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

Dear nickoxx , it sounds you have good insight to this WOM thing , as you remember in earlier thread i posted , USCIS sent me RFE asking me about donation i made back on 2013 which was very silly thing because it was charity donation to US based organization .
Now they received my response on March 4th , they updated their website , still no updates , their attorney from OIL office is saying : Given the circumstances and as we are working on resolution Mr.Sabia may volunterily dismiss the case , or the defendant has till April 18 to answer.
I am really not sure what to do next , their RFE is so biased , my attorney advises me to keep the WOM , while i lean forward dismissing it as she said in previous email that this matter may resolve shortly after the USCIS receive my response , but nothing happened since March 4th .
any advice here ?
 
nickoxx said:
Thank you, Sergey. I wish your trip ends soon positively pretty soon.
Since your defendants' attorney has already contacted you, I think you'll hear some news petty soon. They have 60 days to respond to your complaint, and I don't think they'd be willing to go to the court.
I'm surprised that your case (N-400) got stuck and you had to file 1447b. I do get the situation with my wife's N-400 to a certain degree, but in your case...
Keep us posted and I'd be happy to help you or others with thoughts/ideas.
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Yup, I hope too. Idk why it is being delayed. Maybe because self-employed, maybe because moved to DE. Idk. But I'm sure that if they wanted they could contact me loooong time ago. Four months is more than enough to solve any question etc.
 
edsab said:
Dear nickoxx , it sounds you have good insight to this WOM thing , as you remember in earlier thread i posted , USCIS sent me RFE asking me about donation i made back on 2013 which was very silly thing because it was charity donation to US based organization .
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What was the donation? Can you give me more details? You can send me a PM and include your RFE notice.
edsab said:
Now they received my response on March 4th , they updated their website , still no updates , their attorney from OIL office is saying : Given the circumstances and as we are working on resolution Mr.Sabia may volunterily dismiss the case , or the defendant has till April 18 to answer.
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No case dismissal until they have their decision ready. Of course, they're not gonna tell you the decision, but, at least, they'd say we;re ready to move on either way.
edsab said:
I am really not sure what to do next , their RFE is so biased , my attorney advises me to keep the WOM , while i lean forward dismissing it as she said in previous email that this matter may resolve shortly after the USCIS receive my response , but nothing happened since March 4th .
any advice here ?
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Your attorney is correct - no dismissal yet: you gotta have something.
So, what happened on March 4th? You responded to USCIS' RFE or what? More details, please.
 
nickoxx said:
What was the donation? Can you give me more details? You can send me a PM and include your RFE notice.

No case dismissal until they have their decision ready. Of course, they're not gonna tell you the decision, but, at least, they'd say we;re ready to move on either way.

Your attorney is correct - no dismissal yet: you gotta have something.
So, what happened on March 4th? You responded to USCIS' RFE or what? More details, please.
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Thank you for your response Nickoxx , on March 4th they received my response and updated my status , I just PM your inbox.
This is so tough I have been waiting forever for this matter.
 
nickoxx said:
I don't think, your request to Attorney will help, since there's no official case assigned. And since they have more crap to deal with, they won't move an inch to resolve (or try) it.
So, my suggestion is: wait for their e-mail/mail reply, give them a month for that.
If nothing happens, file a WOM. As you see from my previous posts, I went through the same crap, well except filing the WOM. So now you need to move them somehow or it will just get dusted.

The only difference is: with 1447b - it's mandatory for USCIS, with WOM - it's recommendation.
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So, they replied with "We cannot proceed with your case since the required security checks are incomplete". I am getting conflicting advise from two attorneys. My primary who helped me file says we can go ahead and file a complaint at the court. Another attorney from a community organization consulted other immigration attorneys with all my paperwork and said he's inclined to wait until at least 1 year has passed. In my case, i'm at the 11 month mark since filing, and 10 months since biometrics and have not had an interview yet. I suppose after the interview, the agency would like take the full 4 months+ nagging to conclude?! Lol I know i'm being pessimistic. But mannn the wait can be frustrating.

