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

[boston_case]

Change of address during the lawsuit process

Hi,
Can we change our address (moving in the same town) while 1447b lawsuit is in progress. How difficult it is to deal with that situation.

Thanks...

 

[cajack]

Thank you for your tips. I alread made a FOBIA request yesterday. Hopefully, I can get response from them within a month. I am planning to get a infopass to talk to a immigration officer within 2 weeks. Since we are in the same state, I think we have the same congressman/woman. Have you contact him/her yet? Did you call him/her or write a letter? Please share with me your experience with congressman/woman, if any. Thanks.

Hello Jack

With USCIS believe NO ONE till you get your oath letter. Other wise do what I did… “MAKE SURE YOU MAKE A COPY FOR EVERYTHING YOU SEND” Send everything with register certified mail, just to have proof you send something ……

1.Make inforpass, just for the hell of it, 2 or 3 “ like 1 every month, or every 3 weeks.
2.See who is your congresswomen/man and call him/her and ask for help.
3.Send FOBIA request to the FBI, and the will answer you within 3 or 4 weeks.
http://boards.immigration.com/attachment.php?attachmentid=8181
4.At the end of 120 days, send a letter to interviewing officer and remind him/her about the 120 days.
5.Do all this within 120 days, so you don’t waist time…

I wish you all the best and i thank you.

 

[Mr LA]

Thank you for your tips. I alread made a FOBIA request yesterday. Hopefully, I can get response from them within a month. I am planning to get a infopass to talk to a immigration officer within 2 weeks. Since we are in the same state, I think we have the same congressman/woman. Have you contact him/her yet? Did you call him/her or write a letter? Please share with me your experience with congressman/woman, if any. Thanks.

Hi jack,

Yes I have sent her a letter, and I called, till her caseworker told me NOT to call again and she will call me. My advices call her this week.

Just put your zip code and will tells you who is congressman/woman / Representative, and find out what is your local office number, call and ask for caseworker and just tell her your story the same one she heard 1000 times..

http://www.house.gov/writerep/

Good luck man

 

[syt]

Thank you for your tips. I alread made a FOBIA request yesterday. Hopefully, I can get response from them within a month. I am planning to get a infopass to talk to a immigration officer within 2 weeks. Since we are in the same state, I think we have the same congressman/woman. Have you contact him/her yet? Did you call him/her or write a letter? Please share with me your experience with congressman/woman, if any. Thanks.

Jack,

We should contact different congressman. Which congressman you can contact depends on where you live. You can only contact the congressman in the district you live. Check http://www.house.gov/. From my experience, it is useless and waste your stamps to contact Senators and Congressmen. Senator Boxer, send me a mail said your name check is still pending and you should send email to fbinncp@ic.fbi.gov for such inquiry. There is no one here get name check clear by Senators' or Congressmen's help.

For InfoPass, be prepared to be disappointed and angry after you talk to InfoPass officer. The answer is always the same "your name check is still pending and I can't talk to you anymore. Next in line..." Jack, I understand that you want to do something to get this solved. I have the same thought exactly like. If I can, I am even willing to pay FBI $1000 or more to expedite my name check process. I am not going to discourage you either. But, nothing we can do for this name check pending now.

1447(b) is our hopes. My suggestion is preparing on 1447(b) petition and file it at 121st day after interview.

syt

 

[cajack]

Hi Mr LA:

Thank you very much for your information. I will contact my congressman/woman or representative pretty soon.

Thanks again,

Jack

Hi jack,

Yes I have sent her a letter, and I called, till her caseworker told me NOT to call again and she will call me. My advices call her this week.

Just put your zip code and will tells you who is congressman/woman / Representative, and find out what is your local office number, call and ask for caseworker and just tell her your story the same one she heard 1000 times..

http://www.house.gov/writerep/

Good luck man

 

[cajack]

Syt:

I totally agree what you just said. I don't have high expection on infoPass and help from congressman. I am still preparing my case so that I can sue them once the time comes. I will do all of this is try to show something to the judge that I am trying my best to solve it before I bring it to the court. I will keep track of everying I tried so that I have enough reason to sue them. Thank you for you advice.

