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

i don't think so

mohamedmohamed said:
i remeber way back, i dont know, around the page 70 ish, some oen said that one of the uscis office in new jersey tld them that you dont have to wait for the 3 years period form the date of your GC approval to apply for a citizenship, does any one remember who was that person , or know any information about this exceptions, other than the military people, and their spouses.
the reason is i have my i 485 pending for longer than 3 years, but i have been physically in the country for the last 6 years, so i will try to see if the uscis will count the period of pending i 485 toward resident requirement, any idea?
i think it is worth trying, but i like to see if i can gather any supporting documents or info, because i dont want to take them to court for this, but i have feeling that it can be negociated.
i appreciate any input
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hey man Congratulations for your NC.
now to answer your post, the rules are clear... you can download the guide to citizenship on the USCIS website. I was like you, as soon as i am eligible for something i apply for it. i read the guide thoroughly.
The bottom line is that you get to apply 3 months before you are eligible. i have seen threads where the application is returned even if it is 2 weeks before that.
Also, the minimum time to wait is 5 (4yrs & 9 months) years after your 1st GC stamp if you are not married. and 3 (2yrs and 9 months) years if you are still married. Go ahead and read for yourself :(
 
kabi24 said:
hey man Congratulations for your NC.
now to answer your post, the rules are clear... you can download the guide to citizenship on the USCIS website. I was like you, as soon as i am eligible for something i apply for it. i read the guide thoroughly.
The bottom line is that you get to apply 3 months before you are eligible. i have seen threads where the application is returned even if it is 2 weeks before that.
Also, the minimum time to wait is 5 (4yrs & 9 months) years after your 1st GC stamp if you are not married. and 3 (2yrs and 9 months) years if you are still married. Go ahead and read for yourself :(
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i know you ar eright, but there are some exceptions they havent metioned, for exeple, when you get your green card more than 2 years from the time you have filed for it, they count that pending period, toward the waiver of the conditioned peremeanent resodency, and they gove you the 10 years GC, similarly when your 485 have been pending more than 3 years, 6you should be able to count that toward your citizneship time.
actually, i have asked for that in my law suit, it is some i have to discuss with the us Attorney, bet he is on vacation, and wont be back till the 19th of the month, i know it is a long shot, but it worth trying, some one have post here that uscis officer in the new jersey office have told him that he hdoesnt have to wait for the 3 years, if his application have been pending for a long time,what am saying is they should give this case exception not as a special treatment, but as was to fix their mistake of delaying your case all these years.anyways thank you, i will dig arround , and see if i can find anythign to support,this.
 
jayh said:
Screaming Eagle and absrao, a USCIS officer told me that since we've been married >3 yrs and in pending status ~3 yrs, I'll get the 10-yr GC directly, plus I can apply for N-400 right after I get that GC. For the latter I go to that USCIS webpage http://uscis.gov/graphics/services/natz/Special.htm to double check, it reads: "...after residing continuously in the United States for three years if immediately preceding the filing of the application", instead of "3 years after becoming lawful permanent resident"...I know this is confusing. I'll check again with other USCIS officers next time.
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this was on the post # 1078 i like to fololow up on it, and get to the bottom of it
Screaming Eagle and absrao, a USCIS officer told me that since we've been married >3 yrs and in pending status ~3 yrs, I'll get the 10-yr GC directly, plus I can apply for N-400 right after I get that GC. For the latter I go to that USCIS webpage http://uscis.gov/graphics/services/natz/Special.htm to double check, it reads: "...after residing continuously in the United States for three years if immediately preceding the filing of the application", instead of "3 years after becoming lawful permanent resident"...I know this is confusing. I'll check again with other USCIS officers next time.

Quote:
I am glad you are able to apply for your US citizenship. To my understanding, if you are married to a US citizen, you can apply after 3 years (The 3 years starts from the date of your green card approval which is the day you became a legal permanent resident). Prior to GC approval, applicant is consider a resident under a pending application status and not a permanent resident. The only exception is, if you are a combat service member of the US armed forces.

I am not sure which GC you have received, is it the two years (conditional resident one) or the 10 years one?. I remember many years ago, my GC was approved and I have received a stamp on my paspoort. I waited 2 years to receive the GC which was expired by the time I have received it. Three months prior to the expiration date of the conditional GC, applicant will have to file a condition removal form to receive the permanent GC (valid for 10 years).


