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

[rob waiter]

way to go

you are on a bright track to be Pub #2. Your complete case will become
the role model for future litigants.

I read somewhere that INS is fearful of district court. They knew
their cases did not stand a chance inside the domestic judicial systems.

so take a high road!

I definitely will. After all, the majority of my information I got from here. It's only fair I give something back

I'll keep you posted. It will be filed in the next a couple of days.

K

 

[kabi24]

Now on to my question:‎

I’ve done extensive research over the past year, and wonder how many (if at all) of those ‎of you who had their application stuck in name check received a visit from the FBI. My ‎offline research seemed to establish a pattern, as the rate of those interviewed by the FBI ‎seemed to be directly related to the USCIS delays (or the other way around). I wonder if ‎this is unique only to Denver or if there is a national pattern? Any information would be ‎appreciated.‎

Thanks.‎

I have never had a visit or any contact from the FBI, but that doesn't mean they haven't checked me out. my brother who lives in new york city was arrested in the wave of arrests after 9/11 even though he had his I-485 pending at the time with INS, and they asked him about me.
Also i have an Alien firearm license that i had to go through background checks to get.... ALL legaly of course.

 

[jattindc1]

In Virginia, since it's part of the 4th circuit, USCIS retains jurisdiction to deny cases based on Kia v. INS. This precedent can be overturned, but it will be expensive and take time.

I don't in any way discourage you from filing when your 120-day period comes to an end. Two other people filed at the same time as me in Eastern Virginia. One was naturalized in early-March, the other in late-April, and me in early-May.

I don't think they will try the same tactic. The Asst. US Attorney said that my case had generated a lot of attention within DHS and that's why they wanted to get my application over with. The Washington DO would be stupid to try something like this unless they have strong evidence against a person eligibility for citizenship.

I would suggest you send a certified letter to the DO explaining that you never received any letter from USCIS and that you request that they send it a second time. Wait 30 days and if you don't receive anything, contact Senator Allen's office in Herndon (he is the only Congressman who helped with my case, the others didn't even respond) and explain to them that you never received a letter from immigration even after you requested by certified mail for it to be sent a second time and that you fear that this may have negative impact on your case. Do not mention the namecheck issue as his office may not want to intervene.

bashar82 , I thank you for your quick reply actually that's exactely what I'll do. Send certified letter and talk to Sen Allen's office, funny part is at DO they told me that letter was mailed on 04/19/2006 which was my interview date and moreover they never give me any results of the interview IO told me everything Ok passed the test 100% but Background check is pending .I will make Infopass too after 30 days visit.
Thanks for reply.

 

[mohamedmohamed]

Hi everyone,‎

I’ve been watching this thread for a while now and decided to finally write. To give you ‎some background, this is a story which was done about my case in the local media. I owe ‎a lot to many people on this forum both for the wealth of excellent legal material as well ‎as the encouragement. The value of camaraderie can never be underestimated. Anyway, ‎here is the story in both text and video:‎

http://cbs4denver.com/topstories/local_story_118094508.html

Now on to my question:‎

I’ve done extensive research over the past year, and wonder how many (if at all) of those ‎of you who had their application stuck in name check received a visit from the FBI. My ‎offline research seemed to establish a pattern, as the rate of those interviewed by the FBI ‎seemed to be directly related to the USCIS delays (or the other way around). I wonder if ‎this is unique only to Denver or if there is a national pattern? Any information would be ‎appreciated.‎

Thanks.‎

i would liek to tell you that you are not exception it is happening to far too many poeple for whatever reason , only the USCIS and the fbi can know, but they just cant make a good argument of it in fron the court, that why they have been defeated andeafeated in the court.
personally, i was never been a subject of any investigation, i have never seen any FBi agent in my entire 6-7 years here in this country, my problem is like most other, may name, as you can see is clearly arrab muslim name, but my case is in the court now, it doesnt always guarantee a solution, but it is an attaempt, we cought in a bad situation, and seem like uscis/fbi, just dont dont who to investigate for what or for how long.
if anone labeled me as subject for any investigation, i would undertsand, but i expect them to get to the bottom of it, and either clear me out, or do what should be doen to the criminals, you either throw them in jail, take them to court, , but whats driving me crazy, is that none of this is happening, and i cant get on with life either.

 

[zzerous]

Hi everyone,‎

I’ve been watching this thread for a while now and decided to finally write. To give you ‎some background, this is a story which was done about my case in the local media. I owe ‎a lot to many people on this forum both for the wealth of excellent legal material as well ‎as the encouragement. The value of camaraderie can never be underestimated. Anyway, ‎here is the story in both text and video:‎

http://cbs4denver.com/topstories/local_story_118094508.html

Now on to my question:‎

I’ve done extensive research over the past year, and wonder how many (if at all) of those ‎of you who had their application stuck in name check received a visit from the FBI. My ‎offline research seemed to establish a pattern, as the rate of those interviewed by the FBI ‎seemed to be directly related to the USCIS delays (or the other way around). I wonder if ‎this is unique only to Denver or if there is a national pattern? Any information would be ‎appreciated.‎

