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

Finally I'm starting to prepare my WOM, thanks for everyone in this forum to provide such great information. Can someone help me to figure out the new defendent? Thanks. Here's the old ones:

MICHAEL CHERTOFF, Secretary of the )
Department of Homeland Security (DHS) )
EMILIO T. GONZALEZ, Director of the U.S. )
Citizenship and Immigration Services (USCIS) )
DONALD NEUFELD, Director of USCIS )
California Service Center )
ROBERT S. MUELLER III, Director of Federal )
Bureau of Investigation (FBI) )
MICHAEL MUKASEY, in his official )
capacity as Attorney General of the United States, )
Defendants

Current Secretary of Department of Home land is "Janet Napolitano" not MICHAEL CHERTOFF. See the doc posted by cregan in this page.
 
I am now preparing the cover sheet for my WOM. One question: Should I type all the depedants' names in the defendant box? or just or person's name?
 
No need to put defendant's address on the coversheet. You will need those addresses to serve your complaint, look at the second post on this page.
 
Here's the new list, did I missed anything? Cregan, LazyCis, do I need to list Michael Aytes as Acting Director or Director should be enough? Thanks.

JANET NAPOLITANO, Secretary of the
Department of Homeland Security (DHS)
MICHAEL AYTES, Director of the U.S.
Citizenship and Immigration Services (USCIS)
Donald Neufeld, Director of USCIS
California Service Center
Robert S. Mueller III, Director of Federal
Bureau of Investigation (FBI)
ERIC HOLDER, in his official
capacity as Attorney General of the United States,
Defendants
 
after WOM served -- Received call from USCIS 202

HI, few minutes back received call from DHS-USCIS chief of staff office (the call came as id 202). This is right after my WOM which got delivered to them yesterday and the conversation was as follow:

lady: hi, I'm calling from USCIS chief-of-staff office regarding the request you raised with us

me: hi, how r u?

lady: I sent request to TSC USCIS I-485 manager and got response your case is assigned to officer and you should hear some action within 30-60 days

me: thank you, that's what I'm hearing last 4 months starting from DHS-ombudsman, congressman, and senator requests; this is nothing new and my case is still pending

lady: (she was quite and seems shocked from my response which seems she didn't expect from me like that.. ) no, this response only USCIS head office will receive from officer

me: no, this is nothing new even I opened SR recently I got the same response

lady: sometime case will take time to adjudicate due to various reason but your case, officer is assigned and looking in to it

me: thanks again, but this is nothing new, all I want is either approve or deny; whatever TSC officers doing are just keeping me in limbo with no decision; I'm here in US last 10 years and paid all the taxes; but cases whoever filed after me they got their green card and I'm still waiting, it is not making any sense

lady: (again quite.. seems again shocked with my response of approve or deny; and started convincing me) now your case is with officer and you will hear within 30-60 days, may be within 30 days whether it needs new FP or approval or any more documents needed but you will hear soon and I'll follow-up with them

me: (I'm not further interested to talk to this lady as it is normal routine useless response so I want cut the crap from her) thanks again for your follow-up and appreciate your call, let me see what is happening within next 30-60 days; again thank you so much for your call


** man seems like USCIS TSC IOs are like independent agency, they won't even answer properly to their head office; I wish these guys get fired and goes to street **
 
hereismygc, I got the same call a couple of days after I filed mine and the number was 202. I received another call a few weeks later with same type of conversation. They were respectful and one of them gave me her direct line. I'm assuming they are taking you seriously :)


caliSun, make sure to add your DO Director too.
 
Hi Cregon, thanks for the tip, how did you find your DO's director and his address? I searched online, only see the office locator. Is there any webside prode the detailed information?

Thanks,
-caliSun
 
Hi Cregan, Lazycis, one more question, when I check the sample complaint documentation, I didn't see it included the DO director as one of the defendent, do we need to do that? Thanks.
 
USCIS Los Angeles Field Office
300 North Los Angeles Street
Los Angeles, CA 90012
it seems as it is Ms. Jane Arellano, District Director, USCIS, Los Angeles

I added my DO Director as I wanted to cover as much as I could. What I've learned from this thread, is that it is easier to remove a defendant than add one.
 
160 days still waiting after 1st interview

Hi all,

Is there anyone in this thread has to wait over 160 days after 1st interview and gets the oath letter after ? I really need help.

filed : N-400 Feb-13-2007
ID : SEP-3-2008 : FAIRFAX, VA WASHINGTON DC OFFICE FIELD
----->>> Decision can not be made
10 infopasses after that
Called 1-800...... 1000 times, each times was able to talk to IO
got the same answer "Re-verification"
160 day passed.... still waiting.

Any sugession what I should do ? Thank you.
 
hereismygc, I got the same call a couple of days after I filed mine and the number was 202. I received another call a few weeks later with same type of conversation. They were respectful and one of them gave me her direct line. I'm assuming they are taking you seriously :)


caliSun, make sure to add your DO Director too.

Thanks Cregan. I hope they are really working on my case (somehow I don't trust them). BTW today I filed all the remaining summon proof of service with court.
 
hereismygc, totally understand. They called me the day before my interview to cancel. Ya right. I kinda blew up :eek: so I am looking forward to my oath, and have my passport and have changed my status with Social Security and DMV before I believe it happened.

160days_waiting, have you contacted your State congress? Get working on your WOM
 
Last edited by a moderator:
smali,

I know a couple in your district which successfully fought I-485 denial using 5 USC §§ 701, et seq. You should prevail.
Here are a few links for you:
http://www.ailf.org/lac/pa/lac-APA-5-9-07.pdf
http://bibdaily.com/pdfs/Szpak 7-25-07.pdf
http://www.avlawoffice.com/OregonDistrictCourtdirectsEB3 I140.htm
http://bibdaily.com/pdfs/Verovkin 12-21-07.pdf


Thank you LazyCIS. that is waht they are. They are penalizing me for their adjudication delays in deciding I-751 and now N-400 is denied. Its been total 18 days that AUSA has been served. Shall we get on his tail or its too early. Thanks for the case law.
 
Hi all,

Is there anyone in this thread has to wait over 160 days after 1st interview and gets the oath letter after ? I really need help.

filed : N-400 Feb-13-2007
ID : SEP-3-2008 : FAIRFAX, VA WASHINGTON DC OFFICE FIELD
----->>> Decision can not be made
10 infopasses after that
Called 1-800...... 1000 times, each times was able to talk to IO
got the same answer "Re-verification"
160 day passed.... still waiting.

Any sugession what I should do ? Thank you.

File a simple 1447b case and then file TRO and you'll have an oath letter within a month.
 
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