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

[breezyemily]

request for missing information from USCIS

Sam1973,
I'm in a similar situation. I got a mail from the USCIS Baltimore office stating that some evidence (the marriage certificate) that WERE REQUESTED BY THEM are missing. So I sent them a copy of it.
But it doesn't make any sense since I applied for N-400 on my own, not marriage-based. So the marriage certificate shouldn't matter. Also they had never requested this info before. I'm going to send them a letter asking them to clarify.
When I called the USDA, was told that he hasn't reviewed my case yet. And he asked me to let him know if I receive any decision for USCIS (denial, approval, etc.). He said since the government agencies don't talk to each other.
Emily

 

[ernorman]

Question,

I mailed USCIS General Counsel Office a demand letter yesterday. Now I am thinking of filing WOM right away. Can I do that? I did give them 2 weeks to act....

 

[WaitingInDallas]

Thank you so much, buggin.

WatingInDallas,
If the judge has already issued an order on the defendant's motion, you cannot oppose it now. It looks to me that they are trying to resolve it; they just need more time. Hopefully, within 60 days, your boyfriend will be naturalized. Note, that the US Atty didn't file a motion to dismiss, so it is a good sign.

 

[fredk41]

New Lawsuite...please Help

HI Guys,

I am also stuck in the FBI name check for about a year. This is a great thread. I was able to compose a lawsuit 1447b. I filed it about 55 days ago. I got a letter from the district attorney couple days stating that he was recently assigned to my case and he is still waiting for my administrative file and he needs that file to respond to my petition, so he asked for another 30 days extension.

I also got an email from him like two days after I filed the case stating that he has received my complaint and he is trying to resolve it administratively, but that was like 50 days ago.

Can some one please give me some consultation of wether I should call the attorney or not. and what is it mean that he need to respond to my petition. is that mean case can go to the court??? please help ..

anyone experienced 1447b in eastern district ny??...

thanks

n400 interview 070705
1447b filed 050206

REST....waiting

 

[Suzy977]

HI Guys,

I am also stuck in the FBI name check for about a year. This is a great thread. I was able to compose a lawsuit 1447b. I filed it about 55 days ago. I got a letter from the district attorney couple days stating that he was recently assigned to my case and he is still waiting for my administrative file and he needs that file to respond to my petition, so he asked for another 30 days extension.

I also got an email from him like two days after I filed the case stating that he has received my complaint and he is trying to resolve it administratively, but that was like 50 days ago.

Can some one please give me some consultation of wether I should call the attorney or not. and what is it mean that he need to respond to my petition. is that mean case can go to the court??? please help ..

anyone experienced 1447b in eastern district ny??...

thanks

n400 interview 070705
1447b filed 050206

REST....waiting

Give him a call. Try to work with him. If he asked for an extension, accept it. The closer you keep your relation with him the better chances are that you'll have your case resolved without going in front of the Judge.

 

[Suzy977]

Question,

I mailed USCIS General Counsel Office a demand letter yesterday. Now I am thinking of filing WOM right away. Can I do that? I did give them 2 weeks to act....

Yes you can, but I think, since you gave them 2 weeks, stick with your word and wait 2 weeks.

 

[Suzy977]

hi guys ,
today i got a phone call from a lady in my local office USCIS and she said that she was reviewing my application and she found some info still missing and when i asked her what is that will be she said i already sent out a letter today to your addrress asking for some documents to be mail it to USCIS but i want fax it to you becuase it will take a few days for the mail to get to you and then she start to ask about myself and my wife (since i am applied for N-400 based on marriege to US citizen ) such as : you are filling based on the marriege ? are you still with your spouse and what's the phone number for your wife's work ? and when i asked her why do you ask all this questions she said we are CIS and we can ask all what we want !!!! any way she fax me a letter asking for some more documents to proof marital union with my wife such as ( bank statments , bills ) . now this sound fishy to me because i though once i filed my 1447 (b) the USCIS lose control over the case and based on all the stories that i read here it's always the US attorney asking dissmising the case so USCIS can work on the case ???? but didn't happend in my case and the last time that i spoke to the US attorney who's handling my case she told me she never got my file from the USCIS yet and she will call them again to let them know that i have a dead line !!! so i was waiting for a call from the her not from the USCIS . any advice from all the friends out there .... thank you in advance for your help .

If you got any info from that USCIS woman, like name, ph.#, etc. I think you should call US Atty., tell him/her the details about your conversation and the info's about the person whom you talked to. This way you help them to put 2 and 2 together and maybe solve your case faster.

Don't forget: Even though you're litigating USCIS and US Attorney is their lawyer, being nice and helpful is in your best interest ...even in "war" diplomacy works wonders...

 

[buggin]

hi guys ,
when i asked her why do you ask all this questions she said we are CIS and we can ask all what we want !!!! any way she fax me a letter asking for some more documents to proof marital union with my wife such as ( bank statments , bills ) .