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Last edited by jayh : 10th April 2006 at 03:44 PM.
 
naturalization

this is what was posted on the uscis website:

Spouses of U.S. Citizens

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;


the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and


the applicant meets all other naturalization requirements.
 
Mr LA said:
Hello all

I have spoke with U.S attorney today, was very nice guy, professional person, kind, well respected person, I introduced my self, and I gave him my case #, he mention to me that they have sent inquiry to the USCIS same day they got my complaint and he will get back to me in 2 or 3 weeks, if NOT I should call him back. He told me this kind of cases will finish with 60 days the court give them .So I hope the best. :)

The best to all of us :)
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I've told you: you will be pleasantly surprised, US Attorney is a professional, well educated, mannered and most of the time nice person ;)

You're on the right track, with an US Attorney who works with you, you can't lose.

Soon you'll be at the Convention Center with other 4,999 applicants becoming an American citizen.
 
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kenny485 said:
The petitioner won.

I have all the court dockets, I can attach if you like.

I have one question though, some I-485 WOM uses code 540 on the civil cover sheet, yet I have seen some uses 890 on the I-485 WOM also.
Which one is correct? I know the 890 is definetly for 1447b, but is it also for I-485 WOM or code 540.
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Kenny,
Thank you very much for your quick answer. My code is 540 and it's given by the court b/c I did not fill out the cover sheet(does not need for ProSe). I saw it from the PACER. So I guess it should be code 540 for WOM.
For that lawsuit, I hope that case can be useful for Haddy for now and may be useful for any of us who filed WOM with same problem. Thanks!
 
Not Always, Suzy:)

Suzy977 said:
I've told you: you will be pleasantly surprised, US Attorney is a professional, well educated, mannered and most of the time nice person ;)

You're on the right track, with an US Attorney who works with you, you can't lose.

Soon you'll be at the Convention Center with other 4,999 applicants becoming an American citizen.
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The one that SuperK had was a real b**ch, judged by the content of what she wrote on record in several of her responses. "Professional" was far beyond her league.

Mr. LA, I am so jealous! You filed affter me and it seems you are going to get it sooner than me, but I am happy for you, man! :D

MohamedX2, congratz, be lated :rolleyes:

Balto
 
Balto said:
The one that SuperK had was a real b**ch, judged by the

MohamedX2, congratz, be lated :rolleyes:

Balto
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thank you, just wish luck in my next fight, the uscis made me wait 3 years for this, now, i want my nbaturalization, they should let me apply for it any ways, the name check will take them another 3 years,
 
Balto said:
The one that SuperK had was a real b**ch, judged by the content of what she wrote on record in several of her responses. "Professional" was far beyond her league.
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Even the best garden in the world has its weeds here and there :D
 
You know guys my DA wont event answer my phone calls. Since I filed the complaint, I have been trying to get hold of him and his paralegal would answer and would ask if she can give him a message. I got to his phone couple of times and always got his voice mail :mad: . His paralegal wont even give me his extension. isn't that weird?? they have few days for the 60 days to be up.

As for Hady, stand your ground. File your answer and hold your ground... you should say that you are a tax payer and under the due process of the constitution, they can't hold your application indefinetly without at least a valid reason, because this is a form of punishment to you and your family. Also goto pacer and look at all the mandamus cases in your court
 
I filed the complaint under 1447(b)

Hello everyone, :)
I finally filed the complaint with my District Court.
I was surprised that a clerk of court was clueless regarding my petition. (I know from PACER website that there is at least 5 other complaints have been filed in this District Court in Febuary, March and April of this current year) She admitted that she never filed such cases before and had to call her supervisor for the assistance. They have been nice and friendly but not informative at all :rolleyes: . According to the Local Rules a clerk took only an original and one copy of petition for a judge and herself (she didnt take a copy of petition for a U.S. Magistrate Judge :confused: and didnt provide me with any additional documents :confused: ). In the spot a clerk stamped the summonses. My husband served the US Attorney of District Office with the summons and complaint on the same day. Then I filed a Certificate of Service and "return of service" documents with the District Court. On the same day I served all my Defendants by Certified Mail with a return receipt.
Today I saw my case on the PACER. The Court filed my petition and Notice of availability of a United States Magistrate Judge to exercise jurisdiction. I know it is a regular procedure but I dont know how to respond to it???? Should I send this Notice to each Defendants and US Att or just ignore it???
Folks, would you please clearfy this for me?
Also I dont understand why clerk didnt file my proof of service yet? :confused:
 
