Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
sfaizullah said:
sfaizullah,
I sent my summons to the Hoover Building address. And it looks like you should file in Newark, check out http://pacer.njd.uscourts.gov/ and click on "Directory". Hope this helps!
sfaizullah
Registered Users (C)
Suzy977 said:
Once again thanks Suzy! What I also wanted to know is whether one include USCIA & DHS in addition to Dr. Gonzalez & Mr. Chertoff? I saw cases where only the individuals were named and saw others where both the department & individuals were named.
Suzy/Mohamed/all,
In prayer section, is it a good idea to in sert an alternative (for example ask USCIS to adjudicate the application) in addition to asking the court to approve the naturalization application for the plaintiff. I could see the pros & cons of both. Please share your thoughts.
Best Regards
sfaizullah
Registered Users (C)
lt1GM said:
Just to be sure: Mr. Chertoff & Dr. Emilio Gonzalez (both summons to GC address); Mr. Mueller to Edger J. Hoover building address; Newark DO Director summons to her Newark address; Mr. Alberto Gonzales to his DC address and US Attorney to his Newark NJ address. Am I right?
For USCIS Newark DO Director. Ms. Andrea Quarantillo, I have the following address, please confirm:
Andrea Quarantillo
Director, Newark District
USCIS, 970 Broad Street
Newark, NJ 07102.
Also, in Summons "an answer... within 60 (sixty) days after service..." is what we use (i.e., 60 days)?
Best Regards
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mohamedmohamed
Registered Users (C)
personally i have avoided to add the FBI, and CIA in may complauint, because i dont want the USCIS to make an excuse out of it, and say we did our work, but the FBI didnt, i want to keep all teh blame of the Uscis, because the M. Cannon said that they can finish any name check within 24-48 hours, if the uscis ask them to do so,sfaizullah said:
sfaizullah
Registered Users (C)
mohamedmohamed said:
Thanks Mohamed!
I will not include CIA but I intend to add FBI so that maybe they will complete the name check as a result of the law suit and also I have written to many in DHS (Mr. Cannon, Mr. Hooton, Mr. Mueller & Mr. Chertoff for help to expedite)...but one cared even to aknowledge receiving the letters.
I do not see any point to include departments alongside their directors.. so I will stick with people only.
In prayer section, I am thinking to only ask court to approve and adjudicate my application and no alternative.... is it risky?
Best Regards
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sfaizullah said:
In fact this is the whole idea for 1447(b)...I didn't read all your posts and I don't know were you are and how "sympathetic" the District Courts are with cases like yours, but like I've always said...if you do your homework good they (USCIS) don't stand a chance.
sfaizullah
Registered Users (C)
Suzy977 said:In fact this is the whole idea for 1447(b)...I didn't read all your posts and I don't know were you are and how "sympathetic" the District Courts are with cases like yours, but like I've always said...if you do your homework good they (USCIS) don't stand a chance.
Thanks Suzy! There is not much out there about these cases in NJ and so I don't know where the court stand (in fact I asked this very question in this forum few weeks ago).
Regarding the prayer section, I have seen some NJ cases and I saw that some prayer section include the primary point of asking the court to adjudicate the case and some words for recoverying the cost and that is it... others had the same main point of requesting the court to adjudicate but also adding an alternative of ordering USCIS to adjudicate the application in 30 days (or so). The first option is upto the point and if the court is CA courts then it is best. The second option will be fine if the court is not that sympathetic to applicants but somehow are also not happy that USCIS is voilating the statutes so it can order USCIS to do their job by some specific deadline. So, this is why I am asking which one will be better...
Best Regards
sfaizullah
Registered Users (C)
Mr LA said:
Thanks Mr. LA! Per this document (page 15), the name check through IBIS and criminal background is done by FBI for N-400 cases... and both of them happens before the interview is scheduled. That's why all those who completed their interview receives "no records" in response to their FOIPA.
Question to all, where is this FBI name check coming from? Is it that the government themselves don't know the process?
Best Regards
sfaizullah said:
Now, by the letter of the law, the litigation under 1447(b) clearly strips USCIS of its jurisdiction over your case and this is the whole purpose of the lawsuit, of course besides having the Court to decide your Naturalization application.
What if USCIS is ordered to adjudicate the case and they will deny your application because...you don't have the FBI clearance, and the Judge gave them, let say, 20
days to come up with a conclusion...
The Judge can't order them to approve your case, s/he can order USCIS only to have the case adjudicated in a certain amount of time.
Finally it's your call, this is only my personal opinion, maybe others should come up with their viewpoint.
RealSuperK
Registered Users (C)
Suzy977 said:
Well, somewhere in this thread I remember there is a testemony of the guy in charge of name checks at FBI who says that they will expidite a name check if asked by USCIS. That's what I'll be gunning for in the worst case - send the case back to USCIS with an order from the judge to expidite the name check. I'll try to make absolutely clear that I'm not trying to avoid the name check altogether, I'm just trying to speed it up.
Technically, if USCIS could deny cases only because the name check didn't come back, they'd start denying cases left and right. Why have a backlog of a half a million cases if you can just send out denial letters be done with it? There is gotta be a reason why they don't do it. Besides, what if USCIS denies your case because the name check isn't done and then it turns out that your name check IS done but theit database isn't updated. Then they opened a whole different can of worms.