She is right. They do and can ask this kind of questions. In some cases, they would even come to your house to check if you and your spouse are still living together. So, this is a normal routine and you don't need to get all nervous about it. Just cooperate and send the papers. They may get suspicious if you are not willling to cooperate. Don't give them any ways out of their responsibility to resolve your case. You don't want them to tell the court that they have requested additional documents and you didn't provide them, that is why they cannot adjudicate the case. At least it sounds that they are doing something about your file.

now this sound fishy to me because i though once i filed my 1447 (b) the USCIS lose control over the case and based on all the stories that i read here it's always the US attorney asking dissmising the case so USCIS can work on the case ????

That is true - technically, the USCIS lost their jurisdiction once you filed your petition. However, it doesn't really prevent them from still being able to work on your file. Some people here shared that in their cases USCIS went ahead and approved their N400 applications regardless of the pending lawsuits.

i spoke to the US attorney who's handling my case she told me she never got my file from the USCIS yet and she will call them again to let them know that i have a dead line !!! so i was waiting for a call from the her not from the USCIS .

My advice - cooperate with USCIS (hey, they are willing to work on your file; isn't this what you wanted? ) and with the US Atty, and you are going to be fine.

 

[buggin]

Question,

I mailed USCIS General Counsel Office a demand letter yesterday. Now I am thinking of filing WOM right away. Can I do that? I did give them 2 weeks to act....

In my opinion, 2 weeks is a bit short for the USCIS to turn around and do something. Remember, it is a government agency. It is a monster that is not flexible. It would take time for them even to get to read your demand letter. I think the minimum reasonable time would be 30 days.

However, since you have already sent your letter out, you should wait until after 2 weeks to file your WOM. Otherwise, they may claim in court that you didn't give them a chance to resolve the matter outside the court.

 

[ernorman]

In my opinion, 2 weeks is a bit short for the USCIS to turn around and do something. Remember, it is a government agency. It is a monster that is not flexible. It would take time for them even to get to read your demand letter. I think the minimum reasonable time would be 30 days.

However, since you have already sent your letter out, you should wait until after 2 weeks to file your WOM. Otherwise, they may claim in court that you didn't give them a chance to resolve the matter outside the court.

Buggin,

Thanks for the advice, but I filed today and served them papers this afternoon. Bottom line, if they adjudicate my case on or before July 8, I will gladly ask Judge to dismiss my case.

I was so inspired to sue them once I read thru this post. Like a feeling: Well, they can treat me as a dust. But now I get my new uncle that they must account for. I know my new uncle might not be my friend, but he is supposed to be impartial and rule according to the law.

 

[buggin]

Buggin,

Thanks for the advice, but I filed today and served them papers this afternoon. Bottom line, if they adjudicate my case on or before July 8, I will gladly ask Judge to dismiss my case.

I was so inspired to sue them once I read thru this post. Like a feeling: Well, they can treat me as a dust. But now I get my new uncle that they must account for. I know my new uncle might not be my friend, but he is supposed to be impartial and rule according to the law.

Well, good for you. I know exactly how it feels. After feeling helpless for such a long time, you finally find a remedy. Good luck to you with your case. Keep us posted.

 

[Einmalig]

To Buggin

Buggin,

I had my naturalization interview three months ago (March 27) and my application was recommended for approval. However, on April 29, I received a new fingerprinting appointment because according to CIS records "my fingerprints needed to be retaken". I immediately complied and hoped that within weeks I would receive my oath notification letter. Two weeks ago I paid the local naturalization office a visit (here in Miami) and I learned that they have been unable to grant final approval because the FBI has not completed my background check yet. What I find intriguing is that soon after that I applied for a copy of record from the FBI and they responded right away. Next July 25 the 120 days that CIS has to make a final decision on a case will run out, thus forcing me to take some serious action to have my case approved. What would you recommend me? Should I write a "demand letter" to the USCIS General Counsel Office? Where can I find the address to that General Counsel Office? Is there one for the Miami Office? I have not been able to find any info online. Or should I get ready to file WOM immediately after July 25? I anticipate my appreciation and gratefulness for your insights.

Einmalig

 

[buggin]

Buggin,

Two weeks ago I paid the local naturalization office a visit (here in Miami) and I learned that they have been unable to grant final approval because the FBI has not completed by background yet.

Unfortunately, welcome to the rest of us. The good news is that you are not alone.

Next July 25 the 120 days that CIS has to make a final decision on a case will run out, thus forcing me to take some serious action to have my case approved. What would you recommend me? Should I write a "demand letter" to the USCIS General Counsel Office?

You can do that. However, as someone on this forum said there is only a 30% chance that it will work. You can try.

Where can I find the address to that General Counsel Office? Is there one for the Miami Office? I have not been able to find any info online.

The office of the general counsel for USCIS is in Washington, DC. There wouldn't be one in Miami. Here is the address I used to serve my complaint and summons:
Office of the General Counsel
US Department of Homeland Security
20 Massachusetts Ave, NW, Suite 4025, 4th Floor
Washington, DC 20528

Or should I get ready to file WOM immediately after July 25?

