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

Did you ever request your FBI records under FOIPA? For most people, it comes back with No Records found response meaning that FBI doesn't have any record on you. "Stuck in F B I records" is vague, does it mean that an active investigation is underway and it's taking 15 months, I doubt it.
It's good 'ol CIS giving you the excuse of the day. Do you have written response from Sen. and attorney that you had FBI clearance for your was complete a year ago? You can certainly use that to fight in court. You could possibly take an InfoPass and specifically ask for name check status.
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
 
cregan
I think local USCIS often playing this "We don't have your file" or "Your case is under FBI investigation"
After I got the letter from San Francisco USCIS that my scheduled interview was descheduled, I came there and asked them "Why?" They said they didn't receive my file from California Service Center, and that my file is there for additional FBI review. After I consulted some lawyer, he said the local USCIS shamelessly lying because SF USCIS either didn't have enough people to interview me as scheduled, or they wait for elections passed, or something else. Then I called a local House Rep. office and asked them to make a request at California Service Center about my file. And indeed, the answer came that my file is at the local SF USCIS.
N-400 Priority Date 06/27/2007
Interview Scheduled on 08/05/2008
Interview descheduled 07/25/2008
Filed WOM Pro Se 10/24/2008
 
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MichaelM, I printed the Pro Se package. I'm just uncertain as to what to file my request under. I don't know why they are taking over 15 months. I had inconsistent information, that I don't know for sure that my name check has been done or not. I have been faxing and calling FBI, but that's private information and they wont release information even under the Freedom of Information Act.

What did you file you case under? What did you file your complaint under?
My attorney advice me not to file. But I am no longer listening to him. I am listening to himself, my husband and friends on this forum.

jefkron, I don't think I can get anywhere with the FBI records. They are nice, but not willing to help. I called all the numbers I could find. Left voicemails when I could. Faxed over requested with tons of information.

Thank you
 
The instruction how to file Writ of Mandamus (WOM) (suing government) is in this forum on the first page:
http://boards.immigration.com/showthread.php?t=194681&pp=15
How I did:
1. Find samples of WOM (could be also called Plaintiff’s complaint) on the Internet or on this forum, and compose your own. You will find names of defendants on those samples. (For N-400 there could be 2 types of WOM: before Interview, and after. If after Interview, there is a deadline for uscis to adjudicate the case: 120 days, and paragraph 1447 could be referred in WOM. If before the Interview, it seems there is not a definite deadline for uscis to adjudicate the case, and judge will decide if uscis unreasonably delayed the case. Usually, if your case is 6 mo behind processing dates, it should be enough for a judge to rule in your favor, if uscis would not schedule Interview and not adjudicate your case before 60 days deadline since all defendants receive their WOM. Attach printed web page from local uscis with the dates of processing N-400 to your WOM)
2. Find Web page of your local District court, in the district where your local uscis is. (There also could be free help for litigants without lawyers, and in the court there also could be samples of cases of WOM for N-400, which are open cases.) You will need to download from there only one form: Summon (though it wouldn’t hurt to download Local Court Rules, etc.to get familiar with).
3. Print WOM first and second copy for the court, third copy for yourself, and copy WOM plus Summon for each defendant. The first page of Summon should be addressed to one defendant, but in the place for all defendants on the first page you put "See Attachment", and attach to the Summon a page with the list of all defendants. On the first page you put 60 days for reply for defendants
4. Bring copies of WOM and Summons to the Clerk of Court. She will give you a cover page, which you will fill. Then she will stamp all papers and open the case after you pay $350, and will instruct you further, if needed. She will also assign a judge for your case, usually it is a magistrate judge. You could accept a magistrate judge, signing a form (I did), or decline, and ask for a district judge, signing another form.
5. Send WOM with Summon to all defendants using Certified mail with return receipt requested. It is called serving defendants. If you don’t know address and name of your local uscis director, you can call your District Attorney, they should provide it to you. My understanding is that the office of local District Attorney is the place where to seek answers and cooperation. Though, I put DA as a defendant in my case, perhaps only copy of WOM to DA could be enough.
Some names and addresses are here
 
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MichaelM, thanks. It's seems difficult :) but I'm sure the paper work is more scary than what I think. We went to my InfoPass and we were told I just cleared by FBI checks. the IO confirmed I was in place for interview. I think I will wait and see.

I printed all the information you posted so I can do meanwhile reading. We will see. I will keep you posted. Good luck. Keep us posted!
 
Scary Development in WOM.

