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

[xu111]

It takes about 10 days for mine to be delivered

Hi, nobigdeal,

I mailed out my summons on 06/05/2006 (one day earlier than yours) and I saw all of them were delivered on 06/14/2006 evening. Give them couple more days and it should be fine.

Hi Fighters,

I sent out the summons on 6/6/06 by certified mail with return receipt. I received one receipt from local AUSA in a couple of days. However, out of the 5 other mails to Washington, USPS online status only showes one delivery and the other 4 are still in the initial status of "accepted on 6/6/06". It's been 10 days already, is it normal?

Thanks.

 

[nobigdeal]

Hi, nobigdeal,

I mailed out my summons on 06/05/2006 (one day earlier than yours) and I saw all of them were delivered on 06/14/2006 evening. Give them couple more days and it should be fine.

Thank you xu111. Let's help each other out to win this fight.

 

[Haddy]

Hey Haddy,

I think you might of just found a new best friend
Similar to your case, US Atty just filed Motion to Dismiss in mine. USCIS requested to expedite my namecheck in Apr, but no response back.

Let's put our minds together and see what we can do.

Oh yes not a problem at all... lets get together... I mean I am ready... lets work togewther... i am sure you have already read about my case... when did the AUSA filed this motion to dismiss on your case... which state/district are you in...

 

[greencard12]

count me in

Oh yes not a problem at all... lets get together... I mean I am ready... lets work togewther... i am sure you have already read about my case... when did the AUSA filed this motion to dismiss on your case... which state/district are you in...

If you read my previous posts, you probably know my situation. AUSA has not file the motion to dismiss yet. We talked a few days ago and he agreed to find an alternative solution.

 

[Haddy]

If you read my previous posts, you probably know my situation. AUSA has not file the motion to dismiss yet. We talked a few days ago and he agreed to find an alternative solution.

Sure my friend you are in I am in every one on this forum is in... it is amazing how we feel strong together... and we want nothing more than our right to fair process... Great... I am glad you are in too... when your answer due... I am sorry too much going on in my life right now... i dont remember what you wrote in previous posts... actually guys I am going to tell you this... I like to drive... an like every one I think I am a good driver... but due to whats going on now a days.. I feel like lost in my driving and always thinking about my case... I think its a process to prepare myself for the fight with USCIS in the court...

 

[BoFromUkr]

Haddy - I just sent you an email.

Greencard12 (nice name) - Did USCIS expedite your case too? If so, when. I'm sorry if I'm asking the questions you already answered. Also, I'm a bit confused is US Atty going to file motion to dismiss or just extention?

All - My namecheck was expedited by USCIS on Apr 27 (after WOM). Still no response from FBI....

Also, how do I attach docs here? I found a great one to help with fighting against mandamus dismissals.

 

[Haddy]

Haddy - I just sent you an email.

Greencard12 (nice name) - Did USCIS expedite your case too? If so, when. I'm sorry if I'm asking the questions you already answered. Also, I'm a bit confused is US Atty going to file motion to dismiss or just extention?

All - My namecheck was expedited by USCIS on Apr 27 (after WOM). Still no response from FBI....

Also, how do I attach docs here? I found a great one to help with fighting against mandamus dismissals.

When you write your reply... scroll down a little on your screen and you will find manage attachment icon... rest i am sure you know how to do it... I did receive your email... I am going to study it by tonight or tomorrow morning... i skimmed thru pretty quick and it is pretty basic... dont worry we get thru this pretty fast... my name check was expedited April 19 and still no update... lets see what happens...

 

[mohamedmohamed]

Hey Haddy,

I think you might of just found a new best friend
Similar to your case, US Atty just filed Motion to Dismiss in mine. USCIS requested to expedite my namecheck in Apr, but no response back.

Let's put our minds together and see what we can do.

i have said this before to haddy, and i willrepeat it again, i think youe best option it file for an extention to see how long does it take to get the name check done, since the uscis have requested name check expedite, they will look in fornt of the judge as if they did everything they can.

 

[mohamedmohamed]

You should try, it will be very nice if you'll be a new Publicus opening a thread, later on, something like this: "How to become Naturalized right-away after you get your GC if USCIS delayed your PR for over X years"
am working on it, i have asked one lawyer , he doesnt seem to think it is possible, the statue explicitly said "3 years after being admitted as a permanant resident" so that doesnt leave much hop, but will keep looking, if even find a 30, or 40% chance i will do it, but as of now it is not prtomising.
thanks though

 

[ja06]

Letter of Intent to Sue works

I was waiting patiently to have my Naturalization application adujdicate since July 2004 until I read an article on local newspaper "Immigrants are suing to speed up citizenship" I found the same artical in this forum. The article was on The Boston Globe.( Dce. 17, 2005) I did what everyone does in this forum. Respond from USCIS? "Your name check in pending"

I didn't want to take this unreasonable delay any more. I was looking for Immigration lawyers. In my small town we don't have any. I called several lawyers in Houston. Respond? "wait, it would be ok" or "Sorry, we don't do this kind of case..." Some of them demanded unreasonable upfront fees before they even talk to me.

