Here is a little bit more about G325A information:
http://www.imminfo.com/resources/cis-sop-aos/7-3-3.html
http://www.imminfo.com/resources/cis-sop-aos/7-3-3.html
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Amir,
I’m in the same boat; I filed my lawsuit in Houston, Texas in early April. You shouldn’t let them bully you. I content that you need to study your stuff and promptly respond to the US Attny point to point, they have a very weak argument in my opinion. If you want to win this, you need to be prepared to go to court. I also believe that you can do this Pro Se, if you think that you cannot then I can refer you to an attorney.
Feel free to drop me a line on amaryousif@yahoo.com if you want to discuss your case with me, I’ll be happy to help, after all, I will probably get the same answer a few weeks down the road.
Yousif
I’m in the same boat; I filed my lawsuit in Houston, Texas in early April. You shouldn’t let them bully you. I content that you need to study your stuff and promptly respond to the US Attny point to point, they have a very weak argument in my opinion. If you want to win this, you need to be prepared to go to court. I also believe that you can do this Pro Se, if you think that you cannot then I can refer you to an attorney.
Feel free to drop me a line on amaryousif@yahoo.com if you want to discuss your case with me, I’ll be happy to help, after all, I will probably get the same answer a few weeks down the road.
Yousif
Amir/Houston said:Hello everybody,
I don't know if you guys remember or not, I filled mine (1447) on 3/02/06 and I just received the answer via e-mail from US attorny. I think they denied because of lack of jurisdiction. I don't know what is the next step that I should take. I appreciate any advise.
Thanks
Defendants, through the United States Attorney, Answer Plaintiff’s Petition for Hearing on Naturalization Application, addressing the consecutively numbered paragraphs seriatim:
INTRODUCTION
Paragraph 1 describes the nature of the action, to which no answer is required.
PARTIES
First numbered Paragraph 2 is admitted in part and denied in part. Defendants admit that Plaintiff ******, is a lawful permanent resident. Defendants are without sufficient knowledge to admit or deny Plaintiff Rahighi’s current address. Defendants admit that Plaintiff *** was interviewed concerning his Form N-400 naturalization application on July 11, 2005, and that no decision has been made on the application since that date.
#2. Second Paragraph 2 describes Defendant Alberto Gonzales to which no answer is required.
Paragraph 3 describes Defendant Michael Chertoff to which no answer is required.
Paragraph 4 describes Defendant Emilio Gonzalez to which no answer is required.
There is no Paragraph 5.
Paragraph 6 describes Defendant Sharon Hudson to which no answer is required.
Paragraph 7 describes Defendant Robert Mueller to which no answer is required.
JURISDICTION
Subject to Defendants’ First Affirmative Defense, jurisdiction over the subject matter of this suit is admitted.
TRUNKATED
SECOND AFFIRMATIVE DEFENSE
One or more of the allegations in the Petition fails to state a claim upon which relief can be granted.
RealSuperK
Registered Users (C)
needsolution said:
I just find the whole jurisdiction argument laughable. Courts all over the US hear these cases and find that they have jurisdiction, but nooooooooo, not the district court where Amir filed his complaint. That one is special!
breezyemily
Registered Users (C)
summon defendent address
Oct2005 and Kenny485,
I thought for employee of DHS, one should file with office of the General Consel. Here are the addresses I used:
Alberto Gonzales
Attorney General
U. S. Department of Justice
950 Pennsylvania Ave, NW
Washington, DC 20530-0001
Michael Chertoff
Secretary, Department of Homeland Security
Office of the General Counsel
US Department of Homeland Security
Washington, D.C. 20528
Emilio Gonzalez
Director, USCIS
Office of the General Counsel
US Department of Homeland Security
Washington, D.C. 20528
Robert S. Mueller
Director, Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Avenue
NW, Washington, DC 20535-0001
Emily
Oct2005 and Kenny485,
I thought for employee of DHS, one should file with office of the General Consel. Here are the addresses I used:
Alberto Gonzales
Attorney General
U. S. Department of Justice
950 Pennsylvania Ave, NW
Washington, DC 20530-0001
Michael Chertoff
Secretary, Department of Homeland Security
Office of the General Counsel
US Department of Homeland Security
Washington, D.C. 20528
Emilio Gonzalez
Director, USCIS
Office of the General Counsel
US Department of Homeland Security
Washington, D.C. 20528
Robert S. Mueller
Director, Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Avenue
NW, Washington, DC 20535-0001
Emily
Emily,breezyemily said:
I think you are definitely correct as per AILA. but I have seen in some posts and on PACER complaints it shows the Director USCIS as 425 I street. In any case what address will you put for the District director in your location? as he or she is an employee of DHS it should be Office of general counsel, but people put the local address.
I will put the local address for the local district director USCIS, and I agree with you on the above addresses.
