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

[Balto]

Why do you want to file with the court?

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

Just my 2 cents, your case is moving otherwise there won't be this 2nd FP, I think you are getting the oath letter soon. Jim Fredrick is better than some other AUSAs in that office, at least in Emily's case, he actually called her for the good news. As for me, my case was approved on 6/27/06 and the approval notice was in the AUSA's office 6/29/06 and I did not know that until 7/11/06, after I CALLED, only to find out the oath was scheduled for 7/14/06 and I never (as of today) received the notice, darn that was a close call, almost "missed" the oath like Ralphy did.

Good luck and keep us posted!

Balto

 

[Balto]

Thanks qim!

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

And your wife's I-485 was quick, interview scheduled 2 months after PD, WOW! Keep us posted with the result and best of luck!

Balto

 

[Balto]

Thanks buggin!

And congratz on your victory as well! Wish you the best!

Balto

 

[milashka]

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

qim, thank you.
It is not over yet, but to have a completed Name Check is such a relief

 

[Balto]

Congratz Ralphy, 3 in a roll for marylanders!

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 (about 4.5 months since the day of initial mailing of the complaint to the court) to finish my case.

I was watching your case closely since I am in MD as well and it's finally done! Congratz!

Balto

 

[gzmbk1]

Just my 2 cents, your case is moving otherwise there won't be this 2nd FP, I think you are getting the oath letter soon. Jim Fredrick is better than some other AUSAs in that office, at least in Emily's case, he actually called her for the good news. As for me, my case was approved on 6/27/06 and the approval notice was in the AUSA's office 6/29/06 and I did not know that until 7/11/06, after I CALLED, only to find out the oath was scheduled for 7/14/06 and I never (as of today) received the notice, darn that was a close call, almost "missed" the oath like Ralphy did.

Good luck and keep us posted!

Balto

congratulations on your oath. well deserved

So are you going to your oath appointment with the fax and email provided by the AUSA, or has the AUSA sent you the original oath letter from the INS?

Or do you even need to present oath letter for the oath appointment? could it be that as long as you take your GC with you, and they have a record for you appointment is sufficient?

 

[sam1973]

New update

Congrat to all the members who won their cases and i wish the best of luck for the rest of us . here is a new update from me as i told all of you before in my last post i got a phone call from a lady from the local USCIS office that she asked me to send some more document to her regarding my N-400 and she faxed me what she needs and when i called the US attorney who's handling my case she was aware of the CIS asked for and she also said that she will file her responds to the court on 06/30/06 and she did and mailed me a copy with a request of hearing on the matter on 07/28/06 and she said in her responds that the court should dissmiss the case because the 120 days doesn't until the CIS gather all the info that need and also the lawsuit should be dismiss because of lack of jurisdiction .....etc , the same old crap they pulled in every case , i got my responds ready for her and i will file it today with the court , in the other hand the same lady from USCIS called me last week for second interview and i told her sure and i went to the interview nothing really new happend they even didn't look at the documents they requested from me before the officer i had the interview with he said he doesn't want to see any documents !!!!!! and then he said most likely your application will be denied and you should get a letter in the mail in about 2 weeks from now . when i asked why it will be denied he said the letter will tell you and it will also tell you when you can reapply i was like ok i will wait and see until i get the letter but i am still going forward with my lawsuit and i will take it the matter as far as i can take it and i have a right the law gave me and i am not going to let it go and i will fight for it . one of the things he asked me about it was do you have an attorney and i said no he said how did you know all this info (because the lawsuit was the first thing on the top of my file ) and i told him thanks to CIS you guys mad me become a search freak to look every where about my rights . he was like that's very good you should become an attorney i told him we will see about that . so any way i gusse the CIS are mad because i filed my lawsuit and i think they will try to find any thing to dissmiss my case . it's like i am the only in the country who filed a lawsuit against them , elso i think because they keep losing the cases so they trying to find any one case they can win . by the way my name check was cleard by the FBI 2 weeks after i filed my lawsuit and that's funny because i did every thing in my hands to try to clear my name faster from sending letters to the congressmen , senators and the white house to call CIS to visit CIS office to check on the background check , to send them letters and send emails and faxes to the FBI for about 7 months before i filed my lawsuit and they all came with STILL PENDING . NOW guys what do you think will happend now after i filed my resopnds to the moition to dismiss do you it will gave them an idea i am not going to rest until i get my citizenship or they will fight me to the end ? any advise ???? thank you for your help in advance . good luck to all of the us .