Guys,
I recently filed a WOM regarding my I-485 which has been pending for almost 4 years now. My employer and my attorney just got a few notices (RFEs) from USCIS regarding my H1B. Now they are questioning my H1B itself. I have a masters degree (Economics & Finance) + 3 diplomas in computers. When a H1B was applied for the first time in year 1999 (almost 10 years ago), I also had a 3 years of full time expereince working as a software developer. My H1B was approved in year 2000 and 3 H1b extension has been granted ever since.

Now after filing this WOM, it seems that they are retailiating against me by questioning the very 1st H1B approval. They stated that I don't qualify for H1 as I didn't had the required qualification i.e. (Bachelors in Computers). I already had a credential evaluation done which was accepted by them.

Lazycis/Jefkorn or any senior member any idea how to proceed ??
I live in MN and I am planning to hire an attorney for my case. Anyone any suggestions for a good attorney ??

highly appreciate your input and comments.
Thanks.
 
gctarget06,
Sorry to hear that. I personally don't know any lawyer in MN but as suggested by lazycis you can try searching for lawyer at http://www.ailalawyer.com/

Is your current employer the sponsor of H1 in question? What does the RFE specifically ask for?
It may be helpful to get in touch with the lawyer who filed your H1 to find out if any documentation would be helpful in this regard.

It seems little odd that at the AOS stage, you are being asked to provide the proof of an old H1 petition that was approved.

Usually the RFEs at the AOS stage include birth certificate related discrepancies, proof of legal status etc.
You can also look at the labor of the first H1B and find out what are the degree requirements, if you meet them and you can prove that by providing the credential evaluation, you should be good.

Good luck and keep us posted on the developments.

Guys,
I recently filed a WOM regarding my I-485 which has been pending for almost 4 years now. My employer and my attorney just got a few notices (RFEs) from USCIS regarding my H1B. Now they are questioning my H1B itself. I have a masters degree (Economics & Finance) + 3 diplomas in computers. When a H1B was applied for the first time in year 1999 (almost 10 years ago), I also had a 3 years of full time expereince working as a software developer. My H1B was approved in year 2000 and 3 H1b extension has been granted ever since.

Now after filing this WOM, it seems that they are retailiating against me by questioning the very 1st H1B approval. They stated that I don't qualify for H1 as I didn't had the required qualification i.e. (Bachelors in Computers). I already had a credential evaluation done which was accepted by them.

Lazycis/Jefkorn or any senior member any idea how to proceed ??
I live in MN and I am planning to hire an attorney for my case. Anyone any suggestions for a good attorney ??

highly appreciate your input and comments.
Thanks.
 
Guys,
I recently filed a WOM regarding my I-485 which has been pending for almost 4 years now. My employer and my attorney just got a few notices (RFEs) from USCIS regarding my H1B. Now they are questioning my H1B itself. I have a masters degree (Economics & Finance) + 3 diplomas in computers. When a H1B was applied for the first time in year 1999 (almost 10 years ago), I also had a 3 years of full time expereince working as a software developer. My H1B was approved in year 2000 and 3 H1b extension has been granted ever since.

Now after filing this WOM, it seems that they are retailiating against me by questioning the very 1st H1B approval. They stated that I don't qualify for H1 as I didn't had the required qualification i.e. (Bachelors in Computers). I already had a credential evaluation done which was accepted by them.

Lazycis/Jefkorn or any senior member any idea how to proceed ??
I live in MN and I am planning to hire an attorney for my case. Anyone any suggestions for a good attorney ??

highly appreciate your input and comments.
Thanks.

It's not easy to revoke approved H1. Here is a decision for you:
https://www.paed.uscourts.gov/documents/opinions/07D1135P.pdf

Respond to RFE, appeal the revocation if it happens and convince employer to go to court if appeal is denied.
 
It's not easy to revoke approved H1. Here is a decision for you:
https://www.paed.uscourts.gov/documents/opinions/07D1135P.pdf

Respond to RFE, appeal the revocation if it happens and convince employer to go to court if appeal is denied.


Thanks a lot folks ! As soon as I get the detail of RFE, I'd post it here. In the meantime wondering if you guys could suggest where to get the evaluation (Education + Experience) done ? I heard about Sheila and TrustForte. I just want to go with someone who is considered good in USCIS eye..
Any suggestion in this regard ?

Thanks !
 
I had mine done only once for the very first H1 by TrustForte and used that for subsequent H1s successfully. If you have copy of older education evaluation submitted with the H1 under question, you can use that.
Thanks a lot folks ! As soon as I get the detail of RFE, I'd post it here. In the meantime wondering if you guys could suggest where to get the evaluation (Education + Experience) done ? I heard about Sheila and TrustForte. I just want to go with someone who is considered good in USCIS eye..
Any suggestion in this regard ?

Thanks !
 
