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

RealSuperK said:
By the way, back when I filed my lawsuit, you predicted that I was gonna be a citizen by the end of May. I'm gonna be a citizen on June 2nd. This kind of error is unacceptable! :D


1. I'm not perfect, read the first line of my signature ;)
Anyway I promise to improve my predictions...maybe I'll start a business... :D

2. At any time I'll better than USCIS in predicting a time-line :p

3. I hope that everyone will have their cases solved with a delay of...2 days.
;)

P.S. If you're not happy with my prediction, sue me :D
 
Last edited by a moderator:
cuties said:
Firt of all I sinceraly thank every value members of this forum and the hosts of this web sit and the secound I want to yell out lound I WON. yes! I and everyone here who shared the priceless info, we all did, together.

I received a latter from the Local district stating that my case have been adjusted just now!! the date on the latter was May 24th and the 60 days deadline of the law suit is May 31.

Once again thank you to everyone here at the forum. I wish the very best luck for all of us.

Best regards,
~Cindy
way to go
 
Suzy977 said:
1. I'm not perfect, read the first line of my signature ;)
Anyway I promise to improve my predictions...maybe I'll start a business... :D

2. At any time I'll better than USCIS in predicting a time-line :p

3. I hope that everyone will have their cases solved with a delay of...2 days.
;)

P.S. If you're not happy with my prediction, sue me :D
talking about business, may we should start a (non-profit) consulting firm in stead of this forum , how that sounds? :confused: :confused:
 
marsh at washington

if we ever decide to do that, we have to have a good estimate on how many are going to participate.
i was doing some research today, i found that you need a differnt authorization form the interior department, according to how many are involved, and where they are going to go.
numbers are less than 200, as oppose to more than that
places are public parks, as oppose to a govermenet office , or buildings
 
Suzy977 said:
Your mom's fears are understandable. Her little girl fighting the almighty, FBI and USCIS :eek:

Don't worry nobody is going to retaliate against you for taking them to the court ;)

In fact you'll gain respect, you'll show them you're not a little mouse who hide under the bad waiting at their mercy.
Is your right, take advantage of it and sue them.

All the above are based on the assumption that you and your mom are clear, FBI or USCIS don't have anything against you in their records
;)

Thanks a lot for your encouragement. I decide to sue them soon after I get formal letters about my status from FBI and USCIS(I think they could be one of the proof for my lawsuit). I am very very sure, my record are clear. I don't have any violation both in my birth country and US.
 
dispressmom said:
Thanks a lot for your encouragement. I decide to sue them soon after I get formal letters about my status from FBI and USCIS(I think they could be one of the proof for my lawsuit). I am very very sure, my record are clear. I don't have any violation both in my birth country and US.

Read this thread from A to Z...when you'll be done with it you'll be ready to fight USCIS and FBI ;)
 
way 2 go dispressmom

way 2 go suzy...

Suzy977 said:
Your mom's fears are understandable. Her little girl fighting the almighty, FBI and USCIS

Don't worry nobody is going to retaliate against you for taking them to the court

In fact you'll gain respect, you'll show them you're not a little mouse who hide under the bad waiting at their mercy.
Is your right, take advantage of it and sue them.

All the above are based on the assumption that you and your mom are clear, FBI or USCIS don't have anything against you in their records COLOR] ;)
 
khalafah2000 said:
I guess that it is not *required* to file a letter of intent to sue. Does it help though?

I have been through all this, nothing helps but suing!! Period!! If the statute gave them 120 days... you should on courts door at 121nd!

It doesn't hurt to gather enough evidence that you tried to resolve the issue bu other means available and you should do that during the 120 days.

Get to the court before they close that door too. You know some are trying!

Best Regards
 
My Mandamus experience just took another turn

I was celebrating my victory prematuraly turns out. I thought the defendants failed to respond within the 60 days http://immigrationportal.com/showthread.php?t=212499, So I thought that it was just a matter of time before I get the default judgement and get the citizenship. Turns out, I got excited all for nothing. Turnes out they did answer in the very last minute or even after their 60 days, I'm still waiting for the copy of their answer. The judge just gave us the date for an "initial teleconference" for July 3rd.

