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

Anybody from OHIO area???

Is there anybody from the Ohio (dayton) area who can help me out filing 1447b. I am really nervous filing the case against US government body .......I hope i dont do anything wrong.
 
Weird!!!!

isn't kinda WEIRD that the AUSA doesn't return my phone calls. I left 2 messages on his voicemail and one with his paralegal, non were returned. I never spoke to him since the case was filed. Tried to establish communication, but failed. did anyone have the same experience?? It's kinda worrisom
 
saden1 said:
I have been waiting for my green card for nearly six years and have yet to receive it.

Saden1, it is time for you to stop waiting and act. Believe me, I know from my own experience.

I was granted asylum under my father in 09/2000 and was recently sent a letter saying that I have to apply for asylum in my own right.

I am not well familiar with asylum cases, but this is what I found on the USCIS web site:

"If you were granted derivative asylee status as the child of an asylee and your are now over age 21 and are unmarried, you should contact the nearest asylum office and request information on filing a 'nunc pro tunc' asylum application (using From I-589)...."

I guess this is what the letter you have received means.


I'm fed-up and would like to sue USCIS Pro Se.

Here is a link to an Asylum discussion group of this forum. It might be more helpful for you to seak for information there:

http://boards.immigrationportal.com/forumdisplay.php?f=37


Also, since I don't have an attorney and will be spending a lot of my time and money I'd like to also have the government pay for the time and cost. Is this possible? Is there a proper term for such a thing?

You cannot ask the court to award you a compensation for your time. Lost time is never compensable in court. You may though get reimbursed for your monetary expenses, but this is only if you win. And then again, this is going to be at your judge's discretion. The judge can award you your damages or not.
 
nobigdeal said:
Hi Fighters,

I filed WOM for AOS case (NC pending for 28 months) on 6/5/06 in East New York District and sent out the summons the next day. I got the green receipt back from the local US attorney's office in a couple of days and from Washington US attorney general's office in a week and from FBI in 2 weeks. Now the remaining three packages to Washington DHS USCIS are still not delivered (online status shows accepted on 6/6/06). It's been almost 3 weeks. My question is whether the receipts from US attorney's offices are sufficient to file proof of services with the court? Or I still have to wait for the others? Thanks in advance guys.
You have two choices:

1) You can wait for the rest of the green receipts. Under Rule 4(m) of the Fed Rules of Civ Proc, plaintiff has 120 days to serve the complaint on the defendants. As long as you file your proof of service within 120 days from the day you filed the complaint, you should be fine. The most important thing is that the US Atty has been served.

2) You can file your proof of service with the court together with the green receipts that you have. Wait for the rest of the receipts or delivery confirmations from the USPS and file them when you get them.

Either one of these options would work for you. I wouldn't worry too much about it.
 
fightback said:
Sorry buggin, I just saw your post and so happy for you!!! It's another victory for us! Congrats!
Fightback,
Thank you. See, things do turn around in our favor. We just need to stay our course. So, don't give up and keep fighting. ;)
 
Gr33nCard said:
Is there anybody from the Ohio (dayton) area who can help me out filing 1447b. I am really nervous filing the case against US government body .......I hope i dont do anything wrong.

I live in Northern KY/Cincinnati area. You should be Ok w/ the suit in Ohio. Do not worry, go ahead and file.
 
Thanks for you replies, FightBack and Buggin!

I will file with court the proof of service with the receipts from AUSA next monday.
 
buggin said:
Hi everybody,

I have finally a great news to share! I had my naturalization interview on Oct. 5, 2005. Then, I was waiting, waiting, and waiting for the name check to clear. I was so lucky to find this forum and learn that I can do more than just wait. So, I filed my 1447(b) petition on May 30, 2006. My gratitude to everybody on this forum for help and support.

Yesterday, 3 weeks after the US Atty was served with my case, I called the US Atty's office and had a "delightful" conversation with the receptionist that went like this:
- Could you please help me find out if anybody has been assigned to my case?
- I don't know anything about your case.
- Well, could you find out?
- No, I don't know anything. We don't give out any information to people.
- I am not just "people". I am a plaintiff and I need to find out who in your office I can discuss my case with.
- I don't know anything.
- Well, could you transfer me to someone who knows something? (I agree, my question was sarcastic but I couldn't help. ;) )

Finally, she transferred me to another person. I left a voice message. The lady called me back at my home number (though I left her my cell phone) and left a message asking to call back.

Today I called her back and she said: "Well, the USCIS is ready to adjudicate your case but they don't have the jurisdiction." So, she faxed me a stipulation agreement. I liked it and signed it and faxed it back to her. It pretty much said that I agree to dismiss my lawsuit without prejudice and the USCIS agrees to adjudicate the case within 30 days from the dismissal date.

I asked her when should I expect the approval/oath ceremony letter, and she said that the USCIS is trying to get me scheduled for the oath ceremony on July 11.

