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

mohamedmohamed said:
some liek this also can be done online, so while you can publish it in the from of papaer newletter, you can also make it available online to ensure a braoder outreach

if we all agree about this, Is anybody have a specific idea on how we will organize this, and put it to work?
Can we divide the work between us?
How we will exchang the information?
Any thoughts?
 
In 60 days, they will clear your name

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.

You did the right thing (the American thing to do). Stand up for yourself. You indeed will gain respect. Be prepared to fight in court even though it will never get to court. In 2-3 months, you will be Citizen
 
Naming the defendants on 1447b civil action

Can you actually name the IO at the bottom of the list, below the CIS District Director, as a defendant just for the kick of it??

The reason I am asking is I was actually named in a civil lawsuit in my official capacity, and wondered why couldn't the interviewing IO be sued in his official capacity in a 1447b civil action. He would have to be SERVED as well :D
 
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Dubu said:
Can you actually name the IO at the bottom of the list, below the CIS District Director, as a defendant just for the kick of it??

The reason I am asking is I was actually named in a civil lawsuit in my official capacity, and wondered why couldn't the interviewing IO be sued in his official capacity in a 1447b civil action. He would have to be SERVED as well :D
You can if you want to. (Though I am not sure you can sue the IO in his official capacity. I think you can sue him only as an individual if he personally did something wrong.)
However, your IO is just a very small fish in the pond. He has no power to make decisions. I personally will go for the biggest fish in the pont, the ones who can order the rest of the organization to expedite.
Though, I agree that it would be a lot of fun to see him sweat when he is served. :)
------------------------
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
 
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yousif said:
You did the right thing (the American thing to do). Stand up for yourself. You indeed will gain respect. Be prepared to fight in court even though it will never get to court. In 2-3 months, you will be Citizen

Hi Yousif,

any update on your case, did AUSA agreed on without prejudice term or not. Let us know as soon as you hear something, and also I have sent complain, summons, and exhibit to everyone but I didn't send order for conffrence which I got today so should I send order of conference to everyone too.

Thanks
 
meshmesh said:
if we all agree about this, Is anybody have a specific idea on how we will organize this, and put it to work?
Can we divide the work between us?
How we will exchang the information?
Any thoughts?
if we agreed on any of this idea, we have to find out who is in , and who is out, then if need if any legal authorization we have to delgate some oen to apply for that with the respective authority, if need money, like paying for newpaper ad, or some liek, we have to set an account, designate a group to spend the money, in all the cases, one we hae to do, get a detailed, and final list of who is
 
mohamedmohamed said:
if we agreed on any of this idea, we have to find out who is in , and who is out, then if need if any legal authorization we have to delgate some oen to apply for that with the respective authority, if need money, like paying for newpaper ad, or some liek, we have to set an account, designate a group to spend the money, in all the cases, one we hae to do, get a detailed, and final list of who is

Mohamedx2 and others:
I have a good idea is a start-up:
1.we will intiate a brand new thread for this issue.
2.evrybody affected by the Name check blackhole (for nay kind of application N-400, I-485......)will submit his story.
3.The story have to be short, strong and effective. when i said effective i mean the victum of this allaged name check will explain how long he is waiting for, what avenues he tried in order to sole this problem, how this problem affect him personally, his family, and the community as whole.
5.If anybody have a graduate,postgraduate degrees, it a shame for the U.S. to enforce such a legal immimigant person like him to leave the country, while the congress is solving thoes illigal immigrant problems.
4.Arguing the President,Senates, cogressmen, human rights watch to solve our problem first before they pass the illigal immigrants law. we have the priority over them, since we are legal, we paid our taxes, we worked our ass off.and in top of that, we have no criminal history THAT WOULD ALLOW THE FBI, CIS TO HOLD OUR LIFE LIKE THAT JUST BECAUSE THEY HAVE A BROKEN, CORUPPTED SYSTEM.
5. once we guther enough stories, we will ask the folks who won thier law sues regarding the same issue, to post thier names, and the fimnal judjment they get from the courts.
6. send evrything toNewspapers,FBI,CONGRESS,CIS,WHITEHOUSE,,EVRYBODY.
7.The whole process of guthering this information will take only evrybody about 1o min. to write his story, we can be done in one week. only one week will solve our problem.
 
meshmesh said:
Mohamedx2 and others:
I
6. send evrything toNewspapers,FBI,CONGRESS,CIS,WHITEHOUSE,,EVRYBODY.
7.The whole process of guthering this information will take only evrybody about 1o min. to write his story, we can be done in one week. only one week will solve our problem.
not a bad idea, personally i agree.
practical point, whom is going to start the new site, and administer it?
when do we start? today, tomorrow, next week?
the quantity is very important, how many do we have.?
some people probably are concerned about their privacy, what type of personal they need to submit?
why dont start by delgate opne person to every state, or every court circuit?, and then work our way from ther?
 
we already have much of what we need

let not forget that this thread have almost all the stories we need, how can we put this for a good use?
may be print it , and selcet some of it, print it , and distribute it?
how many user we have registred here?
how many of them have their case sloved, after they filed with court?before they filed with court?, still pending?, planing on filing in the future, still stuck, but havent done anythign about it?
statistics like that is very indicative to the magnitude of the problem
 
sfaizullah said:
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.
This is not necessary. You have no obligation to send them the cases you found. You have to send them only documents that you are going to use during trial (for examples, letters from USCIS, FBI, etc.)

In fact, you don't want to do all the homework for them; let them do their own homework. Both sides have a duty to research cases and rules applicable to your lawsuit. If you have good cases to support your case, you don't want to show these cards to the other side too early because you don't want them to prepare all the oppositions to your argument.

