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

Thank you and your suggestion was saved into my "WOM notes"

Haddy,

Great comments. I will follow your suggestions when I file the dismissal. Since we need to deal with my wife's RFE (supposed to be an easy one), I might expect to dismiss our case about one month later. I will post the dismissal draft here at that time.

I wish you the best luck on your fight.

xu111

Haddy said:
Congratulations Xu... You did great... You deserve it... before I forget it I wanted to say that if you plan to dismiss your case without prejudice... try to put 1 or 2 sentences in it like...

...because the Defendants approved the Plaintiff's case on 06-28-2006, 23 days after filing this complaint, the Plaintiff hereby requests to dismiss this complaint as moot...

something along these lines... this proves and will stay on your record forever that your case got approved because you took a bold step stood for yourself... I am sure other friends on this forum will also comment about this idea...

But Very Well Done... You Deserve this Victory...

CONGRATULATIONS!!!
Click to expand...
 
Sample files for 485 WOM

I posted my sample files here, because bobbyren asked for them but I could not attach them to PM.

These files were derived from a buddy's WOM file. Forgive me that I could not recall his/her name right away.

One thing to remind you: check your local rules for document format. Different districts have different local rules.

Good luck!
 
xu111 said:
I posted my sample files here, because bobbyren asked for them but I could not attach them to PM.

These files were derived from a buddy's WOM file. Forgive me that I could not recall his/her name right away.

Good luck!
Click to expand...
It looks like your local USCIS is not in your defendants list. Is that right? If it's right so who would be send request to FBI? AUSA, Lawyer in USCIS?
Thanks!
 
According to what I learned, AUSA will take care of the business. There are several versions, in terms of who are in the defendant list. I skipped the local USCIS because my case is still in CSC, not transferred to local office yet.

fightback said:
It looks like your local USCIS is not in your defendants list. Is that right? If it's right so who would be send request to FBI? AUSA, Lawyer in USCIS?
Thanks!
Click to expand...
 
sfaizullah said:
One more update: I called the DA office to ask for the Attorney assigned to my case and make sure that they received my mail (sent certified return receipt requested) and it is in the attorney's hand. The lady who can check the system that shows who is assigned to what case was not available and I left her message and she called back. I gave her my case# and asked her if she can tell me who is the attorney assigned and confirm that they received the letter. I also said that this letter should help me and them to save time as it shows that the very thing that USCIS said are waiting for is done. She said she will call back. I check usps.com and gave her the exact time when my letter was received in their office.

In the afternoon the attorney called me, very courteous, asked for me by last name, when I said that is me, he introduced himself that he is assigned to my case. He confirmed that he received the letter (from Mr. Hooton) that I have sent to them. He stated that they have until middle of July to have their answer. I said yes, and also added that I thought this letter will help me and him to save time and get my case resolved. He said, yes but said I don't even have your file yet (I suppose he meant from USCIS), and these cases of naturalizations/green cards are checked by FBI, custom, etc. (I don't know how accurate he was) and I told him that per USCIS for my case they were only waiting for this name check. He said he will work on it and sent the letter to USCIS. I asked about his full name once again and asked for his number and he gave me those. Our call was ended. No negativity and anything like that. He was very polite and courteous in his conversation. I thanked him for his help.

Hope this can be resolved soon.

Best Regards
Click to expand...

Hi,
I wanted to give one more update. Armed with the letter from Mr. Hooton I thought it will be easy sailing. Well the reality is that it was just a "thought". I send this to the DA office; the asst. attorney assigned to my case confirmed that he did receive it. I also send it to court. And while I was at it, I also passed a copy to my Congressman's office whom I contacted long ago. I also made a copy of what I sent to DA and sent a copy to Newark DO.

The Congressman's office told me that yes my name check is cleared but your security clearance is not yet complete. According to them it "is the standard practice of security clearance, there are a number of agencies that must complete there checks." But the USCIS notice clearly (and ONLY) stated name check pending. I thought for naturalization only this was required. Am I right?

I also spoke to the attorney assigned to my case and he said he did send emails to FBI & USCIS for more information but nothing yet. His answer is due July 17th.

