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

waitwait96 said:
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
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I am not sure why you hired an attorney at last moment instead of talking directly to AUSA and tell them that you are relectent to dismiss the case untill application is adjudicated and oath is done. In your case application was not even adjudicated because you did not get approval letter so why did your attorney agreed to dismiss the case? You should have come back to this board earlier for advice.
In my case after my interview and receiving oath letter, AUSA sent me an email asking to dismiss the case. I said i don't want to dismiss it until oath is done. She was fine with it.

Anyway, do you have copy of the stipulation of previous case? Can you share it with the board? Can old case be reopened? In previous case, what relief(s) did you ask for?
 
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Hello,

I contacted an attorney for filing WOM in support of my long pending I485 application. He is advising me to wait until my PD (OCT 2001) becomes available. Current PD is JULY 2001. I thought of filing WOM now and clear the back ground check related issues and keep the case ready for approval as soon the PD becomes available.

In 2006, 2007 and 2008, my PD was available for very short time (less than 60 days). So, in case my PD becomes current in the near future, i worry it be available until WOM filing date + 60 days waiting period?

pundits in this forum, any suggestion here?

Also, any body has experience with attorney "Vard Johnson" in Boston?

Thanks
 
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mka said:
I am not sure why you hired an attorney at last moment instead of talking directly to AUSA and tell them that you are relectent to dismiss the case untill application is adjudicated and oath is done. In your case application was not even adjudicated because you did not get approval letter so why did your attorney agreed to dismiss the case? You should have come back to this board earlier for advice.
In my case after my interview and receiving oath letter, AUSA sent me an email asking to dismiss the case. I said i don't want to dismiss it until oath is done. She was fine with it.

Anyway, do you have copy of the stipulation of previous case? Can you share it with the board? Can old case be reopened? In previous case, what relief(s) did you ask for?
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mka,
The reason i hired this attorney when i had my interview the interview officer said " you passed the exam but you have to dissmiss the case in order for us to give you the Oath letter" and when he was going through my file infront of him he said we still have some more things to look at it and when i asked what was those things he didn't want tell me any thing , that's when i felt some thing wrong is going on , and he was like you will have to talk to AUSA and she will be talking to CIS attorney , to be honest i felt he is playing me , and this is when i decied to hire an attorney that who is familire with my case , however we had a week left to respond to the MTD that was filed by AUSA , and after a few emails between my lawyer and AUSA , he called me and said let's dissmiss the case and give them 120 days max to give you the Oath and if they didn't we can bring it up again and AUSA agreed to that .
I asked for " Enter an order requiring CIS to adjudicate my N-400 " .so basied on what my attoreny told me we can bring the case again , but my question is have anyone heard of deny N-400 because of normal speeding tickect before ??
 
waitwait96 said:
mka,
The reason i hired this attorney when i had my interview the interview officer said " you passed the exam but you have to dissmiss the case in order for us to give you the Oath letter" and when he was going through my file infront of him he said we still have some more things to look at it and when i asked what was those things he didn't want tell me any thing , that's when i felt some thing wrong is going on , and he was like you will have to talk to AUSA and she will be talking to CIS attorney , to be honest i felt he is playing me , and this is when i decied to hire an attorney that who is familire with my case , however we had a week left to respond to the MTD that was filed by AUSA , and after a few emails between my lawyer and AUSA , he called me and said let's dissmiss the case and give them 120 days max to give you the Oath and if they didn't we can bring it up again and AUSA agreed to that .
I asked for " Enter an order requiring CIS to adjudicate my N-400 " .so basied on what my attoreny told me we can bring the case again , but my question is have anyone heard of deny N-400 because of normal speeding tickect before ??
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I doubt you can reopen your court case as your application was adjudicated. Appeal the denial (N-336) and then go to court if appeal is rejected. The USCIS can deny N-400 based on lack of good moral character and because there is no strict definition of that, failure to disclose a speeding ticket may be used against you. I do think you have a good chance to prevail on appeal/1421(c) case.
 
lazycis said:
I doubt you can reopen your court case as your application was adjudicated. Appeal the denial (N-336) and then go to court if appeal is rejected. The USCIS can deny N-400 based on lack of good moral character and because there is no strict definition of that, failure to disclose a speeding ticket may be used against you. I do think you have a good chance to prevail on appeal/1421(c) case.
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Lazycis,
thanks for your responsed , do you know of a case that i could use as a sample when i file my appeal ? thanks
 
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Why do you say EDVA is a tough district for AOS WOM? The judges are not familiar with the working of the laziest office(Arlington office) in the country.
Do you know which kind(district judge, senior district judge or magistrate judge) of judges get these cases??
Aslam V Mukasey link is not working.

