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

[mohamedmohamed]

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.

you can do either one, if i was you i will keep it till i find out what USCIS are going to say.
by the way, you should ask them and see if your name check have been cleared, chane is that it have, or you can ask your congressperson/senator offic to do tht for you, they can get a quicker answer from them.

 

[milashka]

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.

Suzy 977, buggin, thank you very much for your quick response.
The court clerk assigned a judge to my case right away too. When I asked her about additional pappers which I should fill out and send to the defendants or to the court, she said "no, you just have to serve all your defendants and US Att. with the complaint, summons and exhibits".
The clerk didnt ask me to except a Magistrate Judge in writting while I was filling my complaint. Buggin, I think your right it is just a notice lets everyone know that we can request a magistrate judge if all parties agree on one. I will call the clerk of court on Monday and clearfy it for sure.
Thank you guys for your help and support.

 

[dispressmom]

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.

Thank you Suzy. This would be one of ammo in my complain.
My mom has been back home, she doesn't want to become illegal immigrant, she said in my family, no one break the law, she doesn't want to be the first one.
I have not finished reading all the pages yet( too busy with school, housework and baby). But I will file the lawsuit during school break. I am still trying to convince my hubby, he doesn't want to support me at all in this case. His English is much better than me, but he told me he will not get involve in anything in this case. He told me I would have to do all by myself plus taking care of baby,school and housework.

Although I sent a mail to my interview officer, he didn't reply at all. I don't think he will reply my case. So I won't count on his letter anymore.

 

[kenny485]

Hey Guys,

Mohamed, Suzy, SuperK, Publicus (if is there), pharmboy, Faizullah... every one...

Look at these two files... Any suggestions will be appreciated... and some one was right about the AUSA trying to intimidate me... I think I have 2 weeks to file an answer... please let me know... everyone... PLEASE HELP ME... I have never felt this bad for long time...

I know everyone is busy... and the first file is really too long... but still I will really appreciate if you all can look at it and help me prepare my answer... I will appreciate it...

Haddy,
I sent you two responses that you can use it is on page 214. Hope it helps.

 

[ejb2k]

1447b got denied in N. CA

Too bad, here is the 1447b case got denied in N. CA due to "lack of jurisdiction"!?

Can somebody help us interpret this? I can't find the original complain on PACER though.

 

[BoFromUkr]

Too bad, here is the 1447b case got denied in N. CA due to "lack of jurisdiction"!?

Can somebody help us interpret this? I can't find the original complain on PACER though.

This is not a judgement, but a motion by US Attorney to dismiss the case due to the 'lack of jurisdiction'. It does not mean that the case was denied.

 

[ejb2k]

Ok, but my question is why is he able to do so..isn't everybody on
the street,especially in CA , knows "court gets the jurdiction" by now?

This is not a judgement, but a motion by US Attorney to dismiss the case due to the 'lack of jurisdiction'. It does not mean that the case was denied.

 

[Dubu]

90 days, 30 more to go...

Just so I am in line with everybody, Day 1 starts on Interview date, right? Was interviewed on 03/14/06 and 120th day would be 07/11/06 counting from interview date...

I am meeting with an attorney next week for $100 and I faxed my complaint a week a head of time. I talked to another attorney in my district who has been to a hearing for her client (1447b) and the client's application has been pending for one year! The attorney said the Judge has been siding with the Gov't on pending security checks which aint making me feel at ease. My situation is rather unique since I enforce laws (Federal, State & local!!)...and it just doesn't make sense for a law man to have "pending security checks."

 

[RealSuperK]

Ok, but my question is why is he able to do so..isn't everybody on
the street,especially in CA , knows "court gets the jurdiction" by now?

The most probable answer is that they are buying some time. From their point of view, it's better to file something instead of not filling anything at all by the 60 day deadline.

 

[RealSuperK]

Just so I am in line with everybody, Day 1 starts on Interview date, right? Was interviewed on 03/14/06 and 120th day would be 07/11/06 counting from interview date...

