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

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.

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
Not to forget the AUSA assigned to my case who told me to wait for a "dacade" like others to get my case resolved... But I am still happy that most of the world is not like this... those people are lucky who are getting AUSA assigned to their cases who are really trying to work with you and resolve your cases...
 
FedoraCore said:
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
Thank you FedoraCore... I noted your point this is a very good point... and I am also looking for all the WOM cases... and actually I need every ones help who ever sees a WOM case filed due to delay in name/background check... please if you can write the case number and the district court name that would be great... if I remember there was something going on where every started writing their Natz/WOM cases... it was kind of a list... those days my computer was giving me trouble and I had to format mycomputer and lost years and years of work... if someone still has it and put it up here that would be great too... and I appreciate everyone's help... working 2 jobs and trying to write up my response... I apologize if have not thanked someone for helping me in one form or other... thank you everyone...
 
kenny485 said:
Haddy,
I sent you two responses that you can use it is on page 214. Hope it helps.
Kenny, these responses are really good and they do help me... thank you for your effort and when the time comes i will put all my work in a nice presentable way here... right now it is mess like me... :eek:
 
Yesterday I was unable to get into Imm Forum and now pacer website is not working... yesterday I felt like they banned our website for filing lawsuits against USCIS... :D :D :D
 
sfaizullah said:
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

I didn't even try Congressman/Senators before I filed my lawsuit. I looked one of them up, saw his stance on immigration and figured that it was gonna be a waste of time.

But it does sound like your name check is in. If I were you, I'd let the whole freakin' world know about it - DA office, USCIS, etc. I'd definitely show them a copy of that letter, just in case they start doing their usual blah blah blah like they always do at Infopass.

Hmmmm, pretty soon, White House will need its own post office (or if they have one already, will have to triple the size) to process all the letters they get from people like us! :)

K
 
fightback said:
Haddy,
After you finish your journey with WOM, you will be another hero here! Remember, you are not alone, there are lots of people like you here! We all support each other! Be strong! You will win the battle!
thank you fighback...
 
mohamedmohamed said:
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

Hi Mohamed,

First of all, congratulations to you!!!
Still no news. I know that US Attorney from Western KY (not Eastern) reached out to my lawyer about a month back. He wanted to know my A#, etc. There was no communication since than. I am not aware of the exact deadline date (again my lawyer has the receipts), but my estimate is 6/16. I'm very anxious to see what happens.

Let us know when you hear more. I'll do same...
 
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sfaizullah:

Thank you for your information. Do you have a copy of template of the letter that you sent to white house? It will be very nice that I can have a copy of it so that I can prepare my letter. Also, do you have the mailing address for white house? Thank you very much.

Jack


sfaizullah said:
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
 
questions

Hello everybody,

Tomorrow is the day for me - I am going to the court to file.
I still have some last minute questions, some of which are specific for Central Distrcit of California (LA):

1. what is a blue-backed copy or original?
2. who do I list as interested parties? all of the defendants? myself?
3. in the civil cover sheet - there's a question whether you are aware of cases related to your case? I know there must be plenty of cases, but i do not know specifics, case numbers, etc. what should be my answer? civil cover sheet stays with the clerk for statistics purposes.
4. Do I need to punch holes for them to put into binder, or it can be done in the court?

thank you all!
 
fightback said:
sfaizullah said:
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."


It's a great news that your name check is cleared. I think you should make infopass with USCIS and show them FBI's letter and to see what they are going to respond to you. It's a good news anyways!

What is the address for the white house you wrote to? Even I already filed WOM, after I saw your success, I want to write to White house too. Would you please post your letter without your real personal info? Thank you very much in advance!

The address is 1600 Pennsylvania Ave, Washington, DC 20502. My letter was a very simple letter that you would write... Dear Mr. Bush, President of USA,.... just briefs of my case/some timelines/asking for his help/thanking him. I think it is important to write, don't worry about the format and besides only the Presidential Correspondence Directory or her/his assistant will read it :).
 
cajack said:
sfaizullah:

Thank you for your information. Do you have a copy of template of the letter that you sent to white house? It will be very nice that I can have a copy of it so that I can prepare my letter. Also, do you have the mailing address for white house? Thank you very much.

Jack

The address is 1600 Pennsylvania Ave, Washington, DC 20502. My letter was a very simple letter that you would write... Dear Mr. Bush, President of USA,.... just briefs of my case/some timelines/asking for his help/thanking him.
 
