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

[RealSuperK]

Alright guys this is what has happened today...

I talked to AUSA today as it was passed the 60 days for the DO. Basically he sd that he is filing a motion to dismiss my case because I dont have any grounds... he sd that people are waiting for dacades for these kind of cases to resolve... he sd that USCIS cannot do anything... FBI is not done with my background check and I should file motion to dismiss without prejudice as I dont have any ground in this case... he also threatened me that if USCIS denies my case today I won't have any case and that is why I should myself file motion to dismiss without prejudice... He is going to file motion to dismiss on my case tomorrow... I am planning to file motion to default judgement before he does...

I am feeling really really down... I am working 2 jobs now trying to make it... and the feeling of being denied while my case pending in court...

Any help like text or format or even a single point or a law citation will really be appreciated... I am going to file this tomorrow first thing...

Haddy,

1. Keep your head up.

2. Don't fall for this bullcrap. USCIS needs a reason to deny your case. A reason unrelated to WOM. If they had a reason, they'd deny your application a long time ago. During my conversation with AUSA she mentioned the same crap - USCIS can deny your case because your name check isn't in. And I filed 1447(b) Call their bluff.

3. I agree with everybody else. Wait and see what he puts in the memo. "People waiting in line for years" isn't a good reason to dimiss the case. More people need to stand up, develop some balls and make them do their gawd damn job!

4. There has been a memo floating around this thread that specifically stated that FBI expidites the name check for WOM cases. I'm sure I got it somewhere and I'll post it again when I find it.

5. Keep your head up.

K

 

[Haddy]

Haddy,

1. Keep your head up.

2. Don't fall for this bullcrap. USCIS needs a reason to deny your case. A reason unrelated to WOM. If they had a reason, they'd deny your application a long time ago. During my conversation with AUSA she mentioned the same crap - USCIS can deny your case because your name check isn't in. And I filed 1447(b) Call their bluff.

3. I agree with everybody else. Wait and see what he puts in the memo. "People waiting in line for years" isn't a good reason to dimiss the case. More people need to stand up, develop some balls and make them do their gawd damn job!

4. There has been a memo floating around this thread that specifically stated that FBI expidites the name check for WOM cases. I'm sure I got it somewhere and I'll post it again when I find it.

5. Keep your head up.

K

K thanks for your reply... after reading my previous posts do you think I should still try to file motion to default judgment... AUSA was sent the summons/complaint on April 6 which he recd on April 10... if we consider Apr 6th then the time is up ( i need to find the right rule where the court will consider the postmark date)... if we consider the Apr 10 the AUSA has until April 12 due to the fact that there was memorial day and then this weekend... any words on this...

 

[RealSuperK]

K thanks for your reply... after reading my previous posts do you think I should still try to file motion to default judgment... AUSA was sent the summons/complaint on April 6 which he recd on April 10... if we consider Apr 6th then the time is up ( i need to find the right rule where the court will consider the postmark date)... if we consider the Apr 10 the AUSA has until April 12 due to the fact that there was memorial day and then this weekend... any words on this...

You need to find out the rule. I'd be shocked if they didn't file anything by the deadline. But if they didn't, I think filing the motion for default judgement wouldn't be that bad. I doubt the judge would go for it, but at least that would show the AUSA that you mean business.

 

[buggin]

Originally Posted by xu111I checked USPS website and saw my summon package was returned undeliverable.

I got this address by calling US attoney's office. The address for civil division is in a different building from main office.

Xu111,

I would like to correct my previous post:

"I don't believe there is a separate US Attorney Office for each department of the court (e.g., civil, criminal, etc.). Normally, there would be only one office."

My husband, who served my complaint on the US Attorney, told me that when he went to the floor 11 (which is indicated in the US Attorney Office's address), they sent him to floor 10, saying that the civil division is on 10th floor. So, I was wrong, there is a separate US Attorney for civil cases. However, they still shouldn't give you such a hard time, because all their offices are in the same building, just different rooms or floors. It was so easy for them just to forward your package to the right room but they chose not to.

