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

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 did include it but name/address/dob/A# will be fine.

Best Regards
 
Thanks for your quick reply. I do remember you missed the summon when you first mailed to defendants. It's good that you got your summon now. I made a mistake too so that I am still waiting for Judge's order. Best wishes for you and all of us!
 
fightback said:
buggin,
Thank you very much for your answers. You are one of the gurus. :)

Thank you, Fightback. It is very kind of you. I am always glad to help. :D

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.

It is always advisable to listen to the clerk. They've been there for a while and they know the process of their particular court.

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.

I am not sure why you need to wait for judge's ruling. Do you know what this ruling is about?
When I filed my petition, I gave the summons (filled out by me) to the court clerk. She stamped it, put the case #, and gave it back to me.
Every court is a little different though in terms of little details and processes.
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greencard12 said:
When I called the DA about three weeks ago, he said he would file the motion to dismiss the case for lack of subject matter jurisdiction. So far I have not received his answer yet. Since I filed WOM for my I485, I guess his argument would be similar to this one. Basically, the DA argued that

(1) "Plaintiffs have an alternative avenue of relief available: Wait in the line with the other individuals awaiting visa petitions ..."

(2) "Plaintiffs cannot establish that they have a clear right to the relief they seek of lawful permanent resident ... while the background checks remain pending. "

(3) "Jurisdiction does not lie under the Administrative Procecure Act because there is no final agency decision, And the Delay in Adjuducating the application is NOT unresonable."

Guys, do you have any idea how to fight these arguments?
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this us attornewy cherry picked only what he want , and conveinetly forgot or ignored everything else.
regarding the 130 , ues , only the petitioner can ask for decisoon about that, but the petitioner( the wife) is actually a part of the law suit, so, that argument is killed.
she claimed that when the uscis work on the case that are filing a suit , that would be preferential treatment, and will slow the other cases, she forgot that the case subject of the suit is already delayed, and have been slowed more than the processing time, so what the suit was asking for in a not a prefferential treatment, is rather a correction to the lengthy delaye, according to their own processing time.
she claimed that you cant sue about the case, because no decision have been made about it, well, that all the WOM is about, is making a decision , about a case that is years behind the processing time.
so basically it was just a bunche of B.S.
 
goldspot7 said:
I got this from PACER. The district attorney is refusing to budge to this Writ of Mandamus. Read his argument. What happens next. Looks like they can cant really answer the same to the naturalization application unless they change the rule of "120" days. Did anyone else come across such replies in similar cases. The USCIS is finally fighting back as they dont have any other option I guess!!!!?????????????/// But what happens now!!!???
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sorry guys , the previous post was actually for this dismissal memo,
this us attornewy cherry picked only what he want , and conveinetly forgot or ignored everything else.
regarding the 130 , ues , only the petitioner can ask for decisoon about that, but the petitioner( the wife) is actually a part of the law suit, so, that argument is killed.
she claimed that when the uscis work on the case that are filing a suit , that would be preferential treatment, and will slow the other cases, she forgot that the case subject of the suit is already delayed, and have been slowed more than the processing time, so what the suit was asking for in a not a prefferential treatment, is rather a correction to the lengthy delaye, according to their own processing time.
she claimed that you cant sue about the case, because no decision have been made about it, well, that all the WOM is about, is making a decision , about a case that is years behind the processing time.
so basically it was just a bunche of B.S.
 
sorry, i dont know if it me loosing my mind , or the samethign was posted twice by to two different users, goldspot7, and greencard12
in any case what was trying to clarify in the memo to dismiss the case in easrtern district of Missouri # 543 RWS
 
questions about serving address

First of all, thank you, mohamedmohamed, for your encouraging comments. I was kind of panic when I read the goldspot7's post last night. Anyhow, I convinced myself to file my WOM this morning. Now I feel much better after your comments.

I am a little confused while serving the defendants and US attorney. I found addresses from this thread, but clearly it contains some typo mistakes. I have sent out three letters with the following addresses.

Robert S. Mueller III,
Director, Federal Bureau of Investigation
Office of the General Counsel
Room 7427
935 Pennsylvania Avenue, N.W.
Washington, DC 20535

Alberto R. Gonzales, United States Attorney General
US Department of Justice
950 Pensylvania Ave., NW
Washington, DC 20530-0001

US Attorney' office
South District of California,
Civil Division
101 W. Broadway, 15th Floor
San Diego, CA 92101
(Note: I got this address by calling US Attorney's office and it is not on their website. During the call I was confused by the term "US attorney" or "District Attorney". Finally I go with US attorney for South District of California. Can anybody confirm I did it right? Thanks)

I hold the summons to the following two parties, because I am not sure about the address.