What's going to unfold from this point on? Will there anything be decided at that conference call, or is it just a formality for a judge to decide if he will even take the case or not?

I really don't get it: it would take the INS and FBI 20 minutes to get this whole issue resolved and give me my citizenship, are they so obsessesed with this stupid status quo that they prefer to spend hours and hours on fighting my case instead of just doing their job? I really don't get the logic of this.
 
sfaizullah said:
Hi,
Another update: I did mail (via USPS Certified Return Receipt Requested) the return of service (did complete back of each summons) and wrote one page letter stating that "I certified that I sent Petition+Exhibits+Summons to the following on so&so date... and I listed the US Attorney and five defendants with their addresses." I included the originals per the court clerk.

I sent the exact copy to US Attorney (again via USPS Certified Return Receipt Requested).

Both parties should get them tomorrow.


Best Regards


I checked the usps.com and the court (as well as District Attorney) received the return of service package today.

I know that someone suggested that after this stage one needs to start sending the court/District Attorney lots of cases that has won in similar situations. When is the right time? My clock started 05/13/06 (sued them 05/05/06.

Best Regards
 
SlowJedi said:
I was celebrating my victory prematuraly turns out. I thought the defendants failed to respond within the 60 days http://immigrationportal.com/showthread.php?t=212499, So I thought that it was just a matter of time before I get the default judgement and get the citizenship. Turns out, I got excited all for nothing. Turnes out they did answer in the very last minute or even after their 60 days, I'm still waiting for the copy of their answer. The judge just gave us the date for an "initial teleconference" for July 3rd.

What's going to unfold from this point on? Will there anything be decided at that conference call, or is it just a formality for a judge to decide if he will even take the case or not?

I really don't get it: it would take the INS and FBI 20 minutes to get this whole issue resolved and give me my citizenship, are they so obsessesed with this stupid status quo that they prefer to spend hours and hours on fighting my case instead of just doing their job? I really don't get the logic of this.

I believe you will get it before that. You are not the first to see this. Just read BigK's case and Bashar before him... Just be strong. I believe this is your right and no one can take it away! I still believe that the judges must know better than us how USCIS are ignoring the limits that the statutes has imposed upon them. No body is above the law.

Best Regards
 
SlowJedi said:
I was celebrating my victory prematuraly turns out. I thought the defendants failed to respond within the 60 days http://immigrationportal.com/showthread.php?t=212499, So I thought that it was just a matter of time before I get the default judgement and get the citizenship. Turns out, I got excited all for nothing. Turnes out they did answer in the very last minute or even after their 60 days, I'm still waiting for the copy of their answer. The judge just gave us the date for an "initial teleconference" for July 3rd.

What's going to unfold from this point on? Will there anything be decided at that conference call, or is it just a formality for a judge to decide if he will even take the case or not?

I really don't get it: it would take the INS and FBI 20 minutes to get this whole issue resolved and give me my citizenship, are they so obsessesed with this stupid status quo that they prefer to spend hours and hours on fighting my case instead of just doing their job? I really don't get the logic of this.

This is one of the few cases when "I told you so" doesn't bring me a bit of satisfaction :eek:

On July 03, the Judge may ask them to adjudicate your case within a certain period of time. By adjudicating, they, USCIS can very easily deny your Naturalization application on grounds that you FBI Name Check is not cleared.

Why did you file a Writ of Mandamus and not a 1447(b) :confused: :confused:

If I was in your shoes, I'll dismiss without prejudice the Mandamus and Tuesday, after Memorial Day, I'll file a 1447(b)

This is what I'll do...please use your own judgment and ask for a second opinion, God forbidden things go wrong then you'll hate me for the rest of your life.
 
Suzy977 said:
This is one of the few cases when "I told you so" doesn't bring me a bit of satisfaction :eek:

On July 03, the Judge may ask them to adjudicate your case within a certain period of time. By adjudicating, they, USCIS can very easily deny your Naturalization application on grounds that you FBI Name Check is not cleared.

