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

SergeyR said:
Great!



Nice.



Yup, I hope they will contact you sooner than later.



I read above they can also promise you to speed up your case if you dismiss it. In that case first I'd get a letter from them where they agree to finish processing your case within certain period of time i.e. 2-3 weeks.

But anyway please keep us updated.

BTW, I just made another infopass appointment for Jan 4. By that time I plan to finish with my Complaint and to prepare everything. I want just to go there and tell them that time is up and either they do something or I will file a complaint within a week. I hope they will notify an officer that they are already 120 days late and I hope officer will contact me. But if not I will go to DC without any hesitation.
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Based on my past experience (and others' as well) with that Infopass crap, I'm pretty much positive that your visit would be just "give a kiss to a USCIS' door handler". Unless your office is more professional (which I doubt).
Believe me, these first point clerks (at Infopass) don't give a damn f***ing shit on your problems and they won't pass that info to your "buddy officer":cool:. But if you want, you can try (so you won't blame me;) for keeping you from).

I was under the same impression for our last Infopass, which turned out to be piece of crap and waste of the time.

Few days after we filed a complaint, I've called USCIS on behalf of my wife and asked about my wife's case status, giving them my feedback about these f***ing useless Infopasses and, to my surprise, they agreed with that. The Tier 2 supervisor was even already to submit request for expediting my wife's case (well, I didn't inform him that the complaint has been filed out already). I was just curious if there were any "red flags" with my wife's application and he said "No", offering expediting. To which I said "Don't worry, buddy and ciao!"

For dismissal: if they contact my wife, I've instructed her (she doesn't speak English as good as I do), to make a stipulation on dismissal only if they put down in paper or e-mail something like they promise/guarantee the positive final approval/Oath date. If not, I'm gonna go to any extent in terms of court hearing, no matter how long it takes. I'm fed up with this BS and will assist my wife in court (hopefully the judge will allow so).
 
nickoxx

BTW can you temporarily take your wife's phone and keep it with you just in case they will contact her? Since you know what tell them you could answer the phone on your wife's behalf, right? Anyway I'd like to only have either email or mail communication with that guys.

I agree that my Infopass appointment won't probably help, but anyway I plan to go there and show them my completed complaint. I will try to speak to a supervisor and will try to convince them to at least tell the officer that time is up.

I understand they can't avoid all that checks, but at the same time why can't they expedite FBI checks? It should be really easy. I already paid $680 for N400 form. And now will have to pay another $400 to DC. Plus pay to USPS. Plus I even don't consider all that time I have to spend with DC. As I wrote above $400 is a good money and they (UCSIC) could charge even more than $680 in order to offer expedited processing of naturalization case.
 
SergeyR said:
BTW can you temporarily take your wife's phone and keep it with you just in case they will contact her? Since you know what tell them you could answer the phone on your wife's behalf, right?
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No, it's too serious. I don't want to take a chance this time. Although, I've played similiar trick while calling the USCIS pretending to be my wife:D
SergeyR said:
Anyway I'd like to only have either email or mail communication with that guys.
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I've picked-up e-mail communication on "Pro Se Appearance" form.
 
Hi

I am in serious trouble

i485 marriage denied before new year 2015, it took about 1 year and 20 days to make a decision.

I received an unfair result from the officer

base on many reasons that is not true and no fact check or verification at all.

All explanations are based on personal feeling, there is no true to that all all.

My wife stayed home while I was on business in other state.

I want to sue the officer as to why she could come up with these reason.

Please help me, I am in process of opening a case within 30 days with a lawyer this time.

Background

- Officer visited at home asked many questions to my wife, such as received money to get marriage, where is the bank or money that we use? Can they even do that, they came 3 officer at 6 am. She was confused, and threaten by all these law, they tried to throw at my wife.

- first interview, we were separated to answer question, we got most of the question correct but officer asked if my wife got money from me. I did not have lawyer at the time. I should have. I know officer can not do that.
 
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by the way, i couldn't sleep, eat, or do anything. I am very stressed. I have been working hard, paid a lot of income tax more than 30k a year. supported my life, no one care to help.

There is no celebration for me these past weeks.
 
From what I see the officer didn't trust your marriage, you didn't prove good faith marriage. Hire a lawyer and you'll be fine
 
Eli80 said:
From what I see the officer didn't trust your marriage, you didn't prove good faith marriage. Hire a lawyer and you'll be fine
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hiring a lawyer right about now sir, i can't believe the inequality in the officer of ucis.

