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

congrat

bashar82 said:
USCIS sent me an e-mail requesting a fax number so that they can send me an appointment notice for my oath this Friday (5/5/06) at 3PM!!!

congrat Bashar all your hard work finally paid off , i have a question for you since you field in VA , i just field last week in Aleaxndria court ,VA under 1447 (b) i served the secrtary of DHS but i didn't serve the Genral Councel . Do you think i should serve the GC as well ? and if i have to do that can i just go to the court and get a onther copy from the complaint and serve them . because when i asked the clerk she told me about serving the GC she told you just need to serve the deffendts and the US attorney . but no need to serve the GC and as you know i don't want lose my case because i didn't serve the right person . thank you for your help and good luck .
 
andrew2006 said:
Guys,

Just spoke with my attorney and here is his explanation:

There are generally two types of reasons why the FBI name check is stuck:

1) FBI simply doesnot reply back to USCIS. This is because your name is "index-popular", or somehow stuck in the transmission, or whatever...

Interesting, I have been told that my name check is pending due to "indices popular". Does anyone here know what that exactly means? Thanks!
 
Please let me know if these addresses for Summons are correct

Please let me know if these addresses for Summons are correct:

Christopher J. Christie
United States Attorney
District of New Jersey
Newark U.S. Attorney's Office
970 Broad Street, 7th Floor
Newark, NJ 07102

Andrea J. Quarantillo,
Director, Newark District
U.S. Citizenship and Immigration Services (USCIS)
USCIS, 970 Broad Street
Newark, NJ 07102

Robert S. Mueller, III, Director of FBI
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pensylvania Ave., NW
Washington, DC 20535-0001

Emilio Gonzalez,
Director of U.S. Citizenship and Immigration Services (USCIS)
Department of Homeland Security (DHS)
Office of the General Counsel
Washington, DC 20528

Michael Chertoff,
Secretary of the Department of Homeland Security (DHS)
Office of the General Counsel
Washington, DC 20528

Alberto R. Gonzales
US Attorney General
US Department of Justice
950 Pensylvania Ave., NW
Washington, DC 20530-0001.

Also, do I have to send two summons to US Attorney for District of NJ?

Best Regards
 
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Only one copy to the US District Attorney. Why would you send two? The addresses look good, they're what I used. BTW, the clerk wrote "60 days" on my summonses.
 
RealSuperK said:
The lawyer basically recited the official explanation for delays. USCIS will never tell anybody what "pending" means. FBI doesn't respond to name check status requests from individuals anymore. If you go to Infopass, all the USCIS agent tells you is what he/she sees on the screen - "name check is pending, sorry, not our problem". So, to summarize - USCIS doesn't give you any info, FBI doesn't give you any info, you can't get any information out of anybody. There is no way to find out where the name check is.

As for cases that ligitemately takes months and years... If all this is done in the interest of national security, why in the world would they let somebody who has "negative information" on file roam the US for years without checking out that person as soon as possible? What if the person is taking those years to prepare the second coming of 9/11? They can't be on both ends of the issue at the same time. If they do that for purposes of national security, they fail at their job miserably and should be punished for that. If all these delays happen because of some other reason, admit it, fix it and stop throwing "national security" in everybody's face.


I think you misunderstood what I mean. He thinks WOM works best for those who just have a popular name or mishandled by USCIS. The "negative" feedback refers to anything which could be derogatory, meaning, he appears in one investigation (but he is only a witness), or a similar person is the FBI target. If this is the case, someone in either FBI or USCIS has to read the whole file and make a conclusion.
 
bashar82 said:
USCIS sent me an e-mail requesting a fax number so that they can send me an appointment notice for my oath this Friday (5/5/06) at 3PM!!!

Mabrook, Congratulations, yaaa bashar82

You deserve the best my friend, I wish people here should learn something about NOT to wait, waiting is slow killer for people like us “ looking to be citizen”. My 120 days will end May 10, and I am filing on May 15, inshallah, I have done all my paper work. The law is clear, you just need to read and understand it. :)


All the best to all of us ....
 
lt1GM said:
Only one copy to the US District Attorney. Why would you send two? The addresses look good, they're what I used. BTW, the clerk wrote "60 days" on my summonses.

I thought only one copy but someone said that I need two. Maybe just two copies of complaint not two copies of summons.
 
lt1GM said:
Only one copy to the US District Attorney. Why would you send two? The addresses look good, they're what I used. BTW, the clerk wrote "60 days" on my summonses.

Question, why you guys are suing FBI. FBI says they can finish the job in 24-48 hours if USCIS requests. FBI has no idea of your priority date, they only work according to the date that USCIS submitted your G325. Also, FBI can't adjudicate you. :)

Just a thought, if you sue FBI, then U.S. Attorney can raise "national security" BS.... You have to show the Court that this is NOT national security, this is concerning USCIS doesn't do the job that they are paid to do. Plus, unlike FBI, USCIS is so notorious of delaying everything that even US Attorney feels tired of defending them.
 
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lt1GM said:
Interesting, I have been told that my name check is pending due to "indices popular". Does anyone here know what that exactly means? Thanks!