 

[ernorman]

Congrat to all the members who won their cases and i wish the best of luck for the rest of us . here is a new update from me as i told all of you before in my last post i got a phone call from a lady from the local USCIS office that she asked me to send some more document to her regarding my N-400 and she faxed me what she needs and when i called the US attorney who's handling my case she was aware of the CIS asked for and she also said that she will file her responds to the court on 06/30/06 and she did and mailed me a copy with a request of hearing on the matter on 07/28/06 and she said in her responds that the court should dissmiss the case because the 120 days doesn't until the CIS gather all the info that need and also the lawsuit should be dismiss because of lack of jurisdiction .....etc , the same old crap they pulled in every case , i got my responds ready for her and i will file it today with the court , in the other hand the same lady from USCIS called me last week for second interview and i told her sure and i went to the interview nothing really new happend they even didn't look at the documents they requested from me before the officer i had the interview with he said he doesn't want to see any documents !!!!!! and then he said most likely your application will be denied and you should get a letter in the mail in about 2 weeks from now . when i asked why it will be denied he said the letter will tell you and it will also tell you when you can reapply i was like ok i will wait and see until i get the letter but i am still going forward with my lawsuit and i will take it the matter as far as i can take it and i have a right the law gave me and i am not going to let it go and i will fight for it . one of the things he asked me about it was do you have an attorney and i said no he said how did you know all this info (because the lawsuit was the first thing on the top of my file ) and i told him thanks to CIS you guys mad me become a search freak to look every where about my rights . he was like that's very good you should become an attorney i told him we will see about that . so any way i gusse the CIS are mad because i filed my lawsuit and i think they will try to find any thing to dissmiss my case . it's like i am the only in the country who filed a lawsuit against them , elso i think because they keep losing the cases so they trying to find any one case they can win . by the way my name check was cleard by the FBI 2 weeks after i filed my lawsuit and that's funny because i did every thing in my hands to try to clear my name faster from sending letters to the congressmen , senators and the white house to call CIS to visit CIS office to check on the background check , to send them letters and send emails and faxes to the FBI for about 7 months before i filed my lawsuit and they all came with STILL PENDING . NOW guys what do you think will happend now after i filed my resopnds to the moition to dismiss do you it will gave them an idea i am not going to rest until i get my citizenship or they will fight me to the end ? any advise ???? thank you for your help in advance . good luck to all of the us .

I think it depends on whether you have adverse factors on your N-400.

I remember Second Circuit said "the circumstance depends on whether the petitioner had participated the delay of adjudication." If they say, look, because this guy was arrested and convicted of XXX, and we need to analyze the situation and ... That would be a valid point. I think you may still tell the court that it is a type of retaliation by them...

 

[qim]

... do you even need to present oath letter for the oath appointment? ...

You have to bring oath letter (Form N-445), with all the questions answered on the back of that form.

In May, I posted more on N-445 here:

http://www.immigrationportal.com/showthread.php?p=1431695#post1431695
http://www.immigrationportal.com/showthread.php?p=1431717#post1431717

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

 

[qim]

And your wife's I-485 was quick, interview scheduled 2 months after PD, WOW! Keep us posted with the result and best of luck!

Balto

Thanks Balto, however I have a strong suspicion that my wife's I-485 will face same NC nightmare as previously my (and lot of others', before and after) N-400 and as many others GC applicants.

Especially given that for about a month now USCIS isn't able to correct their misspelling of my wife last name.

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

 

[qim]

qim, thank you.
It is not over yet, but to have a completed Name Check is such a relief

Well, a little more patience, and you will be done. Just be careful with precise wording on case dismissal (if you are asked about this - a lot of examples in this thread), and also with questions on the back of N-445 (oath letter) when you receive that. (In particular, try not to have traffic violations before the oath ).

