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

kamara1 said:
nickoxx Sergey I called and spoke to the US attorney, she sounded polite, and said she contacted uscis but she has not heard anything from them. what do I do they still have 3weeks to file an answer to the complain.. thanks
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kamara1, keep bugging the defendants' attorney (which is your local attorney). Also, please, make sure you track any activity on your case, so you stay up-to-date. For this you can use PACER or (like in my case) call your DC and ask for any motions.
Do you have an e-mail notifications on your case?

If nothing happens, you'll have the hearing scheduled, and, most likely the judge will rule in your favor.
But, I'm 100 positive that you will hear something withing those 3 weeks. In my case the case started moving on the last week of January and my deadline was February, 12th.
So, just relax and don't over-stress yourself.
 
Received clerk certificate from FL court where my ticket was dismissed. Now I guess I have ALL information that they need. Will double check everything tomorrow or on Monday. Now it's 12 days till 2nd interview.
 
trustindustrial said:
Hello every body, Please guys need help with this before I apply for my 1447b
Should I add my kid and my wife with me when I apply for 1447b in Complain part.
I applied I-30 application form for both, my 2 year old son and my wife , they are overseas and I go back and forth stay in USA for some time and go back to be with them. I applied for them last Auguts/05/2015 their application are still pending.

Thank you guys.
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No, you don't have to. They're still in I-130 process of obtaining GCs only. In addition, 1447b pertains only to the delayed N-400 apps after the interview took place.
 
SergeyR said:
Received clerk certificate from FL court where my ticket was dismissed. Now I guess I have ALL information that they need. Will double check everything tomorrow or on Monday. Now it's 12 days till 2nd interview.
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Patience, patience and one more time: patience, buddy:cool:. You're getting there.
 
Nickoxxx, thank you for your reply. I won't add them thank you so much. yes 1447b for delay N-400. I just sent Inquiry to Senator of Colo for my family.
Agian thank you and please please stay with us and help us here at this side.
 
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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Hello Jarek.

Do you know who were current defendants in your WOM prepared during your time.I am in similar situation and planning to do same.

Very much appreciate your help with same.

Kind regards

Bish
 
trustindustrial said:
Nickoxxx, thank you for your reply. I won't add them thank you so much. yes 1447b for delay N-400. I just sent Inquiry to Senator of Colo for my family.
Agian thank you and please please stay with us and help us here at this side.
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You shouldn't have bothered your Senator: it's gonna be waste of the time, trust me: I went via my local Rep - got standard bla-bla-bla.
Man, you've waited extremely long, you need to act, don't hesitate/delay with 1447b.
 
on cover sheet, what do I fill here

"VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):"

Is there any sample of cover sheet, and other the attachments? Thanks.
 
I cannot view any attachment in this thread. Can someone please point to me some samples of Cover Sheets, and different attachments? Thanks much.
 
wellboy said:
on cover sheet, what do I fill here

"VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):"

Is there any sample of cover sheet, and other the attachments? Thanks.
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8 U.S.C. §1447(b).
There should be some samples on this forum, if not try to Google for. Unfortunately, I don't have saved Google searches.

Also, different DCs have different requirements and specs for the docs to be submitted. What is your location?
 
nickoxx said:
8 U.S.C. §1447(b).
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"8 U.S. Code § 1447" seems for people who already had interview.

My N400 is stuck on FBI name check for almost one year. I have not had interview scheduled yet. Should I use "8 CFR 335.3(a)" for that?



I logged in, but could not find any attachment. So strange.
 
Hello @wellboy I am in the same boat as you.My one year is going to be on 17 April 2016 and I am planning to file WOM.My FBI name check and security checks have been cleared but still Case received status for one year now.Where is you service center and what you planning to do?
 
wellboy said:
"8 U.S. Code § 1447" seems for people who already had interview.

My N400 is stuck on FBI name check for almost one year. I have not had interview scheduled yet. Should I use "8 CFR 335.3(a)" for that?



I logged in, but could not find any attachment. So strange.
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In your case, you may want to file WOM, not 1447(b)
 
baolocdo said:
In your case, you may want to file WOM, not 1447(b)
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So I should write "Writ of Mandamus" on "VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):" ?

Sorry but this is fairly confusing.
 
Eur Ing Bishnujee Singh said:
Hello @wellboy I am in the same boat as you.My one year is going to be on 17 April 2016 and I am planning to file WOM.My FBI name check and security checks have been cleared but still Case received status for one year now.Where is you service center and what you planning to do?
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I am waiting on my one year mark to file WoM pro se, but struggle to figure out what to do.

How do you know your FBI name check/security check is cleared?
 
Hello nickoxx, and every body else,
I talked to a lawyer and said that Assuming that 1) you chose not to proceed with Naturalization because you had filed your N-400 based upon being an LPR for 3 years, and 2) by now have likely been an LPR for 5 years, why not just file a new N-400?

since I applied in 05/2013 based on married to USA Citizen. after divorced I sent a letter to withdraw the application N-400 to USCIS. after few months didn't hear from USCIS about the letter I sent I did INFOPASS to check. Officer told me your file still open and not close yet he checked the computer he looked at me and told me that you can keep it open just go ahead and send a letter asking to keep your file open and also ask to cancel the withdraw letter you sent. I left USCIS Office and 2 days later I sent a letter

( On June 24, 2015 I have submitted a Letter to USCIS to notify that effective immediately cancel withdraw form N-400 I previously filed with USCIS Denver Field Office and keep my file open)

My Question is should I agree with the lawyer and file again for new N-400 after all these years and file a new N-400 based on 5 years?

I can't believe what the lawyer said. USCIS told me you can keep your file open even after I sent them a letter told them I got divorce, and now this lawyer told me to file new one based on 5 year? I am stress out and I wish I get my citizen today before Tomorrow so I bring my kid and my wife to live with here in usa.
I can't wait any longer to start from the beginning
 
Did you pass 5 years timeline or you are within 3 months to the 5 year date? I did a some research before applying for naturalization for 5 years. Basically, if you are applying before 5 year anniversary of your green card day, USCIS can deny you based on what you are telling them. However, after 5 year date, they have to look for evidence to deny you. In your case for example, they could deny your application if you applied based on 3 year marriage. It would be harder for them if you apply after 5 year date. I will find the documents that I read to show you.
Disclaimer: I am not a lawyer to give you correct advice. I am an immigration just like you so my English might not be better. I think you should ask as many good lawyers as you can. Better yet, research as much as you can. Your life is on your own hands, not some lawyers' hands.

If you have Permanent Green card, you can still petition your wife and your kid. It might take around 2 years but they can get the green card too.
 
Thank you Baolocdo,
I am already passed 5 years as a Permanent Green card holder. now it has been 5 years and 4 months.
Can I go ahead and file 1447b or file a new N-400 based on 5 years?
I am afraid if I file new one they will take an other year or 2 to schedule my interview and I will find myself going through hard time again.
I wanted to file new one a year a go but Since they told me you can keep your file open so based on what I was told I sent a letter to keep my file open.
Please guys help?
 
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