I want to sue this officer because offer asked me the more evidence, so I did provide and officer said it is because officer asked that is the reason of the denied. It doesn't make any sense.
 
because i did not hire lawyer to be in the interview room and they think they can just do whatever they want

I didn't think it was going to be this hard

i am talking to the lawyer this week.

I want to sue this particular officer, i already filled out 7001 and people say they are the same side, same mafia gang won't do a thing to the officer.
 
Ok you said the officer separated you guys and ask you questions , so you answer most of questions means some of questions you didn't ask right!!! Here the officer will stop and think. You said you travel a lot, so the officer has right to know why. You said they asked your wife about bank account, they have right to ask these questions. But he should not ask your wife about fraud or something like this. Did your wife tell them we are married for real and we love each other ? If she told them you guys are in love so they shouldn't ask her about money.... Is she American ? How long have you been married ? How long you guys knew each other before u get married ? Do you have any joint documents together ? Pics? Banks together ? Insurances ?
 
have all that, insurance, joint document, bank, officer said it is not credible in which we are still using it.

lawyer only. I answer all the questions right, we prepared a lot. Officer was trying to confuse us by asking questing without us finish answering the question.

officer tried to use our word against us such as working at walmart but did not file tax at the walmart because officer did not ask that my wife started the training in 2015 but didn't work out and will file the tax 2015. It is very prejudice.
 
You'll be fine sir. Just hire a lawyer I'm sure you'll get your green card . You're lucky that they didn't take to their holding place and go in front the judge. You'll be fine
 
thank you sir, will fight until i get my greencard, i work in computer, make more than 150k per year, will not rest at all
 
SergeyR said:
nickoxx
I understand they can't avoid all that checks, but at the same time why can't they expedite FBI checks?
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Are you sure that the background check is the cause of the delay?
USICS has a policy that prevents officers from scheduling naturalization interviews until all the checks are complete.

If you already got your interview, then most likely, your background checks were complete long time ago.

People who are affected by the background check delay are not even in line for interview scheduling. They wait and wait and wait hoping they can get the interview scheduled.
 
algorithm said:
Are you sure that the background check is the cause of the delay?
USICS has a policy that prevents officers from scheduling naturalization interviews until all the checks are complete.

If you already got your interview, then most likely, your background checks were complete long time ago.

People who are affected by the background check delay are not even in line for interview scheduling. They wait and wait and wait hoping they can get the interview scheduled.
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I don't know what's the delay, but not the FBI check.
Just the lazy ass at local USCIS office and a lot of BS associated with this.

I'm done with this part, now it's court's time (coming soon, the deadline is February 15th for the defendants' responses).
 
Today I went to USCIS (I scheduled Infopass appointment for today) with a draft of my complaint. I talked to a lady, but she told me that literally nobody gives a damn about my complaint and whether I file it or not. Though she was polite and explained me that even if I send it via mail then they would just add that to my file and officer most likely won't know about my intentions. I could send them any other document like proof of residence, copy of my ID or whatever. Officer will only know I sent something when he will be able to work on my case. So it doesn't matter if I send them anything or not. What matters is RFE (request for evidence). I was told that if officer sends me an RFE then he will keep an eye on that request and will process all the information I return back to him. Now since there is no RFE (and I asked to double check if he ever sent me an RFE and got negative answer) my only option is to go to my district court.

So far I have a draft of my complaint. I will try to finish it within several days.

But I have couple questions:

1) I noticed that all that complaints on the web have different table of contents. But my Delaware complaint template has only this contents/sections:

- PARTIES IN THIS COMPLAINT - Here I have to provide only names and addresses, but don't have an option to describe why I decided to include this or that defendant. In other cases I found online I see people describe that each defendant is in charge of this or that. But I just don't have that options. I don't know if judge will be able to guess the reason I have several defendants.
- BASIS FOR JURISDICTION - Easy and small section
- VENUE - Same thing: easy and small section
- STATEMENT OF CLAIM - Here I describe my case. Pretty much Ctrl+C and Ctrl+V from other cases.
- INJURIES - Easy.
- RELIEF - Easy. Just copy and paste.
- CLOSING - Here I claim that everything is true and correct.

So my complaint doesn't have these sections: BACKGROUND, LEGAL ARGUMENT, INTRODUCTION, FACTS, etc. So I decided to include as much info as I can into STATEMENT OF CLAIM section. And I hope it's OK. But I'm not sure if gudge will consider this information sufficient or not. What you guys suggest?