Thanks.‎

Unfortunately you are among many others and the FBI/CIS is singling out applicants of middleeastern/arab/muslim/male background. Of course if you had a contact with the FBI (witness, interview, investigation, arrest etc) it does not help and most likely your name will get stuck. They also hold others in the process but it seems based on what we can gather from the info on the web, lawsuits, ADC news letters etc that the majority of those who are impacted by the name check delays are from the above group. Unfortunately no one knows for sure what is going on and I am pretty sure that the authorities are confused also. I am at a point where I am starting to think that the authorities cannot decide and no one wants to take a chance by clearing someone’s name and then find out that the applicant was not supposed to be cleared which will embarrass them a great deal and put the heat on them. So the only way for anyone stuck to be cleared is by a lawsuit and nothing else. It is as if the authorities want you to sue them to force them into making the decision.

 

[zzerous]

Anyone from CT here?

All,

Is there anyone from CT here and thinking about of has already filed a lawsuit care to share hi/her experience?

I have filed thru a lawyer on 4/13/06 and still waiting.

 

[PendingN400]

Victorious Case

Here is another one of victorious cases found at
http://www.bibdaily.com/pdfs/Abghari natz I-829 order.pdf

In this case, despite the issue of applicant having conditional permanent residence, the judge has sided with the petitioner (using the 120 day rule) and granted a summary judgement in favor of the petitioner. California district courts seem to be at the forefront of judicial determinations of stalled naturalization applications, and I hope other district court would pay attention to cases from California for guidance. The quote from the Judge below is powerful:

"USCIS requires strict compliance with filing deadlines and substantive requirements for receipt and maintenance of immigration benefits, and USCIS is similarly obliged to comply with the existing statutory requirements for timely adjudication of applications and petitions submitted to it."

 

[RealSuperK]

Found an interesting email when I got home from work.

Check this out

"Konstantin,

I saw the government’s answer to your complaint. The government will not adjudicate your request until you hire an attorney. Whoever, helped you to draft your complaint can help you to push this case through by starting discovery and pushing the meetings with Jane Rund. Because you are pro se the government will be sitting on your complaint without any action. I have been watching and preparing these types of actions and the practice shows that pro se applicants are not successful until they hire an attorney. Good luck!!!



Evita Tolu

Attorney at Law

Tolu Law LLC

1120 Olivette Executive Drive

Suite 220

St. Louis, MO 63132'

Sounds like somebody read the recent news about all the lawsuits and figure it would be a pretty good business practice to look for pro se filed petitions. Gotta hand it to her though - a pretty good move.

K

 

[RealSuperK]

you are on a bright track to be Pub #2. Your complete case will become
the role model for future litigants.

I read somewhere that INS is fearful of district court. They knew
their cases did not stand a chance inside the domestic judicial systems.

so take a high road!

Thanks for the kind words... however, I think I'm a loooooong way from being Pub #2. The original Pub started everything on this site, he had enormous balls to rock that boat. Besides, there are other candidate's worthy that title - bashar82, Screaming_Eagle, mohammedmohammed to name a few.

I just look at the documents available out there and try to make a logical argument in my favor. If get beat by a better argument from the AUSA, well, it wasn't my day. But I don't see how they can happen.

What I do wanna do is to make a web site that contains some sort of library of documents that might be helpfull. This thread is becoming HUGE and searching for PDFs through 130 pages is rather inconvinient.

 

[RealSuperK]

A question to all :

When and how can I request a copy of my A file from AUSA?

 

[mohamedmohamed]

A question to all :

When and how can I request a copy of my A file from AUSA?

that is the part they call 'discovery', i think you can do it anytime, the sooner is the better for you.
just make you are very pricise about what you want even if you dont know it, for exemple, you can ask for "your file, and any proceesinf steps, decision, note made thrughout the processing duration" some general statement that have a specific indication.

 

[Suzy977]

Found an interesting email when I got home from work.

Check this out

"Konstantin,

I saw the government’s answer to your complaint. The government will not adjudicate your request until you hire an attorney. Whoever, helped you to draft your complaint can help you to push this case through by starting discovery and pushing the meetings with Jane Rund. Because you are pro se the government will be sitting on your complaint without any action. I have been watching and preparing these types of actions and the practice shows that pro se applicants are not successful until they hire an attorney. Good luck!!!



Evita Tolu

Attorney at Law

Tolu Law LLC

1120 Olivette Executive Drive

Suite 220

St. Louis, MO 63132'

Sounds like somebody read the recent news about all the lawsuits and figure it would be a pretty good business practice to look for pro se filed petitions. Gotta hand it to her though - a pretty good move.

K

I don't know who this person is, but if I were you, I'd look for a good lawyer to...SUE THE LAW FIRM "TOLU LAW" for all what they got, and I believe there are pretty good grounds to get them disbarred too for this shameless shit they emailed you...or to get a good settlement in a pretrial understanding...but only under the advice of a good lawyer...you don't want to sound like a blackmailer

These s.o.b.'s think that a "stupid immigrant" can be manipulated and fooled any way they want, they found a new scheme to make money f@$#%&g dirty lawyer.

