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

Is it a good time to file WOM

Hi all, I field N-400 Dec 2009 sent to the NBC, I was put in the intreview queue on Feb then removed in march 09 due to Name check pending. They transfered my file to DO late april 09, Ever since every time I contact Detroit DO they say my file is undergoing extra security checks!!. I contacted Ombudsman and they initiated formal inquiry, I recieved a letter from USCIS saying that they can not do anything as my file is under a review 10 months and no IL yet, Any advise it very appreciated.
 
I went to interview on 8-4-09, pass the test , IO told me some documents are missing from their system, they don't need any thing from me and i have to wait for the an another letter for 2nd interview. keep calling them and i got the letter from DO saying i have to wait 9 months . How can i file a 1447(b) ? IO didn't give me any thing not even n-652.

Please advice me .

Thanks alot
 
WOM Works

Hi Lazycis, Jefkorn and all active present and past members,

I would like to sincerely thank you guys and all others who have made it possible for people like me (wit extremely limited legal knowledge) to file WOM, pro se

I received a call from USCIS 5 days before extension due date to come for a oath ceremony. All said and done I took oath yesterday and now my ordeal with USCIS is finished for good.:)

Lastly I have a quick question:

Now AUSA wants me to file joint dismisssal which states dismissal with prejudice. That should not be a problem, any thoughts before I sign and hand it stipulation to AUSA?
Again, thanks for all your help.
 
armin78 said:
I went to interview on 8-4-09, pass the test , IO told me some documents are missing from their system, they don't need any thing from me and i have to wait for the an another letter for 2nd interview. keep calling them and i got the letter from DO saying i have to wait 9 months . How can i file a 1447(b) ? IO didn't give me any thing not even n-652.

Please advice me .

Thanks alot
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Wait 120 days since the day of your interview and sue them.
 
Vorpal said:
Wait 120 days since the day of your interview and sue them.
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Do you think i can do it on my own ( local lawyer wants $5000 ) ? is there any tutorial for pro se packages for district court or some docs that tell you how to do it ?

Thank you
 
armin78 said:
Do you think i can do it on my own ( local lawyer wants $5000 ) ? is there any tutorial for pro se packages for district court or some docs that tell you how to do it ?

Thank you
Click to expand...

Many people in this thread have done it alone. I don't think a lawyer is strictly needed, and $5000 seems extremely high. Just re-read the thread (I know it's long) and you'll find the necessary links to tutorials and stuff. Good luck.
 
armin78 said:
Do you think i can do it on my own ( local lawyer wants $5000 ) ? is there any tutorial for pro se packages for district court or some docs that tell you how to do it ?

Thank you
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As Mr. Vertigo pointed out, you can definitely do it alone. 1447(b) is much simpler than a straight WOM. You don't need to show that you've exhausted administrative remedies. Just the fact that your case hasn't been adjudicated within 120 days of the interview is enough.
 
Vorpal said:
As Mr. Vertigo pointed out, you can definitely do it alone. 1447(b) is much simpler than a straight WOM. You don't need to show that you've exhausted administrative remedies. Just the fact that your case hasn't been adjudicated within 120 days of the interview is enough.
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Thank you guys, one thing, when i went to my interview they took my NOA for interview and i don't have a copy of it. also the IO didn't give N-652 form. but uscis system shows that i went to interview and pass the test. do i need to get the copy of IL and if yes how? thanks for your help guys.
 
armin78 said:
Thank you guys, one thing, when i went to my interview they took my NOA for interview and i don't have a copy of it. also the IO didn't give N-652 form. but uscis system shows that i went to interview and pass the test. do i need to get the copy of IL and if yes how? thanks for your help guys.
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You don't really need your IL, but you definitely need proof that you attended the interview. Schedule an InfoPass and ask what kind of proof the USCIS can provide. By law, the IO who conducted your interview had to give you a N-652.
 
Vorpal said:
You don't really need your IL, but you definitely need proof that you attended the interview. Schedule an InfoPass and ask what kind of proof the USCIS can provide. By law, the IO who conducted your interview had to give you a N-652.
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you are right. i am going to DO next week. the IO had to give me something. here is the law from their own Adjudicator's Field Manual :

(H) Advising Applicant of Test Results . The Adjudications Officer is required to complete and provide to each applicant Form N-652, Naturalization Interview Results , recording the results of the English and civics tests at the end of each examination, unless the Adjudicator serves the applicant with a denial notice before he or she leaves the office. The Adjudicator should only use the most recent revision of Form N-652 .



now i don't know how to prove that i went to my interview. do you guys think FOIA can help me ?

thanks
 
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armin78 said:
you are right. i am going to DO next week. the IO had to give me something. here is the law from their own Adjudicator's Field Manual :

(H) Advising Applicant of Test Results . The Adjudications Officer is required to complete and provide to each applicant Form N-652, Naturalization Interview Results , recording the results of the English and civics tests at the end of each examination, unless the Adjudicator serves the applicant with a denial notice before he or she leaves the office. The Adjudicator should only use the most recent revision of Form N-652 .



now i don't know how to prove that i went to my interview. do you guys think FOIA can help me ?

thanks
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FOIA will take more than 6 months to process. If the USCIS computers show that you've attended your interview, there's no reason why they shouldn't be able to provide you with proof.
 