2) I still don't know if I have to put numbers at the beginning of each paragraph or not. I haven't called clerk of the court yet. What do guys think?

3) I decided to attach these exhibits:

- Interview Schedule letter
- N-652 form
- All 4 copies of my Infopass appointments.

What do you guys think about these exhibits? Idk if it's good to include copies of appointments or it's just a waste of copier paper?

And finally I attached a most current draft of my complaint. Please take a look if you have time. Just 6 pages.
 

Attachments

  • Complaint 2 Public Draft.pdf
    237 KB · Views: 24
SergeyR said:
Today I went to USCIS (I scheduled Infopass appointment for today) with a draft of my complaint. I talked to a lady, but she told me that literally nobody gives a damn about my complaint and whether I file it or not. Though she was polite and explained me that even if I send it via mail then they would just add that to my file and officer most likely won't know about my intentions. I could send them any other document like proof of residence, copy of my ID or whatever. Officer will only know I sent something when he will be able to work on my case. So it doesn't matter if I send them anything or not. What matters is RFE (request for evidence). I was told that if officer sends me an RFE then he will keep an eye on that request and will process all the information I return back to him. Now since there is no RFE (and I asked to double check if he ever sent me an RFE and got negative answer) my only option is to go to my district court.
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Hey, buddy! Didn't I tell you that these f***ing INFOPASSes - are just waste of the time:cool:?
Even with the RFE they don't really give a shit, like in my wife's case, otherwise I'd not be sitting here:D.
So, she was lying to you again.

So far I have a draft of my complaint. I will try to finish it within several days.

But I have couple questions:

1) I noticed that all that complaints on the web have different table of contents. But my Delaware complaint template has only this contents/sections:

- PARTIES IN THIS COMPLAINT - Here I have to provide only names and addresses, but don't have an option to describe why I decided to include this or that defendant. In other cases I found online I see people describe that each defendant is in charge of this or that. But I just don't have that options. I don't know if judge will be able to guess the reason I have several defendants.
- BASIS FOR JURISDICTION - Easy and small section
- VENUE - Same thing: easy and small section
- STATEMENT OF CLAIM - Here I describe my case. Pretty much Ctrl+C and Ctrl+V from other cases.
- INJURIES - Easy.
- RELIEF - Easy. Just copy and paste.
- CLOSING - Here I claim that everything is true and correct.

So my complaint doesn't have these sections: BACKGROUND, LEGAL ARGUMENT, INTRODUCTION, FACTS, etc. So I decided to include as much info as I can into STATEMENT OF CLAIM section. And I hope it's OK. But I'm not sure if gudge will consider this information sufficient or not. What you guys suggest?
SergeyR said:
2) I still don't know if I have to put numbers at the beginning of each paragraph or not. I haven't called clerk of the court yet. What do guys think?
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Put the numbers.

3) I decided to attach these exhibits:

- Interview Schedule letter
- N-652 form
- All 4 copies of my Infopass appointments.

SergeyR said:
What do you guys think about these exhibits? Idk if it's good to include copies of appointments or it's just a waste of copier paper?
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Waste of the paper for Infopass crap.

SergeyR said:
And finally I attached a most current draft of my complaint. Please take a look if you have time. Just 6 pages.
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Sergey, I'll take a look tomorrow. For some reason, really tired today.

By the way, got return receipt from US Attorney General, which just proves how all these folks like "red tape": according to the USPS, it was delivered on 12/15/15. But the receipt displays 12/21/15. So, what they did - just kept receipt for 6 days and only then sent it back to me.

I have 4 more receipts to come and here's more fun. I called the USPS on 12/31/15 and they confirmed the receipts had arrived in Illinois (Forest Park) on 12/18/15. So, my next question was: is Forest Park in Alaska or what? Today is 31st, so what the hell is going on? In return: standard answer from the script: "we do apologize and bla-bla-bla..."

I've called court today and they said printed copies of receipts would be OK, so I'm going this Saturday to the post office and have these bustards to print the copy of the missing return receipts.

Another fun: court clerk had no clue when should I submit these receipts before, may be 120 days? I've asked, how about the 60 days to respond on summon? So, she kinda got her mistake, since judge will have to force after 60 days or even before, once he receives all the receipts.

Man, I can't believe I've heard that from the court clerk:(!

 
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