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

[mohamedmohamed]

Haddy:

What phone # did you use to call FBI to check your fringerprint? I want to do the same to make sure USCIS had send my fingerprint and my name to FBI. Sometime USCIS just forgot about your case and put it aside and FBI never receive the case. Thanks,

Jack

there is all the ph0ne numbers for post # 2964


There is a doc on the forum "FBI name check primer". i got the following information from that doc. I had sent FOIPA already around couple of weeks ago. Then I wanted to send a Name Check Inquiry Fax, but now, you guys are saying that FBI doesn't accept faxes. Is the info. on that doc is now old?
Also what other information is still relevant on the following list? I mean, apart from FOIPA, anything else from this list useful? I am also thinking of writing directly to "William Hooton – Asst Director RMD Office" requesting an expedited name check due to my personal situation(wife and infant kids waiting outside of USA for more than 3 and half years etc). Any advice on it? Also got infopass appointment for next week and wrote to senators and congressman. Very likely none would work, but just keeping myself busy and collecting evidence that I did everything what I could before filing 1447b.

FBI Fingerprint Status (304) 625-2000
FBI Name Check Status (Main Line) (202) 324-3625
FBI NNCP Public Inquiry Voice Line (202) 324 2399
FBI Name Check Inquiry Fax (202) 324-3367 (Mention Name/DOB/A#/Ph#/Addr#/Email/Fax)
FBI NNCP Analyst Diane Berger – (202) 324 0680 (Do not nag the analysts)
FBI NNCP Supervisor Renee Morton – Call the FBI main line and ask for this person.
FOIPA Contact Person Debbie Beatty (202) 324 6182
FOIPA Fax Inquiry (202)-324-3752
William Hooton – Asst Director RMD Office – (202)-324-7129 (Use as a last measure

 

[mohamedmohamed]

This is a great document, Mohamedx2. But it is geared towards 1447(b) petitions. Haddy needs help with handling WOM cases.
Everybody who filed WOM, please help Haddy. He needs our help.

you are right,

 

[mohamedmohamed]

Originally Posted by buggin
This is a great document, Mohamedx2. But it is geared towards 1447(b) petitions. Haddy needs help with handling WOM cases.
Everybody who filed WOM, please help Haddy. He needs our help
i just prionted the us attorney response, and will try to go through it in the weekend, an sure is it have too many hole sin it, but as one of the other guiys posted here, TSA3400 had a draft that i expect to be in the core of what the us attorney have filed, beside , since the uscis have intiated an expedit request, there is not much they can do more than that, but what haddy can do, is to ask for an extention period, of 30, 45 days, to see if the uscis can finish the name check, am sure they will by then, because it is hard to ask the court, to tell them to apporve the case before the end of the n/c, and the muximum the can do is to ask for expedite handling of his n/c, which they have did, so my opinion he should ask for extention, and file a motion to counter their motion for dismissing the case, that way the case can stay in court, untill it is approved

 

[buggin]

buggin,
I mailed original summons out and keep the copys of each summons. This should be ok, right?

As I understand you mailed the original summons to the defendants?
My court clerk told me that I have to give the original summons back to the court with the certificate of service. That is exactly what I did. I send copies to the defendants.
I don't think it is a big deal though. As long as you file the certificate of service with the court after all the defendants are served, you should be fine.

 

[cajack]

Thank you very much.

Jack

there is all the ph0ne numbers for post # 2964


There is a doc on the forum "FBI name check primer". i got the following information from that doc. I had sent FOIPA already around couple of weeks ago. Then I wanted to send a Name Check Inquiry Fax, but now, you guys are saying that FBI doesn't accept faxes. Is the info. on that doc is now old?
Also what other information is still relevant on the following list? I mean, apart from FOIPA, anything else from this list useful? I am also thinking of writing directly to "William Hooton – Asst Director RMD Office" requesting an expedited name check due to my personal situation(wife and infant kids waiting outside of USA for more than 3 and half years etc). Any advice on it? Also got infopass appointment for next week and wrote to senators and congressman. Very likely none would work, but just keeping myself busy and collecting evidence that I did everything what I could before filing 1447b.

FBI Fingerprint Status (304) 625-2000
FBI Name Check Status (Main Line) (202) 324-3625
FBI NNCP Public Inquiry Voice Line (202) 324 2399
FBI Name Check Inquiry Fax (202) 324-3367 (Mention Name/DOB/A#/Ph#/Addr#/Email/Fax)
FBI NNCP Analyst Diane Berger – (202) 324 0680 (Do not nag the analysts)
FBI NNCP Supervisor Renee Morton – Call the FBI main line and ask for this person.
FOIPA Contact Person Debbie Beatty (202) 324 6182
FOIPA Fax Inquiry (202)-324-3752
William Hooton – Asst Director RMD Office – (202)-324-7129 (Use as a last measure

 

[kenny485]

Haddy, this is what you need.