Can someone verify if they mailed summons to Emilio Gonzalez and got it delivered with a retun receipt, and what address it was sent to?
breezyemily said:
Emily and Kenny485,
From what I read this thread, the summons for Chertoff and the Head of CIS must be sent to the Office of the General Counsel for DHS in DC. My observation is that most people used the local address for USCIS district director. Hope that would not cause any problem. Good luck!
I sent my summons for the DO Director to the local DO address. I think that's actually beneficial since they are the ones closest to the case.
Which is why - I think - I received a new fingerprinting notice from the DO Director two weeks after he received the summons.
Which is why - I think - I received a new fingerprinting notice from the DO Director two weeks after he received the summons.
sfaizullah
Registered Users (C)
Suzy977 said:I don't want to gamble with your money, $350 plus other expenses, but I believe USCIS either is not going to respond to you, or you'll get a generic answer saying that your Name Check is pending...
It's only your call to wait or to file the lawsuit, like I've said, in my opinion their answer, if any, won't help you at all...but I don't want you to make a decision based on what I think...
The Name Check is done by NNCP an FBI branch.
G325 is the USCIS Biographic Information form. I really don't understand why she will make such a notation
Thanks Suzy! I am intending to file this Thursday.
Suzy/Mohamed/others,
Two brief questions: 1. I have seen some applications also include the departments as well as their directors. Is there any advantage in doing this?
2. Should CIA director be inculded? I was of the opiion till yesterday that I will not... now this G325 comment, which I think is mostly due to lack of the local agent's knowledge, made me unsure..
Best Regards
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Amir/Houston
Registered Users (C)
Thanks for the help and advise evry one
I just want to say thank you every one for your help and support,
I believe according to rules , I don't need to file a respond since I automattically reject the DA answer. I read this in the pro se package.
I think , I have to wait for the judge to schedule a court date.
Thanks
I just want to say thank you every one for your help and support,
I believe according to rules , I don't need to file a respond since I automattically reject the DA answer. I read this in the pro se package.
I think , I have to wait for the judge to schedule a court date.
Thanks
RealSuperK
Registered Users (C)
Amir/Houston said:I just want to say thank you every one for your help and support,
I believe according to rules , I don't need to file a respond since I automattically reject the DA answer. I read this in the pro se package.
I think , I have to wait for the judge to schedule a court date.
Thanks
Good luck. Keep us posted on the developments.
I'm supposed to recieve an answer early next week. Based on the phone conversation I had with the ADA last week, I think I'm gonna get the cookie cutter answer and probably I'm going to court too. I dare them to bring out the whole jurisdiction argument along with "we deny the violation of 8 USC 1446" stuff. The memo I got will make them look like they don't know what they are talking about in front of the judge. Besides, I happened to be present at the time of creation of my FBI file, so I'm sure the judge would love to hear what kind of nonsense prevents normal people like me from getting everything processed in time. For good measure, I'll also throw in something along the lines of "I don't understand how FBI can allow name checks to be pending for years if it's a matter of national security"
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sfaizullah
Registered Users (C)
Amir/Houston said:I just want to say thank you every one for your help and support,
I believe according to rules , I don't need to file a respond since I automattically reject the DA answer. I read this in the pro se package.
I think , I have to wait for the judge to schedule a court date.
Thanks
Amir/Houston,
You may want to show to make your residence clear (just make available documents to show that your reside there). When reading the memo you posted it left that impression on my as if they can not verify your address (it maybe an over-sight on mybehalf but you want to make sure).
Best Regards
Amir/Houston
Registered Users (C)
sfaizullah said:
Well, I don't know what the hell is this address thing that they came up with.
On all my letters that I receive from ,CIS,FBI, congressman,senator and....etc, I had my address on them. I don't think so they need copy of my driver licence , phone bill, bank and credit card statement to verify my address+ Southern district of texas covers a buch of counties anyway.any way I will make copy of my driver licence bank stament, phone bill and other stuff and will file with court and sent copies to DA office. It sounds funny that they deny the jurisdiction because of my address thing. may be it is the formal thing that they do for all cases , just to say something.
Thanks
Amir
sfaizullah
Registered Users (C)
lt1GM said:
It1GM,
For Director FBI did you use DG office address (as FBI is under DHS)? I see some folks are sending it to Edger J. Hoover building address.
Also, I don't know whther I should file in Trenton or Newark? I am in Middlesex county and believe Newark may be the right one.
Best Regards
brightstar
Registered Users (C)
Guys
When someone files the Mandamus lawsuit in I-485, does the court have jurscdiction over the case or USCIS? If someone knows the answer for sure, please inform.
When someone files the Mandamus lawsuit in I-485, does the court have jurscdiction over the case or USCIS? If someone knows the answer for sure, please inform.