milashka said:
Hello everyone, :)
I finally filed the complaint with my District Court.
I was surprised that a clerk of court was clueless regarding my petition. (I know from PACER website that there is at least 5 other complaints have been filed in this District Court in Febuary, March and April of this current year) She admitted that she never filed such cases before and had to call her supervisor for the assistance. They have been nice and friendly but not informative at all :rolleyes: . According to the Local Rules a clerk took only an original and one copy of petition for a judge and herself (she didnt take a copy of petition for a U.S. Magistrate Judge :confused: and didnt provide me with any additional documents :confused: ). In the spot a clerk stamped the summonses. My husband served the US Attorney of District Office with the summons and complaint on the same day. Then I filed a Certificate of Service and "return of service" documents with the District Court. On the same day I served all my Defendants by Certified Mail with a return receipt.
Today I saw my case on the PACER. The Court filed my petition and Notice of availability of a United States Magistrate Judge to exercise jurisdiction. I know it is a regular procedure but I dont know how to respond to it???? Should I send this Notice to each Defendants and US Att or just ignore it???
Folks, would you please clearfy this for me?
Also I dont understand why clerk didnt file my proof of service yet? :confused:
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If they ask you to accept a Magistrate, just sign the paper and accept him/her.
You don't need to send it to the defendants or US Attorney.
 
Haddy:

Thank you for your response. I called FBI and get the answer. My fingerprinter was sent back to INS on 2/11/06. Now I know background check, namely name check is the only thing left on my case. Thank you for your help and good luck on your case and we will all on your side to help you. Take care,

Jack

Haddy said:
That number was 304 625 2000. When you call this number you tell who ever first comes on the phone... you tell them that you are calling to find out about your fingerprints... they transfer your call to a customer service rep... the customer service rep asks your name and A# and tell you your most recent fingerprint results... I hope this is what you are looking for... let me know if I can be of some help...
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milashka said:
Today I saw my case on the PACER. The Court filed my petition and Notice of availability of a United States Magistrate Judge to exercise jurisdiction. I know it is a regular procedure but I dont know how to respond to it???? Should I send this Notice to each Defendants and US Att or just ignore it???

Milashka, did the court clerk assigned a judge to your case when you filed your petition? In my case, the clerk did it right away. She still gave me a Notice of availability of a magistrate judge (they do it by default), even though she had already assigned the judge to my case. I did sent copies of this notice to my defendants when I served them with the complaint and summons. I think id you do have a district judge assigned to your case, you don't need to worry about this notice. The notice just lets everyone know that they can request a magistrate judge if they want one.

Folks, would you please clearfy this for me?
Also I dont understand why clerk didnt file my proof of service yet?

Maybe they just didn't get to it yet. I mean filing the proof of service. Court clerks have their own backlogs.... ;) I would call them up and ask why is it that you don't see proof of your service on PACER.
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Hi, I am back.
I just got a letter from FBI said
"A search of the automated indices to our central records systeme files at FBI Headquarters located no records responsive to your FOIPA request. Although no records responsive to your FOIPA request were located, we are required to informa yoy that you are entitled to file an administrative appeal if you so desire. Appeals should be directed in writning to the Co-Director, office of information and Privacy, U.S. Depart of Justice...., within 60 days from the date of this letter...."

What does that mean?
 
dispressmom said:
Hi, I am back.
I just got a letter from FBI said
"A search of the automated indices to our central records systeme files at FBI Headquarters located no records responsive to your FOIPA request. Although no records responsive to your FOIPA request were located, we are required to informa yoy that you are entitled to file an administrative appeal if you so desire. Appeals should be directed in writning to the Co-Director, office of information and Privacy, U.S. Depart of Justice...., within 60 days from the date of this letter...."

What does that mean?
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Means good. FBI doesn't have any records of you.
The last part, about appeal...is standard wording, nothing special, nothing for you to worry about.
 
Attach the FOPIA result to the 1447b petition or not?

Question for all the 1447b experts here:

What is the recommended stratgey? Attach it to the petition or save as ammo and show later?

Thanks.

Suzy977 said:
Means good. FBI doesn't have any records of you.
The last part, about appeal...is standard wording, nothing special, nothing for you to worry about.
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