I feel like I will be one of those who will never win this. I am feeling so down that I am thinking just to abandon it altogether. They may keep bringing new stuff and change everything forever. I am not sure if it is any value to be citizen of a country whose statutes doesn't mean anything to the very officers who are supposed to uphold. After all, didn't most of us leave the citizenship of other such countries? The only thing still keep me going is my mother's case and it will make it easy on her.

Best Regards
 
Last edited by a moderator:
Olegbak said:
Congratulation,
I planning to send intent to sue lette rand I will be really appreciated if you can help with this, may be you can submit some draft of your letter, and to hum it is supposed to be send
Best,
Oleg :)
Click to expand...
think seriously before sending an intent to sue letter. Immigration may just deny your case. But if you file the 1447b, jurisdiction will transfer from USCIS to court, thus they can not retaliate.

it is not required anyway. I talked to a lawyer also and he advised me not doing it. But use your own judgement.
 
sfaizullah said:
Hi,
I wanted to give one more update. Armed with the letter from Mr. Hooton I thought it will be easy sailing. Well the reality is that it was just a "thought". I send this to the DA office; the asst. attorney assigned to my case confirmed that he did receive it. I also send it to court. And while I was at it, I also passed a copy to my Congressman's office whom I contacted long ago. I also made a copy of what I sent to DA and sent a copy to Newark DO.

The Congressman's office told me that yes my name check is cleared but your security clearance is not yet complete. According to them it "is the standard practice of security clearance, there are a number of agencies that must complete there checks." But the USCIS notice clearly (and ONLY) stated name check pending. I thought for naturalization only this was required. Am I right?

I also spoke to the attorney assigned to my case and he said he did send emails to FBI & USCIS for more information but nothing yet. His answer is due July 17th.

I feel like I will be one of those who will never win this. I am feeling so down that I am thinking just to abandon it altogether. They may keep bringing new stuff and change everything forever. I am not sure if it is any value to be citizen of a country whose statutes doesn't mean anything to the very officers who are supposed to uphold. After all, didn't most of us leave the citizenship of other such countries? The only thing still keep me going is my mother's case and it will make it easy on her.

Best Regards
Click to expand...
i am feeling the same way. Is it really worth living in a country and giving it all of your energy when it doesn't care about your fundamental rights. I am reading a lot about 1447b cases and I have yet to come across a case where USCIS/Govt. has made a "reasonable" argument in their defense.
 
xu111 said:
According to what I learned, AUSA will take care of the business. There are several versions, in terms of who are in the defendant list. I skipped the local USCIS because my case is still in CSC, not transferred to local office yet.
Click to expand...
Thank you very much for your answer! I see what happening in your case now.
 
just found my wife's oath letter in the mailbox today. We were both interviewed on the same day in May and were told name check was pending.
 
sfaizullah said:
Hi,
I wanted to give one more update. Armed with the letter from Mr. Hooton I thought it will be easy sailing. Well the reality is that it was just a "thought". I send this to the DA office; the asst. attorney assigned to my case confirmed that he did receive it. I also send it to court. And while I was at it, I also passed a copy to my Congressman's office whom I contacted long ago. I also made a copy of what I sent to DA and sent a copy to Newark DO.

The Congressman's office told me that yes my name check is cleared but your security clearance is not yet complete. According to them it "is the standard practice of security clearance, there are a number of agencies that must complete there checks." But the USCIS notice clearly (and ONLY) stated name check pending. I thought for naturalization only this was required. Am I right?

I also spoke to the attorney assigned to my case and he said he did send emails to FBI & USCIS for more information but nothing yet. His answer is due July 17th.

I feel like I will be one of those who will never win this. I am feeling so down that I am thinking just to abandon it altogether. They may keep bringing new stuff and change everything forever. I am not sure if it is any value to be citizen of a country whose statutes doesn't mean anything to the very officers who are supposed to uphold. After all, didn't most of us leave the citizenship of other such countries? The only thing still keep me going is my mother's case and it will make it easy on her.

Best Regards
Click to expand...

