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

[buggin]

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 (Remove these lines)
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)

Ths US Attorney represents US Government (Federal courts); District Attorney represents the People (Criminal courts).

Michael Chertoff, Secretary of the Department of Homeland Security
Office of the General Counsel
US Department of Homeland Security
20 Massachusetts Ave, NW, Suite 4025
Washington, D.C. 20529

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 20529

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).

It should be 20529.

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?

It is because you have to send your papers to the office of their General Counsel (the head of the leagal department usually, which handles all the legal matters).

Good luck

 

[buggin]

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?

1447(b) Petition is for those who are waiting for name check for their N400 Application for Naturalization. WOM is for those who are waiting for name check for Permanent Residenship.

 

[Balto]

mohamedmohamed, the problem is,

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.

this particular attorney and people like that are full of bull crap themselves and may never realize that they are no more than a piece of <you put in the word here>, yet they are in such positions to make others suffer.

The only reason that I said this is b/c when I read the memo last night, it was late, and I did not give much thought about the validity of the claim in it, and just felt, oh boy, WOM is sure a lot more difficult than 1447b. Then I woke up today, read your reply to it, and the bigK just said this is the SAME person who gave bigK the pretty much same crap, and I couldn't help to yell Holy Fock! I would not even bet on your predition that "in time she will realize that this stuff wont fly on anyone", b/c "you can't fix stupid" -- by Ron White

Balto

 

[Suzy977]

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..

First:
I like your ID

Second:
No question is too stupid

Third:
-Writ of Mandamus is the lawsuit which requests the court to force a Governmental institution to adjudicate a case in reasonable amount of time.
Writ of Mandamus can be used by any individual experiencing unreasonable delays in processing their case. (It works for I-485 Applicants as well as for N-400)
-Petition for Hearing...under 8 USC 1447(b) can be used only by N-400 applicants, and basically requests the Court to Adjudicate the Naturalization petition (USCIS loses jurisdiction over the case) since USCIS wasn't able to come with a resolution during the mandatory period of 120 days after the "Examination" (so far Examination=Interview)

Basically, in a few words, Writ of Mandamus purpose is to force (through the court) USCIS to adjudicate the case, Petition under 1447(b) request the Court to adjudicate itself the case, while USCIS loses jurisdiction over the case.

In my opinion 1447(b) is much better and safer for naturalization cases than Writ of Mandamus.

 

[Finale]

Finally

Folks,

It's finally over! I got the card in mail today. Sorry for the delay in reporting the approval. So here is the timeline:

WOM filed: April 6th, 2006
US Attorney Served: April 20th, 2006
Approval email: May 31st, 2006
GC in the mail: June 5th, 2006

It is a sweet victory after four years of waiting and I owe it to this forum; I mean it. Thank you all for all the help and support! Publicus, I'm sure you get this alot, but you really are a hero!

bests,
Finale

 

[cajack]

Syt:

Thank you so much for you help. I will make a FOIPA request tomorrow. I just have one little concern. By law, I know we can file a 1447b law suit against USCIS if it does not make any decision after 120 days. But do you think Judge will think we do not give USCIS enough time to do its job and we will have the possibility to lose the case? I notice there are many people on this forum has been waiting for few years without any decision. I just don't want to give USCIS any excuse to win the case.

Thanks,

jiaqi

Jack,

For FBI FOIPA, please read attached two pdf files. These are all you need. And, yes, it took 3 weeks and 3 days for me to get response back from FBI. I send it out on April 14, 2006, and got the response by mail on May 8, 2006.

For District Court in your area, it is Eastern District of California, District Court. You can get confirm from http://pacer.psc.uscourts.gov/lookup.html. The web site for your district court is http://www.caed.uscourts.gov/.

I hope this help for you.

Regards,
syt

 

[qim]

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!!

Hey, I really like this proposal: "Any plan to apply for an easy and high-pay job in USCIS?". Fresh, unexpected, exciting... I've been over 16 years in this country, but incredible idea like this never came to my mind (and my family/friends' minds either). Do they really pay high (how high is high)? Probably should seriously think about this... hope people like you can write a letter of recommendation... Oh, wait a second, new employment should be done without prejudice... But there is a lot of prejudice from both sides in this case (from me because of clear lack of respect, and from them because I successfully sued them). So I afraid this marriage is not going to happen... Thanks, anyway

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!