RealSuperK said:
I didn't even try Congressman/Senators before I filed my lawsuit. I looked one of them up, saw his stance on immigration and figured that it was gonna be a waste of time.

But it does sound like your name check is in. If I were you, I'd let the whole freakin' world know about it - DA office, USCIS, etc. I'd definitely show them a copy of that letter, just in case they start doing their usual blah blah blah like they always do at Infopass.

Hmmmm, pretty soon, White House will need its own post office (or if they have one already, will have to triple the size) to process all the letters they get from people like us! :)

K


Thanks BigK! How can I send it to USCIS? I believe that now I filed suit, I can not directly contact them (via InfoPass or any other means). Am I wrong?

I will send a copy to court and another to District Attorney. Is there a form I should be using to add this to my file with court?

One last question, the letter doesn't say if it is cleared but it says it processed and finalized. What does it mean?

Best Regards
 
Sfaizhllah:

Thank you for your help. Since the white house get this kind of letters every day, I am really surprised that they read them. :) Did you call white house to follow up the letter before you get the response from them?

Thanks,

jack

sfaizullah said:
The address is 1600 Pennsylvania Ave, Washington, DC 20502. My letter was a very simple letter that you would write... Dear Mr. Bush, President of USA,.... just briefs of my case/some timelines/asking for his help/thanking him.
 
WOM filed in St. Paul, MN

Hi, everyone:
I am a long time reader of this forum but seldom participate in discussions. This is one of the greatest forums i have ever seen. After two years endless waiting I filed WOM of I-485 on 5/5/06 following the advices and footprints of all of the pioneers in this forum. I just say thank you to all of you.
I served US attorney on 5/9/06. Today I called the AUSA to introduce myself and asked her the progress of my case. She said she is familiar with my case and will file a response by due day (around 7/9/06). She was very polite but didn't give me any other details. Her response didn't seem like a good sign to me because apparently she hasn't done or will not do anything to my case before she file the response by due date, which means that she may just file a motion to dismiss the case. I am not afraid to fight to the end with them but this means I have to wait and waste more time on this thing.
But at the end of the conversation, I did mention to her that FBI will expedite my name check if USCIS requests. She said she will check with USCIS to see if they can expedite my NC and let me know. Hopefully she will keep her promise.
 
cajack said:
Sfaizhllah:

Thank you for your help. Since the white house get this kind of letters every day, I am really surprised that they read them. :) Did you call white house to follow up the letter before you get the response from them?

Thanks,

jack

No I did not call. It took roughly a month and half to receive the reply but then there was only two week that the name check was completed since the reply from White House and 10 more days that I received the letter... so I believe the agencies do act when the letter is forwarded from White House.

One additional side benefit (for future generations of legal immigrants) by writing to WH is that they will know the issues of legal immigrants in addition to noticing the issues (albeit of different nature) of illegal immigrants.

Best Regards
 
milashka said:
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.
Milashka,
If the court clerk told you to mail only the complaint, summons, and exhibits to the defendants, and you did it, you should be fine. I wouldn't worry about the magistrate judge notice.
Keep us posted on the progress of your case. And remember that we are always here to help.
 
sfaizullah said:
The address is 1600 Pennsylvania Ave, Washington, DC 20502. My letter was a very simple letter that you would write... Dear Mr. Bush, President of USA,.... just briefs of my case/some timelines/asking for his help/thanking him. I think it is important to write, don't worry about the format and besides only the Presidential Correspondence Directory or her/his assistant will read it :).

Thanks for the help. Did you mail the letter certified or just regular 37 cents? :) Thanks!
 
dispressmom said:
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.

Your mom is a very wise woman. I agree with her. There is nothing that would make me intentionally break the law. If only everybody had the same kind of mentality.....

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.

Yes, read the whole thread before you put together your petition. This is all you will have to do, just keep reading. And don't be afraid to ask questions. Somebody on this Forum will answer them.

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. :(

Sorry to hear about this..... :( Well, you can't force him to do what he believes he shouldn't do. But you know what? You'll get all the support you need here. Don't worry and just do what you believe is the right thing to do.
 
ejb2k said:
Too bad, here is the 1447b case got denied in N. CA due to "lack of jurisdiction"!?

Ejb2k, what makes you think that the petition was denied in this case? Did you actually see the court order or disposition denying it?

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

I read it through. It is difficult to understand what all the denials mean without seeing the original complaint. The claim that the court lacks jurisdiction under Fed Rules of Civ Procedure 12(b)(1) doesn't make sense to me.
 
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