Hey Faizullah,

Dont worry about any thing... every thing will settle down the way you want to... you dont have to worry about their processes or the way they do things... you dont have any criminal record in your history... you are fine... you will prevail... you took the bold step by waking them up... now you case is out of the buried files pile... now wether they look at it from the top to bottom or from bottom to top... it is in front of their face... you will be fine... I know this is tough time... no one likes to lose this game... especially when we have waited so long... so cheer up...
god will help us all...
So I would congratulate myself for being one of those who were able to get to this forum... so here... we are lucky... be happy... think positive... everything will be happy... this is the time to be prepared...

GOOD LUCK!!!
 
sfaizullah said:
I feel like I will be one of those who will never win this. I am feeling so down that I am thinking just to abandon it altogether. They may keep bringing new stuff and change everything forever. I am not sure if it is any value to be citizen of a country whose statutes doesn't mean anything to the very officers who are supposed to uphold. After all, didn't most of us leave the citizenship of other such countries? The only thing still keep me going is my mother's case and it will make it easy on her.

Best Regards
Click to expand...

Back in Dec.05-Jan.06 Publicus opened a thread "I'm having a bad day" or something like this.

The poor guy way down because of this ongoing mess with FBI name check, USCIS, citizenship...

After a few post exchanges, we ended up on having so much fun that the Moderator had to post something like: "Guys cut it out, let's go back to the immigration topics!"

Conclusion: this is just a temporary phase, we all been through that blue mood, it will pass and not long from now you'll look back and laugh, trust me on this ;)


...and the joke of the day, hopefully this is going to make you smile:

Having sex is like playing bridge. If you don't have a good partner, you'd better have a good hand. (Woody Allen)
 
Days to wait????

xu111 said:
Hi, ls691035,

In my complaint, I am the sole plaintiff. However, I mentioned my wife's name and A# whereever my name is mentioned.
Click to expand...

Congrats !!!!!. I contacted one lawyer today and according to him i can only file WOM if my case is pending more than 2 years. ....While this thread says if it has been 120 days since my interview was done. Is it true?

--------------
I - 485 04/12/2005
I - 130 04/12/2005
Interview - 10/20/2005
Name check pending
 
I spoke today with us Attorney. He never answers his call. His paralegal always answer. here in my district they assign only one lawyer for immigration. It has been two months since I filed the law suit and I tried numerous times to get hold of him. All my attempts had failed. I am not sure what's going on. Kinda lost
 
Can any one tell me the phone # of FBI office to get your finger prints results.I think so I saw it in one of the postings.
 
Any Naturalization under 1447 (b) success story in Dallas

buggin said:
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.
Click to expand...

Can someone share his/her Naturalization under 1447 (b) success story in Dallas area?
 
I think the 120-day rule is for Naturalization case and they file 1447b.

All the I485 applicants can only file WOM. Some people says it is better to file only if your name check is pending for 2 years. I don't know where that rumor comes from. For my case, my name check has been pending for about 1 year. WOM works for me.

Gr33nCard said:
Congrats !!!!!. I contacted one lawyer today and according to him i can only file WOM if my case is pending more than 2 years. ....While this thread says if it has been 120 days since my interview was done. Is it true?

--------------
I - 485 04/12/2005
I - 130 04/12/2005
Interview - 10/20/2005
Name check pending
Click to expand...
 
In the WOM, you have to show that you exerted all the possiblity with the administrative agency. The longer the WOM, the better. If you file WOM, you have to be knowledgeable about the INA and many other cases, because USCIS always try to drop it for lack of jurisdiction and they have some precidents. So you better be ready to file a motion back to show probable cause. 1447(b) for naturalization only is more straight forward.
 
bobbyren said:
Saden1,

Thanks for sharing your complaint with us. I noticed that the file date of September 23, 2006 must be wrong. Hopefully you did not use this date. Also, did you use any exhibits and what are they?

bobby
Click to expand...

Thanks for catching the date. It was wrong so I sent them an letter to correct the mistake. I also sent them all the notices and requests, and letters I got from USCIS as exhibits. This includes letters that don't tell you anything about your case.
 
Do you guys think that they track this type of lawsuits? I think DHS General Counsel should have a press conference asking all immigrant not suing anymore. Or, did anyone know that USCIS is going to have a big hiring spree? :)
 
You must log in or register to reply here.
Top