Does district office really go to court on these case because I have heard from friends in other states that they process your case quickly after you file WOM.

lazycis said:
EDVA is a tough district for AOS WOM. There is a famous victorious case, though, Aslam v. Mukasey
http://www.bibdaily.com/pdfs/Aslam 1-25-08a.pdf
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Hi folks,
After I bacame a U.S. citizen in December 2007 after filing pro se lawsuit for my N-400, my wife filed for AOS in Dec07. Her file seems to be stuck in background check. In response to USCIS status check service request, they advised wait for another 6 months and check back. I asked my congressman's office to check on the status and I got the following:
I spoke with FBI, they are no longer able to give us any information regarding pending name checks. I called the USCIS Headquarters in DC…my Congressional Liaison informed me that all I-485 petitions pending over 180 days are being pulled chronologically and being adjudicated while the name checks are pending. The problem it seems is they have no system in place to effectively give us current information on individual applications due to the high demand for backlogged petitions. I will continue to do 30 day status checks with USCIS at the National Benefits Center. I hope this information is helpful, I was hoping to find out when exactly your name check was submitted. Unfortunately no one in USCIS or FBI was able (or willing) to look into that for me.

I have been getting similar responses for the I-130 petition that I filed for my wife in 2005. As you can imagine, I am, sick and tired of this stuff. I can probably file a mandamus action for the I-130 pending since 34 months, and I-485 pending since 10 months. Or would you folks suggest maybe I should wait for another 6-8 months, as I have heard, USCIS is really adjudicating N-400s and I-485s withing 1-1.5 years!!! I know at least two of my friends who were stuck in name checks for 3+ years, and their N-400s were granted in the last few months without filing a lawsuit.

Lazycis, good to see that you are still around. Any suggestions on what course of action we should be taking? file lawsuit, or wait for a few more months?
 
Hey mt100,

You can definitely file a lawsuit for I-130, but will approved I-130 benefit your wife without I-485? Probably not. If you wife was outside of US, it would be a different story. Processing times for I-485 are stuck for over a year, I believe, so your wife's I-485 is probably not outside of processing time. It's hard to win in such situation. I don't really know what to advise. If you can spend $350 to speed up I-130 adjudication, go ahead and file a suit for I-130/I-485 with you and your wife as plaintiffs. Without approved I-130 there is no chance to get I-485 approval.
 
No return receipt from Deefendants.

Guys,
I served the defendants a month ago and I see online that they have received the complaints n stuff several weeks ago....So far I received return receipts only from a few defendants (AUSA,TSC,VSC) but no return receipt from any of the defendants in Washington DC (FBI,USCIS,DHS etc.) though. It is almost a month now and I don't have all of the return receipts which makes me worried.

Any one has experienced anything similar ?? How long should I wait for these receipts ?? Defendants in DC are probably busy because of the election or something...I know FBI never return a return receipt so you can take a printout from postal service site and file with it. I am not sure if I could do the same with other defendants too ?

Anyone Pls do share your experience, thoughts and comments !

Thanks a Ton !
 
gctarget06 said:
Guys,
I served the defendants a month ago and I see online that they have received the complaints n stuff several weeks ago....So far I received return receipts only from a few defendants (AUSA,TSC,VSC) but no return receipt from any of the defendants in Washington DC (FBI,USCIS,DHS etc.) though. It is almost a month now and I don't have all of the return receipts which makes me worried.

Any one has experienced anything similar ?? How long should I wait for these receipts ?? Defendants in DC are probably busy because of the election or something...I know FBI never return a return receipt so you can take a printout from postal service site and file with it. I am not sure if I could do the same with other defendants too ?

Anyone Pls do share your experience, thoughts and comments !

Thanks a Ton !
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Depends on your location the defendants in DC does take a little longer. Did you check with the usps online tracking to see if your summons has been delivered? The tracking should tells you the status of your package. I am not sure what state you are from but some states will take the print out tracking from usps website to prove that the defendants have received the complaint. Also, your 60 days for answer starts on the day after the local US Attorney office received your complaint. Hope this help.
 
Whether you can use the printout of online USPS delivery confirmation depends on your court. Check with your court clerk, most courts are ok with a printout from USPS website. I eventually received green card(paper delivery confirmation signed (more like stamped) by defendants, probably one to three weeks after the online status changed. But one month seems excessive.

If you court accepts the printout of online confirmation, you have nothing to worry about.

gctarget06 said:
Guys,
I served the defendants a month ago and I see online that they have received the complaints n stuff several weeks ago....So far I received return receipts only from a few defendants (AUSA,TSC,VSC) but no return receipt from any of the defendants in Washington DC (FBI,USCIS,DHS etc.) though. It is almost a month now and I don't have all of the return receipts which makes me worried.

