RBC
JUSTIA link
CIS denied plaintiff's N-400 on lack of good moral character after he filed 1447(b) but court declared that CIS denial was null and void because after filing 1447(b) CIS lost its jurisdiction over the N-400. MA court denied Defendants' motion to remand the N-400 to CIS.
"The Court remained unconvinced after oral argument that Taalebinezhaad's application would necessarily be handled with alacrity if it were to remand the case to USCIS."
"A conference will be noticed to set a schedule leading to a hearing on the merits of Taalebinezhaad’s application for naturalization."
Was it CIS retaliation?
Also available at bibdaily.com : District court proceeds to merits on natz, rejects remand request
Last edited by a moderator:
waitwait96
Registered Users (C)
Hi guys ,
I been in silent mood for about 2 months now , but here is an update about my case :
after my IV on 08/12/08 and i after i passed the test , i was told by the interview officer that my N-400 is recomended for approval and i need to talk to AUSA to see how can i dissmiss the case so CIS can give me the Oath and then he said it just matter of time, however for some reason i didn't feel good about what he said and i decied to hire a lawyer to deal with the last step because i had a feeling they are playing me .
Long story short i hired a lawyer who had represnt me before with CIS during GC process and he knows every thing about my case , he talked to AUSA and said let's dissmiss the case and we can bring it back after 120 days , and let see what they are going to do .
2 months pass by and yesterday i got letter from CIS deniad my N-400 because they said i did not disclose a speeding ticket they i got in early 2005 and HOV ticket in late 2005 even i paid the fine on time and it was no arrest or any thing just a normal traffic stop .
I completly forgot about those 2 tickets and i didn't even remember it until CIS said it in the letter , and they elso said i cann't apply until 5 yeas from now .
I am so frustrated over CIS BULL SHIT , and i can not see any thing else but retaliation because of the law suit that i filed and they try to find any thing to denay my N-400 .
I don't know what to do with them any more , if they would put their asss to work and did their jobs in the first place , we won't be in this mess in the first place . I am waiting for my lawyer to call me back on Tuesday since it's a long weekend holiday , but my question to all of you : can they deny my N-400 because of 2 traffic ticket , have anyone heard of that before ???
thank you for your help in advance
I been in silent mood for about 2 months now , but here is an update about my case :
after my IV on 08/12/08 and i after i passed the test , i was told by the interview officer that my N-400 is recomended for approval and i need to talk to AUSA to see how can i dissmiss the case so CIS can give me the Oath and then he said it just matter of time, however for some reason i didn't feel good about what he said and i decied to hire a lawyer to deal with the last step because i had a feeling they are playing me .
Long story short i hired a lawyer who had represnt me before with CIS during GC process and he knows every thing about my case , he talked to AUSA and said let's dissmiss the case and we can bring it back after 120 days , and let see what they are going to do .
2 months pass by and yesterday i got letter from CIS deniad my N-400 because they said i did not disclose a speeding ticket they i got in early 2005 and HOV ticket in late 2005 even i paid the fine on time and it was no arrest or any thing just a normal traffic stop .
I completly forgot about those 2 tickets and i didn't even remember it until CIS said it in the letter , and they elso said i cann't apply until 5 yeas from now .
I am so frustrated over CIS BULL SHIT , and i can not see any thing else but retaliation because of the law suit that i filed and they try to find any thing to denay my N-400 .
I don't know what to do with them any more , if they would put their asss to work and did their jobs in the first place , we won't be in this mess in the first place . I am waiting for my lawyer to call me back on Tuesday since it's a long weekend holiday , but my question to all of you : can they deny my N-400 because of 2 traffic ticket , have anyone heard of that before ???
thank you for your help in advance