I contacted (mostly by email) attorney Gregory Romanovsky who assisted immigrants on The Boston Globe. Mr. Romanovsky sent " Letter of intent to sue". My case was adjudicated less then ten days. I became a citizen of this great nation which we call our home on June 13, 2006.

Attorney Romanovsky charges reasonable fees, doesn't charge e-mail. His contact: gromanovsky@bmaidenlaw.com. 617-739-6977/617-739-6774. Go: "city of Boston", you will see his name.

Disclaimer: I am not a lawer. I didn't get paid by anyone. Each person has different case.

 

[Jeta]

Thank you very much for the detail description of your processess. I learned a lot. I mailed my complaint to the court, but didn't include a summon form. This is why I didn't receive a stamped summon, however, they gave a form of waiver of Summon. This made me confusion. After read your message and Pro Se's handbook, understand it. I will ask the court to stamp the summons, then serve them to defendants.

I guess you've read many posts and people did it differently. I went to the court with 2 original complaints and 4 copies. I also printed 6 summons using the form downloaded from the Court's web site, with 1 defendant on each summon. At the Court house, the Clerk made me to prepare a summon with all defendants' names instead. She then stamped all the complaints and the summon, so on the front page of each there was the case no and filng date as well as the initials of the assigned judge. She took 1 original and 1 copy of the complaint, gave me the stamped summon, plus a whole bunch of other documents. She said I could make copies of these documents, send each defendant a set (1 summon, 1 complaint, and 4 other documents---as I counted, but I don't remember their names exactly now). I was pretty confused at that time and tried to ask more questions, but her answers were sort of confusing. I wonder if you got the same impression or not. I was also assigned a judge in SF and was told future correspondence should be sent to the SF Court. Anyway, when I sent out the package, I remember each has 6 documents. I did not sign anything else except my petition. The ADR requires both sides to agree with the terms, so there is nothing you can do at this point, because you don't know what the defendants want to do anyway. Practically, I doubt the DHS/USCIS/FBI/Attorney General would ever contact you to reach an agreement with you! So at the end you would only need to deal with the local US Att. In a couple days, you will receive a package from the Court, acknowledging they have scheduled the initial case conference date for you, as well as other dates, such as when you should initiate contact with the defendant (or their attorney, ~ 3 weeks before the conference), when to sign the ADR, and when to file the joint initial case conference statement(~10 days before the conference) etc. I stayed in touch with the Assistant US Att. assigned to my case. At the end we did not even go to the point to work on the initial case statement, luckily .

I was quite busy and did not have much time to study. I did keep an eye on this forum and saved information/old cases/legal advice that I thought I might need later. I also set aside a few minutes at weekend to glance through the pro se handbook, trying to find out what to do next and what I am expecting in the coming week, etc. I have to admit there were way too much information/terms to understand at that time. But once you are there, you will sure be able to figure out what is going on.

Good luck.

 

[Haddy]

i have said this before to haddy, and i willrepeat it again, i think youe best option it file for an extention to see how long does it take to get the name check done, since the uscis have requested name check expedite, they will look in fornt of the judge as if they did everything they can.

Oh I am sorry Mohamed... You are right about that... I am preparing that... I think that is what I meant when talking to Bo and Greencard... (at least that is what I was thinking)...

Guru, dont worry...

 

[kenny485]

I was waiting patiently to have my Naturalization application adujdicate since July 2004 until I read an article on local newspaper "Immigrants are suing to speed up citizenship" I found the same artical in this forum. The article was on The Boston Globe.( Dce. 17, 2005) I did what everyone does in this forum. Respond from USCIS? "Your name check in pending"

I didn't want to take this unreasonable delay any more. I was looking for Immigration lawyers. In my small town we don't have any. I called several lawyers in Houston. Respond? "wait, it would be ok" or "Sorry, we don't do this kind of case..." Some of them demanded unreasonable upfront fees before they even talk to me.

I contacted (mostly by email) attorney Gregory Romanovsky who assisted immigrants on The Boston Globe. Mr. Romanovsky sent " Letter of intent to sue". My case was adjudicated less then ten days. I became a citizen of this great nation which we call our home on June 13, 2006.

