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

DO/JD said:
The N-400 application was denied 3 times before approval via lawsuit.
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does this mean that you applied and reapplied 4 times in total each time paying n400 filing fee, and then after last interview 120 days passed without them informing you of any decision on your case and then lucky you have sued them? please, correct me if i'm wrong

had you ever appeal those denials before re-applying?

thanks.
 
BritishGuy said:
That just means that I sent them a letter basically threatening them with the Per Se court case if they don't hurry up. So it's a 'Nasty' letter or otherwise known as a 'Nastygram'. It's a slang term - nothing official. I was advised by a lawyer to send them this prior to taking them to court just to see if they hurry up a little. If they don't then just take them to court. I don't know if it'll do the trick, but we'll wait and see.
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Thanks, is there any way you can send me the blank template of that letter.

Thank you
 
You're right. I'm one of the people who is stuck in a name check. I think the organization is a good thing, but how is it actually going to speed up my name check? I don't mean to sound patronizing or anything like that, but am wondering how it will help me.
 
wozgoinon said:
does this mean that you applied and reapplied 4 times in total each time paying n400 filing fee, and then after last interview 120 days passed without them informing you of any decision on your case and then lucky you have sued them? please, correct me if i'm wrong

had you ever appeal those denials before re-applying?

thanks.
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2 or 3 times. The exact number skips me right now. Appeals were never pursued for various reasons, ranging between finances and against legal advice.
 
Guys I have few questions that I need to clarify with regard to whom to serve. I understand that there are five defendants.

(a) Eric Holder United States Attorney General
(b) Janet Napolitano, Secretary of the Department of Homeland Security;
(c)Alejandro Mayorkas, Director U.S. Citizenship and Immigration Services;
(d) Robert S. Mueller, III, Director of the Federal Bureau of Investigation
(e) District Director, U.S. Citizenship and Immigration Services

These are the people whom you serve. Each gets a copy of the complaint and a summons. Am I right ?

You also have to send a copy of the complaint to your state attorney. Correct ? But since the state attorney is not a defendant, he or she will not get a summons ! correct ?

What else do you sent to the state attorney besides a copy of the complaint ? As I understand the role of the state attorney is of the lawyer for the defendants, so he or she represents them. Basically, he or she is the person whom you have to settle the case with. Am I correct ?

Thanks a bunch Guys
 
MrTea said:
Guys I have few questions that I need to clarify with regard to whom to serve. I understand that there are five defendants.

(a) Eric Holder United States Attorney General
(b) Janet Napolitano, Secretary of the Department of Homeland Security;
(c)Alejandro Mayorkas, Director U.S. Citizenship and Immigration Services;
(d) Robert S. Mueller, III, Director of the Federal Bureau of Investigation
(e) District Director, U.S. Citizenship and Immigration Services

These are the people whom you serve. Each gets a copy of the complaint and a summons. Am I right ?
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Yes

You also have to send a copy of the complaint to your state attorney. Correct ? But since the state attorney is not a defendant, he or she will not get a summons ! correct ?
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Ask for a summon anyway. Some courts will issue summons for district USA.
Send copies of all summons+a copy complaint to district AUSA.

What else do you sent to the state attorney besides a copy of the complaint ? As I understand the role of the state attorney is of the lawyer for the defendants, so he or she represents them. Basically, he or she is the person whom you have to settle the case with. Am I correct ?

Thanks a bunch Guys
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You have a good grasp on the concept. But it's not the state AG, it's district US attorney. You are going to the federal court.
 
Thanks guys for all of your inputs. I went and saw the lawyer and he had the WOM filed and a copy of the complaint for my records. Now I can login on pacer and follow my case live.
I can't thank everybody enough for their time. I will keep everyone posted on how things are evolving.
 
Thanks Lazycis ! Right ! It is the District Attorney.

Are the following mailing addresses correct ?

Secretary Janet Napolitano
Office of General Counsel
Department of Homeland Security
Washington, DC 20528

Eric Holder, Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Alejandro Mayorkas, Director of USCIS
Department of Homeland Security
U.S. Citizenship and Immigration Services
Washington, DC 90258

Robert S. Mueller, III, Director of FBI
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pensylvania Ave., NW
Washington, DC 20535-0001


For the Director of USCIS I also have (I believe it was that of the former Director, Emilio Gonzalez).

Alejandro Mayorkas, Director of USCIS
425 Street NW
Washington, DC 20536

Which is the correct one ?


Thanks
 
Alejandro Mayorkas in his Official Capacity as the USCIS Director
Office of the General Counsel
U.S. Department of Homeland Security
Washington, DC 20528
 
Is this the mailing address ?


Alejandro Mayorkas in his Official Capacity as the USCIS Director
Office of the General Counsel
U.S. Department of Homeland Security
Washington, DC 20528
 
I just found out that the judge assigned to my case is Stephen Limbaugh Jr, cousin of Rush Limbaugh. Am I doomed or what?
 
Miss you guys!! Just want to say Happy Holidays!

and always appreciate the help and support I received and the motivation it provided us ...

lots of hugs
 
USCIS misplaced my file....No Oath Yet

Both me and my husband applied for US citizenship at the same time, got both of our's file number, fringerprints and date of interviews at the same time. Just before the inteview, they said they could not locate my file and may need to re-schedule my interview.

But they agreed to take my interview based on a copy of N-400 which i had with me and cleared by interview. After 40 days of my interview, I again enquired about my oath letter at the time of my husband' oath date, they still didn't received my file. I called the 800 number, they said call back after 90 days. It's now 60 days and I am still waiting for my oath letter.

Could someone please let me know what are my options here..... Thanks
 
Finally after several years of waiting I filled my complaint [ under 8.U.S.C1447(b) ] 3 weeks ago. I sent all the summonses. Sent them registered mail. So far I received three out of those 6 green forms . These cards are your proof that the dendeants got them. I need to file "the return of service " with the court (here in Illinois the court does not accept post office online track and confirmation). So I have to wait for three more to arrive.
The interesting thing is today all of the sudden I received a mail from the USCIS asking me to go for an interview to update my N-400 application!!! Apparently they received their summons !

Here are my questions:

(1) Should I go to this interview, ignore it , or postpone it ?

(2) Is my filing with the court complete ? Filing means from the time you start the process or when you finish it ? Because I know once you file with the court USCIS no longer has jurisdiction over the case but the court does. I want to know from the legal point of view whether my complaint is filed (I paid the fee, got stamped with the names of two judges on my complaint) even thought I have not finished the “Return of Service” on my summons with the court yet.

(3) Should I go for the update interview and continue with my lawsuit ?

(4) Anyone here had the same experience ?

Lazycis what do you think ? Thanks
,
 
MrTea,

Could you please guide me how did you pursue in filing your case? How much it cost if you are filing without Attorney?

I wish you a good luck for a rapid and happy conclusion of this case. If I were you, I would also go for your interview but I am not sure how it will affect your case.

Take care
 
Jalma,
I filed on my own. It will cost you about 400 dollars all together. You can higher a lawyer if you wish. Visit the first page of this forum( click on "First") . It will give you all the help you need. Step by step .
 
go for the interview other wise uscis will have an claim of not attending the interview as per my lawyer dont give any chance to uscis from your side
 
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