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

Hi Cafeconleche,
You know how long it takes for US Attorney or AUSA to be assigned to the case. I sent USA a copy of the summons which was received on Feb 05. So far - no attorney has been assigned to my case ? Any information would be useful.
 
Five years ago, I got my GC with WOM. Now I am warming up to file my citizenship WOM/1447(b) on April 2, 2015.

Not sure, why USCIS can not function properly.

Dec 3, 2014: Interview in NYC, can not make decision due to missing A-file
Dec 3, 2014: Received email from USCIS, you will hear a decision from us by Feb 1
Feb 5, 2015: Call to USCIS, no update
Feb 11, 2015: Contacted Senator office
Feb 20, 2015: filled USCIS eRequest, filled CIS Ombudsman Complaint form, Contacted Congressman
April 2, 2015: 120 days deadline for USCIS...
 
I don't remember when I was notified (by the court) that an AUSA was assigned to the case. The US Attorney's Office did NOT tell me anything, and only after I contacted them a week before the deadline did they start working on the case.

The other responses are irrelevant (Tier 2 and congressperson's office). They haven't communicated with you properly so it's not your problem. You've sued, so tough for them.
 
cafeconleche said:
I don't remember when I was notified (by the court) that an AUSA was assigned to the case. The US Attorney's Office did NOT tell me anything, and only after I contacted them a week before the deadline did they start working on the case.

The other responses are irrelevant (Tier 2 and congressperson's office). They haven't communicated with you properly so it's not your problem. You've sued, so tough for them.
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Cafeconleche,

Ok, so yesterday I received a call from USA that CIS has been contacted and they have agreed to adjudicate my application. However in order to proceed, I must agree to dismiss the lawsuit to get CIS to adjudicate. He assured me they will come out with a decision. It seems CIS cannot adjudicate when lawsuit is effective, and USA cannot influence the adjudication (which is reasonable, I guess). USA has given them 30 days to adjudicate, which begins once lawsuit is dismissed. I think that is the only resolution - at least a viable one - lets see where it goes from here. From what I read in the forums, I thought CIS can approve but just not deny the application as some have stated, but that's not how it appears to be. The Lawsuit forfeits CIS jurisdiction to adjudicate period.
 
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No, CIS now does not have any authority. In my case, the AUSA said that CIS said my application was approvable. Did he/she say this?

In the end, it's up to you. You can choose to let the courts deal with it, or you can jointly dismiss and let CIS adjudicate. They CAN deny you if all they tell you is they can adjudicate, but if there are no grounds for denial, they will likely approve.
 
Thanks for your response cafeconleche. The AUSA (not USA as mentioned earlier) told me that he spoke to the CIS Attorney and convinced them that they need to adjudicate the case within 30 days to which they agreed. He did not speak to the Officer concerned from what I was told. There is no assurances of approval or denial - just plain "Adjudication".
The two options presented were 1) Plaintiffs dismissal of lawsuit without prejudice and mutual resolution by order of Court within 30 days for the Stipulation and 2) Courts handle the matter which is time consuming, lengthier and in the end the courts remand the matter to CIS for adjudication within set time limits, which does not guarantee approval. I chose to go with the first option because it was AUSA's recommendation along with stipulation that the court orders the case to be adjudicated within 30 days.

I realize the element of risk for Denial, but at the same time I don't think there is an guarantee that the case will definitely be approved if there were any grounds for denial to begin with. The stipulation says that I can refile if the decision is not made within 30 days. I just hope and pray that it all works out in the end. In any case AUSA assured me that he would be on top of it so lets see what happens.
 
Well, it's the AUSA job to convince you to drop the case since he is representing the defendants. But, I agree that this is unlikely to lead to a definite denial unless the officer is unsavoury. I hope you get it.
 
You ought to post publicly, too. It helps others, and others can weigh in. I will respond here:

It's unfortunate that your application was denied. Can you think of any reasons? Let's see what reason those dicks give you.
 
Don't get me wrong Cafeconleche. I really think the lawsuit worked in getting me a speedy resolution. CIS can give any stupid reasons for which I am eagerly waiting to hear. It could be anything which has nothing to do with the initial examination stated in my complaint. I heard that they get Vindictive, and that was a chance I was willing to take and took rather than waiting for months on end !
 
Hello Cafeconleche, Michael Smith, and everyone,

Thank you so much for spending the time share their story and offered help. I need help to sue USCIS for my super delayed N-400.

I wasn't in a hurry to get citizenship, so I didn't pushed. Now it is almost 1.5 years, I haven't been interviewed.
I filled my N-400 on 11/25/2013
fingerprinted on 1/3/2014
scheduled for an interview on 2/25/2014
The scheduled interview on 2/25/2014 got canceled on 2/7/2014 “due to unforeseen circumstances”.
After that, I haven’t heard anything from USCIS till now (4/14/2015).

I thought I give enough time to get N-400 approval, but I didn't. So I have to spend $450 to renew my green card on 1/26/2015, my 10 year green card expires on 6/2015.

I called the 1-800 number 3 times.
send 4 emails to USCIS local office (Pittsburgh).
made one infopass appointment on 3/12/2015.
But nothing happens, still waiting, maybe for name check?

BTW, I am a female Chinese with very clear immigration history. I work in a research institute (not sensitive field) of US federal government. I went through clearance check for my job.