Attorney Romanovsky charges reasonable fees, doesn't charge e-mail. His contact: gromanovsky@bmaidenlaw.com. 617-739-6977/617-739-6774. Go: "city of Boston", you will see his name.

Disclaimer: I am not a lawer. I didn't get paid by anyone. Each person has different case.

To whom did he sent the letter to sue? and what city was your case pending?

 

[h1234567]

how did one find out if uscis expedite the namecheck or not?

After filed WOM, how did one find out if uscis expedite the namecheck or not? by talking to AUSA?

Thanks a bunch!

Hey Haddy,

I think you might of just found a new best friend
Similar to your case, US Atty just filed Motion to Dismiss in mine. USCIS requested to expedite my namecheck in Apr, but no response back.

Let's put our minds together and see what we can do.

 

[BoFromUkr]

When you write your reply...

I'm planning on writing a draft over the weekend and wait until the last day to file it with court

Thanks for crash course on attachments.

Below is the file I mentioned earlier. Very useful when preperaring a response to motion to dismiss.

 

[BoFromUkr]

i have said this before to haddy, and i willrepeat it again, i think youe best option it file for an extention to see how long does it take to get the name check done, since the uscis have requested name check expedite, they will look in fornt of the judge as if they did everything they can.

Well, I have a slightly different take:
a. Judge can still compel USCIS to perform their duty (see South FL 04-CV-22407). Security checks need to be completed in the timely fashion, else they loose their merit.
b. Once namecheck was expedited FBI returns results within 24/48hrs. In the case it does not, I believe that Bureau truly 'thinks' it has some type of negative information on individual. Of course it can not be strong evidence, else one would be already denied, deported or incarcerated by now. Most likely the person's name came up somewhere for one reason or another in their search, hence they do not feel comfortable clearing it without reviewing supporting documentation, which is likely to be misplaced (aka lost) forever. Hence, we are stuck indefinitely.

Based on the above, the only way to get GC/Citizenship is to continue with the lawsuit and seek Judge's order.

 

[BoFromUkr]

After filed WOM, how did one find out if uscis expedite the namecheck or not? by talking to AUSA?

Thanks a bunch!

a. You can ask Senator/Congressman to inquire of USCIS.
b. You might get lucky and find out w/ InfoPass
c. Inquire of AUSA
d. Read Motion to Dismiss document filed in your case by AUSA - this happened to me

 

[mohamedmohamed]

Well, I have a slightly different take:
a. Judge can still compel USCIS to perform their duty (see South FL 04-CV-22407). Security checks need to be completed in the timely fashion, else they loose their merit.
b. Once namecheck was expedited FBI returns results within 24/48hrs. In the case it does not, I believe that Bureau truly 'thinks' it has some type of negative information on individual. Of course it can not be strong evidence, else one would be already denied, deported or incarcerated by now. Most likely the person's name came up somewhere for one reason or another in their search, hence they do not feel comfortable clearing it without reviewing supporting documentation, which is likely to be misplaced (aka lost) forever. Hence, we are stuck indefinitely.

Based on the above, the only way to get GC/Citizenship is to continue with the lawsuit and seek Judge's order.

i agree with you in the part that they definitely dont have anythign against you, but them requesting nam check expedit is a good maneuver, so they will like if they did all they can( at least on the UScis side) and that will get a lot of credit from the judge, which will make a bit harder on you to prove otherwise.
secondly i think it is only a matter of time before everything is cleared and done, sure it have to bee a reasonable time but am sure it is a lot easier for them to connvince the court that a period of a (moth, 45 days ) is reasonable, since the fbi are busy, and have a limited number of expedited checks they can do in a priod of a week, or a month( as one here have mentioned, about 50 per month, or per week, Not really sure) buti think a request of extention will give you a chance to give them a chance, and by the ebd of the extention you can say to the court, that it is clear that they are not serious about resolving the matter, and then it is more likely taht you will have the sympathy of thecourt.

 

[ejb2k]

Recieve oath letter today!

I got a mail from USCIS today and can't believe it is the oath letter!

I was interviewed back in end of the march and got "decision can't
be made". My name check is pending as of last month, and I thought
lawsuite is only way out... but looks like sometimes miracle does happen!

Good luck to all of you in the forum!!

 

[ja06]

To whom did he sent the letter to sue? and what city was your case pending?

He sent the letter to directors of USCIS, San Antonio, TX. My case was pending there. Immigration lawyers don't need to be from your city or state. It's always good if you find one in your city though.