Any one has experienced anything similar ?? How long should I wait for these receipts ?? Defendants in DC are probably busy because of the election or something...I know FBI never return a return receipt so you can take a printout from postal service site and file with it. I am not sure if I could do the same with other defendants too ?

Anyone Pls do share your experience, thoughts and comments !

Thanks a Ton !
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Thanks Jefkorn and ego788...I live in MN (Midwest) state....
Anyone from MN has similar experience ??

I am planning to wait for another week or so...I'll get in touch with the court and let see what they have to say....
 
gctarget06 said:
Thanks Jefkorn and ego788...I live in MN (Midwest) state....
Anyone from MN has similar experience ??

I am planning to wait for another week or so...I'll get in touch with the court and let see what they have to say....
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It took me over a month to get some receipts from Washington, DC.
 
Thank you all

Hello all ya Gurus...

I just wanted to say thank you for your helpful suggestions. I was stuck in name check (my senator checked long time ago)

However, I don't know whether my name check is cleared or not, but finally I got the interview letter.

Thanx again.. I hope this time USCIS will get it right.. or I will be back here :p
 
Hello, just wanted your opinion. I have been getting nowhere with my case, and I feel they are laughing at me. See my timeline below. In August I was told that I was in the no process pile. My FBI name check was completed over a year ago. Sen Jon Kyl had verified on 9/23/08 and was told I was in the no process pile and name check completed over a year ago. He was verbally guaranteed that I will be in queue for interview. On 10/01 I made an InfoPass appointment. They would nto tell me anything. I started crying as I am tied of the process. The IO said that I was in queue for interview since 9/22/08. Yes, the day before Sen Jon Kyl called. I feel that the IO messed with me. I still have not received my IL. Should I start thinking of a lawsuit or is it too early?
Thanks
 
cregan said:
Hello, just wanted your opinion. I have been getting nowhere with my case, and I feel they are laughing at me. See my timeline below. In August I was told that I was in the no process pile. My FBI name check was completed over a year ago. Sen Jon Kyl had verified on 9/23/08 and was told I was in the no process pile and name check completed over a year ago. He was verbally guaranteed that I will be in queue for interview. On 10/01 I made an InfoPass appointment. They would nto tell me anything. I started crying as I am tied of the process. The IO said that I was in queue for interview since 9/22/08. Yes, the day before Sen Jon Kyl called. I feel that the IO messed with me. I still have not received my IL. Should I start thinking of a lawsuit or is it too early?
Thanks
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If you have urgent need, do not hesitate to sue. AZ is a friendly district.
 
I have a similar situation and dates, and also contacted local Congressman, but without any result. So, I filed Writ of Mandamus Pro Se on Oct 24 for adjudicating my case. The question: My valid fingerprint 15 months will be over on Nov 9. Can local USCIS deny my adjudication on the basis that my fingerprints are not valid any more after Nov 9?
Thank you

San Francisco, CA
N-400 filed 6/12/2007 to California Service Center
Priority Date 6/27/07
Fingerprints done 08/09/2007
Contacted Congressman 06/27/2008
IL 06/30/2008: Interview scheduled on 08/05/2008
Letter Interview Descheduled 07/25/2008
Multiple Congressman' contacts, and
Infopass poointments 08-10/2008
IO said my case is (in SF USCIS) at the end of the queue 09/17/2008
WOM filed 10/24/2008
 
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MichaelM..

No they cannot.
All they can do (when and if they feel like it), to ask you to come for second finger prints.


MichaelM said:
I have a similar situation and dates, and also contacted local Congressman, but without any result. So, I filed Writ of Mandamus Pro Se on Oct 24 for adjudicating my case. The question: My valid fingerprint 15 months will be over on Nov 9. Can local USCIS deny my adjudication on the basis that my fingerprints are not valid any more after Nov 9?
Thank you

San Francisco, CA
N-400 filed 6/12/2007 to California Service Center
Priority Date 6/27/07
Fingerprints done 08/09/2007
Contacted Congressman 06/27/2008
IL 06/30/2008: Interview scheduled on 08/05/2008
Letter Interview Descheduled 07/25/2008
Multiple Congressman' contacts, and
Infopass poointments 08-10/2008
IO said my case is at the end of the queue 09/17/2008
WOM filed 10/24/2008
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Thank you. I spoke with my lawyer today.

My attorney received conflicting information today form USCIS. I've been stuck in FBI records over 15 months. I don't know what they have about me as I do not know of anything concerning I have done and my professional certification did a FBI background check over a year ago so I can be admitted into my profession. I was previosly told by IO, Sen Jon Kyl and attorney that I had passed FBI clerance over a year ago.

He said I qualify for lawsuit. Will keep you posted
 
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