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

bashar82 said:
After taking my prints I call the first officer and asked her what to expect next. She tells me that she should have the results by Wednesday and that she would schedule me for an oath ceremony immediately following receipt of my fingerprint results! So hopefully, I’ll be naturalized by next Friday!
Click to expand...

Dude, You did it! Congrats!

All this just makes me wonder why in the world they play tough for a while, waste their time and everybody else's time just to do what they should have done from the start. They really have nothing better to do?

K

P.S. When they started throwing Danilov's case at you, did you file anything with your case? I'm thinking about filing the field manual, the testemony of the guy who is in charge of name checks and says that they do expidite them when USCIS asks and the DOJ memo that says that that DOJ itself aknowledges that they are screwed when everything goes to court.
 
When they mentioned Danilov, I told the AUSA that it had been ridiculed in 4-5 cases in other jurisdictions. When they waived Kia in front of me, I told them that I would fight to reverse that decision as the basis for that decision had already been reversed.
Then they wanted me to file a appeal on the denial. I said no but that I would be willing to attend a 2nd interview as allowed by law/regulations to clarify any outstanding issues. AUSA responded by saying that USCIS agrees but that I would have to dismiss my case and I said that I would be willing to file a motion to extend their deadline to respond or that I'd let the appeals court handle the matter in several months time.
US Attorney's Office and USCIS is aware that Danilov is not a strong defense and that the Kia decision will be easily overturned once someone's case heads for appeal in the 4th circuit. They act tough first, but then when they realize that you won't back down, they work out an arrangement because they don't want to waste resources.
 
bashar82 said:
When they mentioned Danilov, I told the AUSA that it had been ridiculed in 4-5 cases in other jurisdictions. When they waived Kia in front of me, I told them that I would fight to reverse that decision as the basis for that decision had already been reversed.
Then they wanted me to file a appeal on the denial. I said no but that I would be willing to attend a 2nd interview as allowed by law/regulations to clarify any outstanding issues. AUSA responded by saying that USCIS agrees but that I would have to dismiss my case and I said that I would be willing to file a motion to extend their deadline to respond or that I'd let the appeals court handle the matter in several months time.
US Attorney's Office and USCIS is aware that Danilov is not a strong defense and that the Kia decision will be easily overturned once someone's case heads for appeal in the 4th circuit. They act tough first, but then when they realize that you won't back down, they work out an arrangement because they don't want to waste resources.
Click to expand...

Well, at least your AUSA talked intellingently about the case (even though their defense was weak). I posted a couple of days ago my conversation with AUSA in my district. The whole time I felt like I was talking to somebody who read some official info on name checks and that's about it. Maybe it's her strategy to fool you into thinking that you are talking to somebody who doesn't know what she's talking about, I don't know. Her only defense was "well, security checks are more than just a name check" (even though my interview outcome letter says that the name check is pending) and "well, until the security checks are cleared, we can't do too much about it". Oh, and the best one was "well, USCIS can deny your petition because the security checks didn't come in on time". WTF? I never expect to hear that kind of nonesense from them. She either was trying to appear to be a moron or thought I was one. With that kind of stuff, she'll be laugh out of the courtroom once I present my case.
 
all their claims, including the danilov case will never stand in the face of all the pther cases, and the rports of their own bosses, the de[artment of justice, they all have said that the uscis are wrong, actually am thinking of bringing one of the us attorney to fight the Uscis us attorney, sinne teh departhment of justice have beilived that the uscis are not dpoing what they suppose to do, they should send someone to the court to testify with just that, i will ask for that, even know their report is just as good as some one testifying , but i want to sho that the governement have found that the uscis are doing someothing against their own rule, and then i dont expect the court to buy anything argument they make after that.
secondly talking about expediting the name check, we are passed that we arent asking for any axpedition, we are asking for an end to the long and excessive, unjustified , and uillgal delays
anyways good luck for you bashar, and for all of us
 
Congratulations, Bashar, it appears that everyone here is becoming citizens left and right, and I am still waiting with no news on my lawsuit.


bashar82 said:
On Monday, April 17th, I walked into the post office to check my mailbox and I had received my acceptance letter for law school! Then I get back into my car and my cell phone beeps with a message. I listen to it, and it’s from the USCIS Washington DO. I knew it was my dad! I immediately return the call, but it goes to the officer’s mailbox and I leave a message. I hope to hear something from USCIS on Tuesday, but I don’t. Then on Wednesday morning, I left for Bermuda and spent most of the afternoon playing phone tag with the officer. Finally, I just left a message with my e-mail address. The next day I check my inbox and there’s a message from USCIS and it asks me to set-up an appointment regarding my naturalization application pursuant to discussions with the US Attorney’s Office. I write back and said that I could make it on Thursday, April 27, 2006. The officer replies telling me that I should bring my GC and the appointment letter that she was going to mail out.