Pass interview, case approved, no oath letter

Can someone share your comments on this? I have passed my interview for over one month and told my case was approved on 9/23 and oath date being ordered. However, no result till now.

I tried infopass several times but the officer just told me to wait. Only on 10/9, the officer told me that it seems that I gave IO impression that I will have travel plan thus they didn't schedule me. He asked me to wrote a letter and he will put into my file. I wrote that I delayed my plan to wait for the oath.
However, still nothing happen.

Can someone comments on what I can do can put my case back on normal process?
1. Should I try infopass again and ask for a senior Adjudication officer or any supervisor? Will the front line officer help me on that? Will meeting a senior one works? When should I do that?
2. Should I write to my interview officer? Adjudication officer? Or Dean of the district office?
3. Should I wait till 120 days to react?

I really hope someone can help me out here..
Thanks you guys in advance.
 
Is there any link or site to give me a basic info how to file a complaint (1447b) in district court?

Please advise. Thanks


BTW, I Finlay was told for sure that my FBI name check is pending.
 
Are name check delays still a problem?

I asked this on a list of almost 2000 people after meeting with a legislative aide of Senator in April. They were willing to follow up if there were still problems. I only got a couple of responses, though, so I took this to be solved.

But if there are people out there with this problem, we could do again what did in the fall of 2007, which was to apply constituent pressure in conjunction with active lobbying. We were pushing for accountability in the system so that WOMs would not be necessary, but what we got was $20 million assigned to the problem.

Randall
American Families United [dot] org

P.S. Please contact me directly if you're interested in organizing this, because I don't have the time to check back. I just happened to be here for another reason and was really surprised to see that this old thread was active. I remember reading it back in 2006. My cell phone number is listed on the AFU web site.
 
1447b in Chicago

I am going to file a complaint (1447b). Has anybody done it in Chicago ? I need the names of the defendants so I can put them on my petition.

Thanks

Mr Tea
 
My story.........

I applied for my Citizenship on 10/14/08 (yes 2008!!). I only just did my fingerprints on10/27/09 (yes 2009!). Over a year wait just for fingerprints folks. I'm in the Orlando area, and am hoping that this ordeal will be done quickly!!!

I'm a UK national but folks are of Pakistani origin. I’ve called the USCIS many times and yesterday I was told that the FBI have cleared my fingerprints but the ‘name check’ is what is taking the time. It’s taken over a year already to be exact.

I did write to my local congressman in June 09 and got a reply within a month telling me that "we're in the process of a background check". So I just left it at that. Then about a month ago (Sept 09) I went online and saw that applications from Jan '09 were being processed. So I called the USCIS people and told them that my application date (Oct '08) had passed. That was the only time I actually felt they got onto my case. The sent me another 'notice of action' just telling me that "contact us in another 6 months if you don't hear anything else".

Now I don't know if I should just wait for a little while or go ahead and sue the USCIS. Local lawyers are charging $5000 for the job. I don’t have that kind of money – can I do it myself? Should I attempt it at this point? Will it actually make a difference or will it just mean that I’ll be waiting another year just for the ‘sueing’ process to take its cause. I’m confused and don’t know what to do.
 
I am on the same boat as well.I am searching to see if there is a link or site that help me you file a 1447b complaint. I'll let you know if i find some thing.

BTW : lawyers in my area wants $5000 to just file it . Not even to go to court for it.
 
Is a 1447b for and a 'Pro Se' the same thing? I'm going to the federal court house here in Orlando tomorrow morning (early) to try and see if someone can give me all the paperwork required to do the job. I called them 2 days ago and they said all the paperwork is online, but I can't seem to make head-or-tail of the forms. I figured I'll just take out an hour of my day and go collect all the forms and start writing my statement to send to the court folks. I'll let you know what I get.

Yeah, $5000 seems to be the standard fee around here too. Far too much for me, so will go it alone. Man, I'm in the wrong industry. I should have become a lawyer!
 
BritishGuy said:
Is a 1447b for and a 'Pro Se' the same thing? I'm going to the federal court house here in Orlando tomorrow morning (early) to try and see if someone can give me all the paperwork required to do the job. I called them 2 days ago and they said all the paperwork is online, but I can't seem to make head-or-tail of the forms. I figured I'll just take out an hour of my day and go collect all the forms and start writing my statement to send to the court folks. I'll let you know what I get.

Yeah, $5000 seems to be the standard fee around here too. Far too much for me, so will go it alone. Man, I'm in the wrong industry. I should have become a lawyer!
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Best of lucks , Please let me your experience with the court.
 
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