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

 

[Balto]

qim and gzmbk1,

You have to bring oath letter (Form N-445), with all the questions answered on the back of that form.

In May, I posted more on N-445 here:

http://www.immigrationportal.com/showthread.php?p=1431695#post1431695
http://www.immigrationportal.com/showthread.php?p=1431717#post1431717

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

qim: I sincerely hope that your wife will not go through this NC sh*t again, though I know it is very real for those of us who have had this nightmare, there is no other way to fight this injustice, we must keep our spirit high and keep fighting. Best of luck to you and your wife, and everyone in this hard journey, remember, we shall prevail!

gzmbk1: I printed out the e-mailed copy of my N-445 that had all my info on it, and I also used the pdf file posted here by qim and answered all the Qs on page 2. I will go to the oath with everything I have related to this whole mess, from what I heard from the AUSA, I should be fine. As of today, I did not receive the N-445 from INS and I really don't give a rat ass. I will post back here when I become a USC on 7/14/06.

Best Wishes for ALL!

Balto

 

[milashka]

Well, a little more patience, and you will be done. Just be careful with precise wording on case dismissal (if you are asked about this - a lot of examples in this thread),
if they ask for it I make sure that is going to be like " ....in light of the fact that the USCIS is now prepared to grant approval of plaintiff's application for naturalization within 30 (or may be 14 days ) of the dismissal of this action" and of course "without prejudice".
and also with questions on the back of N-445 (oath letter) when you receive that. (In particular, try not to have traffic violations before the oath ).

I've just printed the form of N-445 and read the questions. I am so ready for it
My little boy in the car is the best reminder for me for safe drive **************************************************
Interview:April 2005; 1447b:February 2006; Naturalized: May 2006

 

[gzmbk1]

qim: I sincerely hope that your wife will not go through this NC sh*t again, though I know it is very real for those of us who have had this nightmare, there is no other way to fight this injustice, we must keep our spirit high and keep fighting. Best of luck to you and your wife, and everyone in this hard journey, remember, we shall prevail!

gzmbk1: I printed out the e-mailed copy of my N-445 that had all my info on it, and I also used the pdf file posted here by qim and answered all the Qs on page 2. I will go to the oath with everything I have related to this whole mess, from what I heard from the AUSA, I should be fine. As of today, I did not receive the N-445 from INS and I really don't give a rat ass. I will post back here when I become a USC on 7/14/06.

Best Wishes for ALL!

Balto

Balto

wish you all the good luck on the day of your oath. Keep us posted.

 

[Ralphy]

Jim Fredrick is better than some other AUSAs in that office, at least in Emily's case, he actually called her for the good news. As for me, my case was approved on 6/27/06 and the approval notice was in the AUSA's office 6/29/06 and I did not know that until 7/11/06, after I CALLED, only to find out the oath was scheduled for 7/14/06 and I never (as of today) received the notice, darn that was a close call, almost "missed" the oath like Ralphy did.

Balto,

Who is your USDA?

Also, it seems to be a signature of the INS' Baltimore DO of scheduling the oath and not letting the applicant to know about that. Based on your story, I am starting to suspect that my USDA knew about my "missed" oath on 6/23, but failed to let me know. Then she must be a very good actress.

 

[AL11]

