Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
WaitingInDallas
Registered Users (C)
Congras!
I have followed your posts all the way! This is a great great news!
Well deserved and Congradulations!
EGYPTIANCASTLE said:
I have followed your posts all the way! This is a great great news!
Well deserved and Congradulations!
Ready to file a mandamus
Hello everybody ,
First of all I want to thank eveybody in this sthread because it is a very good help for people like me, that have been waiting for a name check to clear for almost 2 years now.
Finally , Iam connvinced that waiting is not the solution and iam ready to file.
I just want to take an advice on the steps i have been doing.
1. I wrote the case with the help of few cases posted in this thread
2. I downloaded a civil cover sheet online and filled it up
3. I am in Jacksonville, Fl , I found the address and Phone # of the court House in Jacksonville, but I heard people go to orlando for this kind of cases. I will try to call the court house on monday , but till then if anybody has any advice on this one please let me know
4. Iam planning to send the papers on monday with $250 Money order
5. and I will wait after that to get a summons.
Please, guys, let me know if iam in the right track
and Thank you again
Hello everybody ,
First of all I want to thank eveybody in this sthread because it is a very good help for people like me, that have been waiting for a name check to clear for almost 2 years now.
Finally , Iam connvinced that waiting is not the solution and iam ready to file.
I just want to take an advice on the steps i have been doing.
1. I wrote the case with the help of few cases posted in this thread
2. I downloaded a civil cover sheet online and filled it up
3. I am in Jacksonville, Fl , I found the address and Phone # of the court House in Jacksonville, but I heard people go to orlando for this kind of cases. I will try to call the court house on monday , but till then if anybody has any advice on this one please let me know
4. Iam planning to send the papers on monday with $250 Money order
5. and I will wait after that to get a summons.
Please, guys, let me know if iam in the right track
and Thank you again
mohamedmohamed
Registered Users (C)
cingrats for both of you , superk, and egyptian, good work, good luckRealSuperK said:
mohamedmohamed
Registered Users (C)
not till you get some in writing, but usually when they say it is done , it isyousif said:
mohamedmohamed
Registered Users (C)
that is really complicated , it depends on your state, and its laws, you really need a lawyer, to sort this stuff out for you.kenny485 said:
techenically, since the uscis have not said that they deneying your brother case, because of his past record, they should not come back later , and claim that , but as you know, if you wanan take a case to court, you better make sure that there is no weakness in your argument, because you the uscis will milk it, and it will reduce the chance any judge might sympathize with you, beside there might be a clear statue that apply to this case, so you should know exactly where the federal and state law, stand ffrom your brother record, and then make a decision
mohamedmohamed
Registered Users (C)
i think now is a good time to make fun of how you was scared when the us attorney wrote his aanswer, and you thought it was the end of your guess, guess what it was the biggning of the end.RealSuperK said:
take care and stay away from the mob
, oh and that one lawyer, you still can find a way to get close to herOath today!
Hi guys!
My greatest thanks to our hero - Publicus, who started the fight & won, shared his knowledge and inspired so many of us to do the same!
So, here is my timeline in L.A.:
5/11/04 - PD for N-400;
6/8/04 - FBI received name check request from USCIS;
9/20/04 - FP taken;
11/29/04 - interview passed, but NC pending;
March-May 2005 - numerous inquiries by me to local USCIS: all unanswered;
June 2005 - asked for help sen.Feinstein: bullshit in response;
July 2005 - asked for help local congr.rep, good effort from them but no result;
August 2005 - "warning" letter to local USCIS director: bullshit received in response 3 months later;
December 2005 - found Publicus's heroic experience thread;
January 2006 - drafted the petition;
2/6/06 - 60 days started;
2/9/06 - invitation for 2nd FP on 2/22/06;
3/6/06 - started to place calls to AUSA;
3/7/06 - name check cleared (or AUSA learned about it on this date - unknown who initiated the "expedite");
3/17/06 - AUSA finally called back insisting on dismissal and claiming being "not familiar" with the recommended by AILA "petition to ask the court to hold in abeyance". Trusting AILA more than AUSA, I asked for any kind of assurance the USCIS will process my case timely after I dismiss. She said she'd check with them. My follow up calls week after that didn't yield any result. I didn't want to do them a favor by dismissing my case and getting nothing in return. My references to AUSA/USCIS practice in San Francisco District when special language is added and oath invitation is faxed to plaintiff were totally ignored.
