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

I saw your posts in other threads and just wanted to mention that sending our applications together with my husband in the same envelope didn't do us any good - mine is already scheduled for an interview in less than a month and his is still in the FP stage (not even in line for an interview) and we did our FPs together. GC is also employment-based through my job. My GC was approved nine years ago and his took extra four years in the name check delays etc. In fact the only reason it was approved was because a memo allowing approval without name check completion was in force for a short period of time in 2008-2009, otherwise it might have still been pending... So we didn't expect a quick approval for him this time around and unfortunately it doesn't seem like his case has moved at all since the initial stage of FP collection. So nothing's changed.....
 
Update my timeline:
07/28/2012" applying
08/142012: fingerprint
10/10/2012: interview, decision is not made
02/25/2013: lawsuit under 8 USC 1447b
02/28/2013: second interview, informed that they lost the jurisdiction, so I have to wait for their lawyer
03/10/2013: nothing from USCIS, I contacted US atty by fax, 5 minute later, someone contacted me through email, said that they would send me a stipulation, I agreed to sign it. Note that not every US atty working on civil case, first time I sent my case to the local US atty in person, the clerk still accepted it. But later I found out that the right US atty is in L.A. The lesson I withdraw from this incident is that we have to do all the things we can,don't afraid to ask and call, waiting is just the waste of time.
04/02/2013: letter of ceremony
04/16/2013: ceremony
USCIS nightmare is finished.

congrats!

My case also delayed. They send something to overseas US embassy for some unknown check.

I think i have to spend $$$$ to sue them, so i can get my PP.
 
N-400 approved!!

Hi Guys,
I just want to thank you to all members on the forum. I appreciate all help and effort from people who spend their own time and share their stories.
HUGE THANKS!!!!!!!!!!!!!

Now, let's begin my story.
My adventure with USCIS begin February 28 2008 when i received my temporary green card base on the marriage with US citizen. After one year my marriage was falling apart but we still live together. After two years i applied joint petition I751 to remove condition on my green card. Then, i got extension letter for one year. During this extension i got notice for interview with my spouse. My spouse did not want to go with me during marriage problem that we facing together. Therefore, my I-751 was declined and i was told I have 30 days to apply by myself with waiver.
However, to apply for I751 with waiver you have to submit your divorce paper. Lucky for my I was in the process of divorce already so I was able get my final divorce by end of this 30 days. In 2011 I applied by myself to remove condition on I751. Then big waiting occur. After 8 moths I was trying to get some answers on my case. Therefore I did 8 service request with different level officer, 3 fallow up email, few info pas etc. Every time i was getting answer that my case is pending. I lost hope and I was ready to go back home. Then i found that from your forum that i can apply for N-400 even if I have I751 pending. Before my end of 5 years of residency I applied for citizenship. My fingerprints was taken after one month in december 2012. Then, i received invitation for interview, April 2013. I pas my english test, but officer told me that my N400 can not be approved during I751 pending. However he did not see any problem with I751 and I should have another interview for my I751 soon and then oath ceremony.
I though good everything finally will be over. This was bad hope. I waited 3 moths and nothing. Then called customer USCIS and got general answer as wait, pending etc. This was second time i got lost hope to resolve my case. However i still could not give up. I started read your forum and preparing my lawsuit based on 120 days rule.
After 122 days i filed my complaint to District Court. After 5 days I received summons from district court and in the same days i send them to all my defendant as: District director, Director of USCIS, secretary of DHS and authority general counsel. So 60 days clock start ticking. After 3 days i received phone call from local officer USCIS regarding my I751. He asked me if I can come for interview tomorrow. I did not believe what I hear. Officer called me directly and asking me if I can come. Then next day i show up for my I751 interview about 10 AM. There was a lot of people waiting from morning to be interview. I did not have wait long after 5 minutes officer called my name and start interview. He was very polite, and from the start he mention that they want to finish everything in one day, my I751, and N400 and oath ceremony. And I got approved everything in one day!!!!!!

End of my Journey with USCIS!!!!!!

Thanks Guys.



Kruk
 
Hi Guys,
I just want to thank you to all members on the forum. I appreciate all help and effort from people who spend their own time and share their stories.
HUGE THANKS!!!!!!!!!!!!!