Congrat to all the members who won their cases and i wish the best of luck for the rest of us . here is a new update from me as i told all of you before in my last post i got a phone call from a lady from the local USCIS office that she asked me to send some more document to her regarding my N-400 and she faxed me what she needs and when i called the US attorney who's handling my case she was aware of the CIS asked for and she also said that she will file her responds to the court on 06/30/06 and she did and mailed me a copy with a request of hearing on the matter on 07/28/06 and she said in her responds that the court should dissmiss the case because the 120 days doesn't until the CIS gather all the info that need and also the lawsuit should be dismiss because of lack of jurisdiction .....etc , the same old crap they pulled in every case , i got my responds ready for her and i will file it today with the court , in the other hand the same lady from USCIS called me last week for second interview and i told her sure and i went to the interview nothing really new happend they even didn't look at the documents they requested from me before the officer i had the interview with he said he doesn't want to see any documents !!!!!! and then he said most likely your application will be denied and you should get a letter in the mail in about 2 weeks from now . when i asked why it will be denied he said the letter will tell you and it will also tell you when you can reapply i was like ok i will wait and see until i get the letter but i am still going forward with my lawsuit and i will take it the matter as far as i can take it and i have a right the law gave me and i am not going to let it go and i will fight for it . one of the things he asked me about it was do you have an attorney and i said no he said how did you know all this info (because the lawsuit was the first thing on the top of my file ) and i told him thanks to CIS you guys mad me become a search freak to look every where about my rights . he was like that's very good you should become an attorney i told him we will see about that . so any way i gusse the CIS are mad because i filed my lawsuit and i think they will try to find any thing to dissmiss my case . it's like i am the only in the country who filed a lawsuit against them , elso i think because they keep losing the cases so they trying to find any one case they can win . by the way my name check was cleard by the FBI 2 weeks after i filed my lawsuit and that's funny because i did every thing in my hands to try to clear my name faster from sending letters to the congressmen , senators and the white house to call CIS to visit CIS office to check on the background check , to send them letters and send emails and faxes to the FBI for about 7 months before i filed my lawsuit and they all came with STILL PENDING . NOW guys what do you think will happend now after i filed my resopnds to the moition to dismiss do you it will gave them an idea i am not going to rest until i get my citizenship or they will fight me to the end ? any advise ???? thank you for your help in advance . good luck to all of the us .

Couple of points:
I think that they can not deny it because they lost jurisdiction over the matter now with the lawsuit, also as you mentioned this is clear retaliation and the court will not tolerate that.

Second there are many examples on this forum regarding the jurisdiction issue, most courts will not agree with the jurisdiction issue.

Also, regarding the examination, investigation issue, it 's clear that examination is different than investigation, and also there are examples on that. they really have no defense here, as they should complete the investigation before the examination, i.e finish you background check before setting the interview.

Also in your response you need to point out that they did not come with any explanation about the delay. that won't look too good in front of the judge.

My advice is to work with AUSA to see if she can convince CIS to approve your case soon especially that your name check is now cleared.
My advice is to try to work with the AUSA and find out

 

[xu111]

AUSA contacted me today

Assistant US Atty called me and she is very nice and do her job in a professional way.

She first suggested that the case should be dismissed becauese my case was approved. I first asked her whether it is possible for me to file a motion to add my wife as plaintiff. She said that I can do that. Then I told her that I don't want to dismiss the case now because my wife's application was not approved yet. I also told her that it seems USCIS is actively working on my wife's case. We got an RFE on Medical Exam for my wife. After we responded, we say another LUD asking more stuff this morning. AUSA said that she understand my standpoint and she will contact with USCIS to find out what is going on with my wife's case.
In her final words, she suggested that we do nothing now and give it more time to see what happens to my wife's case.

My question is: do I need to file a motion to add my wife's name as plaintiff before the 60-day end? If my wife is not in the plaintiff list, do I have a base to ask for an extension in case my wife's application is not resolved then?

Do I need to worry that AUSA files dissmissal motion before my motion, so that my motion will not be granted?

 

[greencard12]

AUSA called me today too!

Hi,

I got a call from AUSA today and he told me that FBI has completed my name check. He asked for another extension to allow USCIS to do their job.

I will keep you posted.


WOM filed: April 6, 2006
I-485: April 17, 2003
NC Initiated: May 7, 2003

 

[485niw2005]

Update of my case

Previous activities are in my signature. I called Attouney office today to ask if my case was assigned to an AUSA. I served at San Jose office and the case was assigned to a San Francisco AUSA Ila Deiss. I have not called the AUSA yet, just wondering anybody worked with this AUSA before?

 

[bashar82]

Adding your wife would automatically give the government a 60-day extension.