So, I started to wait until the end of 60 days, so that I could file a motion for default judgement. Researching how to do it, learned that there is no such thing when US Govt is defendant.
4/6/06 (59th day) - AUSA called at 4pm trying to intimidate me into dismissal again but still offering no guarantees of the USCIS action upon my dismissal. From a quite disgusting conversation with her I learned she never actually discussed that with the USCIS (she was too lazy for it). I said I could wait until 60th day noon for her to finally talk to USCIS about promises, but her response was: "Oh, no! I take tomorrow off to play with my daughter!"
4/7/06 - AUSA substitute filed Motion for Remand scheduling hearing for it for 5/1/06 suggesting no timely processing of any kind;
4/17/06 - I filed Opposition to their Motion asking the Judge to deny Defendants' Motion, since the risk is great they would abandon my N400 again.
4/27/06 - Judge took the case "into submission" = no need to appear on 5/1/06;
5/1/06 - Modified by Judge Motion for Remand is granted to "process [my N400] as expeditiously as possible...not later than 6/30/06";
5/8/06 - not knowing if USCIS received court order, I mailed a copy of it to local District Director;
5/10/06 - local congressional rep. reappeared to ask me how it's going: told her about the court order & baby due in 4 weeks. She immediately started to apply the pressure on the USCIS congr. liaison unit.
5/16/06 - USCIS scheduled me for 5/19/06 ceremony;
5/19/06 - citizen I am!
Points:
- if there is no family emergency, please do not dismiss your cases! By dismissing it, you are doing the USCIS a favor which they don't deserve. Especially, when they refuse to give you the assurance of timely processing. They (and AUSA) get obnoxious when "everyone dismisses" and don't really apply themselves to resolve the case. Judges also need to know what outrage is there created for so many innocent folks, and hopefully, they will be more harsh to the Govt in the future: it should never come to us filing lawsuits just to make Govt do their job!
- congr. rep may come handy when you do need to dismiss but AUSA fails to modify the dismissal language and/or make sure otherwise your case is resolved satisfactory.
BTW, I have a feeling that lazy ignorant AUSA I had to deal with has not yet provided the USCIS with a copy of Judge's order. Even though she knew I was pregnant and due soon...
So, guys, don't be afraid and stand up for your rights! As the naturalization judge said today: "If you don't like something what Govt does - speak up!"
And congratulations to all who have already succeded!
Hi guys!
My greatest thanks to our hero - Publicus, who started the fight & won, shared his knowledge and inspired so many of us to do the same!
So, here is my timeline in L.A.:
5/11/04 - PD for N-400;
6/8/04 - FBI received name check request from USCIS;
9/20/04 - FP taken;
11/29/04 - interview passed, but NC pending;
March-May 2005 - numerous inquiries by me to local USCIS: all unanswered;
June 2005 - asked for help sen.Feinstein: bullshit in response;
July 2005 - asked for help local congr.rep, good effort from them but no result;
August 2005 - "warning" letter to local USCIS director: bullshit received in response 3 months later;
December 2005 - found Publicus's heroic experience thread;
January 2006 - drafted the petition;
2/6/06 - 60 days started;
2/9/06 - invitation for 2nd FP on 2/22/06;
3/6/06 - started to place calls to AUSA;
3/7/06 - name check cleared (or AUSA learned about it on this date - unknown who initiated the "expedite");
3/17/06 - AUSA finally called back insisting on dismissal and claiming being "not familiar" with the recommended by AILA "petition to ask the court to hold in abeyance". Trusting AILA more than AUSA, I asked for any kind of assurance the USCIS will process my case timely after I dismiss. She said she'd check with them. My follow up calls week after that didn't yield any result. I didn't want to do them a favor by dismissing my case and getting nothing in return. My references to AUSA/USCIS practice in San Francisco District when special language is added and oath invitation is faxed to plaintiff were totally ignored.
So, I started to wait until the end of 60 days, so that I could file a motion for default judgement. Researching how to do it, learned that there is no such thing when US Govt is defendant.
4/6/06 (59th day) - AUSA called at 4pm trying to intimidate me into dismissal again but still offering no guarantees of the USCIS action upon my dismissal. From a quite disgusting conversation with her I learned she never actually discussed that with the USCIS (she was too lazy for it). I said I could wait until 60th day noon for her to finally talk to USCIS about promises, but her response was: "Oh, no! I take tomorrow off to play with my daughter!"