Now, here is my question. I bet if/when I go to court, the ADA will be claiming that the name check is just one of many checks they do and it doesn't have to be the name check that is holding up the application. Is there any way to find out which checks have been done and what's the hold up? Would all that info be in my A file when I request it during the pre-trial phone conference with the judge?
mohamedmohamed
Registered Users (C)
your file should include every steps of the processing that is completed and should include also anything related to your case, like your correspondence,they can not deny your case if they know you have some in your background that is a disqualfying factor, but they can not deny it just because they havent completed the name check, because is their job to do, to finish all the checks, between USCIS and FBI.RealSuperK said:
i dont inted to ask for name expedition, because i think way byond that point, expedition, mean making something faster than it supposed to be, we all know every one here is at least years behid the schedule, but what i inted to ask is to put an end to the long delay in may case, and i think there is a difference.
asking for expeting your case, imply you are asking for some special treatment, asking to end the delay , indicate that you want your case to be processed within its processing time standard, or as soon as possible after that.
i hop we recognize this point.
lawsuit
Hi Guys:
I have a few questions. We filed our WO in end of March and so far we have not received any response. Meanwhile I had applied for my EAD at Washington DC office. Now what happens is that as per their site the processing time for EAD is past by two three weeks and I haven't received my EAD. I don't know USCIS is playing with that because we filed the lawsuit. What you guys think, please share your thoughts.
Also Is it mandatory to send the return receipt to court and US attorney. where you get the Proof of service form?
Hi Guys:
I have a few questions. We filed our WO in end of March and so far we have not received any response. Meanwhile I had applied for my EAD at Washington DC office. Now what happens is that as per their site the processing time for EAD is past by two three weeks and I haven't received my EAD. I don't know USCIS is playing with that because we filed the lawsuit. What you guys think, please share your thoughts.
Also Is it mandatory to send the return receipt to court and US attorney. where you get the Proof of service form?
sfaizullah
Registered Users (C)
Suzy/Mohamed/ReaSuperK/It1GM/all others
Please review below and let me know if the references to statutes are correct (I used a model petition copy that was posted here):
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JURISDICTION
8. This Honorable Court has jurisdiction pursuant to INA § 336(b), 8 U.S.C. § 1447(b) (jurisdiction for hearing on naturalization in certain cases of delay); 28 U.S.C. § 1331 (federal question jurisdiction); 28 U.S.C. § 2201, the Declaratory Judgment Act; 5 U.S.C. § 701, the Administrative Procedures Act; 5 U.S.C. § 552(a)(4)(B)(Freedom of Information Act) and 5 U.S.C. § 504, the Equal Access to Justice Act.
VENUE
9. Venue in the District of New Jersey is appropriate pursuant to 8 U.S.C. § 1421(c) because Plaintiff resides within the district and the administrative decisions delaying Plaintiff’ applications for naturalization were issued by the NEWAR, NJ Office of CIS, located within this district.
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Best Regards
Please review below and let me know if the references to statutes are correct (I used a model petition copy that was posted here):
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JURISDICTION
8. This Honorable Court has jurisdiction pursuant to INA § 336(b), 8 U.S.C. § 1447(b) (jurisdiction for hearing on naturalization in certain cases of delay); 28 U.S.C. § 1331 (federal question jurisdiction); 28 U.S.C. § 2201, the Declaratory Judgment Act; 5 U.S.C. § 701, the Administrative Procedures Act; 5 U.S.C. § 552(a)(4)(B)(Freedom of Information Act) and 5 U.S.C. § 504, the Equal Access to Justice Act.
VENUE
9. Venue in the District of New Jersey is appropriate pursuant to 8 U.S.C. § 1421(c) because Plaintiff resides within the district and the administrative decisions delaying Plaintiff’ applications for naturalization were issued by the NEWAR, NJ Office of CIS, located within this district.
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Best Regards
karenina_a
New Member
Hell,everyone!
I started a lawsuit against USCIS on April 15,2006 and I did step by step learning from Publicus's experience.Today I got a phone call from aFBI agent who told me that he has no idea about my case and FBI doesn't have anything to do with Background check.He sugested I call 1-800-USCIS number to get the info on my case.Otherwise, I just have to wait.
Does anybody has the same situation?Thank you
I started a lawsuit against USCIS on April 15,2006 and I did step by step learning from Publicus's experience.Today I got a phone call from aFBI agent who told me that he has no idea about my case and FBI doesn't have anything to do with Background check.He sugested I call 1-800-USCIS number to get the info on my case.Otherwise, I just have to wait.
Does anybody has the same situation?Thank you
brightstar
Registered Users (C)
Did you include the FBI as defendents? If not, they will not expediate you name check.
RealSuperK
Registered Users (C)
karenina_a said:Hell,everyone!
I started a lawsuit against USCIS on April 15,2006 and I did step by step learning from Publicus's experience.Today I got a phone call from aFBI agent who told me that he has no idea about my case and FBI doesn't have anything to do with Background check.He sugested I call 1-800-USCIS number to get the info on my case.Otherwise, I just have to wait.
Does anybody has the same situation?Thank you
Hm... they called you just to tell you that they have no idea what's going on? This reminds me of one post in this thread where somebody who filed the lawsuit got a letter from the USCIS (that looked like anything but an official letter) telling him/her that the USCIS can deny his application if he/she doesn't take it back or something along those lines. Why would an FBI agent reply to lawsuits? And what's an even better question, why would anybody waste their time calling the 1-800 number?!?
On the positive side, at least it looks like you got their attention. Don't worry, and don't take this call seriously.
mohamedmohamed
Registered Users (C)
sfaizullah
there is the document you have asked for
there is the document you have asked for
mohamedmohamed
Registered Users (C)
am sure there are to many ways to do this, but i will attache few cases fron NJ, filed by lawyers, you can compare , and see which one you like most.sfaizullah said: