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

[mohamedmohamed]

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)

actually i think that this was soo succeful that it is about time to take it toanotehr level
we have to sue the CIS now to accredit the time of i 485 pendency toward naturalization requirements, am considering that, i just ahve to gatehr some info, and hear the opinions of our users here, and weigh all that out, and determine which approach i should take, so everyone pleas squize your brains, and am sure will get something done

 

[mohamedmohamed]

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.

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...
__________________

 

[Gr33nCard]

"FBI Fingerprint result"

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...
__________________

What do you mean by fingerprint results??? What do they tell in this result.....I am confused is it similar as Name check or there is different number for that.

 

[buggin]

I filed 485 EB2 Aug 04, still pending name check. Also thinking of filing WOM. My only concern is that USCIS may try to find fault with my case when they are notified that I filed WOM against them.

I personally don't think USCIS would do it just to get back at you for suing them. Believe me, they don't have time for that. They would have to have a very good reason to deny your application.

As you know, there is always the possiblity that my case is not impeccable, I am afraid filing WOM might cause them to be more strict with my case.

If you think that your case is "not impecable," I would suggest not to file a WOM. If you already know that there is something in your case that might cause you trouble with USCIS, you may definitely lose in court. Of course, I don't know all the detailes of your case.
In my case, I know there is nothing in my background that would cause me concerns. It is clean. I am confident, 100% confident, in my background.

What is your experience based on your research or knowlege? I need to weight the benefit of fast decsion mandated by WOM and the risk of denial of my I-485 petition.

USCIS cannot deny your application just based on the fact that you have a lawsuit against them. However, depending on what you have in your background, you should think everything through before you file a WOM.

 

[ip_everywhere]

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...
__________________

Hi,
How about if we would ask them (FBI) about our security clearance(name checks), would they tell us that?
BTW I had an AOS interview (marriage based) and been told that my husband can't get an I-551 stamp, due to security clearnce pending

Thanks

 

[buggin]

Congratulations!!!

xu111 and Andrew2006,
Congratulations and best wishes to you both!

 

[buggin]

Confused

Hi

Got a call from the uS Attorney today - he left me a message congratulaing me on my citizenship and saying that my oath ceremony was today. However, I have never received anything from USCIS in the past 4 months. I will obviously call the US Attorney tomorrow morning, but what do I need to do now?

Mikey70,
Let us know what you found out from the US Atty.
Try to work with the US Atty to get USCIS administer the oath in your district office. They can do it. Don't wait till the next scheduled oath ceremony. Tell them you will come to the office and have an officer administer the oath.

 

[Einmalig]

This Fingerprint thing got me thinking!!!

I just called the FBI a moment ago and they informed me that my fingerprints were processed and sent back to immigration on April 30, 2006, a day after I was fingerprinted at an INS Application Support Center.

The customer service agent who took my call clarified that the FBI Name Check is something else. Fingerprints processing is only intended to determine whether we applicants have a record or not.

Earlier this morning I stopped by my local Naturalization Office and inquired again what the status of my application is and was told that they are still waiting for the FBI Background Check. The Information Agent also mentioned that there is no "time frame" for an FBI Background Check.

On July 25, when my 120 day period runs out, I will be in court first thing in the morning to file a lawsuit against them.

I will write several letters today and tomorrow (to my Congresswoman, to the acting director of the CIS Miami Office and to the Office of the General Counsel in Washington) to see if they do any good, but I have a feeling that filing a 1447 (b) petition is what will most likely work for me.

It is very frustrating to see the complete disregard with which they handle our applications as if time were of no significance to us.

undefined

 

[buggin]

Hi,
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?

In all the USCIS responses I got for my case, it stated that my "FBI background investigation" was still pending. Interesting, I guess every case is different.

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.

There is still plenty of time to get your case resolved. So, cheer up and have hope.

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.

Believe me, this is not the worst thing that can happen in your life. Don't give up. This is just an obsticle that you can overcome. It doesn't mean that your case will never be resolved. Just not yet.

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?

This is not the right attitude, brother. No system is perfect. But believe me, the system in this country is by so far better than where I am from. Where I am from, you could never even dream to sue a government agency for your rights. If you try, you'd be rotting in jail for the rest of your life. I don't know what country you are from, but think about the reason you came to this country. There must be a very good reason you've come this far.
These are just minor inconveniences that can be resolved. This is not the end of your life. Cheer up and stay your course. Do it for you mom. Do it for yourself. You'll see, it will all go away one day.

 

[buggin]

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.

Common, guys. Cheer up!
Isn't this what we are all trying to do here? Change the way government agencies work and force them to uphold to their own rules and laws? Hey, we are doing a good thing here. One case at a time, we will change the system and make it better. It is going to take a while, but it will work. Remember, one case at a time.

 

[buggin]

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.

Congratulations to you and your wife. Best wishes.