I am meeting with an attorney next week for $100 and I faxed my complaint a week a head of time. I talked to another attorney in my district who has been to a hearing for her client (1447b) and the client's application has been pending for one year! The attorney said the Judge has been siding with the Gov't on pending security checks which aint making me feel at ease. My situation is rather unique since I enforce laws (Federal, State & local!!)...and it just doesn't make sense for a law man to have "pending security checks."

Wow, that attorney must be special. The case he/she is representing made it all the way to the judge? As opposed to all the cases we've had here that got settle before it went that far? Translation - the attorney is full of crap and have never had a single 1447(b) case. Next thing you know, he'll tell you that it will be $20,000 because lawsuits against the government are a long and hard thing to do.

 

[RealSuperK]

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.
Balto

In her defense though, her job is to represent her clients. Intimidation is a part of the game.

I have always been amazed how two lawyers can be biggest jerks to each other's clients in the courtroom and then go have a beer and a good laugh afterwards like nothing happened before. It truely must be a skill.

K

 

[Dubu]

Wow, that attorney must be special. The case he/she is representing made it all the way to the judge? As opposed to all the cases we've had here that got settle before it went that far? Translation - the attorney is full of crap and have never had a single 1447(b) case. Next thing you know, he'll tell you that it will be $20,000 because lawsuits against the government are a long and hard thing to do.

Her retainer fee was $5000. And I think she knows what she's talking about...My DC is in the first circuit, even the clerk's office said 1447b aren't common here!! The filing fee I was told was $39!

 

[Balto]

Human Being vs Lawyer

In her defense though, her job is to represent her clients. Intimidation is a part of the game.

I have always been amazed how two lawyers can be biggest jerks to each other's clients in the courtroom and then go have a beer and a good laugh afterwards like nothing happened before. It truely must be a skill.

K

That's why my realtor once said that he could have been in law school and become a lawyer but he choose to preserve his reputation as a human being instead.

Though I don't disgree that "her job is to represent her clients. Intimidation is a part of the game", but saying the plaintiff has no ground for WOM b/c "no decision has been made" is pure bull shit, that is what the WOM is all about, to compel for a decision. WTF is she thinking?

Balto

 

[RealSuperK]

That's why my realtor once said that he could have been in law school and become a lawyer but he choose to preserve his reputation as a human being instead.

Though I don't disgree that "her job is to represent her clients. Intimidation is a part of the game", but saying the plaintiff has no ground for WOM b/c "no decision has been made" is pure bull shit, that is what the WOM is all about, to compel for a decision. WTF is she thinking?

Balto

She's probably thinking "Gawd damn it, did those morons in USCIS set me up AGAIN and now I have to come up with some BS to file by the deadline? I know that what I'll say is laughable, but what are my options?!? I can't do anything till the name check comes in anyway!"

As for lawyers vs human beings. I had a pleasure of being the defendant in a car accident lawsuit. A $500 fender bender that the plaintiff claimed somehow gave him permanent bodily damages. Would have been funnier if I wasn't involved but I digress. So, during the trial (yes, we had a jury to make a decision, what a waste of tax payers money), his lawyer is all over me, my lawyer (well, my insurance's lawyer) is all over the plaintiff. Then the case goes to the jury and our lawyers get together and start chatting away "How are the kids? How is that mutual friend? How is another mutual friend?" I mean, literally as if they just bumped into each other after a long time and needed to catch up. I was thinking "Wow, just an hour ago they behaved like they were about to kill each other! Good thing I went with an MBA instead of a law degree! There is no chance in hell I'd be able to do that!"

 

[mohamedmohamed]

This is not a judgement, but a motion by US Attorney to dismiss the case due to the 'lack of jurisdiction'. It does not mean that the case was denied.

hye Bofromuk
whats happen with your case, we have not heard anything from you? the 60 day fro th eUS attorney is your case should almost over

 

[khalafah2000]

PACER questions

i just got my PACER login/id, but it would be active tomorrow. i have now few questions about PACER after browsing through its related docs like manual, brochure, nature of suit doc etc. i have now few questions. would appreciate help from pacer gurus.