In either case, don't give up. Call the court clerk and ask them the correct address. Good luck.

 

[khalafah2000]

Hi Kabi24,
good to hear from you, The only reason I am waiting is to give the letter that I send to the white house a chance to work, I am getting quite antsy though and I may just file in the next week or so.
How did you get the name and e-mail address of the US attorney assigned to your case, I find it very difficult to get through the civil case department for the office in Seattle all my calls went unreturned. I was able to get the info from the Public affairs lady. Any tips would be helpful.
Good luck to you too.

How long had you been waiting before you write the letter to white house? Is it to Laura Bush or President Bush also? Did you have congressman/senators letters and also FBI/USCIS letters/infopass apartments before you write the letter? Did you give references to these letters? I myself am planning to write this sort of letter within the next couple of days. I have already written to congressman/senators and have one infopass apartment within the one month I have my interview.

Ultimately I don't think that any of this would work, except filing 1447.

 

[scrb09]

need advice from the seniors

I understand that most of the people filing 1447B here have been interviewed by the INS and are stuck in the name-check and are getting favourable decisions.

I have a slightly different case...my N-400 is from July 14th 2003 and I have not been interviewed (I received a interview notice which got cancelled 5 days later in 2004)...and my case is pending in the name-check...

Since the 120 days time-clock begins after the interview is over...I am guessing the INS has to do something about such cases...but in my case there is no time-limit since they can just point to the FBI...

My question is do we know/have people who have had favourable results after filing a Mandamus...without being interviewed?

what do you you guys think, I should do ?

thanks

 

[buggin]

This is a proof that an intent to sue letter doesn't work.
I send an intent to sue letter to USCIS and US attorney last month and gave them unitl June 23ed to respond. I e-mailed the US attorney office today and inquired whether these letter get assigned to an attorney or just simply filed until the lawsuit happens.
This is the response I got:

Mr. xxxxxxx,
I checked with our Civil Division Chief regarding your inquiry. Cases are assigned to an attorney after they are filed with the court and we are served with the lawsuit. While the letters you referenced are reviewed, I believe they are simply retained pending the actual filing of the lawsuit.
Thank your for your inquiry,

All11, the US attorney is right. Untill you file your petition witht he court and serve him/her, they are not going to do anything. To be fair to them, this is not their job. Their job is to represent government agencies in lawsuits. Unless there is a lawsuit, there is nobody to represent. So, don't take it that they just ignore you. I am on their side in this situation.

As far as the USCIS goes, you can send a demand letter to them. On the other hand, they have a right to ignore it. I am not saying it is right of them to do it. But the reality is, they don't have to act on our demand letters if they don't want to.

Just file a lawsuit. Don't waist your energy.

 

[buggin]

Thanks Mohamed and Buggin and every one else.... I have this Pro Se hand book... Read page 48... What do you guys think about it... I also see Suzy here... Will appreciate every one's input...

Haddy, your handbook, page 48 says to see Fed Rules of Civ Procedure if you are suing a government agency. Take a look at this one:

Fed Rules of Civ Procedure 55(e) Judgment Against the United States.
No judgment by default shall be entered against the United States or an officer or agency thereof unless the claimant establishes a claim or right to relief by evidence satisfactory to the court.

This tells me that in our cases, the court is not going to automatically give you a default judgment. You still need to prove it in court. Of course, the other side is going to fight. So, if you are sure, the US Attorney defaulted, get ready for a fight.

 

[Finale]

case dismissal question

In a resolved WOM case, does it matter who files for dismissal? I mean can anyone tell me if there is a benefit for filing a stipulation to dismiss signed by both parties rather than filing a notice of dismissal signed only by plaintiff. I am going to file a dismissal of my WOM today and US Attorney told me that since they haven't filed anything with the court previously, they don't need to sign it and I can go ahead and file a notice of dismissal (I got the form from the court website). Any opinions?