Is your application for naturalization or green card? 120day rule applies only to the naturalization cases. If yours is such, you shouldn't file a WOM but a 1447(b) Petition. However, if you applied for a green card, then you would file a WOM but not under the 120day rule. The rules and burden of proof are different for WOM cases.

 

[xu111]

Since it is a lawsuit.........

Suzy977:

From your post, I got this idea that we have a very good reason to ask for detailed information when USCIS contact us. It is a lawsuit, right? You are supposed to contact defendants through their lawyer. Therefore, you need to let AUSA know that defendants contact you, including their name, time, for what issue.

Does this make sense to you guys?

If you got any info from that USCIS woman, like name, ph.#, etc. I think you should call US Atty., tell him/her the details about your conversation and the info's about the person whom you talked to. This way you help them to put 2 and 2 together and maybe solve your case faster.

Don't forget: Even though you're litigating USCIS and US Attorney is their lawyer, being nice and helpful is in your best interest ...even in "war" diplomacy works wonders...

 

[Mr LA]

yes

Suzy977:

From your post, I got this idea that we have a very good reason to ask for detailed information when USCIS contact us. It is a lawsuit, right? You are supposed to contact defendants through their lawyer. Therefore, you need to let AUSA know that defendants contact you, including their name, time, for what issue.

Does this make sense to you guys?

To me it does make sense, and i am ready for them ....

Thank you for opening my mind and eyes... sometimes when you are tired you forget all your rights....

 

[Einmalig]

Thanks, Buggin, for your prompt response.

Yes, I am applying for naturalization. You waited for 7 months before you filed the 1447 (b) petition. I have not been particularly gifted with patience and because of that I'm becoming increasingly anxious and impatient as time goes by. Since I work the midnight shift at a hotel, I'm planning to read as many entries as possible from this forum. Did you file your 1447 (b) petition on your own or did you hire a lawyer to do that? Is this something we can go ahead and file in court by simply filling out some forms and submitting proof of our case?

Any info will be greatly appreciated!

Thanks in advance,

Einmalig

 

[saden1]

Well, I just filed my I-485 complaint today. Attached is a template (based on I-485 Lawsuit for GreenCard.pdf) of my complaint in MS Word document if anyone is interested.

I'll keep you updated on the status of my the case.

Thanks everyone for your help.

 

[Alaskan Bear]

Need an advice on how to dismiss the case

Hi, everyone,

My deadline with the court is approaching. Today I have received a phone call from the US attorney. It looks like we have an agreement, and I will be scheduled for the nearest oath ceremony

I need to dismiss the case in the court. How is it called? Memo? Note?
I also need an example on the body paragraph; the search engine on this forum gave me over 100 pages on the keyword.

Also, I want to thank all participants of this forum for being constant inspiration for me. I wouldn't have the guts to file the case in the beginning. Thanks a lot!!!

 

[buggin]

Thanks, Buggin, for your prompt response.

Yes, I am applying for naturalization.

Good. So, in this case you will file a 1447(b) Petition. See an attachment for a sample of the petition that I have filed.

You waited 7 months before filing the 1447 (b) petition. I have not been particularly gifted with patience and because of that I'm becoming increasingly anxious and impatient as time goes by.

I waited for 8 months before I filed my lawsuit just because I didn't know that I could do that. Don't wait too long. File your petition right after the 120 days are over.

Since I work the midnight shift at a hotel, I'm planning to read as many entries as possible from this forum.

This forum is an excellent source of all the data you need to go through with your lawsuit. Also, find your Federal District Court's web site and download the Pro Se Handbook and the Civil Local Rules.

Did you file your 1447 (b) petition on your own or did you hire a lawyer to do that?

Believe me, you don't need a lawyer to do this. Ask anybody on this forum. Almost all of us did it by ourselves with the help of each other. Save yourself a few thousand dollars and do it yourself.

Is this something we can go ahead and file in court by simply filling out some forms and submitting proof of our case?

See my attachment. You will need to draft a petition very similar to mine. Prepare applicable exhibits. You will also need to download the Summons form your court's web site and fill it out. That is all.

Any info will be greatly appreciated!

The first thing I would suggest you do is to read the Pro Se Handbook and this thread. You won't have too many questions left after that.
Good luck!

 

[buggin]

Congratulations!

Hi, everyone,

My deadline with the court is approaching. Today I have received a phone call from the US attorney. It looks like we have an agreement, and I will be scheduled for the nearest oath ceremony

I need to dismiss the case in the court. How is it called? Memo? Note?
I also need an example on the body paragraph; the search engine on this forum gave me over 100 pages on the keyword.

What a great news! Congratulations and best wishes to you.
As to the dismissal of your case, I don't exactly know what to do if you haven't already signed a stipulation with the US Atty to dismiss your case. I would call the court clerk and ask how to withdraw the case. Be careful, however, don't do it until you have had your oath ceremony.