4/7/06 - AUSA substitute filed Motion for Remand scheduling hearing for it for 5/1/06 suggesting no timely processing of any kind;
4/17/06 - I filed Opposition to their Motion asking the Judge to deny Defendants' Motion, since the risk is great they would abandon my N400 again.
4/27/06 - Judge took the case "into submission" = no need to appear on 5/1/06;
5/1/06 - Modified by Judge Motion for Remand is granted to "process [my N400] as expeditiously as possible...not later than 6/30/06";
5/8/06 - not knowing if USCIS received court order, I mailed a copy of it to local District Director;
5/10/06 - local congressional rep. reappeared to ask me how it's going: told her about the court order & baby due in 4 weeks. She immediately started to apply the pressure on the USCIS congr. liaison unit.
5/16/06 - USCIS scheduled me for 5/19/06 ceremony;
5/19/06 - citizen I am!
Points:
- if there is no family emergency, please do not dismiss your cases! By dismissing it, you are doing the USCIS a favor which they don't deserve. Especially, when they refuse to give you the assurance of timely processing. They (and AUSA) get obnoxious when "everyone dismisses" and don't really apply themselves to resolve the case. Judges also need to know what outrage is there created for so many innocent folks, and hopefully, they will be more harsh to the Govt in the future: it should never come to us filing lawsuits just to make Govt do their job!
- congr. rep may come handy when you do need to dismiss but AUSA fails to modify the dismissal language and/or make sure otherwise your case is resolved satisfactory.
BTW, I have a feeling that lazy ignorant AUSA I had to deal with has not yet provided the USCIS with a copy of Judge's order. Even though she knew I was pregnant and due soon...
So, guys, don't be afraid and stand up for your rights! As the naturalization judge said today: "If you don't like something what Govt does - speak up!"
And congratulations to all who have already succeded!
Small addition:
it's true, there is no filing fee for Sec.1447b hearing in LA. It's not advertised anywhere, but when I asked the clerk about it this April, they actually refunded my filing fee.
I wonder if it's the same in other districts - ask your courts, guys! They are all federal courts, so I have a feeling no-fee policy should be in more than one place.
it's true, there is no filing fee for Sec.1447b hearing in LA. It's not advertised anywhere, but when I asked the clerk about it this April, they actually refunded my filing fee.
I wonder if it's the same in other districts - ask your courts, guys! They are all federal courts, so I have a feeling no-fee policy should be in more than one place.
Thank you Mohamedmohamed for your response. My brother will have to get an attorney as you mentioned. As for me, I want to file the WOM for my AOS but I have not received the approved I-130 as yet, and I don't want them to make any excuses to deny my I-485 by saying I don't have an approved I-130. In Houston, when you file a complete packet I-485 and I-130, they don't send you an approved I-130, They say that the I-130 is approved when the I-485 is approved. So I am wondering should I file for another I-130 through the TSC and once approved file the WOM, or just file the WOM as is.
CGcountdown
Registered Users (C)
Mandamus +/- file transfer
Hi everyone,
I got my GC about 1 years ago but my wife's GC never came and is waiting for security name check since May 2004 (both files were together). We moved few months ago from california to MA. Now the question is can we file a WOM in MA? or shall we transfer our file first? We often hear that transfer of files can take some time.
I appreciate your input.
Have a nice weekend
Hi everyone,
I got my GC about 1 years ago but my wife's GC never came and is waiting for security name check since May 2004 (both files were together). We moved few months ago from california to MA. Now the question is can we file a WOM in MA? or shall we transfer our file first? We often hear that transfer of files can take some time.
I appreciate your input.
Have a nice weekend
CGcountdown said:
If all the conditions for a Writ of Mandamus to be successful are in place (read this thread for those info) you can file in your new state, is USCIS problem to transfer the file.
Make sure you mail a change of address for both of you, since as a GC holder you're required to do so within 10 day after you moved...and you better mail it Certified Mail...I'm pretty sure USCIS is going to say that you never did that
Hi guys,
Guess what. I filed the WOM on may2nd, and i got an approval letter today for stamping. the letter was dated 17th. so it took only 2 weeks after filing that i got approved. i am getting my passport stamped this week. Thanks to Rahul, Publicus, Suzie and all trhe wonderful helpful people.
Guess what. I filed the WOM on may2nd, and i got an approval letter today for stamping. the letter was dated 17th. so it took only 2 weeks after filing that i got approved. i am getting my passport stamped this week. Thanks to Rahul, Publicus, Suzie and all trhe wonderful helpful people.