- how can i view all 1447b cases filed in all US district courts, which pacer site do i need to go to view such cases?
- would it also show me the 1447 cases settled without the trial and a judge verdict? i assume that majority of cases for this forum got settled without trial.
- what would i input as the search criteria to view 1447b cases filed in NJ? Do i need to go to Query screen and search based on a specific option, which option is it?
- what would i input to search if i know the attorney name who is claiming to file a 1447b case in NJ but hasn't provided me the case number? would i use the Query screen and the search based on person name with type option set to Attorney?
- do i have to logon to the court where i would be filing my case to view it, like i am in NJ, should i be logging in to the following site?
https://ecf.njd.uscourts.gov/cgi-bin/login.pl

 

[Jzheng]

Pacer login

khalafah2000,

Here is the site you need to login:

https://pacer.login.uscourts.gov/cgi-bin/login.pl?court_id=00idx

After login, choose "Civil Court". Then select your region "New Jersey", case filing dates.... For "1447b", you need to put in "890" for the "Nature of Suit (NOS)", you will see a list of suit filed during the dates you select.

You definitly will find the one you filed.

 

[sfaizullah]

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.

Wow, congratulations Mohamed!!! Great to see this note. You have been a source of help and inspiration to all here.

Best Regards

 

[sfaizullah]

Hi,
Another update: I did mail (via USPS Certified Return Receipt Requested) the return of service (did complete back of each summons) and wrote one page letter stating that "I certified that I sent Petition+Exhibits+Summons to the following on so&so date... and I listed the US Attorney and five defendants with their addresses." I included the originals per the court clerk.

I sent the exact copy to US Attorney (again via USPS Certified Return Receipt Requested).

Both parties should get them tomorrow.


Best Regards

One more update on my case: I received a reply from USCIS in response to my letter to Mr. Chertoff (that I wrote prior to filing my case under 1447(b)). Basically it is the same, "Dear Dr. XXX,.... name check pending... blah blah." Not any useful information. I just filed it for the day if the judge wants to see my correspondence with officials.

I received another letter, this one is from Mr. Hooton and it is of some use. It is in response to my letter to White House (dated 03/28/06) which was forwarded to DoJ which was then forwarded to FBI. After a lengthy discussion about the FOIPA results and name checks (perhaps that I cited that FOIPA showed "no records"), it states that my name check request was received from USCIS on 05/14/05 (so the first InfoPass agent was right and not the second which said 05/08/05; not that it matters -) and then it states that "the submission was processed and finalized on 05/31/06. The results were forwarded to the USCIS Headquarters, Washington, DC."

So, it is done but it does not say what the result is. I suppose this is the common language they must be using? Any comments Suzy, Mohamed, BigK, other friends?

One can conclude that letters to White House are more useful than the Congressman, Senators or USCIS/DHS/FBI. I would suggest to folks who are waiting to complete their 120 days before filing their 1447(b) to write to White House on priority basis as it took around 2 months and 10 days for me for the answer to come. With this information before my filing, perhaps I would not have needed to file.

On my 1447(b) front, I called the District Attorney's office on 06/08/06 (after a month and 3 days from my filing and a little less than a month since serving the District Attorney). The lady who received my call forwarded me to another lady who took my case# and after a while came back and asked for my phone and told me he will contact me. I politely asked about his name and she said so far no one is assigned to my case. I did not push it and said I will call next week.

Question: do I send Mr. Hooton’s letter to the court and District Attorney?

Just curious, do you think that it had also something to do with my case or it is entirely based on White House intervention?

I personally think it is not related to my case filing which makes me think that it is a good idea not to waste months with Congressman/Senators and write to others (like White House) later where you will not have sufficient time and will rush to file. I am not suggesting that you do not contact Congressman/Senators offices, please do so to show to the judge, if need be, that you tried other avenues, but do not wait until they reply back to you, most like after 60 days, stating the same thing the interviewing office told you.

Best Regards

 

[Haddy]

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.

Does any body know the rule about the Green Card... Do they count 2 years time period after filing or do they count 2 years after filing the application... i am talking in reference to GC without any condition... as we all know they eomtimes also stamp an djustment of status on your passprt and i think that is where there is condition that you have to 2 more years before can apply for GC without any condition...