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

Thank you Lazycis.

lazycis said:
Janet Napolitano, Secretary of the Department of Homeland Security

Michael Aytes, Director (acting), United States Citizenship and Immigration Services

Robert S. Mueller, III, Director of the Federal Bureau of Investigation
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our cases were transfered to Chicago office from Nebraska cenrter, I will put the director of chicago field office. Do you think I need to include the director of Nebraska cenrter as one of the defendants?
 
Shugemama said:
our cases were transfered to Chicago office from Nebraska cenrter, I will put the director of chicago field office. Do you think I need to include the director of Nebraska cenrter as one of the defendants?
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You do not have to. Chicago director+uscis director will do.
 
that's right, they don't have my file. I let them know what's going on and all people involved in my application: Politicians, AUSA and more. She put me on hold. I called AUSA. She told me that she will put in a call. When the agent came back from on hold she said that they kept my time tomorrow, but they don't have my file. I asked her about ever being a citizen and the reply said it was up to the computer.

I'm so pissed. I'm not a bad person. I was looking forward to the interview. I don't udnerstand. I just accepted the 30 days extension, that's bad

I'm posting this in Phx thread too
 
cregan said:
they de-scheduled my interview
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They call it "service". Calling at the last minute to reschedule...
In any case, they should adjudicate your case in 30 days and this just makes your court case stronger. Don't regret accepting the extension, court would have granted extension without your consent anyway (the first extension is usually granted). We are with you, cregan.
 
cregan said:
that's right, they don't have my file. I let them know what's going on and all people involved in my application: Politicians, AUSA and more. She put me on hold. I called AUSA. She told me that she will put in a call. When the agent came back from on hold she said that they kept my time tomorrow, but they don't have my file. I asked her about ever being a citizen and the reply said it was up to the computer.

I'm so pissed. I'm not a bad person. I was looking forward to the interview. I don't udnerstand. I just accepted the 30 days extension, that's bad

I'm posting this in Phx thread too
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Don't worry about the 30 day extension. If anything, it'll make you look like a reasonable person in the judge's eyes. To further reinforce what I posted earlier, I am absolutely POSITIVE that they lost your file. Since they kept your appointment tomorrow, they will still conduct the interview and create a temporary file. However, they won't make a decision on your case until your file arrives from the service center (which will probably never happen). However, once the interview is conducted, the 120 day countdown begins. Once that's up, you can take them to court under 1447(b). Since you already have a case going, it'll only make things easier. Since the AUSA told you that the USCIS will adjudicate your case within 30 days, I wonder if they lied to the AUSA as well?
 
Thank you for all of your moral support. I was studying so much and made big binders with our information. Now, what's the surprise tomorrow? Even though they told me they kept my interview will they really have it for me?

so the 30 day extension :) will this make them complete my case before the 120 days?

Thanks, lots of thank you
 
cregan said:
Thank you for all of your moral support. I was studying so much and made big binders with our information. Now, what's the surprise tomorrow? Even though they told me they kept my interview will they really have it for me?

so the 30 day extension :) will this make them complete my case before the 120 days?

Thanks, lots of thank you
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The way things are going, you will most likely become a citizen this year. However, it doesn't seem like it'll happen without judicial intervention...but that's why you filed WOM, right? :)

One more thing. I've heard stories of some IOs asking applicants to sign a 120 day waiver. Needless to say, if they ask you to sign something like this, politely decline.
 
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Cregan .. sorry to hear about your news ..hopefully all goes well tomorrow for sure ..It is you still insisted on your interview tomorrow. I went to talk to the AUSA today but the attorney assigned to my case was not there. I left my phone number. I am hoping he will call me soon, if not, I will call him tomorrow ...I hate that they play games with us not caring about other people's lives ...
 
cregan,

I am sure you know this and are prepared, but just to reiterate: You should bring hardcopies of your N-400 and anything you submitted to them. That way, they can conduct the interview using that material and reconcile it later on with their records. This might save you a trip to yet another interview.


cregan said:
Thank you for all of your moral support. I was studying so much and made big binders with our information. Now, what's the surprise tomorrow? Even though they told me they kept my interview will they really have it for me?

so the 30 day extension :) will this make them complete my case before the 120 days?

Thanks, lots of thank you
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cregan said:
so the 30 day extension :) will this make them complete my case before the 120 days?
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Yes, AUSA can push them. USCIS can work very fast. They do not have to wait 120 days after ID to approve your application. They will probably say tomorrow that your N-400 will be approved as soon as file is received.
 
lazycis said:
Yes, AUSA can push them. USCIS can work very fast. They do not have to wait 120 days after ID to approve your application. They will probably say tomorrow that your N-400 will be approved as soon as file is received.
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So that might be a blessing then .. I wonder if I ask them to move up my interview date, will it impact my file arriving to the Kansas City office in time or not ?
 
I have all my original USCIS history documents, a binder for documents representing myself and my husband, and a small package for the IO from the Interview checklist. Should I make copies of my USCIS history documents? That's lots of papers, but I don't feel silly because obviously they need that much documents.

Lazycis, thank you. I'll focus on that extension for my application to be completed ...

AUSA called me back confirming my interview tomorrow. She said that USCIS called me by mistake as they thought they didn't have my file, then they found it and was suppose to communicate with me that they found my file.

I know my file is lost, it's bee confirmed too many times :(
 
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cregan said:
I have all my original USCIS history documents, a binder for documents representing myself and my husband, and a small package for the IO from the Interview checklist. Should I make copies of my USCIS history documents? That's lots of papers, but I don't feel silly because obviously they need that much documents.

Lazycis, thank you. I'll focus on that extension for my application to be completed ...

AUSA called me back confirming my interview tomorrow. She said that USCIS called me by mistake as they thought they didn't have my file, then they found it and was suppose to communicate with me that they found my file.

I know my file is lost, it's bee confirmed too many times :(
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Cregan .. is your lawyer going with you ? they would bring a copy of your N400 with them .. what time is your interview?
 
I let my lawyer go, no more lawyer. He messed up on my father's case, he wouldn't get back to my other family members and he had no care for me. I do have all my applications with me since the first day I came here. In my binder I have all of my previous FPs, notices, etc ...
 
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