 

[mohamedmohamed]

In a resolved WOM case, does it matter who files for dismissal? I mean can anyone tell me if there is a benefit for filing a stipulation to dismiss signed by both parties rather than filing a notice of dismissal signed only by plaintiff. I am going to file a dismissal of my WOM today and US Attorney told me that since they haven't filed anything with the court previously, they don't need to sign it and I can go ahead and file a notice of dismissal (I got the form from the court website). Any opinions?

if you signe the dismissal that should be enough, because you are the one who file the complaint.

 

[mohamedmohamed]

name check cleared

ok, today i went to the district office to get an interim EAD, since i applied for one exactly 90 day ago, and havent received it yet.
after i got to theoffice, gave my infopass letter,the person at the window made me wait for a while, and i saw a lot of other people coming and going, finally she came up, and gave me employement authorization application to be filled, after i filled gave it back to her, she said you need to come back next tusday to get your EAD issued, and you need to go down stairs to get your fingerprint taken, i was like, finger print for the EAD, or for I 485, she replied no, it is for your I485, i was like what about the nam check, she said, IT HAS BEEN CLEARED.
so i went got my finger print taken, i expect this to be done soon, because the 2nd finger print usually take only hours, or days.
i am soo releaved, because i know i have to get this done before July, to be able to keep my graduate program offer.
it wouldnt hapen without the help and th support of you guys, last few days, was other, today is me, and soon the rest, keep up the good fight.
Good luck everyone.

 

[RealSuperK]

ok, today i went to the district office to get an interim EAD, since i applied for one exactly 90 day ago, and havent received it yet.
after i got to theoffice, gave my infopass letter,the person at the window made me wait for a while, and i saw a lot of other people coming and going, finally she came up, and gave me employement authorization application to be filled, after i filled gave it back to her, she said you need to come back next tusday to get your EAD issued, and you need to go down stairs to get your fingerprint taken, i was like, finger print for the EAD, or for I 485, she replied no, it is for your I485, i was like what about the nam check, she said, IT HAS BEEN CLEARED.
so i went got my finger print taken, i expect this to be done soon, because the 2nd finger print usually take only hours, or days.
i am soo releaved, because i know i have to get this done before July, to be able to keep my graduate program offer.
it wouldnt hapen without the help and th support of you guys, last few days, was other, today is me, and soon the rest, keep up the good fight.
Good luck everyone.

Big Congrats Man!

Good luck with your studies!

K

 

[meshmesh]

ok, today i went to the district office to get an interim EAD, since i applied for one exactly 90 day ago, and havent received it yet.
after i got to theoffice, gave my infopass letter,the person at the window made me wait for a while, and i saw a lot of other people coming and going, finally she came up, and gave me employement authorization application to be filled, after i filled gave it back to her, she said you need to come back next tusday to get your EAD issued, and you need to go down stairs to get your fingerprint taken, i was like, finger print for the EAD, or for I 485, she replied no, it is for your I485, i was like what about the nam check, she said, IT HAS BEEN CLEARED.
so i went got my finger print taken, i expect this to be done soon, because the 2nd finger print usually take only hours, or days.
i am soo releaved, because i know i have to get this done before July, to be able to keep my graduate program offer.
it wouldnt hapen without the help and th support of you guys, last few days, was other, today is me, and soon the rest, keep up the good fight.
Good luck everyone.

Mohamed*2,

Congratulation my friend,

You really deserve the best celebration ever.
You helped many many people here in this forum, and kept them inspired.
God bless you,

Meshmesh

 

[meshmesh]

I understand that most of the people filing 1447B here have been interviewed by the INS and are stuck in the name-check and are getting favourable decisions.

I have a slightly different case...my N-400 is from July 14th 2003 and I have not been interviewed (I received a interview notice which got cancelled 5 days later in 2004)...and my case is pending in the name-check...

Since the 120 days time-clock begins after the interview is over...I am guessing the INS has to do something about such cases...but in my case there is no time-limit since they can just point to the FBI...