Dismissing Case

I just gotten my interview this week and was scheduled for oath next week. I received an email from the AUSA asking me to file stipulation dismissal and state that if I don't agree she will file motion to dismiss on their side. I was thinking about not answering them until after the oath. If I do that and she file for MTD will that affect me in anyway? If it is dismissed that way will they be rewarded for fees? Any help ASAP will be great.

thanks,
 
I just gotten my interview this week and was scheduled for oath next week. I received an email from the AUSA asking me to file stipulation dismissal and state that if I don't agree she will file motion to dismiss on their side. I was thinking about not answering them until after the oath. If I do that and she file for MTD will that affect me in anyway? If it is dismissed that way will they be rewarded for fees? Any help ASAP will be great.

thanks,

No need to dismiss a case if you filed a lawsuit before the interview. Just say that instead of dismissal you want to hold a case in abeyance and to dismiss it right after an oath. Either way, you should be fine if you have an oath letter in your hand, but why not choose the safest route?
 
Here is what the RFE states...

Guys,
Finally I managed to post the RFE here...Here is what my employer received....

"United States Citizenship and Immigration Services (USCIS) hereby notifies you of its intent to revoke the petition filed on XYZ, Year on behalf of the beneficiary. On Month 22, Year, USCIS approved the petition. It has now come to the attention of USCIS that the beneficiary was not qualified to perform the duties of a programmer analyst at the time of filing of this petition, as well as at the time of filing of the preceding petition.

First, there are no transcripts present in the record to show that the beneficiary's education equipped him with the knowledge or expertise to perform the duties associated with a programmer analyst. Second, the enclosed certificates from Microsoft do not indicate the specific dates when the beneficiary was enrolled in each course. As a result, United States Citizenship and Immigration Services (USCIS) cannot determine if the length of study was sufficient to prepare the beneficiary for the proffered position. Third, while the certificates from NIIT denote the beneficiary's dates of enrollment, USCIS does not recognize this institute as an entity that provides individuals with the sufficient knowledge to perform the duties of a programmer analyst.


Further, the beneficiary worked for XYZ, Inc., located in ABC, for a period (From Years To Years). Research conducted by USCIS reveals that this entity has no affiliation with the United States (U.S.) company with which he was employed at the time, and that the beneficiary was not authorized to work there during this time period. Provide evidence to establish that the beneficiary's eligibility to work for XYZ, Inc. "

Now there is company name XYZ Inc. they picked from my resume for which I did a project (client site) and complaining that my work wasn't authorized over there.

Now the problem is that my employer who held my H1 then and the stated client both are no longer in business. I cant ask for any type of help from them in response to this RFE.

Please share your ideas/comments/thoughts as to how to respond to this query.

Thanks a lot folks !!!
 
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what is that!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
1 http://www.youtube.com/watch?v=kr5Bgvmuj_E&feature=related
2 http://www.youtube.com/watch?v=NAPaofi_gAo&feature=related
3 http://www.youtube.com/watch?v=ivt5698UECI&feature=related
4 http://www.youtube.com/watch?v=cZ0186r-K7Y&feature=related
AND PLEASE DO NOT SHUT ME DOWN AGAIN I AM JUST SHOWING THE TRUE
PEOPLE MUST TO KNOW WHAT IS HAPPENING IN THE WORLD, NOT JUST IN USA, ALL ARROUND THE GLOBE.
COPY AND PASTE BEFORE THEY DELETE IT AGAIN
 
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Hey guys !! Just filed my WOM pro per or pro se (basically representing myself without lawyer) because of my I-751 pending since 2 yrs for no reason, interview and background check done, every thing inorder but no adjudication and every time I showed up they just gave me the usual BS and runaround so I filed the WOM, does any body know within these 60 days given by the court, with what type of motion the U.S att will try to screw my case? I heard they usually go for motion to dismiss for lack of jurisdiction etc.. I have another question : If they file a motion to dismiss or to extend the time, should I cross-motion to oppose it or I have to let the Judge take the decision? in case of time extension I heard you can oppose it by another motion but I dont know in case of motion to dismiss?

Thanks ! ah my 2 cents for GCTARGET06 : I think you seriously need a sharp lawyer as they are really showing you that they are trying every thing to revoke that petition, I am wondering how they even found the time(with all these so called backlogs) to find all these information about your transcripts missing from the first petition, Microsoft courses date missing and contacting that employer to see if you are still working there etc.. I m sure if they review (the way they did with u) original petitions of every aliens, they will find alot of people with lil hitches in their applications but usually they never do that but in your case, unfortunately they did..... anyway my estimation is that a good lawyer will try to file all the document missing in your case and explain the situation about the employers no longer in business but then again it will depend on their discretion to accept it or not and you might end up defending your case in front of an immigration judge if USCIS decides to deny your case, which is after all not a bad thing, I d rather to deal straight with a judge rather than having my case stuck and jammed for afew yrs in uscis regular bs games and get denied at the end, just keep fighting and be real with your self, the bad faith of this agency and their disregard for any moral and ethical values is known by almost everyone. God bless !!
 