One is a response for WOM non discretionary duty, and the other is for WOM lack of Jurisdiction.
Hope it helps all in this situation.

Update: I did sent a letter to Fist Lady Laura Bush, I received a response from the FBI 2 months later stating the same old B.S. that they received my letter to the first lady, and they are working as expeditiously as possible but no definite date for completion. Then they explained the difference between the FOIPA request which is main files and the NNCP which is reference files. Waste of Time.
I also sent a letter of Intent to Sue to the US Attorneys office in Houston, no response as yet either. Giving them 30 days to respond. Two weeks left for me to file the WOM.
Waste of Time.

 

[buggin]

but what haddy can do, is to ask for an extention period, of 30, 45 days, to see if the uscis can finish the name check, am sure they will by then, because it is hard to ask the court, to tell them to apporve the case before the end of the n/c, and the muximum the can do is to ask for expedite handling of his n/c, which they have did, so my opinion he should ask for extention, and file a motion to counter their motion for dismissing the case, that way the case can stay in court, untill it is approved

Mohamedx2,
This is a great idea. I agree with you that the court will not approve the case if they know for sure that the name check hasn't been completed yet. A request for extension could be the way to go.

 

[buggin]

Update: I did sent a letter to Fist Lady Laura Bush, I received a response from the FBI 2 months later stating the same old B.S. that they received my letter to the first lady, and they are working as expeditiously as possible but no definite date for completion. Then they explained the difference between the FOIPA request which is main files and the NNCP which is reference files. Waste of Time.

I agree, don't waste your time.

I also sent a letter of Intent to Sue to the US Attorneys office in Houston, no response as yet either. Giving them 30 days to respond. Two weeks left for me to file the WOM. Waste of Time.

I agree that the demand letter is a waste of time as well, especially if you send it to the US Attorney. They have no duty to respond to any demands, unless there is a lawsuit pending.

 

[fightback]

One is a response for WOM non discretionary duty, and the other is for WOM lack of Jurisdiction.
Hope it helps all in this situation.

Kenny,
Thanks for the attachment. I read through the petitioner's response. I think it's very good. Do you know what is the outcome for this lawsuit? Thanks!

 

[ejb2k]

FOIPA doesn't accept FAX..

Does

there is all the ph0ne numbers for post # 2964


There is a doc on the forum "FBI name check primer". i got the following information from that doc. I had sent FOIPA already around couple of weeks ago. Then I wanted to send a Name Check Inquiry Fax, but now, you guys are saying that FBI doesn't accept faxes. Is the info. on that doc is now old?
Also what other information is still relevant on the following list? I mean, apart from FOIPA, anything else from this list useful? I am also thinking of writing directly to "William Hooton – Asst Director RMD Office" requesting an expedited name check due to my personal situation(wife and infant kids waiting outside of USA for more than 3 and half years etc). Any advice on it? Also got infopass appointment for next week and wrote to senators and congressman. Very likely none would work, but just keeping myself busy and collecting evidence that I did everything what I could before filing 1447b.

FBI Fingerprint Status (304) 625-2000
FBI Name Check Status (Main Line) (202) 324-3625
FBI NNCP Public Inquiry Voice Line (202) 324 2399
FBI Name Check Inquiry Fax (202) 324-3367 (Mention Name/DOB/A#/Ph#/Addr#/Email/Fax)
FBI NNCP Analyst Diane Berger – (202) 324 0680 (Do not nag the analysts)
FBI NNCP Supervisor Renee Morton – Call the FBI main line and ask for this person.
FOIPA Contact Person Debbie Beatty (202) 324 6182
FOIPA Fax Inquiry (202)-324-3752
William Hooton – Asst Director RMD Office – (202)-324-7129 (Use as a last measure

 

[kenny485]

Kenny,
Thanks for the attachment. I read through the petitioner's response. I think it's very good. Do you know what is the outcome for this lawsuit? Thanks!

The petitioner won.

The judge favored the petitioner and ordered USCIS to adjudicate the I-485.
Then the Defendants filed to vacate the order based on lack of jurisdiction.
The judge favored the petitioner again and dismissed the defendants "motion to dismiss based on lack of jurisdiction."

I have all the court dockets, I can attach if you like.

I have one question though, some I-485 WOM uses code 540 on the civil cover sheet, yet I have seen some uses 890 on the I-485 WOM also.
Which one is correct? I know the 890 is definetly for 1447b, but is it also for I-485 WOM or code 540.

 

[Mr LA]

Hello All

Hello all

I have spoke with U.S attorney today, was very nice guy, professional person, kind, well respected person, I introduced my self, and I gave him my case #, he mention to me that they have sent inquiry to the USCIS same day they got my complaint and he will get back to me in 2 or 3 weeks, if NOT I should call him back. He told me this kind of cases will finish with 60 days the court give them .So I hope the best.

