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

TimeTravel said:
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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TimeTravel - It is too early for you to follow up with the IO, that being said, did they explain why the decision couldn't be made, if not recommended for approval. Usually you need to get as much information as possible directly from the Interviewing IO. You understand that they have upto 4 months or 120 days from date of Interview to adjudicate the case.
 
Michael Smith said:
TimeTravel - It is too early for you to follow up with the IO, that being said, did they explain why the decision couldn't be made, if not recommended for approval. Usually you need to get as much information as possible directly from the Interviewing IO. You understand that they have upto 4 months or 120 days from date of Interview to adjudicate the case.
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Thank you Michael for your response. I appreciate that.

I was not given any explanation about why they couldn't make the decision. All he said that they would mail me when they make decision. Should I write my IO to ask what exactly is holding my file under review? Please note, I applied under 3 years rule, so they questioned about whether my wife and me are living together. We both were interviewed separately, but they didn't ask her alot of questions. They basically asked her about our house structure - like how many rooms, carpet, tile, vacuum cleaner, etc. Then he questioned the same thing to me to cross check the answers, and I was quite accurate. I had bunch of documents with me like latest 2014 taxes together, renewed health insurance, latest bank statement, etc, but he did not even ask me for any single additional document. Please share your advice about what step should I take next. Thank you for your time.
 
TimeTravel -
Frankly speaking, it is too early, and there is nothing you can do at this time. Looks like the IO was not thoroughly convinced and therefore he/she did not recommend you for approval, or else your Interview results would have said so. You wouldn't want to sound too pushy writing to your IO, and besides the IO will just place that letter in your file, like it happened with me. At the end of the day, they could care less and its all in a days work. You have to give it some time - atleast 2-3 months before you approach your Congress person and ask them to enquire under Freedom of Information Act. You will be able to guage from their response what could possibly be holding up your application. In the meantime, you should learn to relax and go on with your life, and you may never know - the Oath Letter could show up in your mail anytime soon.

If you cant help it, call the 1800 Customer service hotline and ask to be transferred to a tier 2 officer, to enquire about your case. They have access to the system and will be able to enlighten you somewhat.
 
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Michael Smith said:
TimeTravel -
Frankly speaking, it is too early, and there is nothing you can do at this time. Looks like the IO was not thoroughly convinced and therefore he/she did not recommend you for approval, or else your Interview results would have said so. You wouldn't want to sound too pushy writing to your IO, and besides the IO will just place that letter in your file, like it happened with me. At the end of the day, they could care less and its all in a days work. You have to give it some time - atleast 2-3 months before you approach your Congress person and ask them to enquire under Freedom of Information Act. You will be able to guage from their response what could possibly be holding up your application. In the meantime, you should learn to relax and go on with you life, and you may never know - the Oath Letter could show up in your mail anytime soon.
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Thank you for your advice! I will wait then. Hopefully I get my approval asap. :)
 
Michael Smith said:
If you cant help it, call the 1800 Customer service hotline and ask to be transferred to a tier 2 officer, to enquire about your case. They have access to the system and will be able to enlighten you somewhat.
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Thank you! I called them yesterday, and asked them to transfer my call to immigration officer, and all they said that it is under review. Just wondering - tier 2 officers are the same as immigration officer?
 
TimeTravel - Yes I believe tier 2 Officers are like call-center employes of USCIS. Customer Service Reps are contracted by USCIS and have access to only that information which is available to the user so not of much use.
 
Michael,

I did not talk to Tier 2. My experience from my GC days is only lawsuit gets uscis to move on the case.

I got GC based on EB2_niw .
My wife has not received the oath letter yet, but her application was approved during interview.

What is the status of your application? Did you petition the denial?
 
Help needed!

Today, i recieved a letter from district attorney's office, titled: notice of appearance".
It says that undersigned attorney respectfully requests the Clerk to note his appearance in this case and to add him as a filing user to whom notices of electronic filing will be transmitted in this case.

What does this letter mean? Please help
 
NIW-WOM -
You should have checked with Tier 2 officer to find out what is the latest case status. In any case, now that the lawsuit is filed, it should get things moving. The "Notice of Appearance" means that the US Attorneys office (not district attorney) for Southern district has filed his appearance to represent the defendants. He should contact you soon, or maybe you can get his name from PACER and contact him. As an alternative, you can call up the US Attorneys office and ask them who is handling your case. The sooner the better.
Let me know how it goes.

Yes I petitioned the denial and waiting - they have 180 days to respond.
 
Michael,
Thanks for your reply.
The letter already has the AUSA name in it. It has his contact information attached, as well.

I wish you good luck with your petition. will keep everyone posted.
 
called AUSA and left him a message, yesterday and today. No update, so far.
Almost one month passed and no update so far.
 
Looks like your AUSA is laid back since he has 60 days to respond or extend. I never had any such probs, when I called, the AUSA returned my call the next day. Better than calling would be the email option. My AUSA replied all my email within minutes. He was very prompt.
 
Ausa called me last week and said he expected response from USCIS by the end of this week( today). However, No update so far.

Is there a possibility that USCIS doesnot respond by the end of 60 days? What if at the end of 60 days, AUSA asks me to give USCIS 30 more days? Can I day "no"? If so, would we go to court?