This morning, I arrived at the Washington DO two hours early and was sent to the second floor by security. The receptionist on the second floor sent me back to the receptionist on the first floor, who then sent me to the information officer area and requested that I give the appointment letter to any officer. I do that and I wait and I wait. Finally, the officer appears asks me what I’m doing downstairs. I explained to her that I had been sent down here by the receptionist upstairs. She writes a note on a post-it and sends me back to the second floor where another officer is waiting for me by the elevators with my file (a piece of paper with “Mandamus” written in bold was attached to the cover). We walk into a room and he asks me what I’m there! I told him that I had been asked to come under an arrangement worked out by the US Attorney’s Office. He then opens my file and looks thru it and says that my application has already been denied for not producing documents. Then while he’s flipping thru the file, we both noticed that the documents I had supposedly not sent where there. Then he looks at the documents and says that they weren’t even necessary as I was a minor at the time! So he tells me that I’m approved but that my fingerprints had expired on April 18th and that he couldn’t schedule an oath till I had the prints taken for a second time. We both walked downstairs to speak with the first officer and they call the application support center in Alexandria and tell them that they should be expecting me. I drive over and take my prints without having to wait in line.

After taking my prints I call the first officer and asked her what to expect next. She tells me that she should have the results by Wednesday and that she would schedule me for an oath ceremony immediately following receipt of my fingerprint results! So hopefully, I’ll be naturalized by next Friday!
Click to expand...
 
Did you know that you can amend your mandamus petition to 1447b? I know of one individual who filed mandamus and then amended it to 1447b afterwards. His name is Lamine Zerousal. It was one of cases Publicus found. You could consider doing that.

mohamedmohamed said:
PHP: 
Hi All , Can Anyone Please Post A Sucess Story For Writ Of Mandamus For Naturlization A Recent Case If Possible. I Want To Use It As An Exhibt In My Case. The Reason Is That I Made A Mistake And Filed A Writ Of Mandamus Instead Of Petition For Hearing 1447b Which I Think It Was A Big Mistake,any Help Will Be Appreciated Thanks ...
Amad, i dont think it is a big mistake, i think you can still keep the whole issue undercontrol
WOM udsed to compes US agents to perform their dutie, which work for you since your case have been perding for period of time longer that reasonable, so it is applicable in your case.
at the same time, you can use the stute 1447 to fight any excuse by uscis , as a secondary support. at the right time, let say they wrote to the court saying some usual legal crap, that will be a good time to bring 1447, and the previous cases, which does nothing but support your complain, that the adjudication of your case took too long.
personally i think if it have been used to comple them to adjudicate AOS (which doesnt have any statute that say how long they can take to finish), if the WOM can be, and have been succefully used for that, using the same argument(WOM) to compel them to adjucate Naturalization(where there is a statute that ristrict how long it can take) using for argument like that , is very does add more strength to your argument, and it doesnt weaken it , as you may think.
that what he told me , his 45 ihave about 1 week remaining, didnt wait for him, i just filed with the court.
i have heard at least one person said that he couldnt do anything for him, and when he said , i will enquire, to me that doesnt sound much different than what the congressmen and senators offices do, which is very similar to what you can do , ask when your case is , the answer always is pending completion of name check, in conclusionam very skeptic of his ability to make any different, keep in mind that he only make recommendation, and USCIS are not bound by what he said.
Click to expand...
 
I-485 approved

Today at 4:45pm I received THE email from USCIS telling me that
my I-485 was approved. This long delayed approval only came after
I filed WOM on March 14, following the footprints of Publicus, Gegemon,
and many others in this portal. My salute to them.

I urge all applicants delayed by name check to take action.
Lawsuits is the only way to get CIS work on your case. I tried
others ways, and they do not work. Go WOM!


George

VSC, I485,
EB1
PD April 2001
FP, three times
WOM, March 14, 2006
Approval, April 27, 2006
 
George1965 said:
Today at 4:45pm I received THE email from USCIS telling me that
my I-485 was approved. This long delayed approval only came after
I filed WOM on March 14, following the footprints of Publicus, Gegemon,
and many others in this portal. My salute to them.

I urge all applicants delayed by name check to take action.
Lawsuits is the only way to get CIS work on your case. I tried
others ways, and they do not work. Go WOM!


George

VSC, I485,
EB1
PD April 2001
FP, three times
WOM, March 14, 2006
Approval, April 27, 2006
Click to expand...
there is another winner.good luck
 
Kenrucky cases

probably no one can answer this , because no one have filed WOM in lentucky
it is a little different , because the USCIS district office is in New Orlean, LA, the kentucky ofice is just a sub office.
after my summon was served,, i received a call from some one, from louisiana represented themself as a lwayer with USCIS, asking for my A # because i didnt write it in my complaint.
i was expecting some one from the US attorney ofice here, any one have any idea?
 