Now, let's begin my story.
My adventure with USCIS begin February 28 2008 when i received my temporary green card base on the marriage with US citizen. After one year my marriage was falling apart but we still live together. After two years i applied joint petition I751 to remove condition on my green card. Then, i got extension letter for one year. During this extension i got notice for interview with my spouse. My spouse did not want to go with me during marriage problem that we facing together. Therefore, my I-751 was declined and i was told I have 30 days to apply by myself with waiver.
However, to apply for I751 with waiver you have to submit your divorce paper. Lucky for my I was in the process of divorce already so I was able get my final divorce by end of this 30 days. In 2011 I applied by myself to remove condition on I751. Then big waiting occur. After 8 moths I was trying to get some answers on my case. Therefore I did 8 service request with different level officer, 3 fallow up email, few info pas etc. Every time i was getting answer that my case is pending. I lost hope and I was ready to go back home. Then i found that from your forum that i can apply for N-400 even if I have I751 pending. Before my end of 5 years of residency I applied for citizenship. My fingerprints was taken after one month in december 2012. Then, i received invitation for interview, April 2013. I pas my english test, but officer told me that my N400 can not be approved during I751 pending. However he did not see any problem with I751 and I should have another interview for my I751 soon and then oath ceremony.
I though good everything finally will be over. This was bad hope. I waited 3 moths and nothing. Then called customer USCIS and got general answer as wait, pending etc. This was second time i got lost hope to resolve my case. However i still could not give up. I started read your forum and preparing my lawsuit based on 120 days rule.
After 122 days i filed my complaint to District Court. After 5 days I received summons from district court and in the same days i send them to all my defendant as: District director, Director of USCIS, secretary of DHS and authority general counsel. So 60 days clock start ticking. After 3 days i received phone call from local officer USCIS regarding my I751. He asked me if I can come for interview tomorrow. I did not believe what I hear. Officer called me directly and asking me if I can come. Then next day i show up for my I751 interview about 10 AM. There was a lot of people waiting from morning to be interview. I did not have wait long after 5 minutes officer called my name and start interview. He was very polite, and from the start he mention that they want to finish everything in one day, my I751, and N400 and oath ceremony. And I got approved everything in one day!!!!!!

End of my Journey with USCIS!!!!!!

Thanks Guys.



Kruk


congratulation!

USCIS is a nightmare for many people. Why can't they just do their job smoothly!
 
Congratulations on becoming US citizen and wish you all the best in your life. Yes sometimes the best course of action is not to wait any longer in similar circumstances. Glad that it worked out for you.
 
http://www.cand.uscourts.gov/ecf/caseopening
United States District Court
Northern District of California
E-Filing A New Civil Case

Effective August 19, 2013, ECF users have the option of opening civil cases in ECF. The process includes opening a new civil case, e-filing civil case initiating documents and paying the filing fee, all in a single CM/ECF transaction; the new process includes electronic issuance of summons via CM/ECF. Electronic filing of new civil cases is currently optional. E-filing of new civil cases becomes mandatory in February 2014.
 
Need Help, Field N-400 in 07/29/2013

Hello Guys
First want to Thank you all for your participation
Im ready to file the lawsuit on 120 days rule
Looking for the Easiest Civil case format to use
Thanks in advance

120 is on March 07 2014
Already Contacted Senator , Congressman and even CIS Ombudsman office ,
Multiple called to Tier 2 officers are ends same way Your case Pending Supervisors Approval
Even do i contacted USCIS on 01/10/2014 with service request
reply was
Your case was recommended for approval and waiting for next availible Oath ceremony
 
Last edited by a moderator:
Any updates ?

Hello Guys
First want to Thank you all for your participation
Im ready to file the lawsuit on 120 days rule
Looking for the Easiest Civil case format to use
Thanks in advance

120 is on March 07 2014
Already Contacted Senator , Congressman and even CIS Ombudsman office ,
Multiple called to Tier 2 officers are ends same way Your case Pending Supervisors Approval
Even do i contacted USCIS on 01/10/2014 with service request
reply was
Your case was recommended for approval and waiting for next availible Oath ceremony
Anybody ?
 
If I were you, I would just go ahead and sue them. From the tens of cases I read, CIS don't even pay attention to the notice of intent to sue. And don't worry, no adverse action can be taken since # 1 they will lose Jurisdiction over your case.

Good luck
Publius hands don thank you for all your work , im filing 1447(b) on March 7
 
Hello everyone,

I got my N-400 interview done in Baltimore at the end of January. It's been a little over 120 days and I am thinking of requesting a hearing based on INA 336 (b). I have a couple of questions:

1. I have done a couple of congressional inquiries and going for an InfoPass this week. Should I do any other things before proceeding further?
2. Should I give USCIS a notice of XX days before proceeding to court? IF so, what's an appropriate / customary number of days? 2 weeks, 30 days, 60 days? Or up to us?

Thanks.
 
After waiting for 134 days, I filed my pro se 1447 lawsuit yesterday. I included Director (USCIS), Deputy Director (USCIS), USCIS District Director, USCIS District Field Director, USCIS Chief Counsel, Attorney General of US, US Attorney of the district and FBI director as defendants in the lawsuit.

The court filing fees are $400 and I mailed summons by first class certified mail with US postal mail green receipt card. Mailing cost is around $8 for each summons. So, it came to 8*8 = $64 for all 8 summons.

If anyone needs help, I will be glad to help them and give the lawsuit document
 
You named the US attorney as a defendant? But, he/she's not responsible for anything regarding your case. The US attorney will be assigned this case and will defend the defendants.
 