Now, said that, if the other side files a motion (e.g., to dismiss the case) and you have to answer their motion, you will have to quote cases you found in support of your opposition to defendants motions.

I hope it helps. Good luck to you.
------------------------
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
 
mohamedmohamed said:
let not forget that this thread have almost all the stories we need, how can we put this for a good use?
may be print it , and selcet some of it, print it , and distribute it?
how many user we have registred here?
how many of them have their case sloved, after they filed with court?before they filed with court?, still pending?, planing on filing in the future, still stuck, but havent done anythign about it?
statistics like that is very indicative to the magnitude of the problem

The whole idea from issuing the new thread is to refine the people whose intested in participation.
like i said the story has to be short, strong and effective.
also the number of people is very important.CIS said than less than 1% are affected by this issue. we want to show them that about 50% are affected.
If we done this, it is going to be like filing a thousends of law sues, but this time not in courts, it is in the media.
it will show the whole nation how the gov. agencies are so screwed.
 
anybody name check cleared in 4 months?

Did anybody's name check get cleared without filing 1447b? It appears to me that without filing the lawsuit, it would never be cleared, since FBI don't care, until they are forced to do so by lawsuit.
 
meshmesh said:
Mohamedx2 and others:
I have a good idea is a start-up:
1.we will intiate a brand new thread for this issue.
2.evrybody affected by the Name check blackhole (for nay kind of application N-400, I-485......)will submit his story.
3.The story have to be short, strong and effective. when i said effective i mean the victum of this allaged name check will explain how long he is waiting for, what avenues he tried in order to sole this problem, how this problem affect him personally, his family, and the community as whole.
5.If anybody have a graduate,postgraduate degrees, it a shame for the U.S. to enforce such a legal immimigant person like him to leave the country, while the congress is solving thoes illigal immigrant problems.
4.Arguing the President,Senates, cogressmen, human rights watch to solve our problem first before they pass the illigal immigrants law. we have the priority over them, since we are legal, we paid our taxes, we worked our ass off.and in top of that, we have no criminal history THAT WOULD ALLOW THE FBI, CIS TO HOLD OUR LIFE LIKE THAT JUST BECAUSE THEY HAVE A BROKEN, CORUPPTED SYSTEM.
5. once we guther enough stories, we will ask the folks who won thier law sues regarding the same issue, to post thier names, and the fimnal judjment they get from the courts.
6. send evrything toNewspapers,FBI,CONGRESS,CIS,WHITEHOUSE,,EVRYBODY.
7.The whole process of guthering this information will take only evrybody about 1o min. to write his story, we can be done in one week. only one week will solve our problem.

You can update your story to
http://en.wikibooks.org/wiki/FBI_name_check
 
khalafah2000 said:
Did anybody's name check get cleared without filing 1447b? It appears to me that without filing the lawsuit, it would never be cleared, since FBI don't care, until they are forced to do so by lawsuit.
It appears to be that way. If your name check is not completed at the time of your interview, you are stuck. Don't even bother to wait.
------------------------
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
 
buggin said:
It appears to be that way. If your name check is not completed at the time of your interview, you are stuck. Don't even bother to wait.
------------------------
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 will certainly, definately, surely not wait. The only thing i am concerned that they may change the law before 09/12/06, when my 120 days would be over.
 
I am Still Here!!!

Hey Guys and Girsl :)

I am still here... I have just started a second part-time job due some personal problems... I try to catchup with you guys but this forum is going too fast and I am not so fast reader like Mohamed and Suzy... any ways please keep up the hard work and keep me included in your prayers...
 
buggin said:
Mr. LA,
I'd like to apologize to you and everybody else on this forum for my distasteful joke. I didn't realize you would feel this way. So, I am sorry. I hope you forgive my insensitivity.
I understand that everybody is stressed out here, and so am I, getting ready with lawsuits. I just thought a little joke wouldn't hurt. I thought wrong. I promist not to joke any more.

Peace...

Don't worry, a little bit of humor and some jokes once in a while are more than welcome.
Just you need to be careful who you're joking too ;)
Don't kill yourself over this issue.
 
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apologize is accepted

buggin said:
Mr. LA,
I'd like to apologize to you and everybody else on this forum for my distasteful joke. I didn't realize you would feel this way. So, I am sorry. I hope you forgive my insensitivity.
I understand that everybody is stressed out here, and so am I, getting ready with lawsuits. I just thought a little joke wouldn't hurt. I thought wrong. I promist not to joke any more.

Peace...

P.S. Yes, I do watch court TV a lot and, in fact, I know a lot about court proceedings. So, following your example, I am willing to help everybody as much as I can.

Apologize is accepted, I thank you for understanding the stress I am going through. Everyone here his different situation, I think mine is different and I wish to go through it soon. I do apologize if I said anything wrong.

I wish you and everyone here the best. And god help us :)
 
syt said:
buggin, said904, and sakun

I just called Justin X. Wang (415) 576-9923. He charges US$ 3,500 + filing fee US$400. However, he said that it is too early for me to start with lawsuit. He asked me to call him after 120 days after interview. That is 08/11/2006. The chance to win this case of 1447(b) petition is 100%. I just can't wait to sue USCIS. Thansk a lot for providing me this information.

Sty:

Thank you for sharing Lawyer's information. I am in almost exactly same situation. I passed my interview 4/20 and had not heard anything since then. It is just wrong for USCIS to keep everyone in the dark and doesn't know what is the end of this citizenship process. I think I will sue them once 120 days pass by. I live not too far away from SF. Therefore, I can use the lawyer's information you posted. Thansk a lot. Please keep us updated for your case. By the way, you mentioned that winning 1447(b) petition is 100%. Did Justin Wang said that? Thanks.

jack
 
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