GM,

It means your name is too popular in FBI's file. Someone has to sort it out and verify that all the stuff is NOT concerning you.
 
OK so this is very interesting

A couple minutes w/ Google and I've answered my own question. Came accross an extremely interesting - but old - report:

http://www.usdoj.gov/oig/special/0007/criminal.htm

that has a very good explanation of the name check procedures.

Even though the report is many years old, I would be suprised if the process had changed materially from what is described here. Enjoy!


FBI procedures for processing bio-checks
(1) The search for information

Once the FBI's Information Resources Division (IRD) received tapes requesting bio-checks from INS, they ran an automated search comparing that data against information in their Central Records System. This process could result in either a definitive "no record" response or an indication that further matching efforts were required to determine if a record existed. Bio-checks that did not conclusively result in "no record" were known as "possible hits" and generate an Indices Popular (IP) response form. The "possible hits" undergo one or more additional search procedures at the FBI, after which the IP response form is used to report to INS the result of those additional searches.

The "possible hits" are first sent to the FBI's Name Search Unit where FBI personnel manually check the names against a database to eliminate "possible" records (records of individuals with the same name and other similar biographical information, who are not the subject of the bio-check). For this reason, the more information that INS can provide about an individual, the more quickly and thoroughly FBI staff can complete the bio-check. This Name Search Unit is also the office that initially receives bio-check requests made manually on a Form G-325A. If the Name Search Unit can eliminate all "possible hits" and determine a "hit" or a "no record," the processing is complete. In this scenario, the IP response form or the Form G-325A, as appropriate, is stamped with the final result and sent to FBI Headquarters for transmission to INS.

If the Name Search Unit cannot eliminate the "possible hits," the request is forwarded to the FBI File Review Unit. This unit manually pulls its files for the potential candidates and compares any biographical and geographical data provided to determine whether the applicant is, in fact, someone with "no record" or someone who matches information on file at the FBI (a "hit"). Again, the IP response form or the Form G-325A, as appropriate, is stamped with the final result and sent back to the FBI Headquarters for transmission to INS.

INS receives the IP response form or the Form G-325A along with any information about the applicant from the FBI. If the FBI information cannot be disseminated because it is "classified," for example, FBI file analysts draft a memorandum providing a synopsis of the releasable information. Because it will not provide information to INS related to another agency's investigations, the FBI may refer INS to another investigating agency to obtain the necessary information. This action is called a "third agency referral." The burden then falls on INS to obtain the necessary information from the agency indicated. If INS was the source of the information found in the FBI database, the FBI stamps the response: "no information in addition to that already known to your agency."

Not all bio-checks result in definitive findings. In such instances, the FBI would advise INS that it was unable to determine if the person about whom it has information is identical to the INS subject or applicant. Again, the ability of the FBI to determine with specificity whether the person in its records is the same person applying for naturalization was influenced, in large part, by the adequacy of the bio-check information provided by INS.
 
andrew2006 said:
I think you misunderstood what I mean. He thinks WOM works best for those who just have a popular name or mishandled by USCIS. The "negative" feedback refers to anything which could be derogatory, meaning, he appears in one investigation (but he is only a witness), or a similar person is the FBI target. If this is the case, someone in either FBI or USCIS has to read the whole file and make a conclusion.
there is the botton line
in some cases yes, they have to amke some ananlysis, and verification, thats true.
but _and i have said this before_ everyone with a name check pending can feel that they dont have any negative3 information on their record, because if they , the uscis have the authority and want to throw you further than where you have came from, so as long they didnt do that , they absolutely have nothing that can affect your eligibilty to what you are asking for.
the only reason they delay it, is because it take tyhem time, so they fugured, we can do some other cases , that will onloy take a push of botton to clear, so that they can look good, and they can report we have processed X number in a Y period of time.
whats wrong about this is they produce faulse and deceptive appearence of how the USCI(S do their work, they may have processed tens of thousand, but they didnt do that properly, because in the process they have ignored a perfectly ligimate application, simply because they didnt want to take the time to the work that was delegated to them by the congress and the taxpayer pay then to do.
so, in short, they have sucrified me and you, so they can look good, on our expense.
just imagine, if the same concept spread in more agency, they lets say the FBI will say no, we dont want to crack on drugs dealer, it is dangerous , and some one might get killed, or hurt, just skip it, wouldnt that be a desaster?
that exactly what usCIS doing.
fome oen asking where did i file WOF, i didn in Kentucky.
 
mohamedmohamed said:
there is the botton line
in some cases yes, they have to amke some ananlysis, and verification, thats true.
but _and i have said this before_ everyone with a name check pending can feel that they dont have any negative3 information on their record, because if they , the uscis have the authority and want to throw you further than where you have came from, so as long they didnt do that , they absolutely have nothing that can affect your eligibilty to what you are asking for.
the only reason they delay it, is because it take tyhem time, so they fugured, we can do some other cases , that will onloy take a push of botton to clear, so that they can look good, and they can report we have processed X number in a Y period of time.
whats wrong about this is they produce faulse and deceptive appearence of how the USCI(S do their work, they may have processed tens of thousand, but they didnt do that properly, because in the process they have ignored a perfectly ligimate application, simply because they didnt want to take the time to the work that was delegated to them by the congress and the taxpayer pay then to do.
so, in short, they have sucrified me and you, so they can look good, on our expense.
just imagine, if the same concept spread in more agency, they lets say the FBI will say no, we dont want to crack on drugs dealer, it is dangerous , and some one might get killed, or hurt, just skip it, wouldnt that be a desaster?
that exactly what usCIS doing.
fome oen asking where did i file WOF, i didn in Kentucky.