My question is do we know/have people who have had favourable results after filing a Mandamus...without being interviewed?

what do you you guys think, I should do ?

thanks

I am in your same boat,
I've been waiting since June-04, with 2 cancellation letters after 2 interviews letters.
you only have the choice to file WOM.
you can follow HADDY's posts, he filed WOM for his I-485, AND THEY'RE GIVING HIM ALL KIND OF CRAB

 

[Haddy]

ok, today i went to the district office to get an interim EAD, since i applied for one exactly 90 day ago, and havent received it yet.
after i got to theoffice, gave my infopass letter,the person at the window made me wait for a while, and i saw a lot of other people coming and going, finally she came up, and gave me employement authorization application to be filled, after i filled gave it back to her, she said you need to come back next tusday to get your EAD issued, and you need to go down stairs to get your fingerprint taken, i was like, finger print for the EAD, or for I 485, she replied no, it is for your I485, i was like what about the nam check, she said, IT HAS BEEN CLEARED.
so i went got my finger print taken, i expect this to be done soon, because the 2nd finger print usually take only hours, or days.
i am soo releaved, because i know i have to get this done before July, to be able to keep my graduate program offer.
it wouldnt hapen without the help and th support of you guys, last few days, was other, today is me, and soon the rest, keep up the good fight.
Good luck everyone.

Congratulations Brother... Mubrook... You really deserve it... You have been helping every one out here... very well done...

 

[Suzy977]

In a resolved WOM case, does it matter who files for dismissal? I mean can anyone tell me if there is a benefit for filing a stipulation to dismiss signed by both parties rather than filing a notice of dismissal signed only by plaintiff. I am going to file a dismissal of my WOM today and US Attorney told me that since they haven't filed anything with the court previously, they don't need to sign it and I can go ahead and file a notice of dismissal (I got the form from the court website). Any opinions?

Just sign it yourself if your case was approved.

 

[Suzy977]

ok,
i am soo releaved, because i know i have to get this done before July, to be able to keep my graduate program offer.
it wouldnt hapen without the help and th support of you guys, last few days, was other, today is me, and soon the rest, keep up the good fight.
Good luck everyone.

CONGRATULATIONS

 

[buggin]

buggin and all friends here, I am so happy today b/c I got my summons stampted today. But I got a question. I have a summon for each defendant say I have 6 defendants so I have 6 summons total. Should I mail them original one or should I mail each copy of the summon to the defendants? Also I should include the complaint but not exhibits right? Thank you very much for your help in advance. Please help me asap b/c I want to mail them out tomorrow. Thanks!

Hi Fightback,
My court clerk told me that I need to send the original summons to the court together with proof of service. So, I made copies to send to the defendants. Your court may have different rules. I think it is ok to send copies. I doubt the defendants will even read your complaint since everything is handled by the US Attorney.
Good lack.

 

[buggin]

Now this is the SUZY we all know... Suzy I totally understand your point filing on Monday... ok this is the scenario... DO's deadline was 06/06/2006 and Michael Chertoff's deadline on June 17...

Haddy,
When was the US Attorney served?

 

[buggin]

After reading the Fed Rules for Civil Proc:

the United States, agency of the United States, or an officer or agent of the United States sued in an official capacity must file a written response to the complaint within sixty days after the united states attorney is served.

I think AUSA was clever and waiting for the last moment to file his motion to dismiss my case. I mentioned earlier about the deadlines: Local USCIS DO deadline was 06/06/2006... Chertoff's deadline is 06/17/2006... but i forgot to mention and had totally forgotten until now... that the Local US Atty's Deadline is 06/09/2006 as Civil Process Clerk were served on 04/10/2006...

Does any one know some kind of rule around the above mentioned Fed Rules for Civil Proc...

Haddy,
Haven't you read any of my previous posts on this topic? Just kidding.
If you served the US Attorney's office on 4/10, their 60-day period expires on 6/10, which is a Saturday. Since this is not a working day, you need to go to the following Mon., which is 6/12. Such are the rules for calculating the deadline. That is why the US Attorney hasn't filed the answer yet. I bet he is going to file something on Monday.
Do you agree?