So, it looks like I am almost there.... Thanks to you all. I wouldn't have done it without this forum. I know I still have to wait for the oath letter, but I am so excited and happy. :p

Eastbayer, it looks like we might have the oath ceremony on the same day (Masonic Center right?).

CONGRATULATIONsssssssssssss...! Buggin and Eastbayer, I really envy you guys. Thank you so much for sharing your experiences here. Your victory make me more confidence to win the lawsuit from USCIS. Enjoy your US citizen-hood.
 
syt said:
CONGRATULATIONsssssssssssss...! Buggin and Eastbayer, I really envy you guys. Thank you so much for sharing your experiences here. Your victory make me more confidence to win the lawsuit from USCIS. Enjoy your US citizen-hood.
Syt,
Thank you for your support.
The good news for you is that it seems that Northern CA District moves fast on this kind of cases.
Good luck to you.
 
Congratulations

buggin said:
Hi everybody,

I have finally a great news to share! I had my naturalization interview on Oct. 5, 2005. Then, I was waiting, waiting, and waiting for the name check to clear. I was so lucky to find this forum and learn that I can do more than just wait. So, I filed my 1447(b) petition on May 30, 2006. My gratitude to everybody on this forum for help and support.

Yesterday, 3 weeks after the US Atty was served with my case, I called the US Atty's office and had a "delightful" conversation with the receptionist that went like this:
- Could you please help me find out if anybody has been assigned to my case?
- I don't know anything about your case.
- Well, could you find out?
- No, I don't know anything. We don't give out any information to people.
- I am not just "people". I am a plaintiff and I need to find out who in your office I can discuss my case with.
- I don't know anything.
- Well, could you transfer me to someone who knows something? (I agree, my question was sarcastic but I couldn't help. ;) )

Finally, she transferred me to another person. I left a voice message. The lady called me back at my home number (though I left her my cell phone) and left a message asking to call back.

Today I called her back and she said: "Well, the USCIS is ready to adjudicate your case but they don't have the jurisdiction." So, she faxed me a stipulation agreement. I liked it and signed it and faxed it back to her. It pretty much said that I agree to dismiss my lawsuit without prejudice and the USCIS agrees to adjudicate the case within 30 days from the dismissal date.

I asked her when should I expect the approval/oath ceremony letter, and she said that the USCIS is trying to get me scheduled for the oath ceremony on July 11.

So, it looks like I am almost there.... Thanks to you all. I wouldn't have done it without this forum. I know I still have to wait for the oath letter, but I am so excited and happy. :p

Eastbayer, it looks like we might have the oath ceremony on the same day (Masonic Center right?).

Congratulations my friend, today is you and tomorrow ;)
 
Hello All " update"

Hello all
I have spoke with U.S Attorney yesterday, he inform me that he send inquire to USCIS the same day he got my complaint 25th, they answer him on the 14th , a lawyer from USCIS he is handling my case personally, he asked me to call in 2 weeks and in the mean time he is sending another inquire, I am almost there inshallah “ god welling” I will be done soon

I wish the best to all of us
 
FedoraCore said:
isn't kinda WEIRD that the AUSA doesn't return my phone calls. I left 2 messages on his voicemail and one with his paralegal, non were returned. I never spoke to him since the case was filed. Tried to establish communication, but failed. did anyone have the same experience?? It's kinda worrisom
What date and District Court did you file???
 
RealSuperK said:
Buggin,

Congrats and enjoy your freedom from the USCIS!

K
Thanks, RealSuperK. I'll start enjoying my freedom from the USCIS once I take the oath. Until then, they still have me on their hook. :)
 
RealSuperK said:
Buggin,

Congrats and enjoy your freedom from the USCIS!

K
K,

The battle has been ignited. And, it is endless. Do you apply immigration for your parents, brothers, or sisters? If so, the battle with USCIS is just started. Unless, some big change in immigration law or USCIS.

syt
 
Talked to USDA today

I called the US attorney's office at 410-2094800 yesterday and was told that they will find out who's handling my case and will call back. Today the attorney Jim Frederick called back and said he hasn't reviewed my case yet. and said he will file a response before the deadline (7/26). Before then he will call me to let me know. Also he asked me to call him if I receive any decision (denial, approval) from the USCIS since the government agencies don't let each other know what's going on. He said he will contact the USCIS attorney.

I think he probably doesn't know that USCIS can expedite name check since he didn't mention anything about it.

Emily
 
Does any one know what happen to those complaints which are never responded by the Defendants and the case gets dismissed without prejudice???
 
WOM for I-485 filed.

Dear all,

I officially joined this exciting community from June 16, 2006, when I filed my
WOM for my I-485. My FBI name check has been pending since July 14, 2006,
that is 710 days already.

With the help and support of this forum, I am determined to fight to the very
end, no matter what happens.

Cheer up,

Dumbboy
 
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