Michael Chertoff, Secretary of the Department of Homeland Security
Office of the General Counsel
US Department of Homeland Security
Washington, D.C. 20528

Emilio T. Gonzalez, Director of USCIS
Office of the General Counsel
U.S. Department of Homeland Security
20 Massachusetts Ave, NW, Suite 4025, 4th Floor
Washington, DC 20528

At the post office, I thought I missed street address for Mr. Chertoff. For Mr. Emilio T. Gonzalez, there is a typo and the zipcode was mistakenly written as 20259 (an invalid one and could not be mailed out).

Now I know, after browsing DHS website, that DHS don't use a street name in its mailing address. But the question is: why does Mr. ET Gonzalez has a street address? Can anybody confirm this is a valid one?

Thanks a lot.
 
xu111 said:
First of all, thank you, mohamedmohamed, for your encouraging comments. I was kind of panic when I read the goldspot7's post last night. Anyhow, I convinced myself to file my WOM this morning. Now I feel much better after your comments.

I am a little confused while serving the defendants and US attorney. I found addresses from this thread, but clearly it contains some typo mistakes. I have sent out three letters with the following addresses.

Robert S. Mueller III,
Director, Federal Bureau of Investigation
Office of the General Counsel
Room 7427
935 Pennsylvania Avenue, N.W.
Washington, DC 20535

Alberto R. Gonzales, United States Attorney General
US Department of Justice
950 Pensylvania Ave., NW
Washington, DC 20530-0001

US Attorney' office
South District of California,
Civil Division
101 W. Broadway, 15th Floor
San Diego, CA 92101
(Note: I got this address by calling US Attorney's office and it is not on their website. During the call I was confused by the term "US attorney" or "District Attorney". Finally I go with US attorney for South District of California. Can anybody confirm I did it right? Thanks)

I hold the summons to the following two parties, because I am not sure about the address.

Michael Chertoff, Secretary of the Department of Homeland Security
Office of the General Counsel
US Department of Homeland Security
Washington, D.C. 20528

Emilio T. Gonzalez, Director of USCIS
Office of the General Counsel
U.S. Department of Homeland Security
20 Massachusetts Ave, NW, Suite 4025, 4th Floor
Washington, DC 20528

At the post office, I thought I missed street address for Mr. Chertoff. For Mr. Emilio T. Gonzalez, there is a typo and the zipcode was mistakenly written as 20259 (an invalid one and could not be mailed out).

Now I know, after browsing DHS website, that DHS don't use a street name in its mailing address. But the question is: why does Mr. ET Gonzalez has a street address? Can anybody confirm this is a valid one?

Thanks a lot.
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Hi XU111,

I noticed that your I-485 case RD is May 2005. Are you Eb-2??.WHich country are you from??.My 485 RD is april 2005 , Eb2, India and my namecheck is pending too. I am not able to make up my mind to go with the WOM as I feel that a wait of 14 months is not too long. Which ditrict are you filing your case at??
 
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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Congrats! Another winner! :D

K
 
mohamedmohamed said:
this us attornewy cherry picked only what he want , and conveinetly forgot or ignored everything else.
regarding the 130 , ues , only the petitioner can ask for decisoon about that, but the petitioner( the wife) is actually a part of the law suit, so, that argument is killed.
she claimed that when the uscis work on the case that are filing a suit , that would be preferential treatment, and will slow the other cases, she forgot that the case subject of the suit is already delayed, and have been slowed more than the processing time, so what the suit was asking for in a not a prefferential treatment, is rather a correction to the lengthy delaye, according to their own processing time.
she claimed that you cant sue about the case, because no decision have been made about it, well, that all the WOM is about, is making a decision , about a case that is years behind the processing time.
so basically it was just a bunche of B.S.
Click to expand...

That memo was written by the same AUSA who handled my case... As you can remember, she filed a BS filled response in my case too. I guess this case was one of the 12 cases that was on her desk at the time we spoke.

K
 
Thank you for the nice worlds.

WaitingInDallas said:
Congradulations! :D
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Suzy977 said:
Congratulation :)
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sfaizullah said:
Way to GO!!! Congratulations!