Why did you file a Writ of Mandamus and not a 1447(b) :confused: :confused:

If I was in your shoes, I'll dismiss without prejudice the Mandamus and Tuesday, after Memorial Day, I'll file a 1447(b)

This is what I'll do...please use your own judgment and ask for a second opinion, God forbidden things go wrong then you'll hate me for the rest of your life.
i will have to disagree with Suy on this
filing WOM in this case is not bad thign to do , considerign that you can always use 1447 (B) in as supporting element in your argument, whithout actually having to restart thecase over.
it is probably ginna few days for you to get to their response, so you can find it rthrough PACER, or give your information to one of us and we can pull it out for you(personally i will be happy to do it ffor you)
then findout what their asnwer is, and whatever it was , it can not be anything differetn that the million excuses thay have used before , and have been defeated before in court, so find wich excuse they have used this time, and am sure we can find the documents that other cases have used before to defeat it.
gather al these document, and sit down, and write a counter argumnet, and file it with the court, and review it very well, so when it come to the conference, you know what to say.
another to rememner , some time they may get behind in trying to finish your name check before the end of the 60 days, so what they do in this case( realsuperK can tell you this) they will file anything at the last minute just to buy them enough time to finish your case, i would not be surprised when you rceice an e-mail , or phone call before the july conference telling you that your application is finished, and you are ready to take the oath, again it have happened to many people here, bashar, and others.
so dont get discouraged, dont dismiss your case, keep as it is WOM, and bring along 1447(b), as a supporting document, for your argumnet, review their asnwers, and prepare a strong counter argument, and lets all remember, just because they wanna try the case, it doesnt mean they will win, they have lost it soo many time, and this one should be ecception

sfaizullah
checked the usps.com and the court (as well as District Attorney) received the return of service package today.

I know that someone suggested that after this stage one needs to start sending the court/District Attorney lots of cases that has won in similar situations. When is the right time? My clock started 05/13/06 (sued them 05/05/06.

it is always good to gather whatever supporting documents you can lay your hands on, but i think that this almost like playing a poker, you dont reveal all your cards, at once, meaning that you can gather all you can , and keep untill you need it, like in the case SlowJediif they tried to file some of theri excuse, make sure you have some you can add in addition to what you have already wrote in your complaints, so you dont appear weak, and out of any argument, or if they decided to finish thecase before it tried, then you have saved yourself extra effort, you didnt need to make, gather all yuo can get, study as much as you can, keep it till when you need, you have already made your complaints, and stated you fact, now it is their turn to show what they got, then you can bring your back up.
 
mohamedmohamed said:
i will have to disagree with Suy on this
filing WOM in this case is not bad thign to do , considerign that you can always use 1447 (B) in as supporting element in your argument, whithout actually having to restart thecase over.
it is probably ginna few days for you to get to their response, so you can find it rthrough PACER, or give your information to one of us and we can pull it out for you(personally i will be happy to do it ffor you)
then findout what their asnwer is, and whatever it was , it can not be anything differetn that the million excuses thay have used before , and have been defeated before in court, so find wich excuse they have used this time, and am sure we can find the documents that other cases have used before to defeat it.
gather al these document, and sit down, and write a counter argumnet, and file it with the court, and review it very well, so when it come to the conference, you know what to say.
another to rememner , some time they may get behind in trying to finish your name check before the end of the 60 days, so what they do in this case( realsuperK can tell you this) they will file anything at the last minute just to buy them enough time to finish your case, i would not be surprised when you rceice an e-mail , or phone call before the july conference telling you that your application is finished, and you are ready to take the oath, again it have happened to many people here, bashar, and others.
so dont get discouraged, dont dismiss your case, keep as it is WOM, and bring along 1447(b), as a supporting document, for your argumnet, review their asnwers, and prepare a strong counter argument, and lets all remember, just because they wanna try the case, it doesnt mean they will win, they have lost it soo many time, and this one should be ecception

I don't disagree with you, I just see things differently.

I just prefer 1447(b) to Writ of Mandamus, the second one still give power to USCIS to play with your case, the first one strip USCIS of any power, they loose jurisdiction over the case a.s.a. the case is filled.
 