It is likely that in two to three days you will receive oath letter (form N-445). Congrats again!

 

[AL11]

Wow

Wow,
This forum is really on fire, I have been out of town on vacation for a week and now I came back and it took me almost all day to catch up. it was refreshing to hear all the success stories.
I met with an immigration attorney today, he currently has about 20 cases against USCIS. he looked at my WOM complaint and told me that mine is better than the one he usually write. he did not think that I needed him and that I can file myself. he said he will be willing to help me if they give me a hard time. Thanks to every one who posted samples of AOS WOMs.
I also received my FOIA request with no recored response today (only a week after I sunmitted it)
I have sent an intent to sue letter with a deadline expiring 6/23 at the same time I send a letter to white house, congressman and FBI.
I will be filling in Seattle on 6/26 if I don't hear by then.
Also, the attorney said that once the new bill is passed we won't even dream of suing ( in the same breath, however he said it will take about 4 years for it to pass)
Any way just an update on my situation

 

[khalafah2000]

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.

There is a doc on the forum "FBI name check primer". i got the following information from that doc. I had sent FOIPA already around couple of weeks ago. Then I wanted to send a Name Check Inquiry Fax, but now, you guys are saying that FBI doesn't accept faxes. Is the info. on that doc is now old?
Also what other information is still relevant on the following list? I mean, apart from FOIPA, anything else from this list useful? I am also thinking of writing directly to "William Hooton – Asst Director RMD Office" requesting an expedited name check due to my personal situation(wife and infant kids waiting outside of USA for more than 3 and half years etc). Any advice on it? Also got infopass appointment for next week and wrote to senators and congressman. Very likely none would work, but just keeping myself busy and collecting evidence that I did everything what I could before filing 1447b.

FBI Fingerprint Status (304) 625-2000
FBI Name Check Status (Main Line) (202) 324-3625
FBI NNCP Public Inquiry Voice Line (202) 324 2399
FBI Name Check Inquiry Fax (202) 324-3367 (Mention Name/DOB/A#/Ph#/Addr#/Email/Fax)
FBI NNCP Analyst Diane Berger – (202) 324 0680 (Do not nag the analysts)
FBI NNCP Supervisor Renee Morton – Call the FBI main line and ask for this person.
FOIPA Contact Person Debbie Beatty (202) 324 6182
FOIPA Fax Inquiry (202)-324-3752
William Hooton – Asst Director RMD Office – (202)-324-7129 (Use as a last measure

 

[khalafah2000]

Wow,
This forum is really on fire, I have been out of town on vacation for a week and now I came back and it took me almost all day to catch up. it was refreshing to hear all the success stories.
I met with an immigration attorney today, he currently has about 20 cases against USCIS. he looked at my WOM complaint and told me that mine is better than the one he usually write. he did not think that I needed him and that I can file myself. he said he will be willing to help me if they give me a hard time. Thanks to every one who posted samples of AOS WOMs.
I also received my FOIA request with no recored response today (only a week after I sunmitted it)
I have sent an intent to sue letter with a deadline expiring 6/23 at the same time I send a letter to white house, congressman and FBI.
I will be filling in Seattle on 6/26 if I don't hear by then.
Also, the attorney said that once the new bill is passed we won't even dream of suing ( in the same breath, however he said it will take about 4 years for it to pass)
Any way just an update on my situation

wow!
BTW, I believe that information on this forum is more than sufficient to file for oneself.
anyway, which FBI address did you use to send your letter? Was the letter for name check status?

 

[AL11]

wow!
BTW, I believe that information on this forum is more than sufficient to file for oneself.
anyway, which FBI address did you use to send your letter? Was the letter for name check status?

I sent the letter to the FBI congressional office requesting that they expadite my name check. I don't have the address handy now, but I will find it tonight when I get home and post it.

 

[fightback]

Folks,

It's finally over! I got the card in mail today. Sorry for the delay in reporting the approval. So here is the timeline:

WOM filed: April 6th, 2006
US Attorney Served: April 20th, 2006
Approval email: May 31st, 2006
GC in the mail: June 5th, 2006

Congrats for your victory, Finale!
Where did you file your WOM? It's so fast. . I hope I am in the same area .
In another post buggin answered(I may wrong) regarding the US attorney and District Attorney, one for government one represent people(criminal), what I found is US attorney for district. So is it ok for me mail the complaint to US attorney of district? Lots of posting said DA. Kind of confused me again! Sorry about my stupid question. Thanks!