Hello cafeconleche,

I agree with you that US Attorney will defend the lawsuit and may not be included as defendant. However, I included everyone in the list of defendants. The goal is to force USCIS to make a decision soon (hopefully favorable). Please see the attached document and tell me if I need to change something and file amended complaint.

Thanks
goodguy



The word document for lawsuit is attached in a zip file (use 7zip) here. The password for the zip file is password. The forum is not allowing to upload word doc. The pdf file is also uploaded.

(1) Please search for keywords FirstName, MiddleName, LastName, YourCompleteAddress, (999) 999-9999, USCIS A#, Your Naturalization Application Number such as NBC*00999999, YourStateSenatorName and change them accordingly

(2) Change the information in address block at the end of complaint

s/ FirstName LastName
FirstName LastName, Petitioner, Pro Se
YourAddress First Line
YourAddress Second Line
Phone: (999) 999-9999
Email – Your Email address

(3) On first page, change the names of defendants for District Director and Field Director and US Attorney and others as relevant for your location and state

(4) Change dates as relevant in your case.


Mail the summons by USPS. Make it certified and green receipt card (very important). Here are the addresses for mailing


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

To:The Honorable Jeh Johnson
Secretary of Homeland Security
Washington, D.C. 20528

To: JAMES COMEY,
Director of Federal Bureau of Investigation;

To:
Leon Rodriguez
Director, US Citizenship and Immigration Services
111 Massachusetts Ave NW 2260
Washington, DC 20529-2098

To:
Lori Scialabba
Deputy Director, US Citizenship and Immigration Services
111 Massachusetts Ave NW 2260
Washington, DC 20529-2098

To:
Ur Mendoza Jaddou
Chief Counsel, US Citizenship and Immigration Services
111 Massachusetts Ave NW 2260
Washington, DC 20529-2098

To :Chicago USCIS District director FName LName
(Find from USCIS website)

To :Chicago USCIS Field Office Director FName LName
(Find from USCIS website)
 

Attachments

  • 1447 Lawsuit.zip
    35.9 KB · Views: 57
  • 1447 Lawsuit.pdf
    45.6 KB · Views: 54
Update on my pro se lawsuit filed on Dec 9, 2014

(1) AUSA files his appearance on Dec 16, 2014
(2) I find email and phone number of AUSA from Pacer and contact him same day on Dec 16, 2014
(3) USCIS Officer calls me on Dec 22, 2014 and asks minor clarification.
(4) On Dec 24, 2014, USCIS Ombudsman sends an email that USCIS has approved my case on Dec 22, 2014 and they are closing my complaint.
(5) USCIS website still shows the 6 month old status

This 1447 lawsuit works like magic - USCIS approved the pending naturalization case within 14 days after filing lawsuit.
 
Update on my pro se lawsuit filed on Dec 9, 2014

(1) AUSA files his appearance on Dec 16, 2014
(2) I find email and phone number of AUSA from Pacer and contact him same day on Dec 16, 2014
(3) USCIS Officer calls me on Dec 22, 2014 and asks minor clarification.
(4) On Dec 24, 2014, USCIS Ombudsman sends an email that USCIS has approved my case on Dec 22, 2014 and they are closing my complaint.
(5) USCIS website still shows the 6 month old status

This 1447 lawsuit works like magic - USCIS approved the pending naturalization case within 14 days after filing lawsuit.
Congrats!
Thanks for your update!
 
Congrats and thanks for the document and update Goodguy1200. I have decided to go the same route, however at the time of interview - I was told that "My original file was not received, and they were working off a duplicate, and as soon as the original file was received, they would review and would send me the approval/oath letter". I have two questions for you goodguy1200 :-

1. Can I state the reason above "missing original file" or leave it out. There was no additional requests for evidence in my case.
2. There are nine defendants in your lawsuit, but you mailed out summons to eight ? Do we have to mail out summons to all nine ?

Looking forward to your response. BTW, my 120 days will be up on the 15th of this month. Several calls and service requests still show that case is pending up until today. LMK, Thanks.
 
Update on my pro se lawsuit filed on Dec 9, 2014

(1) AUSA files his appearance on Dec 16, 2014
(2) I find email and phone number of AUSA from Pacer and contact him same day on Dec 16, 2014
(3) USCIS Officer calls me on Dec 22, 2014 and asks minor clarification.
(4) On Dec 24, 2014, USCIS Ombudsman sends an email that USCIS has approved my case on Dec 22, 2014 and they are closing my complaint.
(5) USCIS website still shows the 6 month old status

This 1447 lawsuit works like magic - USCIS approved the pending naturalization case within 14 days after filing lawsuit.


CONGRATS !! I will need your help.
 
You named the US attorney as a defendant? But, he/she's not responsible for anything regarding your case. The US attorney will be assigned this case and will defend the defendants.

Can you share your template and all the defendants to whom we can mail out the summons to ? Really appreciate it ! Thanks
 
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