Any suggestions?
 
Also, is it unreasonable for me to ask my primary lawyer to draw up the complaint and meet me at the court house to file it, and I'd bring the payment with me to the court? Just so that I know when it's filed and stay on top of it the entire process?
 
WK2016 said:
So, they replied with "We cannot proceed with your case since the required security checks are incomplete". I am getting conflicting advise from two attorneys. My primary who helped me file says we can go ahead and file a complaint at the court. Another attorney from a community organization consulted other immigration attorneys with all my paperwork and said he's inclined to wait until at least 1 year has passed. In my case, i'm at the 11 month mark since filing, and 10 months since biometrics and have not had an interview yet. I suppose after the interview, the agency would like take the full 4 months+ nagging to conclude?! Lol I know i'm being pessimistic. But mannn the wait can be frustrating.

Any suggestions?
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Did you meet them to ask about your case and they told you that you are in background check? Did you have an interview with them for naturalization?
 
baolocdo said:
Did you meet them to ask about your case and they told you that you are in background check? Did you have an interview with them for naturalization?
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'They' refers to the District Office Chicago Director and staff responsible for correspondence; this was all via email. You may need to go back a few pages to see the summary of my actions. I have not had an interview yet, and that's the frustrating part.
 
WK2016 said:
'They' refers to the District Office Chicago Director and staff responsible for correspondence; this was all via email. You may need to go back a few pages to see the summary of my actions. I have not had an interview yet, and that's the frustrating part.
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Oh I remember your case. It is good that they replied to you via emails. The office in Santa Ana is extremely unresponsive. Anyway, I am not a lawyer so I cannot tell whether you should go ahead. If you already waited for 11 months, I think drafting a complaint will take about a week or two so you would likely have waited a year.
For my case, my lawyer sent out the warning and it has been more than 2 weeks since the date he's supposed to send out the complaint but he's still not sent any since he is waiting from the response from my previous lawyers to get the documentations. I have been pushing him to send out ASAP.
 
I applied for N 400 aplication for in 1-2013 and trying make phone calls and info pass many times, started contacting congressman since 7-2015 till 2-2016 not single movement in my file. so I thinking to file 1447b to make my file move and get to the decision.
before file for the case can some one help me with a sample of INTEND TO FILE SUIT CASE LITTER, PLEASE
Thank you.
 
trustindustrial said:
I applied for N 400 aplication for in 1-2013 and trying make phone calls and info pass many times, started contacting congressman since 7-2015 till 2-2016 not single movement in my file. so I thinking to file 1447b to make my file move and get to the decision.
before file for the case can some one help me with a sample of INTEND TO FILE SUIT CASE LITTER, PLEASE
Thank you.
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Have you been interviewed already? If no interview happened, you file WOM. 1447b applies only to post-interview delays (no decision done after 120 days since your immigration interview).
 
I had my interview on 5-30-2013 and the decision not done yet. dont know what to do I dont like sue any body but i used every single choice i have.
1- Called USCIS
2- Inquire through InfoPass& Service requests
3- Opened a case with the Ombudsman
4-Asked my local Congressman to inquire on my behalf
 
I am thinking to send them one more last choice I have in my hand DEMAND LETTER to bring their attention to my file. may be they will do something.
my wife and my son are overseas and I am going back and fort trips are just “brief and sporadic I want to bring them to stay and live with me. would that be a problem to go back and fort for less than 6 months, guys? please help.

Period Shorter Than Six Months


thank you
 
trustindustrial said:
I had my interview on 5-30-2013 and the decision not done yet. dont know what to do I dont like sue any body but i used every single choice i have.
1- Called USCIS
2- Inquire through InfoPass& Service requests
3- Opened a case with the Ombudsman
4-Asked my local Congressman to inquire on my behalf
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Wow! You've waited that long: for almost 3 years.
No intention letter needed (waste of your time and energy). Just file your 1447b, like I did.