 

[khalafah2000]

I sent the letter to the FBI congressional office requesting that they expadite my name check. I don't have the address handy now, but I will find it tonight when I get home and post it.

Thanks, will wait for your tonight post. I don't have this address.

 

[Finale]

Congrats for your victory, Finale!
Where did you file your WOM? It's so fast. . I hope I am in the same area .
In another post buggin answered(I may wrong) regarding the US attorney and District Attorney, one for government one for criminal, I can not find US attorney in my district, I only found US district attorney. So is it ok for me mail the complaint to district attorney? Kind of confused again! Sorry about my stupid question. Thanks!

Thank you Fightback,

It is not OK to send the complaint to District Attorney, you need to send it to US District Attorney. Here you can find the addresses and phone numbers for US Attorneys in different districts. Someone on this forum sent it to me sometime ago.

http://www.usdoj.gov/usao/offices/index.html#c

F

 

[fightback]

Thank you very much Finale for your quick reply! I checked that site, and the person is the one on my list. So I felt relieved now. Thanks again!

 

[buggin]

Folks,

It's finally over! I got the card in mail today. Sorry for the delay in reporting the approval. So here is the timeline:

WOM filed: April 6th, 2006
US Attorney Served: April 20th, 2006
Approval email: May 31st, 2006
GC in the mail: June 5th, 2006

It is a sweet victory after four years of waiting and I owe it to this forum; I mean it. Thank you all for all the help and support! Publicus, I'm sure you get this alot, but you really are a hero!

bests,
Finale

Congratulations! Well done, Finale. Another point in our favor. Wish you the best.

 

[buggin]

I just have one little concern. By law, I know we can file a 1447b law suit against USCIS if it does not make any decision after 120 days. But do you think Judge will think we do not give USCIS enough time to do its job and we will have the possibility to lose the case?

Cajack, I wouldn't worry about this. Of course, judges are just human beings and are entitled to their own views and opinions. However, if your judge decides that you should have given USCIS more time to adjudicate your case, he/she would be dead wrong and go against the law (judges rearly go against the law, because they don't want to be overturned by an appellate court; this is very bad for their reputation). I don't think your judge would tell you to give USCIS more time, unless you agree to that. And even if he/she orders you to do so, you will have a chance to appeal. I doubt though that it will ever go that far. So, don't worry, you are going to be fine.

I notice there are many people on this forum has been waiting for few years without any decision. I just don't want to give USCIS any excuse to win the case.

Those people were waiting because they didn't know that there was a something they could do. If they knew about the right to sue, they wouldn't have waited that long, believe me.

 

[syt]

Syt:

Thank you so much for you help. I will make a FOIPA request tomorrow. I just have one little concern. By law, I know we can file a 1447b law suit against USCIS if it does not make any decision after 120 days. But do you think Judge will think we do not give USCIS enough time to do its job and we will have the possibility to lose the case? I notice there are many people on this forum has been waiting for few years without any decision. I just don't want to give USCIS any excuse to win the case.

Thanks,

jiaqi

Jiaqi,

120 days is by law and long enouth. I see no reason to lose the case if we file 1447(b) at 121st day.

syt

 

[buggin]

Hey, I really like this proposal: "Any plan to apply for an easy and high-pay job in USCIS?". Fresh, unexpected, exciting... I've been over 16 years in this country, but incredible idea like this never came to my mind (and my family/friends' minds either). Do they really pay high (how high is high)? Probably should seriously think about this...

Qim, USCIS would be lucky to have you.
Government jobs usually don't pay well but they do have great benefits (e.g., medical insurance for the rest of your life after your legitimate retirement, lots of time off, great pension plan, etc.). However, in my personal opinion, I'd be dead way before I am eligible for the retirement benefits, would probably have a stroke from working with those lazy morons....

 

[syt]

buggin and xu111,


"20 Massachusetts Ave, NW, Rm 4025" is the address of "Office of the Chief Counsel" of USCIS. This office is different with "Office of the General Counsel" of DHS. Although USCIS is under DHS, they have their own office to handle legal matter.

syt