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

Lawsuit filed

I filed my 1447(b) lawsuit yesterday through a lawyer. My interview was 3/8/06.. so I guess the earliest possible date to file was yesterday.

Let us see what happens next

drgeorge
 
Hi drgeorge:

Do you mind to share which part of the U.S. you are in and how much you pay to the lawyer?

thanks,

jack

drgeorge said:
I filed my 1447(b) lawsuit yesterday through a lawyer. My interview was 3/8/06.. so I guess the earliest possible date to file was yesterday.

Let us see what happens next

drgeorge
 
For guys in Maryland

I finally got Notice of Naturalization Oath Ceremony! :)

After initial 60 days and additonal 60 days (almost) I still was without notice of oath. Today was about a week before second 60-day term expires. So I was very lucky to get hold of my USDA (not easy) on the phone and spoke to her personally. Initially, she did not know what to do. Somehow I managed to talk her into make an effort and try to contact Baltimore DO through her intermediary contacts elsewhere to schedule me. (I dont know what she was going to reply to the judge if I did not contact her today.)

To make story short, she arranged my oath ceremony and faxed me the official notice. It will be on on August, 4, 11:00 AM in Baltimore.

Compare to other success stories here, it took INS almost 4 months of reply time :mad: (about 4.5 months since the day of initial mailing of the complaint to the court) to finish my case.
 
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forgot to share some of my information. I lives in North California and I was interviewed on 4/20 and was told my background checking is pending. I havn't heard anything since then. I am considering a lawsuit myself.

thanks,

Jack

drgeorge said:
I filed my 1447(b) lawsuit yesterday through a lawyer. My interview was 3/8/06.. so I guess the earliest possible date to file was yesterday.

Let us see what happens next

drgeorge
 
Hi everyone, :)
I have an update about my case. The congressman's representative called me today and told me that my Name Check is completed on July 10 :)
She will send me the copy of the FBI's email. I am going to call the US Attorney again as soon as I get this email and ask her to convince the INS to adjudicate my case before the dead time frame. Hopefully I will get my oath ceremony before the end of 60 days. Now I feel a bit better :D
 
Please help

I applied for US Citizenship and went for interview on Feb 06. I passed the civic test and my case has not been adjudicated becos pending of FBI background check. 6 months already lapse but nothing happen. I notice that many of you have filed 1447(b) and subsequently got your oath ceremony.
I want to file too but my concern is that i got a criminal conviction for moral turpitude crime that happen 7 years ago. I dont know whether filing under 1447(b) will cos my case denied? Can anyone pls help?
 
Koko8,

The approval or denial of your case will depend on the nature of that conviction that falls under the category of "moral turpitude". Moral turpitude represents a gross violation of standards of moral conduct and people have been even deported from the country because of that. Moral turpitude usually brings a more severe charge or penalty for the defendant because his actions are deemed as vile or intentionally evil (examples include murder, larceny, aggravated assault, etc)

I'm not an expert on criminal matters, but I would advise you to be patient under your circumstances.

Best,

Einmalig



koko8 said:
I applied for US Citizenship and went for interview on Feb 06. I passed the civic test and my case has not been adjudicated becos pending of FBI background check. 6 months already lapse but nothing happen. I notice that many of you have filed 1447(b) and subsequently got your oath ceremony.
I want to file too but my concern is that i got a criminal conviction for moral turpitude crime that happen 7 years ago. I dont know whether filing under 1447(b) will cos my case denied? Can anyone pls help?
 
my name check still pending

Some kind of update of my status. I got a reply from my house of representative stated that my background check still pending. CIS has 250,000 pending background check and I am one of them. Although, I know this is the answer before I even receive the reply, but I am still a little bit disappointed. My background check stuck since this april and now I believe lawsuit is the only option left. Just need to vent my frustration. Now I am counting my 120 days. My days is coming around 8/18 this year. we will see.
 
Oath, another victory for this forum!

See my signature for my time line. I received in e-mail a copy of the FAX of the oath notice to the AUSA. I called the AUSA 6/27/06 and got nothing new, then I called her 7/10/06 and left message, she called me back this morning around 8:30am and said my case had been approved on 6/27/06 and I should have received the notice, guess what, I did not!!! Another proof that how the USCIS is capable of messing up in more than one way. She said that I was scheduled for 9am this Friday, 7/14/06, so I was panic since I knew Ralphy in Maryland "missed" his oath. I asked her to e-mail me the notice that she had, she agreed and I got the e-mail tonight.

As Emily in Maryland put it, no words can express my gratitude to the pioneers of this forum and I am thankful for the help that I got from the members here, and I am glad to help anyone who may need help from my experience, just drop me a line.

Suzy predicted my victory before 8/1/06, seems like I have to invite her for the party, otherwise I maybe the next on her list after SuperK. I need to talk to bigK to find out how he got off the hook :D :D :D .

Well, it ain't over before it's over, so I will report back to this GREAT forum after my oath. Until then, keep the spirit high and keep fighting!

Balto
 
just go for it

koko8 said:
I applied for US Citizenship and went for interview on Feb 06. I passed the civic test and my case has not been adjudicated becos pending of FBI background check. 6 months already lapse but nothing happen. I notice that many of you have filed 1447(b) and subsequently got your oath ceremony.
I want to file too but my concern is that i got a criminal conviction for moral turpitude crime that happen 7 years ago. I dont know whether filing under 1447(b) will cos my case denied? Can anyone pls help?
hey there, first of i want to know if it was a charge or a conviction that you did time or paid a fine for?
this is the deal, if you were just arrested and or convicted and did the time you are still fine. agreed they can deny your case on that basis but it has been 7 years... i think there's some sort of not spoken statute of limitation. i was arrested for a fight in the past though not convicted and the case was dropped. the INS officer asked me how long it was , and i provided all the paperwork and he said as long that it has been over three years, i am ok. i have a 1447 case pending.
Also check this out, I am ARAB, muslim got arrested ( case dismissed ) and i have an alien firearm license ( my background check was ok), i have a firearm and i still filed my case, because i have nothing to hide and i did what i did when i was " young and stuppid" :D .
The Bottom line go for it, if they were to deny it they wouldn't have hesitated a bit. you would have been out in a jiffy buddy. :D
the worst case scenario in my case, and probably yours is that it'll be denied and i might apply in CANADA then ;)
Good luck, and don't freak out
 
Ralphy said:
I finally got Notice of Naturalization Oath Ceremony! :)

To make story short, she arranged my oath ceremony and faxed me the official notice. It will be on on August, 4, 11:00 AM in Baltimore.
Hey Ralphy,
Congratulations!!! Your persistance paid off. You did such a great job!
 
koko8 said:
I applied for US Citizenship and went for interview on Feb 06. I passed the civic test and my case has not been adjudicated becos pending of FBI background check. 6 months already lapse but nothing happen. I notice that many of you have filed 1447(b) and subsequently got your oath ceremony.
I want to file too but my concern is that i got a criminal conviction for moral turpitude crime that happen 7 years ago. I dont know whether filing under 1447(b) will cos my case denied? Can anyone pls help?
I agree with Einmaling. I don't know the details of your conviction but it sounds serious. I woudn't file a lawsuit in this situation; it might just speed up a possibility of denial of your application.
 
Cpngratulations, Balto!

Balto said:
See my signature for my time line. I received in e-mail a copy of the FAX of the oath notice to the AUSA. I called the AUSA 6/27/06 and got nothing new, then I called her 7/10/06 and left message, she called me back this morning around 8:30am and said my case had been approved on 6/27/06 and I should have received the notice, guess what, I did not!!! Another proof that how the USCIS is capable of messing up in more than one way. She said that I was scheduled for 9am this Friday, 7/14/06, so I was panic since I knew Ralphy in Maryland "missed" his oath. I asked her to e-mail me the notice that she had, she agreed and I got the e-mail tonight.

As Emily in Maryland put it, no words can express my gratitude to the pioneers of this forum and I am thankful for the help that I got from the members here, and I am glad to help anyone who may need help from my experience, just drop me a line.

Suzy predicted my victory before 8/1/06, seems like I have to invite her for the party, otherwise I maybe the next on her list after SuperK. I need to talk to bigK to find out how he got off the hook :D :D :D .

Well, it ain't over before it's over, so I will report back to this GREAT forum after my oath. Until then, keep the spirit high and keep fighting!

Balto
 
Kabi24,


If the charges resulting from that fight you got into were dropped -probably after you successfully completed some sort of program imposed by the court such as Anger Control Management/Community hours or something similiar- and you avoided a conviction, you would have been fine to apply for citizenship as soon as you qualified for it because you were not found guilty of the alleged crime. In many states a person with no prior arrest record qualifies for the type of relief I assume you got, provided that the defendant is only charged with a misdemeanor. Some misdemeanors won't qualify for that kind of "relief" and felonies are definitely ruled out.

About going to Canada, I don't know what to tell you. I have relatives over there and everything is becoming just as harsh as here in the United States. Since I hold a Cuban passport, regardless of my US permanent resident status, I am always harassed at the airport (especially at Toronto International Airport) as if I were a terrorist. As much as I love visiting Canada, I won't go back until I get US citizenship.

I wish you the best of luck with your application!
 
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Motion for Summary Judgment

Hi,

I wonder if any of oyu came across a Motion for Summary Judgment in a naturlization case. I will be greatful if you can post it.

Thanks
 
sfaizullah said:
Dear all,
I just wanted to first THANK all of you here; all of you are considerable source of strength and BELIEVE ME that you can understand this when YOU ARE HAVING ABSOLUTELY DOWN FEELING like I did about 10 days ago. THANK YOU!!!

I think I am refocused now.

I also wanted to keep you updated about my case. I just ckecked PACER and found that Asst US Attorney (assigned to my case) has asked for an extension (from 07/14/06 to 07/31/06). I guess this is just a routine thing that is done to buy time. I don't think I can do much about it and ask the judge to deny. Can I?

The letter is simple: "Application is hereby made pursuant to L.Civ.R.6.1(b) for Clerk's Order extending time within which the named defendants may answer, move or otherwise reply to the Complaint filed by plaintiffs herein to July 29, 06 and it is represented that:
1. No previous extension has been obtained;
2. Service of process was effected on May 15, 2006;
3. Defendant's time to answer, move or otherwise respond expires on July 14, 2006;
4. Defendant expressly reserves the rights to contest jurisdiction and service of process.

Respectfully,

"

What is #4 about? Any thoughts Suzy, Mohamed, SuperK?

Also, the letter from Mr. Hooton seems to have done little help in expediting.

Please keep posting and strengthen this worthy work. Please also keep us in your thoughts.

Best Regards

Sfaizullah,

I wonder if it's standard blah blah blah that they put to cover their butts just in case. I think if they were ready to contest all that in court, they wouldn't have asked an extension. I also don't think they need an extension to preapre for a fight for jurisdiction. It's not like it's that complicated....

Sooo, I wouldn't be worried too much about it.

K
 
2nd fingerprint and court notice

Hello guys

I have a question in regards to the 2nd set of fingerprints. Today I got my 2nd set of fingerprints done.

My question is the following:
Do I have to send a copy of proof to the AUSA and to the court that the fingerprints were done?
If so, what would be the formal procedure to present extra exhibits?

Regards
 
Thank you for your response. I think it is cheaper in Chicago. I am looking at lawyer either in San Jose or San Francisco. I talk to a couple of lawyers the cost is the same, $3500 + fee.

drgeorge said:
Chicago. The fee was 2 grand plus $350 for filing
 
Congratulations!

Nowdays I visit this fast moving thread not as frequently as I used to... missing a lot of posts.

Anyway, I'd like to congratulate Balto, Buggin, Milashka, Eastbayer with their good news. Good for you guys/girls!

**************************************************
Interview:April 2005; 1447b:February 2006; Naturalized: May 2006
 
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