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

Cafe,
I have been watching your posts for a while.I hope everything works good for you, because I will be next to file . The big day (18 February) is getting closer, and I hope you will get a straight, positive answer. Please, don`t stop posting. I am checking this forum every day, just so I see some news from you.
Kind Regards,
Shehe
 
Hey guys, came back to NY a couple of weeks ago, and don't have internet yet so I haven't been posting. I haven't heard from anyone about the lawsuit. I will call this week. But, I'm not sure what to say exactly. Kinda nervous.
 
I just spoke to the AUSA, Ronald Kish. He was nice, but hadn't had a chance to look at the case yet. He will now, and get back to me.
 
Filed mid December. Response is due February 18. Is it odd that the attorney hasn't gone over the case until now?
 
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cafeconleche said:
Filed mid December. Response is due February 18. Is it odd that the attorney hasn't gone over the case until now?
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I've seen reports of the AUSA replying in the last couple of days before the deadline. In your case, they still have 10 days. As is common in 1447(b) cases, expect the AUSA to ask for a 30 or 60 day extension.
 
The AUSA called today. Again, he was very nice and asked if I wanted to settle this administratively instead of going to court, to which I answered DEFINITELY. He said the only issue now was that they had to verify that I am a New York resident, and that they want me to take some documents to them in about 2 weeks. I said the deadline was next Friday, to which he asked for a 45 day extension. I told him I was wary of agreeing to one because I don't want to give CIS more time to put things off, and he said he understood, but said I shouldn't dismiss the case yet and do the extension. I said I'd give them 30 days past the deadline. So, he said I should get something in the post in a week or so asking for those documents. He said that my name was written differently in some places, which is ludicrous. Anyway, that's where it stands. Once they determine that this office does have jurisdiction over my case, then he said that if they indicate they will approve, we can jointly move to dismiss with the stipulation that the application is approved and I am naturalised during the very next oath ceremony.

I remember someone here saying that I should NOT agree to a second interview, which this seems to be, since I have to go in with additional documents. I also forgot to ask if I could go to Federal Plaza instead of Garden City, because I don't want to take time off work because of CIS's failures. Will they let me do that? Can I also ask the attorney to mention that I would like CIS to refund my court filing fee?

Thanks guys. Any advice on how to negotiate a better hand at this time would be great. I don't want to be pushed around after all this. By the way, I mentioned that I did not want to have to provide any additional evidence since CIS had the chance to ask for all of it, and he said that they just overlooked my application (even after 2 senators checked into it, and a service request was filed). Punks.
 
I don't have anything to add other than I check this website almost daily looking for updates from you. I promised I wouldn't leave until I could post "congratulations cafeconleche" and I am sticking to my promise.

It sounds like the lawsuit was the right way to go, I doubt that USCIS would have bothered with your case any time soon. It probably sat on someone's desk until he felt like doing necessary research. This is the kick in the butt they unfortunately needed to tie all loose ends.

Good luck and please keep us all updated.
 
Thanks for the loyalty, cfiler! Good to see you. Yeah, I will post on the March 2010 thread when it's over too. Damn, it will be more than a year. What a shame.
 
The AUSA called me today and she was asking if I would agree to give them an additional 45days and if I would agree to another interview.I told her that this idiots have had all this time to call me for an additional interview and they wait the last day to call me and ask me?Weird thing is the person handling my case is a lawyer with the department of Justice and she is not even from my local US attorney office.She is based in Washington DC.And she was calling to ask me that because the USCIS lawyers asked her to ask me since she is handling my case.I told her to call them back and tell them that I would consider the extension if I did not have to go for an additional interview.She said that it is unlikely that I will avoid the interview but she will call them and ask them then she will call me back in an hour.I also asked her to ask them incase i really have to go the interview,if i would get another interviewer.She will call me back.Any advice?
 
