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

watertown said:
Guys,

Finally I've plucked up enough courage to prepare WOM by myself. I'll need your help in the process. I'm in Boston and I have following questions to start the process

1. Need I file my case in Boston or in Worcester? Worcester district court is very close to where I work.

2. I know my name check and finger print have been cleared. Need I make FBI/DOJ a party of the defendants?

3. Who should be included in my defendant list?

4. Need I make my wife a plaintif party too?

My case was filed to NSC and then was transferred to Boston for interview in May 22, 2007. Boston-CIS changed their story couple of times: first NC, then background check, sometime additional review. Finally I was told to go to ICE to complete NSEER rtegistration in September 19, 2008. They sent me 2nd Fingerprint notice for Dec 06, 2008. I got a call from USCIS headquarter telling me that within 30 days after my fingerprint, my case will be adjudicated. But I'm getting ready for WOM if its not adjudicated by Jan 06, 2009.

I'll post my draft paper once I prepared it. I'm grateful to this wonderful board.
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1. You can file in Boston or Worcester, whatever is easier for you.
2. It's better to include FBI just in case.
3. Chertoff, USCIS acting director (Aytes?), Mukasey, Mueller
4. No need, but the case may move quicker if USC is one of the plaintiffs. (assuming N-400 is marriage-based)

US AG has to be a defendant, district US attorney - has not. Again, it's not a big deal if you include extra defendants. It's better to have extra ones than miss some.
 
Watertown,

- What is your DO?
- How did you find out your NC was cleared?
- Why were you asked to complete NSEER. That is only for non-immigrants. (Students, temporary stays, ..etc)
- Are you a LPR?
 
Happy Monday everyone .. So I called USCIS this morning and asked to speak to IO. The IO I talked to this morning told me that my case is still pending with no close end in sight :-(. The one I talked to last week, told me that they are working on scheduling my interview..I am not sure who to believe but I am leaning toward believing the one from today. I have scheduled an Infopass for tomorrow and I am sure I will get the same answer. Do you think its worth it for me to go to the Infopass ?
 
There's a slight possibility that someone at InfoPass may have solid information but then again that depoends who you get to speak to. I don't think InfoPass will do much good unless you are bored and want to chat with some jolly folks:)
mustafa34kc said:
Happy Monday everyone .. So I called USCIS this morning and asked to speak to IO. The IO I talked to this morning told me that my case is still pending with no close end in sight :-(. The one I talked to last week, told me that they are working on scheduling my interview..I am not sure who to believe but I am leaning toward believing the one from today. I have scheduled an Infopass for tomorrow and I am sure I will get the same answer. Do you think its worth it for me to go to the Infopass ?
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I'm not sure what you mean by DO. I got a letter a letter from Michael Cannon staing when my NC was cleared.

I completed NSEER when I was a graduate student but somehow USCIS didn't find that in their system. I went to ICE and again completed NSEER.

I'm not LPR and this WOM is about my I-485.

Waterman00 said:
Watertown,

- What is your DO?
- How did you find out your NC was cleared?
- Why were you asked to complete NSEER. That is only for non-immigrants. (Students, temporary stays, ..etc)
- Are you a LPR?
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DO means district office. Do you have a proof of completing NSEERS with ICE? Remember to attach that in your complaint.

watertown said:
I'm not sure what you mean by DO. I got a letter a letter from Michael Cannon staing when my NC was cleared.

I completed NSEER when I was a graduate student but somehow USCIS didn't find that in their system. I went to ICE and again completed NSEER.

I'm not LPR and this WOM is about my I-485.
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jefkorn said:
There's a slight possibility that someone at InfoPass may have solid information but then again that depoends who you get to speak to. I don't think InfoPass will do much good unless you are bored and want to chat with some jolly folks:)
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I hear you Jefkorn .. usually I would have to drive over 20 miles to go the DO here and its not fun. I am pretty sure I will talk to the same guy and he will give me the same information .. I still have time to cancel the Infopass .. I will see how I feel tomorrow
 
All info received from Infopass were lies. they told me I was in queue for interview since Sept 22 and my file was at the Phx office. They said that to Sen Jon Kyl, my former paralegal, my husband and I. There was no truth to that and it was confirmed a couple of weeks ago.

I'm still going to Infopass anyways ... in hopes they could give me a nice Holiday present
 
cregan said:
All info received from Infopass were lies. they told me I was in queue for interview since Sept 22 and my file was at the Phx office. They said that to Sen Jon Kyl, my former paralegal, my husband and I. There was no truth to that and it was confirmed a couple of weeks ago.

I'm still going to Infopass anyways ... in hopes they could give me a nice Holiday present
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Thats what I am hoping for Cregan ..since its Xmas time, they would be kind enought go the extra step ..but I am not expecting too much .. I guess I will have exhibits for my WOM
 
I hope we all get good news :) thank you

Hey jefkron and lazycis - you are always so nice in helping us. What about you? Are you still waiting or have you completed your process? Thanks
 
cregan,

jefkorn and I are happy to have our green cards after suing USCIS. Citizenship is not yet in sight for us... In the meantime we are happy to hear good news from all those who are still waiting.
 
cregan, it seemed like a never ending journey when I was waiting. After researching extensively online it boiled down to this: Nobody was going to care about an individual case unless the person himself/herself takes action to draw attention to their case. Honestly, I was just too frustrated with the process but with the forum's help, big thanks to lazycis (by the way he is not lazy at all :D in fact quite responsive) , I was able to do it.
 
Lazycis/Jefkorn

Need I inform my company lawyer about the WOM? Company lawyer has already filed our 3rd EAD/AP.

Lazycis, if US attorney of Massachusetts is not part of defendants but AG is then how can I serve summon to US attorney? Please clarify.

Thanks again for your great input.
 
cregan said:
lazycis, thank you :) I'm so impress how knowledgable you 2 are :) it's so great to have your guidance
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I want to second Cregan thanks to you guys .. you really have been great help to me as well and also thank you to Cregan .. I decided to file my WOM after you did it, you were the force behind mine ..I hope we will all get good news ..after all its the season of miracles :)
 
:)

This is good news. I called again, talked with a level-2 IO. He said that he was happy to have an update. I have been scheduled for an Interview. The date is Feb 4. It is so funny that it is so close to the 60 days of WOM :)

Thank you thank you
 
watertown said:
Lazycis/Jefkorn

Need I inform my company lawyer about the WOM? Company lawyer has already filed our 3rd EAD/AP.

Lazycis, if US attorney of Massachusetts is not part of defendants but AG is then how can I serve summon to US attorney? Please clarify.

Thanks again for your great input.
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When you go to file your case, prepare a summon for US Att. for Mass, even though he is not one of the defendants. If court stamps that summon, then serve it to US Att Office in MA. If court says it's not required, you do not have to serve a separate summon for US Att in MA. In any case, you have to serve a copy of complaint + copies of summons for all defendants to US Att in MA.
You do not have to inform company's attorney if he is not involved in Wom.
 
cregan said:
:)

This is good news. I called again, talked with a level-2 IO. He said that he was happy to have an update. I have been scheduled for an Interview. The date is Feb 4. It is so funny that it is so close to the 60 days of WOM :)

Thank you thank you
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Here we go! Do not agree to dismiss your case and you'll get an oath letter by the end of February.
 
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