I learned alot here

Hi guys,
I learned alot here on this website , thanks for all the members that showed us the way to have USCIS to move and do the job they were hired and they are getting paid from our tax money to do it . I live in VA and I field my N-400 application on 11/15/2004 in VT and i got my fingerprint done in 04/28/ 2005 and they can not say any thing about the fingerprints because i had to wait for about 45 min after that because they want to make sure that it's clear and have no problem and that's what i was told by the lady who took my finger prints over there , and i had my interview on 09/13/2005 and i passed the test and then the offcier who i had the interview with told me you passed but your name still pending with the FBI which is so funny becasue they cleared my name like 2 years before when i got my green card and the funny thing she said ( and i don't know when we will get back the results from the FBI but when we get it we mail you a letter ) it's like don't bother us we will get back to you when we have time . after 2 months i sent her a letter asking about the status of my application but i never heard from her calling USCIS and asking them about the same thing we will inquire about it and call us after a month if you didn't hear from us , and i called them again the same answer no results and when i showed up to the CIS office to check on my application after waiting for 5 hours the info officer told me well you are not the only one sir there is alot of people like you and you must wait even the same answer i heard it from lawyers they said the same thing as well as my senators they asked them to help and when of them sent my a letter with an email from the FBI in respond to his inquire about my applictaion that (FBI got my application on 12/1/2004 and it's still pending due to name check ) until i found this website and after i read through all of it , i think that's the only way they will move their tales and do thier jobs , therefor i field my complaint today and i will serve them first thing in the mornning and i want tell you guys it's so easy and their is alot of info here to help out and so many great links and the clerk at the court she was very helpful and i asked her a sneaky question ( i am sure you guys seeing alot of this complaints lately and she said yes ) . so i am crossing my fingers and i will fight for my rights and there no way i will back down for it . I will fight them with the law.
NOW I HAVE A QUESTION , DID ANYONE FIELD IN VA (Eastern District of VA) and what happend with you ?? please let me know . Good luck to all of you and wish me luck .
 
Last edited by a moderator:
When they waived Kia in front of me, I told them that I would fight to reverse that decision as the basis for that decision had already been reversed.
Click to expand...

Bashar - can you elaborate on this Kia case? What is the basis of the Kia case?
 
It takes some effort to go through all the posts

I do learn a lot from all the great posts from you guys. I am determined to file WOM for my AOS after my PD becomes current, which I expect to happen in one or two months.

I do have one question not mentioned by a single post yet.

Both my wife and I are stuck in FBI Name Check (BS*), do I need to file separate WOMs for my wife and me? Or I only need to file one WOM in which I am the plaintiff and just mention my wife's application all together?

Thank you for your input,

xu111
 
George1965

George

congrats. Do you mind sharing the WOM filing for I-485? Please list down steps that would be helpful to us.

EB1 PD May 04
VSC
I-485 waiting
Stuck in name check
 
xu111 said:
I do learn a lot from all the great posts from you guys. I am determined to file WOM for my AOS after my PD becomes current, which I expect to happen in one or two months.

I do have one question not mentioned by a single post yet.

Both my wife and I are stuck in FBI Name Check (BS*), do I need to file separate WOMs for my wife and me? Or I only need to file one WOM in which I am the plaintiff and just mention my wife's application all together?

Thank you for your input,

xu111
Click to expand...
I would say you can file one complaint if you one of you is d derivative of the other, because that will mean if the primary petitioner case get approved the all the other derivatives should be automatically approved to, and also it mean that all the facts, and the circumstances are the same too.
the oppsit will be true if you have a different application, and neither one of you is a derivative of the other, then you can file wo different cases.
 
District Office

If DO is sitting on N400 application waiting for FBI name clearance, how do they act on the application again once the clearance is received.

Is there any way to find out are they really waiting for FBI to get back or
they lost the information at the first place

Thanks is advance

Interview 4/18 (stuck in background check)
 
boston_case said:
Is there any way to find out are they really waiting for FBI to get back or
they lost the information at the first place
Click to expand...

My congressman sent a couple of emails to FBI and this is how I found out my name check is really still pending.
 
Thanks

Thank You Suzy/mohmed/and Need Solution ,for Your Answers. I'm Going To Try And Amend Wom And Make It A Hearing For Naturlization 1447b If I Can Do That Without Having To Pay The Filing Fees Again...thanKs A Lot
 
Last edited by a moderator:
Infopass appointment

I have infopass appointment, what happens during infopass, does the immigration office have your file or does he only access your information on computer only.

Can they answer what agency they are waiting for to get my background clearance from ? and when did they send the request to that agency ??

Thanks....
 
Maryland

Thank you, Mohamedmohamed and It1GM for the example of summon. It was really helpful!

Balti: I'm filling 1447 on 5/12 in Maryland. I wanted to hand deliver the package so that I can get the summon back right away. But I was told by the Greenbelt clerk that they will mail it rather than giving it back right away.

Emily
 
Thank you so much, mohamedmohamed, for the case files. Sorry to bother you for more questions: (1) for the first case (sny 4.pdf), I don't fully understand this "motion for summary judgement", but it doesn't seem good to the plaintiff. any thoughts?
It seems the deadline is past, any outcome?
(2)Compared to some other case files in previous threads, there are not much case details, is it because the case is still pending?
Thanks a lot!
 
You must log in or register to reply here.
Top