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alexcalifornia,
The AUSA can file motion to dismiss on the usual grounds to which you will have to file Response to MTD of course opposing the claim in MTD. If the AUSA asks for an extension of time to answer make sure that this request is actually to work with USCIS and not just to prolong the case. You may want to get in touch with AUSA a week or so before the 60 day deadline. This will give you an idea if the AUSA is planning to file MTD or ask for an extension so the case can be ultimately be dismissed after getting your I-751 adjudicated.

If the AUSA files for MTD, you want to oppose it by filing opposition to MTD, you can look at few samples here at http://en.wikibooks.org/wiki/FBI_na...Opposition_to_Defendants.27_Motion_to_Dismiss .

In case of motion AUSA's motion for extension of time, you could agree to it over the phone and then AUSA could file "accented-to motion for extension of time". If you don't oppose any of the motions, the court will grant them.

It's the MTD that you need to prepare for and motion to extension of time in most case is a good sign.

If you know who is the AUSA, you may want to find his/her track record to get a sense of how he/she deals with WOMs. If may put your mind at ease if you see that most of the WOMs were dismissed with or without asking for an extension and not MTD was filed.

From your user name, looks like you are in CA, it's WOM friendly.

Good luck!

Hey guys !! Just filed my WOM pro per or pro se (basically representing myself without lawyer) because of my I-751 pending since 2 yrs for no reason, interview and background check done, every thing inorder but no adjudication and every time I showed up they just gave me the usual BS and runaround so I filed the WOM, does any body know within these 60 days given by the court, with what type of motion the U.S att will try to screw my case? I heard they usually go for motion to dismiss for lack of jurisdiction etc.. I have another question : If they file a motion to dismiss or to extend the time, should I cross-motion to oppose it or I have to let the Judge take the decision? in case of time extension I heard you can oppose it by another motion but I dont know in case of motion to dismiss?
 
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Stipulation to Seal

I filed WOM a few months ago and the AUSA filed their answer with Administrative File. Althought it is file in paper form, all my information is not redacted (ssn, address, etc). Did anyone here have same situation as me? Is it common for AUSA to file records that contain such confidential information without sealling it?

I filed a motion with the AUSA earlier but was denied by the judge due to my motion does not contain "a clear statement of the facts justifying a seal and overcoming the strong presumption in favor of public access". Is there any sample motion to seal that I can use to get a better outcome? Any help will be greatly appreciated.

Thanks
 
I filed WOM a few months ago and the AUSA filed their answer with Administrative File. Althought it is file in paper form, all my information is not redacted (ssn, address, etc). Did anyone here have same situation as me? Is it common for AUSA to file records that contain such confidential information without sealling it?

I filed a motion with the AUSA earlier but was denied by the judge due to my motion does not contain "a clear statement of the facts justifying a seal and overcoming the strong presumption in favor of public access". Is there any sample motion to seal that I can use to get a better outcome? Any help will be greatly appreciated.

Thanks

Refer to court's general order from 5/29/2003
http://www.wawd.uscourts.gov/docume...lOrderrePublicAccesstoElectronicCaseFiles.pdf

http://www.wawd.uscourts.gov/ElectronicFiling/RedactingPersonalInfo.htm

Ask AUSA to file redacted version of the doc in question and then file motion to seal unredacted doc.
http://governmentoflaw.info/document/US71008M.pdf
 
Filing law suit. Sick of this process. They are rediculos. I am trying to find code section to file under but kinda lost. Would appreciate any help on this. I have not had my interview and they will not tell me anything as they say to wait all the time. I know I can't file unde Sec 1447(b) as I did not have my interview. What section would be best in my case? Any sample WOM for before interview suing?
 
Should I file a Lawsuite?

I am new to this please ignore my lack of knowledge about the subject.

I would like to know if I quality to file the lawsuite:

I filed I-485 in March 2007, it has been over 20 months, my case has still pending. I have had Interview in Feb 01 2008,yet no response.

Opened Several Inquries, wentforInfopass appointments, wrote letters to congressman, senators, and governor, all in vain.

Recently I hired a lawyer, who made an infopass apoitnment. She told me that my case has gone for fbi background check. This is a big "news" to me since for the last one and half year all the immigration officers that I have contacted have told me that my bacground checks are clear.

At this time I am very disappointed I am and not sure how long it will take, please advise if I should sue USCIS and if it has any chances of messing up my case?

I will appreciate your response
 
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