Your help is greatly appreciated....
 
Hi Michael and everyone,

I would like to update you with my super delayed N-400 case.
After I get so much help from this forum, I contacted an attorney prepare to file WOM. In the mean time, I sent an email to my USCIS local office. Told them that I am preparing to file a WOM (Writ of Mandamus) for my super delayed N-400. The first email didn't work. After several weeks, I sent another email with details of my WOM preparation, like the attorney already checked my immigration history and $xxxx of attorney charge etc. I said "After we received the summons, we will mail it to your office by first class certified mail."

then I sail "Before doing that I would like to consult your office last time. I just want to confirm that there is no other ways than take such legal action. "

In a couple of days, they emailed me informed me that "my interview will be scheduled in 30-45 days." And they did. I just finished my interview last Friday. The officer suggested approval of my case. But he said I am still stuck in name check. He was just told to conduct my interview. I guess my email does work. Otherwise, I will be still waiting.

I guess I have to prepare to file 1447 after 120 days.

Thank you all so much!

Jarek
 
Update on my case:
AUSA called me today and asked to dismiss the case and give USCIS 60 days to adjudicate the case, because USCIS does not have jurisdiction on my case.
Stipulation says USCIS will schedule second interview, adjudicate and send oath letter (if approved) within 60 days.

I pushed back on interview and 60 days and dismissing vs. extension, but the only thing I could get was that oath letter would be sent within the 60 days (if case approved).
I asked AUSA several times, whether this meant USCIS was intending to deny the case, and he said they did not tell him anything about "intent to deny". He also said if USCIS were intending to deny, they would not agree to put "oath letter (if approved) within 60 days."

Today is one of the worst days for me. Not sure what else to do. So depressing/stressful.....
 
Hello everyone,
I have filed 1447(b) on 05/12/2015
summons mailed the same day.
Deadline to response on 07/17/2015.

So far, no update. Should I call US atty office? or I should wait another 2 weeks to call them?
Please help.
 
zhongjian said:
Hello everyone,
I have filed 1447(b) on 05/12/2015
summons mailed the same day.
Deadline to response on 07/17/2015.

So far, no update. Should I call US atty office? or I should wait another 2 weeks to call them?
Please help.
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Yes call the US atty's office to enquire if they received it or find the name of the US Atty who has been assigned your case from PACER.
 
NIW-WOM said:
Update on my case:
AUSA called me today and asked to dismiss the case and give USCIS 60 days to adjudicate the case, because USCIS does not have jurisdiction on my case.
Stipulation says USCIS will schedule second interview, adjudicate and send oath letter (if approved) within 60 days.

I pushed back on interview and 60 days and dismissing vs. extension, but the only thing I could get was that oath letter would be sent within the 60 days (if case approved).
I asked AUSA several times, whether this meant USCIS was intending to deny the case, and he said they did not tell him anything about "intent to deny". He also said if USCIS were intending to deny, they would not agree to put "oath letter (if approved) within 60 days."

Today is one of the worst days for me. Not sure what else to do. So depressing/stressful.....
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Questions :-
Why did you agree to 60 days ? 30 days would have been fine ! Similar to my case, the AUSA normally is not told the outcome of any USCIS decision, but only given the timeframe for adjudication, which can (possible) also lead to denial for absurd reasons. You should have probably refused the stipulation and hold your ground taking them to court instead. The IFS and BUTS are more a cause for concern and stress - I don't blame you. In my case too, the AUSA sounded so pleasant and assuring about the potential for positive outcome and you know the rest of the story. Hope you don't go through the same ordeal !
 
jarek said:
Hi Michael and everyone,

I would like to update you with my super delayed N-400 case.
After I get so much help from this forum, I contacted an attorney prepare to file WOM. In the mean time, I sent an email to my USCIS local office. Told them that I am preparing to file a WOM (Writ of Mandamus) for my super delayed N-400. The first email didn't work. After several weeks, I sent another email with details of my WOM preparation, like the attorney already checked my immigration history and $xxxx of attorney charge etc. I said "After we received the summons, we will mail it to your office by first class certified mail."

then I sail "Before doing that I would like to consult your office last time. I just want to confirm that there is no other ways than take such legal action. "

In a couple of days, they emailed me informed me that "my interview will be scheduled in 30-45 days." And they did. I just finished my interview last Friday. The officer suggested approval of my case. But he said I am still stuck in name check. He was just told to conduct my interview. I guess my email does work. Otherwise, I will be still waiting.

I guess I have to prepare to file 1447 after 120 days.

Thank you all so much!

Jarek
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The 120 days countdown has begun ! Hope you hear some positive news soon !
 
Michael,
Thanks for your reply.

I called US atty's office, the receptionist answered , he told me that no AUSA assigned to my case yet, he said one of the summon is out ( I don't know what's this mean) and ask me call the court clerk, he is not helpful. I also told him that the answer to due is on 7/17/2015, he seems like don't understand what's going on. The US atty's receptionist don't even transfer my call to someone will help.
when I filed my return receipt at court office, the clerk told me that US atty's office will receive electric copys. I don't need to send anything to them.

should I keep calling them until someone will help me?
 
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