I think you are right... Who is going to sue them if he himself is a child molester, raper, terrorist, kidnapper.... This damn agency needs a complete overhaul. Anyone with cases in NYC (Southern district of New York or Eastern district of New York)?
 
sam1973 said:
congrat Bashar all your hard work finally paid off , i have a question for you since you field in VA , i just field last week in Aleaxndria court ,VA under 1447 (b) i served the secrtary of DHS but i didn't serve the Genral Councel . Do you think i should serve the GC as well ? and if i have to do that can i just go to the court and get a onther copy from the complaint and serve them . because when i asked the clerk she told me about serving the GC she told you just need to serve the deffendts and the US attorney . but no need to serve the GC and as you know i don't want lose my case because i didn't serve the right person . thank you for your help and good luck .

I only sued Phyllis Howard, the local DO director. Her summons and complaint was sent to the DHS General Counsel per federal regulations. Copies of the summons and complaint were sent to the US Attorney in Alexandria and the Attorney General per the FRCP.
 
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bashar82 said:
I only sued the Phyllis Howard, the local DO director. Her summons and complaint was sent to the DHS General Counsel per federal regulations. Copies of the summons and complaint were sent to the US Attorney in Alexandria and the Attorney General per the FRCP.

WOOAAAAA...tomorrow is the big day, Great Job :)
 
Looking For Cases Won In District Court

Hello everyone!! Does anyone have the case numbers with case dates of cases that were won in District Court for N-400? The cases I've checked posted on this forum were either dismissed in favor of the defendants or voluntarily dismissed by the plaintiff.

It looks like I am going to need ammunition to combat against a motion to dismiss my case by the defendants (Chertoff, Gonzoles, Aguirre, Mueller, & local USCIS director). I need to find some cases to present to the Judge where others in any District Court have filed and won a favorable decision from the Judge in their case .......without being dismissed. Thanks For All Your Help. I've made it this far, I just need some ammo for the final battle!!
 
Alaskan Bear said:
Hello everyone!! Does anyone have the case numbers with case dates of cases that were won in District Court for N-400? The cases I've checked posted on this forum were either dismissed in favor of the defendants or voluntarily dismissed by the plaintiff.

It looks like I am going to need ammunition to combat against a motion to dismiss my case by the defendants (Chertoff, Gonzoles, Aguirre, Mueller, & local USCIS director). I need to find some cases to present to the Judge where others in any District Court have filed and won a favorable decision from the Judge in their case .......without being dismissed. Thanks For All Your Help. I've made it this far, I just need some ammo for the final battle!!
i know Shalan case was a winner, the court decision is attached here, i also attached another document from AILA, it mention named and numbers of other cases that can used for thid purpose too.
 
bashar82 said:
I only sued Phyllis Howard, the local DO director. Her summons and complaint was sent to the DHS General Counsel per federal regulations. Copies of the summons and complaint were sent to the US Attorney in Alexandria and the Attorney General per the FRCP.
tat was really fast, it is ammazing how they drag you, when you dont anything, and fast they get out of their way to accomaodated you when intiate an against them, they are just aking harder on us and them all togeteher.
good luck
 
lt1GM said:
Only one copy to the US District Attorney. Why would you send two? The addresses look good, they're what I used. BTW, the clerk wrote "60 days" on my summonses.


Hi It1GM,
For the address of the office of General Counsel, what is the zip code? I see some places state 20528 and some 20258. I have the following:

Michael Chertoff
Secretary, Department of Homeland Security
Office of the General Counsel
US Department of Homeland Security
Washington, D.C. 20528

Best Regards
Safi
 
Congratulations Bashar!

bashar82 said:
USCIS sent me an e-mail requesting a fax number so that they can send me an appointment notice for my oath this Friday (5/5/06) at 3PM!!!

Congratulations Bashar!
 
cases won

Alaskan Bear said:
Hello everyone!! Does anyone have the case numbers with case dates of cases that were won in District Court for N-400? The cases I've checked posted on this forum were either dismissed in favor of the defendants or voluntarily dismissed by the plaintiff.

It looks like I am going to need ammunition to combat against a motion to dismiss my case by the defendants (Chertoff, Gonzoles, Aguirre, Mueller, & local USCIS director). I need to find some cases to present to the Judge where others in any District Court have filed and won a favorable decision from the Judge in their case .......without being dismissed. Thanks For All Your Help. I've made it this far, I just need some ammo for the final battle!!

Alaskan Bear,

Look for Aslam vs. USCIS. It was filed in Central District of California. I am attaching the judge order.

Good luck,
 
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