Jack

Jack,

We should contact different congressman. Which congressman you can contact depends on where you live. You can only contact the congressman in the district you live. Check http://www.house.gov/. From my experience, it is useless and waste your stamps to contact Senators and Congressmen. Senator Boxer, send me a mail said your name check is still pending and you should send email to fbinncp@ic.fbi.gov for such inquiry. There is no one here get name check clear by Senators' or Congressmen's help.

For InfoPass, be prepared to be disappointed and angry after you talk to InfoPass officer. The answer is always the same "your name check is still pending and I can't talk to you anymore. Next in line..." Jack, I understand that you want to do something to get this solved. I have the same thought exactly like. If I can, I am even willing to pay FBI $1000 or more to expedite my name check process. I am not going to discourage you either. But, nothing we can do for this name check pending now.

1447(b) is our hopes. My suggestion is preparing on 1447(b) petition and file it at 121st day after interview.

syt

 

[Mr LA]

prepare

Fail to prepare, prepare to fail . that is my believe

Just build your case step by step, when you go to court after 120 days, you just show them you did try your best and so hard to resolve this, that is all. And if you get your oath letter, that is what you want.

For me, I did prepare my self to sue them from the day I did my interview, in another word, it was in my mind from day 1, just playing by the rules.

good luck to all of us

 

[scrb09]

I understand that most of the people filing 1447B here have been interviewed by the INS and are stuck in the name-check and are getting favourable decisions.

I have a slightly different case...my N-400 is from July 14th 2003 and I have not been interviewed (I received a interview notice which got cancelled 5 days later in 2004)...and my case is pending in the name-check...

Since the 120 days time-clock begins after the interview is over...I am guessing the INS has to do something about such cases...but in my case there is no time-limit since they can just point to the FBI...

My question is do we know/have people who have had favourable results after filing a Mandamus...without being interviewed?

thanks

 

[query11]

i dont see suzy posting since 1.15 today....which is almost the same time my i.p address got barred from logging on to forums of immigration.com...

taking a wild guess its the same case with suzy too... ..

anyways just stopped by to check on suzy...
anyways..suzy thanks for all the help...i should have stopped posting from last night to save this embarassing situation??? ...

 

[Suzy977]

i dont see suzy posting since 1.15 today....which is almost the same time my i.p address got barred from logging on to forums of immigration.com...

taking a wild guess its the same case with suzy too... ..

anyways just stopped by to check on suzy...
anyways..suzy thanks for all the help...i should have stopped posting from last night to save this embarassment??? ...

I'm just, once in a while, busy with my personal life...

I won't go anywhere, unless I want too go

Remember, what I told to those pathetic s.o.b.'s, the mad dogs who're trying desperately to have me banned:

"The horses don't die when the mad dogs want!"

 

[Suzy977]

LOL suzy.... you are crazy.....

I thank you for your advice ....

I'm glad I made you smile

Anyway, don't dismiss the serious part of my post, I know I have the "talent" to mix jokes with serious matters and sometimes, even myself I don't know where it stops one and starts the other one

Well, you're a smart guy, you'll figure it out.

 

[maoliz]

I agree with you: If you are the one who mailed all the packages, you should sign the Return of Service. This is just fine, as long as you yourself don't serve in person.

Thank you!!!

 

[Suzy977]

That was advice from one successfull applicant in our district. she has got her case resolved really fast and believes it was because she sued US Attorney as well. In complaint there is a following wording about reason:

Are you sure the successful Plaintiff in you District didn't say that you have to serve the US Attorney instead of suing US Attorney?

US Attorney hasn't any jurisdiction nor involvement with your Naturalization case. It looks to me like, for example, you were suing the Mayor of your city in the above matter...no relation whatsoever between him and the immigration case.

Moreover, the US Attorney is the Defendants counselor/lawyer...I don't see how and why to sue the lawyer of the opposite party...unless s/he is implicated in the course of action which generate the litigation in the first place.

 

[maoliz]

How important is FOIPA for 1447b lawsuit

Hello all,

I just filed my lawsuit under 1447b 10 days ago. Today I received my FOIPA result from FBI with no hit. Should I include this information as additional exhibit or save it until the hearing? Does anyone know how to file additional exhibit? After I file it in the court, do I need to send copies of this to all defendants? Does the 60-day count needs to be reset once I file the new information?

Many thanks!

I asked this question two days ago. Did anyone file under 1447b get their case resolved without FOIPA information?

 

[Haddy]

Motion For Default Judgment

Alright guys this is what has happened today...

I talked to AUSA today as it was passed the 60 days for the DO. Basically he sd that he is filing a motion to dismiss my case because I dont have any grounds... he sd that people are waiting for dacades for these kind of cases to resolve... he sd that USCIS cannot do anything... FBI is not done with my background check and I should file motion to dismiss without prejudice as I dont have any ground in this case... he also threatened me that if USCIS denies my case today I won't have any case and that is why I should myself file motion to dismiss without prejudice... He is going to file motion to dismiss on my case tomorrow... I am planning to file motion to default judgement before he does...

I am feeling really really down... I am working 2 jobs now trying to make it... and the feeling of being denied while my case pending in court...

Any help like text or format or even a single point or a law citation will really be appreciated... I am going to file this tomorrow first thing...

 

[buggin]

Hi,
Can we change our address (moving in the same town) while 1447b lawsuit is in progress. How difficult it is to deal with that situation.

Thanks...

Boston_Case,
Here is a local court rule (from Northern District of CA) that deals with this issue:

3-11. Failure to Notify of Address Change.

(a) Duty to Notify. An attorney or a party proceeding pro se whose address changes while an action is pending must promptly file with the Court and serve upon all opposing parties a Notice of Change of Address specifying the new address.

(b) Dismissal Due to Failure. The Court may, without prejudice, dismiss a complaint or strike an answer when:

(1) Mail directed to the attorney or pro se party by the Court has been returned to the Court as not deliverable; and

(2) The Court fails to receive within 60 days of this return a written communication from the attorney or pro se party indicating a current address.

In other words, it is ok to change your address as long as you promptly notify your court and defendants (US Attorney).

 

[mohamedmohamed]

Alright guys this is what has happened today...

I talked to AUSA today as it was passed the 60 days for the DO. Basically he sd that he is filing a motion to dismiss my case because I dont have any grounds... he sd that people are waiting for dacades for these kind of cases to resolve... he sd that USCIS cannot do anything... FBI is not done with my background check and I should file motion to dismiss without prejudice as I dont have any ground in this case... he also threatened me that if USCIS denies my case today I won't have any case and that is why I should myself file motion to dismiss without prejudice... He is going to file motion to dismiss on my case tomorrow... I am planning to file motion to default judgement before he does...

I am feeling really really down... I am working 2 jobs now trying to make it... and the feeling of being denied while my case pending in court...

Any help like text or format or even a single point or a law citation will really be appreciated... I am going to file this tomorrow first thing...

hey haddy
the local rule of your ourt, should mention what should happen in case some failed to produce an answer by the deadlines, find that rule, and reffer to it in your motion for default judgement, just make sure you beat the US attorney to it.

 

[buggin]

I talked to AUSA today as it was passed the 60 days for the DO. Basically he sd that he is filing a motion to dismiss my case because I dont have any grounds... he sd that people are waiting for dacades for these kind of cases to resolve... he sd that USCIS cannot do anything... FBI is not done with my background check and I should file motion to dismiss without prejudice as I dont have any ground in this case... he also threatened me that if USCIS denies my case today I won't have any case and that is why I should myself file motion to dismiss without prejudice...

Unfortunately, he was right about this.... In the WOM cases, the jurisdiction over your case remains with the USCIS. They can still deny your application. Hopefully, this is not going to happen, because they still have to have grounds for denial. What he is not right about, is that you can still go to court (a different court) to appeal their denial and let them try prove that there were serious grounds for such denial.

He is going to file motion to dismiss on my case tomorrow... I am planning to file motion to default judgement before he does...

Before you file the motion fro default judgment, make sure the 60 days are over. Check with your local court rules on when the 60-day clock starts ticking. In my district, it starts the NEXT day after the US Attorney was served. Also, if the last day of the 60-day period falls on a weekend or holiday, it needs to move to the next working day. Just make sure you have grounds for the default judgment.

I am feeling really really down... I am working 2 jobs now trying to make it... and the feeling of being denied while my case pending in court...

Never feel down. This is frustrating and depressing, but this is not the worst that can happen to you. You could be one of them....

Any help like text or format or even a single point or a law citation will really be appreciated... I am going to file this tomorrow first thing...

My personal opinion is that a judge will never go for a default judgment in this kind of cases. If the US Attorney is going to file a motion to dismiss, you can file the opposition to their motion to dismiss, but you cannot do this untill you receive their motion first. And after that you will have several days (check the local rules on when the opposition is due) to prepare your opposition. Check your local court rules (there is always a section called Motions or something like that; and there is always a rule regarding opposition to a motion).

Good luck to you. Just don't let them bully you around.

 

[mohamedmohamed]

Alright guys this is what has happened today...

I talked to AUSA today as it was passed the 60 days for the DO. Basically he sd that he is filing a motion to dismiss my case because I dont have any grounds... he sd that people are waiting for dacades for these kind of cases to resolve... he sd that USCIS cannot do anything... FBI is not done with my background check and I should file motion to dismiss without prejudice as I dont have any ground in this case... he also threatened me that if USCIS denies my case today I won't have any case and that is why I should myself file motion to dismiss without prejudice... He is going to file motion to dismiss on my case tomorrow... I am planning to file motion to default judgement before he does...

I am feeling really really down... I am working 2 jobs now trying to make it... and the feeling of being denied while my case pending in court...

Any help like text or format or even a single point or a law citation will really be appreciated... I am going to file this tomorrow first thing...

local rule 1(3) of your district stated the sanction that can be imposed in the case of failure to aswer within the dealines, here what it says:
"failure to cmply withthe local rules may be santioned by any appropriate means needed to protect the parties and the justice,these sanctions includes excluding evidences, preventing witness from testifying,striking of pleading or papers,refusing oral argument, imposing attorney fees, or any other appropriate sanctions"
other apropriate santions, in these , should mean to you, that you ask the court to grant you request for the WOM, and ignore any request that could be sumitted by the oppsing partie, after the dealines, basically, a default judgement.
as from the text of the local rules 1 (3) you can also ask the court to exclude any evidence, or refuse any oral argument of the US attorney.

what all these can do, is to make _their already weak case_ even weaker, and embarrace them on front of judge, which all should music to your ears.

 

[mohamedmohamed]

now is the time to stand up for yourself

Originally Posted by Haddy
I talked to AUSA today as it was passed the 60 days for the DO. Basically he sd that he is filing a motion to dismiss my case because I dont have any grounds... he sd that people are waiting for dacades for these kind of cases to resolve... he sd that USCIS cannot do anything... FBI is not done with my background check and I should file motion to dismiss without prejudice as I dont have any ground in this case... he also threatened me that if USCIS denies my case today I won't have any case and that is why I should myself file motion to dismiss without prejudice...

Unfortunately, he was right about this.... In the WOM cases, the jurisdiction over your case remains with the USCIS. They can still deny your application. Hopefully, this is not going to happen, because they still have to have grounds for denial. What he is not right about, is that you can still go to court (a different court) to appeal their denial and let them try prove that there were serious grounds for such denial.

you are right, they have the jusrisdiction over the case, and you are also right, they cant deny it just for the fun of it, and trust me if they have any slight ground on which they can deny the case, the case would have been denied already, but they just dont have, and nothing is fishy more than denying a case after a law have been filed, because that would seen exactly as if it is a retaliation, which is really some serious.
the denial, is nothing but a scare tactics, how do you?, if they anyhting logic, or of anymerit to say, they would have said it before the elnd of the dead lines, but they really have absolutely no acceptable excuse, they can come up with anything, becaus ethey have to fiel some by the deadlines, but it wouldnt be of any value, because any one can trash it , they are in deep rtroubles, that why they was trying to scare him, so he can dismiss his case, and bail them out.
Haddy now is a good time for you to hold your ground, and fight back, because the real action have just started, and you still right, as you were when you first filed the suit, just keep that mind, and keep us updated, will help you through this, we have defeated this kind before, and am sure we still can do it again, just REALSUPERK, he will tell you.