Best Regards
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Eastbayer said:
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!
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RealSuperK said:
Congrats! Another winner! :D

K
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Congretulation to you too. I know I'm late :)
~C
 
Hi, hadenuf,

I am EB2-NIW and I am from China. I am at South District of California. Yes, I agree with you that most people filing complaints have been stuckin name check for two years or longer. However, there is no clear standard how long is too long. Is there a big difference that you have been waiting for one year, two year, or four years? I want to find out how that makes a difference.

Maybe I am a little too bold, but I think if you are stuck in NC for more than 120 days, it just means that it might take one year, two years or 4 years. There is just no clue to predict when is your lucky day. That is why I decide to file the lawsuite right now, immediately after my PD is current. I didn't see any point to wait another year and another year. I am not begging for their sympathy, I am just, as suggested by the gurus in this thread, fighting for my rights. Let me put it this way. I just want an answer right away, no matter what kind answer I will get. I don't want to wait another 2 or 3 years. If I get denied now, it is better than to be denied after 2 or 3 years. Knowing the answer now will help me plan my career in advance.

What is more, my case can provide important information to all the people following this thread. What will US attorney do with cases like mine, only being waiting one year for name check? Will they say, "this guy only filed his 485 one year ago and he didn't suffer enough, therefore we hope the court could rule that he should shut up for at least another year?"


hadenuf said:
Hi XU111,

I noticed that your I-485 case RD is May 2005. Are you Eb-2??.WHich country are you from??.My 485 RD is april 2005 , Eb2, India and my namecheck is pending too. I am not able to make up my mind to go with the WOM as I feel that a wait of 14 months is not too long. Which ditrict are you filing your case at??
Click to expand...
 
RealSuperK said:
That memo was written by the same AUSA who handled my case... As you can remember, she filed a BS filled response in my case too. I guess this case was one of the 12 cases that was on her desk at the time we spoke.

K
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just want to tell who filed that case, the us attorney response ws nothing but bull, really, and they can very easily trsh what she wrote, in time she will realize that this stuff wont fly on anyone, and may she will start getting on the uscis to finish this cases onstead of waisting writing some crap.
 
May be useful for those who filed in SF, CA

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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This is the final version I got fom the DA's office:

.......in light of the fact that the United States Citizenship and Immigration Services is now prepared to grant approval of plaintiff's application for naturalization and agree to adjudicate such application within 30 days of the dismissal of this action.

Sounds better now, and I signed it.

Good luck to everybody!
 
xu111 said:
Hi, hadenuf,

I am EB2-NIW and I am from China. I am at South District of California. Yes, I agree with you that most people filing complaints have been stuckin name check for two years or longer. However, there is no clear standard how long is too long. Is there a big difference that you have been waiting for one year, two year, or four years? I want to find out how that makes a difference.

Maybe I am a little too bold, but I think if you are stuck in NC for more than 120 days, it just means that it might take one year, two years or 4 years. There is just no clue to predict when is your lucky day. That is why I decide to file the lawsuite right now, immediately after my PD is current. I didn't see any point to wait another year and another year. I am not begging for their sympathy, I am just, as suggested by the gurus in this thread, fighting for my rights. Let me put it this way. I just want an answer right away, no matter what kind answer I will get. I don't want to wait another 2 or 3 years. If I get denied now, it is better than to be denied after 2 or 3 years. Knowing the answer now will help me plan my career in advance.

What is more, my case can provide important information to all the people following this thread. What will US attorney do with cases like mine, only being waiting one year for name check? Will they say, "this guy only filed his 485 one year ago and he didn't suffer enough, therefore we hope the court could rule that he should shut up for at least another year?"
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You are right. I wish you all the best and good luck on your case.Please post updates on your case.
 
1447 Vs. Wom

I am sorry if this question sounds too stupid, or too basic.. the last thing I know about is legal terms..

What is the difference between 1447(b) and a WOM? Is it the same?

Thanks..
 
How to file additional exhibit?

Hello all,

I just filed my lawsuit under 1447b 10 days ago. Today I received my FOIPA result from FBI with no hit. Should I include this information as additional exhibit or save it until the hearing? Does anyone know how to file additional exhibit? After I file it in the court, do I need to send copies of this to all defendants? Does the 60-day count needs to be reset once I file the new information?

Many thanks!
 
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