Right now, I want to file WOM lawsuit, without being interviewed, I should do WOM lawsuit, right?
Since I have been waiting for this long, I always thought, the interview letter might come in any day. I really hesitate to spend too much $$$$ for the law suit. I just need to push them to work on my case. Can I file the lawsuit or even a complaint to US district court by myself? I downloaded the documents you provided.

Are most of you used an attorney?
Thanks again in advance.
 
jarek said:
Hello Cafeconleche, Michael Smith, and everyone,

Thank you so much for spending the time share their story and offered help. I need help to sue USCIS for my super delayed N-400.

I wasn't in a hurry to get citizenship, so I didn't pushed. Now it is almost 1.5 years, I haven't been interviewed.
I filled my N-400 on 11/25/2013
fingerprinted on 1/3/2014
scheduled for an interview on 2/25/2014
The scheduled interview on 2/25/2014 got canceled on 2/7/2014 “due to unforeseen circumstances”.
After that, I haven’t heard anything from USCIS till now (4/14/2015).

I thought I give enough time to get N-400 approval, but I didn't. So I have to spend $450 to renew my green card on 1/26/2015, my 10 year green card expires on 6/2015.

I called the 1-800 number 3 times.
send 4 emails to USCIS local office (Pittsburgh).
made one infopass appointment on 3/12/2015.
But nothing happens, still waiting, maybe for name check?

BTW, I am a female Chinese with very clear immigration history. I work in a research institute (not sensitive field) of US federal government. I went through clearance check for my job.

Right now, I want to file WOM lawsuit, without being interviewed, I should do WOM lawsuit, right?
Since I have been waiting for this long, I always thought, the interview letter might come in any day. I really hesitate to spend too much $$$$ for the law suit. I just need to push them to work on my case. Can I file the lawsuit or even a complaint to US district court by myself? I downloaded the documents you provided.

Are most of you used an attorney?
Thanks again in advance.
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Hi Jarek,
In my case, I did the right thing, at the right time - which I will never regret. Many applicants just sit back and relax even though they have laws by which they could seek relief from Courts. It is for this reason, that USCIS will not move or hurry up to adjudicate applications within the allotted time. Once you show complacency, then USCIS can take their own sweet time (may exceed years even), and often does - making Infopass or any follow up action by Senators or Congresspersons office absolutely meaningless if not useless. There is a good reason, why the application is stalled to begin with, and it could have to do with the incompetence of the officer or some pending investigation, which I found out in my case. In my case, my employer was suspected for fraud 4 years ago but never convicted and still operates Business as usual. Unfortunately this makes everyone having anything to do with him - a suspect. I had to file a N-336 to address the error in the findings, only because I agreed to a stipulation. Did my case work ? YES it did, it got things moving. What would have happened, if I had not taken action ? My case would be sitting in the Investigation Office of DHS forever.

In your case, where an interview has not been conducted, you cannot fille 1447(b) but rather WOM since it has been over 1.5 years. Frankly I wouldn't know much about WOM, but if there is anyone who has done it on their own, then you could borrow a template and state your case. This should at least get things moving. The more the lawsuits, the more efficient the officers at USCIS will be in performance of their duties at the expense of tax payers :)
 
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I485 pending since 04/15/2012, looking for a"Writ of Mandamus" template

I do have a few questions. My I-130 is also pending. So should I include my wife in the WOM since she is the petitioner?
Does anyone know of a similar type mandamus case with pending I-130 and I-485 due to something ohter than name check?
Thanks
 
Hi Michael,

Thank you so much. I totally agree with you. I will not just sit back and wait, already wait for too long. I will try to find an WOM template.

Thanks again.

Jarek
 
Hi everone,
I am planning to submit my N-400 lawsuit tomorrow. Do you know where I can find a sample filled-out summons form and cover sheet? This is for NY.
Thanks for your help in advance.
 
Hi NIW-WOM - what was your N-400 RFE all about ? Other than that, the same reason - Original A-File was not available.

Your Count down actually starts when US Attorneys Office receives the complaint. The USCIS loses jurisdiction over your case on the date you file the case.

Q1 Did you mail out the Summons yet ?
Q2 Did you get an acknowledgement ?
Q3 Do you come under the Eastern District of NY or the Southern ?
Q4 Could you share a copy of the template you used ?

Also, I think you stand a better chance if the RFE was relevant and answered appropriately.
 
Hi Michael
It wasn't a real rfe. The io did not have the original Afile during the interview, and I think "rfe received" meant she located my file after interview. I did not receive any rfe letter from USCIS.

The lawsuit was delivered by my wife in person to district attorney office on 4/23.

Q1: all summons sent on 4/24
Q2: not yet.
Q3: southern
Q4: I used the one from page 897 of this forum.
 
NIW-WOM,

Thank you for your response. We can say that the count down has indeed begun. Also, It looks like we had the same case of missing A-File but RFE was never mentioned or seen anywhere in their system. The request for the A-File in my case was made via their internal system in my case. I called the 1800 number and spoke to a Tier 2 officer and that I was successful in finding out when they actually received and noted the file receipt date on their system. Did you do the same ? Did you try calling the Tier 2 officer ?

Further questions :-
1. Was your GC based on Employment or Marriage ?
2. Did they process the citizenship for your family (wife & kids) ? or just you who got stuck.
 
I had my interview dated April 13, 2015. Passed English and Civics test, but decision can't be made. I applied N-400 based on 3 years rule. Should I make a follow up to my IO anytime soon? And ask him why my file is being delayed? Thank you!
 
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