 

[buggin]

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

How long has it been since you served on the US Atty? If it is more than 60 days, they defaulted to file their answer to your complaint.
Check on PACER or call the court clerk and find out when the defendants' answer is due. If you find out that their due date has passed, you should try to file a motion for default judgment. Judges get very upset when attorneys miss their deadlines. Keep us posted.

 

[windywd]

How long has it been since you served on the US Atty? If it is more than 60 days, they defaulted to file their answer to your complaint.
Check on PACER or call the court clerk and find out when the defendants' answer is due. If you find out that their due date has passed, you should try to file a motion for default judgment. Judges get very upset when attorneys miss their deadlines. Keep us posted.

Buggin,

When I was in District Court last Wednesday, a nice Pro Se clerk told me that sometimes U.S. Attorney did not inform the Plantiff that they filed for extension. That could be why. I couldn't believe they will miss the deadline.

 

[windywd]

Also,

I always question somebody calling D.A. office only two-weeks from filing, because:

Mostly likely, they haven't read your case because they have enough time ahead.

I won't show that much anxiety to resolve the case. The more anxious you are, the more likey they think they can take advantage of that. Be polite and courteous, but not tooooo eager.​

My couple cents.

 

[buggin]

Buggin,

When I was in District Court last Wednesday, a nice Pro Se clerk told me that sometimes U.S. Attorney did not inform the Plantiff that they filed for extension. That could be why. I couldn't believe they will miss the deadline.

Windywd,

It was actually Fedoracore, not me, with this problem.

I absolutely agree with you, windywd. I know that attorneys have people dedicated to maintain calendars with due dates. They would never ever miss a deadline. However, I've seen one default order, I believe, on a naturalization case. I was surprised that it happened on this kind of a case.

I also agree that attorneys have their own backlog and don't review cases as soon as they get them. In my case I called the US Atty's office 3 wks after filing the petition to find out who was assigned to my case. The following day, they called me and told me that USCIS was ready to approve my naturalization application. I am just wondering, if I didn't call the first, would they still call me on that day?

 

[ip_everywhere]

Hi all,
I'm a newbie to this thread. I have found this thread extremely useful so far.
However I have a few of question. can you gurus out there answer them please? I'd really appreciate that.
1)Is pending security clearance is synonym to pending Namecheck?
2)Does that 120 days rule only applies to pending naturaliztion cases or can it be also applied towards pending AOS(marriage based) application ?
3)what is the minimum time frame AOS(marriage based) applicant should wait before filing for WOM.
4)Do people ever get cleared from these checks w/out suing USCIS. As it looks like its the only way to get cleared?
BTW I had an AOS interview(marriage based) yesterday, although approved but couldn;t get an stamp due to the 'security clearnce'.

Thanks alot!!!

 

[vmware]

Filing Fee

Hi, Xu 111,
I have a question about the filing fee. I konw one is the Civil Filing Fee.
Do I need to pay for US Attorney? There is a Fee related to Attorney named "Attorney Admission Fee", what is that?
I found only one US Attorney in my District, is it OK that I send him direclty the copies (WOM, summons)? Do I need to call him first? Do I need to mention something on the envelope?

Thank you so much!

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!

 

[485niw2005]

Filed WOM at Nor Cal district

I filed WOM 485 case at Nor Cal district court and served defendants at the same time. Yesterday , received an "Order to show cause" from the court. It basically asked defendants to response within 60 days upon served. I filed certificate of service this morning. Now 60-day timeline starts counting. I will keep updating the progress. Let's wait and see.

 

[ernorman]

I filed WOM 485 case at Nor Cal district court and served defendants at the same time. Yesterday , received an "Order to show cause" from the court. It basically asked defendants to response within 60 days upon served. I filed certificate of service this morning. Now 60-day timeline starts counting. I will keep updating the progress. Let's wait and see.

One question for you:

When you filed the certificate of service, do they need the "green card" (return receipt)? Or only the email notification/website printout is good enough?

Thanks.

 

[mmksj]

Alternate Dispute Resolution (ADR) Statement

Hi Guys

I havae received a draft ADR from the USDA, and would like to ask for your input. The ADR is a required phase in a the law suit process should your name dosn't clear in time (before the 60 day ends) and prior to trial. It can also be seen as a time saver for the USDA so that the agencies can work to resolve your name check.

So, the text of the ADR is fine, however. I wasn't sure about 2 sections that I wanted to check with you if you have been through this. It states:

"The principal factual issues which the parties dispute:

1. Whether USCIS is acting with due diligence and in a timely manner to adjudicate the plaintifs' naturalization application.
2. Whether USCIS has a basis in fact that warrants a continued delay in adjudication of the plaintifs' naturalization application.

The principal legal issues which the parties dispute:

1. Whether the Court is authorized to adjudicate the plaintifs' naturalization application. Whether the Court should impose a deadline by which USCIS must adjudicate the plaintifs' naturalization application."

Do you think that is sufficient?