Me (US citizen) and wife went through steps 1-3 as well, step 3 was the last: contacted US rep and that was it. The 1447b complaint followed up and no intention letters or so.

Result: exactly 3 months after the complaint was filled with local District Court, me and wife attended the Oath Ceremony and 3 days later she had her US passport ready (she's travelling to Canada by plane, so we rushed that service with local passport agency).
 
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trustindustrial said:
To file 1447b needs a good expression to convince the Judge, right? I have no idea how to start to file 1447b
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Not at all. Just use the template (see attached).

Prior to all this, visit your local DC in person (or on-line), ask/search for Pro Se )without attorney) application package. If you're not comfortable being alone, search for an attorney.
You'll have to check this template with your local DC, adjust to your needs, as well as summons.

If you have questions, don't hesitate to ask.
This is the template that I've used, adjusted to my needs. Also, you can describe in your complaint what you've done prior your 1447b submission.
 

Attachments

  • complaint_1447b_chicago_completed.pdf
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Hi Folks,
I used to be very active on this forum but moved on with life later with kids and work. If you search by my user id, you will find that I lived and breathed this stuff! good times :)

This is a wonderful community of people who are willing to share their knowledge with others who are in need of this critical information.

Of course, Rajiv Khanna's dedication and expertise is legendary!!

I posted a question in another sub-forum about how to go about changing the name after having gone through Naturalization. Here's the link and I would appreciate if you could share your thoughts on it:

http://forums.immigration.com/threads/anyone-gone-through-name-change-after-naturalization.330758/

Good luck to all who are going through the draining process of waiting for long times. There's light at the end of the tunnel and by doing someone to move your cases, you have already started on that journey to your final goal. Keep it up and don't lose heart. It's all worth it in the end.

Focus on the process and you will be surprised that by learning more about the process and filing the right documents and following up, you would have move the case through the Govt machinery that sometimes moves slower than one's liking and end up with your desired outcome, case adjudicated!

Take care!
 
nickoxx thank you for helping me out. you are so kind.

USCIS SAID,
On May 30, 2013, we mailed a request for initial evidence for your Form N-400, Application for Naturalization , Receipt Number 9999999999. The request for evidence explains what we need from you. We will not take action on your case until we receive the evidence or the deadline to submit it expires. Please follow the instructions in the request for evidence.
They asked in the documents for 2011 Tax. I had 30 days to submit the form w2. I had a letter on my mail box in 6-8- I downloaded the form from IRS Website, paid 57$ fees and send it to IRS. I waited till 6-26 I was nervous 'Couse the dead time is coming 6-30-2013 I printed out the receipts of the 57$ from the bank and copy of the form I fill up to show USCIS I have attempt to send the file tax of 2011 but I have not receive it yet from IRS. and there you go as a secondary evidence I submitted the copies.

My question is the USCIS said that they has not received any documents.
I sent it as a regular via post office mail.
dont know what to do to proof I had sent the copies before the dead time. any help guys with be appreciated.
 
goodguy1200 said:
After waiting for 134 days, I filed my pro se 1447 lawsuit yesterday. I included Director (USCIS), Deputy Director (USCIS), USCIS District Director, USCIS District Field Director, USCIS Chief Counsel, Attorney General of US, US Attorney of the district and FBI director as defendants in the lawsuit.

The court filing fees are $400 and I mailed summons by first class certified mail with US postal mail green receipt card. Mailing cost is around $8 for each summons. So, it came to 8*8 = $64 for all 8 summons.

If anyone needs help, I will be glad to help them and give the lawsuit document
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would you know how to file the 1447b in Denver, Colorado, pleas? to whom I send the documents? and also if you could send me your document so I will the same as yours. pleeeease? I stuck for almost 3 years.
 
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