Do not delete the email, think good about what I just said

 

[Eastbayer]

Official capacity problem

Unfortunately you are among many others and the FBI/CIS is singling out applicants of middleeastern/arab/muslim/male background. ... It is as if the authorities want you to sue them to force them into making the decision.

Well, I am female, not of middle eastern/muslim...came on student visa 15 years ago, never even had a traffic ticket, and never interviewed by anyone from FBI...The only time I talked to an IO was the naturalization examination. Yet my case got stuck. Well, I wish mine would be done before those 12 millions of applications pour in.

 

[Haddy]

Fun!!! I am in

I don't know who this person is, but if I were you, I'd look for a good lawyer to...SUE THE LAW FIRM "TOLU LAW" for all what they got, and I believe there are pretty good grounds to get them disbarred too for this shameless shit they emailed you...or to get a good settlement in a pretrial understanding...but only under the advice of a good lawyer...you don't want to sound like a blackmailer

These s.o.b.'s think that a "stupid immigrant" can be manipulated and fooled any way they want, they found a new scheme to make money f@$#%&g dirty lawyer.

Do not delete the email, think good about what I just said

Suzy, you are right (as always)... May be we can file lawsuit against this SOB lawyer Pro Se... close their law firm or make them pay personal injury damages kid of stuff to the community... I dont know about this damages stuf it just came in to my lttle head dont take it seriously either (like Suzy)

 

[mohamedmohamed]

Suzy, you are right (as always)... May be we can file lawsuit against this SOB lawyer Pro Se... close their law firm or make them pay personal injury damages kid of stuff to the community... I dont know about this damages stuf it just came in to my lttle head dont take it seriously either (like Suzy)

we got to find another pubicus to start it win it, and then we will follow

 

[mohamedmohamed]

Well, I am female, not of middle eastern/muslim...came on student visa 15 years ago, never even had a traffic ticket, and never interviewed by anyone from FBI...The only time I talked to an IO was the naturalization examination. Yet my case got stuck. Well, I wish mine would be done before those 12 millions of applications pour in.

you can only hop,
i guarantee you one thing, the public, and the politician as far more concerned and accupied but what they want to do with these 12 millions,(if they even know how many are they) than they are concerned with the other real and illegal situation the UScIS have put us through

 

[greencard12]

additional documents and exhibits

Hi,

I have a question about civil court procedure. I noticed that several guys filed additional documents/exhibits after initial complaint. Will it be considered as amendment to your initial complaint? Do you need to serve all the defendants the amendment again?

 

[Suzy977]

Hi,

I have a question about civil court procedure. I noticed that several guys filed additional documents/exhibits after initial complaint. Will it be considered as amendment to your initial complaint? Do you need to serve all the defendants the amendment again?

If you file an extra Exhibit after you served all the Defendants, you have to send it to all Defendants again, including to US Attorney and the clock (the 60 days) restarts from zero.
I'm not talking about an amendment, I'm talking about the smallest, most insignificant piece of paper.

 

[Suzy977]

Suzy, you are right (as always)... May be we can file lawsuit against this SOB lawyer Pro Se... close their law firm or make them pay personal injury damages kid of stuff to the community... I dont know about this damages stuf it just came in to my lttle head dont take it seriously either (like Suzy)

I'm not kidding, what this person did is totally unethical, and I'm pretty sure for the content of his/her email s/he can be disbarred...

Sending emails to poor immigrants who sued USCIS and lying to them that USCIS won't adjudicate their case unless they hire an attorney (by the way, this is the firm specialized to help you ) I'm sure a Judge may have something to say about this, not to mention the bar association

And another shark (I meant another attorney) a good one, can sue them...and why not, make them pay a nice settlement not to go all the way with the litigation.

I see potential for:
-Disbarment
-Bad publicity
-Judge/Jury sentence with monetary loss

I don't think they want to face that, and they don't expect an ignorant and scared immigrant to go that far.

Once again, I'm serious, if I got that email, I'll give it a shoot trying to talk with another lawyer about it.

 

[Balto]

Come on, let's be real, Eastbayer

Well, I am female, not of middle eastern/muslim...came on student visa 15 years ago, never even had a traffic ticket, and never interviewed by anyone from FBI...The only time I talked to an IO was the naturalization examination. Yet my case got stuck. Well, I wish mine would be done before those 12 millions of applications pour in.

For all who are posting/reading here, or simply put, who are stuck on this name check sh*t, how many are having names like John Smith and coming from a friendly (i.e., western) country? You may not be a middle eastern male, but that is not the only group got stuck, people from former Soviet Block, communist China, etc., etc., made up the majority of this group. I kown I know, Suzzy 997 is yelling "I am not but I got stuck too", well consider her as the actual "real" unlucky one. Profiling based on stereotype is common practice, whether you admit or not, that's just the fact of life, period! Not trying to pick a fight with you, just can't take it when the victim is trying to play that politically correct card.

Peace!

Balto