Suzy977 said:
mohamedmohamed said:
i will have to disagree with Suy on this
filing WOM in this case is not bad thign to do , considerign that you can always use 1447 (B) in as supporting element in your argument, whithout actually having to restart thecase over.
it is probably ginna few days for you to get to their response, so you can find it rthrough PACER, or give your information to one of us and we can pull it out for you(personally i will be happy to do it ffor you)
then findout what their asnwer is, and whatever it was , it can not be anything differetn that the million excuses thay have used before , and have been defeated before in court, so find wich excuse they have used this time, and am sure we can find the documents that other cases have used before to defeat it.
gather al these document, and sit down, and write a counter argumnet, and file it with the court, and review it very well, so when it come to the conference, you know what to say.
another to rememner , some time they may get behind in trying to finish your name check before the end of the 60 days, so what they do in this case( realsuperK can tell you this) they will file anything at the last minute just to buy them enough time to finish your case, i would not be surprised when you rceice an e-mail , or phone call before the july conference telling you that your application is finished, and you are ready to take the oath, again it have happened to many people here, bashar, and others.
so dont get discouraged, dont dismiss your case, keep as it is WOM, and bring along 1447(b), as a supporting document, for your argumnet, review their asnwers, and prepare a strong counter argument, and lets all remember, just because they wanna try the case, it doesnt mean they will win, they have lost it soo many time, and this one should be no ecception

I don't disagree with you, I just see things differently.

I just prefer 1447(b) to Writ of Mandamus, the second one still give power to USCIS to play with your case, the first one strip USCIS of any power, they loose jurisdiction over the case a.s.a. the case is filled.
 
khalafah2000 said:
I guess that it is not *required* to file a letter of intent to sue. Does it help though?
No, this is not required, the reason I did this because one of the immigration litigation attorneys told me that 30% of his cases are solved with this approach before filing the actual law suite. The experience here in the thread is diffirent, I think both Publicus and Bashar82 did this with not much luck. Anyway, i decided to give it a try, at the same time I sent a letter to my congressman, the white house( as this seemed to help some people here in the thread), and FBI congressional office. I am going to give this about a month and then file if i am still stuck.
 
NO jokes please

buggin said:
Just make sure neither of you is a serial killer.... :eek:
Sorry, I watch way too much TV. :)
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
6/5/06 – Will file my 1447(b) Petition
I am here just to help someone like me needed help, we are NOT used to courts. and it happened to be close to my work. for now, I am NOT in the mood for jokes, I am in a fight with " USCIS, and others" I am in the mood to help someone who needed help,

I wish you the best,and everyone here.And please don't joke with me, I am NOT friends.

Ps,
I hope you watch court Tv is better!!!!!!
 
query11 said:
Mr la nice move...just pray femme is truely feminine though... :D

what is the deal with traffic ticket? I didn't know that this is an issue at all, is it? and why? and how many years back do they go?
 
mohamedmohamed said:
if we ever decide to do that, we have to have a good estimate on how many are going to participate.
i was doing some research today, i found that you need a differnt authorization form the interior department, according to how many are involved, and where they are going to go.
numbers are less than 200, as oppose to more than that
places are public parks, as oppose to a govermenet office , or buildings

If the March is not possible, we should at least get active in the next few weeks/months in callinrg our house representitive and voice our concerns, frustrations and encourage them not to agree to the senate bill. Again the best outcome would be no immigration bill this year, and if there is any, no restriction on judeciary review is implemented.
 
Pacer

Hey guys,
I finnaly started to find how AMAZING pacer is.
ALL of you guys waiting for a response of any kind back before you sue, you should try to register with pacer and look at how many cases filled under 890-Other Statutory Actions. and you will find how may cases have been treated and OH YES! dismissed/APPROVED.
and by the way i viewed so many documents so far the price is well worth it, 8 cents per page. it is nevertheless affordable.
these cases in your districts that the judge you have might have presided will be a blow to the USAttorney.
i found out for example that in case you don't get the Green receipts back from the deffendants or they're just taking too long. just print out the search result of off the USPS website and include it in your summons receipt to give back to the court. that's what some case have.
This is exciting. :D
 
Top