cafeconleche said:
Thanks for the loyalty, cfiler! Good to see you. Yeah, I will post on the March 2010 thread when it's over too. Damn, it will be more than a year. What a shame.
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hey cafeconleche
i found you buddy//i was wondering about you and here you are in the citizenship forum..man i'm sorry about all this nonsense delay..i'm sure you are ready to get your citizenship and i will congratulate you..hope your mother is doing fine...i'm ready to send my aplication next week...don't get lose from the other forum..your advices are great and is a good support for us aplicants for this year 2011
be strong/./.i'm sure you are ready to get good news...i'm wondering why you? that's surreal all this delay in your case :mad:
stay in touch :D
Osogio
 
MR CALI said:
The AUSA called me today and she was asking if I would agree to give them an additional 45days and if I would agree to another interview.I told her that this idiots have had all this time to call me for an additional interview and they wait the last day to call me and ask me?Weird thing is the person handling my case is a lawyer with the department of Justice and she is not even from my local US attorney office.She is based in Washington DC.And she was calling to ask me that because the USCIS lawyers asked her to ask me since she is handling my case.I told her to call them back and tell them that I would consider the extension if I did not have to go for an additional interview.She said that it is unlikely that I will avoid the interview but she will call them and ask them then she will call me back in an hour.I also asked her to ask them incase i really have to go the interview,if i would get another interviewer.She will call me back.Any advice?
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You do NOT have to agree to another interview. The USCIS has already conducted an interview and is required by law to decide your case based on its outcome. This is just another delay tactic.
 
So, I got the letter from CIS in the post. It seems that it's a request for additional documents, but it feels like a second interview. It says to ask for ISO CINOTTI on one sheet, and the reason is given as COMPLETE N400 INTERVIEW: BRING PASSPORTS AND GREEN CARD. There's another form asking for these things:

-Tax returns from 09 if parents were still providing financial support
-W2s from 2009 and 2010
-Proof that I have resided in NY since June 2010 with stuff like bank statements, utility bills, lease agreements, etc.
-Driver's licence

When I spoke to the AUSA, he said they needed proof I was a NY resident. I guess I understand the things they are asking for for that, but since June 2010? I arrived in December 2009, applied in March 2010, was interviewed in August 2010, and I have waited since then. I did go to CA for about 4 months from September to December 2010 because I didn't have a job, but I only went to see my family and be with my mother as she had just lost her father. I also filed the lawsuit from there, but I did include my main address in NY and said I was TEMPORARILY in CA until further notice. a few weeks ago I submitted a change of address since I moved to another place in NY. Could this be why they are suspicious? A reason to ask for more time due to jurisdictional issues?

As for my parents' tax returns, I claimed before that as student abroad, I was their dependent the whole time, all the way until 2009. I sent all those tax returns except for 09 since my mom had not filed yet. So, that could be why they are asking for that, but that was not one of the issues the AUSA mentioned needed to be cleared up.

So, my question now is, have I shot myself in the foot by agreeing to go in with these documents? I feel like I want to call the AUSA tomorrow and say that I feel that CIS is probing to find a reason either to stall or deny my application, and that I do not have to agree to a second interview. He mentioned it wasn't really an interview, but that I would have to go in person. Can't I fax or post things to them? I feel like they're pushing me around again.

So, would it look bad if I said I don't feel good about this, and that, again, they had time to get ALL this information before and didn't for 4 months despite my repeated calls, requests for senator intervention, a service request, etc. AND, they did not get in touch after I filed the lawsuit in December, and only responded when I took the first step. Can they say that they offered to clear things up but I then went back on my word, or will the judge see that I had every right to change my mind. I did mention to the AUSA that if I didn't like the tone and demands of the CIS letter, that I would call back and talk to him.

I also want to ask for court filing fees and incidental costs (photocopying, postage, going AGAIN to Garden City, etc.)

Please let me know where I stand now. I hate these godforsaken bureaucrats.
 
@cafeconleche:

It appears that the USCIS let your case file collect dust on someone's desk, and decided to dig it up only after you filed the lawsuit. It seems to me that they are digging for reasons to either stall your case or have the AUSA file a motion to dismiss, by claiming that you moved to California and must reestablish residence in NYS.