The best to all of us

 

[buggin]

Good news

Hello all

I have spoke with U.S attorney today, was very nice guy, professional person, kind, well respected person, I introduced my self, and I gave him my case #, he mention to me that they have sent inquiry to the USCIS same day they got my complaint and he will get back to me in 2 or 3 weeks, if NOT I should call him back. He told me this kind of cases will finish with 60 days the court give them .So I hope the best.

The best to all of us

Mr LA,
It looks like your case is moving along. Hopefully, it will get resolved quickly. This is an encouraging news for me, as I am waiting to call my US Attorney. I'll probably give them a call in a week.

 

[cajack]

Happy for you man. Wish you good luck on your case and you will be a citizen soon.

Jack

Hello all

I have spoke with U.S attorney today, was very nice guy, professional person, kind, well respected person, I introduced my self, and I gave him my case #, he mention to me that they have sent inquiry to the USCIS same day they got my complaint and he will get back to me in 2 or 3 weeks, if NOT I should call him back. He told me this kind of cases will finish with 60 days the court give them .So I hope the best.

The best to all of us

 

[syt]

Hello all

I have spoke with U.S attorney today, was very nice guy, professional person, kind, well respected person, I introduced my self, and I gave him my case #, he mention to me that they have sent inquiry to the USCIS same day they got my complaint and he will get back to me in 2 or 3 weeks, if NOT I should call him back. He told me this kind of cases will finish with 60 days the court give them .So I hope the best.

The best to all of us

Mr LA,

Sounds good. Looks like you'll be US Citizen in 1 month. Good luck my friend. Please keep us post.

syt

 

[mohamedmohamed]

Hello all

I have spoke with U.S attorney today, was very nice guy, professional person, kind, well respected person, I introduced my self, and I gave him my case #, he mention to me that they have sent inquiry to the USCIS same day they got my complaint and he will get back to me in 2 or 3 weeks, if NOT I should call him back. He told me this kind of cases will finish with 60 days the court give them .So I hope the best.

The best to all of us

that is a good news, i really think that they try to get id finished before the end of the 60 days, sometime they can becase of the complexity of the issue, between differrent agency, and all that, but i know they dont want to try these case, because every loss in court for them, is a big defeat, instead theyrather want to se it dismissed.
you have to rememebr that id the preson in charge of your case is on vaccation or some that could effect it.
like teh US attorney who have my case is on vactaion from yesterday till 19th, luckilu i knew that my n/c have been cleared, otherwise i probably would have aited till he come the 19th, the they will send me a notice for anoteh rfp, that will atke at least another week, then he will have to ask for extension, and it is going to look like a real mess.
what am trying to say is that most of the time it will be resolved within the 60 day, or as soon as they could after that, i have not heard of any case that didnt end up solved, after a law suit is filed, not a single one, i know os some extentions, and motion, but it is always end up solved for the plaintiff

 

[Haddy]

Haddy:

What phone # did you use to call FBI to check your fringerprint? I want to do the same to make sure USCIS had send my fingerprint and my name to FBI. Sometime USCIS just forgot about your case and put it aside and FBI never receive the case. Thanks,

Jack

That number was 304 625 2000. When you call this number you tell who ever first comes on the phone... you tell them that you are calling to find out about your fingerprints... they transfer your call to a customer service rep... the customer service rep asks your name and A# and tell you your most recent fingerprint results... I hope this is what you are looking for... let me know if I can be of some help...

 

[Haddy]

Haddy,

Three weeks ago when I called district attorney for my WOM case, he said he would file a motion to dismiss for lack of subject matter jurisdiction. So I know exactly how you are feeling now. I have not received their answer yet. I guess they will do it in the last minute, which is the end of this month. But I am determined to fight whatever bulls**t they will come up with.

One bright side of your case is that they already initiate the expedite name check for you. So your NC may get cleared even before you finish your answer.

Good luck to all of us.

Thanks Greencard... I kinda like your name...

 

[Haddy]

This is a great document, Mohamedx2. But it is geared towards 1447(b) petitions. Haddy needs help with handling WOM cases.
Everybody who filed WOM, please help Haddy. He needs our help.

Thanks Buggin... I felt alone when I recvd AUSA response... I was feeling very alone... I dont have any friends but you all to come back to... I have no words to thank you all for your help... I hope it gets over soon...

 

[buggin]

Thanks Buggin... I felt alone when I recvd AUSA response... I was feeling very alone... I dont have any friends but you all to come back to... I have no words to thank you all for your help... I hope it gets over soon...

Haddy,
I know what being lonely in this country is. You feel scared and desperate, and you do feel like there is nobody else in this world. But... there are always people who are willing to help. This is the nicest thing I learned since I came to this country. So, have faith in people (not those who are giving us such a hard time ) and they will help.