Based on what little knowledge I have of the 1447(b) lawsuit process, once the defendants have been served and an AUSA has been assigned to your case, the court assumes jurisdiction over it. From a legal standpoint, you may decline USCIS's request for additional information and demand that your case is decided on the basis of your initial interview, especially since they had ample time to request this information and no longer have jurisdiction over your case.

As I've stated, I am not an expert on this topic. Those who are more familiar with it are more than welcome to chime in and/or correct what I've posted.
 
@Vorpal and others:

This is a very important question. I was approved after interview on October 19th, 2010. However, due to last-name being initialed in my birth-certificate (India), they considered it to be name-change and put me on Judicial Oath ceremony in Atlanta. It is now 118 days and I still have no sign of getting an Oath ceremony.

Question: Is 1447(b) applicable for oath-ceremony related delays? Or is it strictly applicable only for those cases that are stuck with DECISION NOT BEEN MADE?
 
After the AUSA Called me on the last day of the 60 days,she asked me if I would agree to another interview and an extension of 45days.She was on her way to file a motion in court to ask for 45days.If I refused,she would still have gotten the 45days from the judge and request for an additional interview.That would mean that she would file for the motion,then i would have 20 days to respond and she would have like 20 days to respond to my motion.Thats a total of 40 days just going back and forth and then if granted,her 45days would start,that means 85days.Inshort,I decided to agree to file a joint motion for an additional 45days(including been sworn in if i get approved) for them to finish my case.The catch here is this additional interview that they are requesting,I hope this idiots do not victimize me for filing a lawsuit.However,I told the AUSA that I would like a different interviewer cause the last person who interviewed me was a really really an a******.However,my case is still in court until I finish with this pple.I hope I did not mess up by agreeing to another interview(which they would have gotten from the judge)if i refused.any comment?
 
poongunranar said:
@Vorpal and others:

This is a very important question. I was approved after interview on October 19th, 2010. However, due to last-name being initialed in my birth-certificate (India), they considered it to be name-change and put me on Judicial Oath ceremony in Atlanta. It is now 118 days and I still have no sign of getting an Oath ceremony.

Question: Is 1447(b) applicable for oath-ceremony related delays? Or is it strictly applicable only for those cases that are stuck with DECISION NOT BEEN MADE?
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Unfortunately, since your case has been adjudicated (approved), 1447(b) is not applicable. I've heard of lengthy judicial oath delays in Atlanta, so the only thing you can really do is sit tight and keep checking with USCIS as to the status of your oath. From what I understand, many municipalities schedule judicial oaths once they have enough candidates that require a name change. The proces is somewhat similar to the presorted first class mail service. Correspondence sent through this service is usually placed in a storage room. Once the room is full, the correspondence is distributed to mail carriers for delivery. It could take a week, or it could take a month.
 
MR CALI said:
After the AUSA Called me on the last day of the 60 days,she asked me if I would agree to another interview and an extension of 45days.She was on her way to file a motion in court to ask for 45days.If I refused,she would still have gotten the 45days from the judge and request for an additional interview.That would mean that she would file for the motion,then i would have 20 days to respond and she would have like 20 days to respond to my motion.Thats a total of 40 days just going back and forth and then if granted,her 45days would start,that means 85days.Inshort,I decided to agree to file a joint motion for an additional 45days(including been sworn in if i get approved) for them to finish my case.The catch here is this additional interview that they are requesting,I hope this idiots do not victimize me for filing a lawsuit.However,I told the AUSA that I would like a different interviewer cause the last person who interviewed me was a really really an a******.However,my case is still in court until I finish with this pple.I hope I did not mess up by agreeing to another interview(which they would have gotten from the judge)if i refused.any comment?
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This is another perfect example of USCIS/AUSA bullying pro se filers. You are well within your rights to decline the second interview and demand that your case is decided based on the outcome of your initial interview, and the judge would side with you.
 
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