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

[AL11]

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

forgive me for not reading your prior posts, what happend after your initial 60 days, did they ask for extention? and can you tell us where you are? also, did they ask you for a second FP?

 

[xu111]

Thank you for your input.

Then I will wait until close to the end of this 60-day period to file this motion if needed. Since they are actively working on my wife's case, I think it doesn't hurt to give them a little more time.

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

 

[moody22]

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 .

so they called you for a 2nd. interview just to tell you these great news, your application is denied. what a pasterds.

Well, let us put some stuff in order now.

you applied for N-400 based on your marrige from a U.S Citizen. I am gussing that the documents they asked you for is to prove that you still living with here, and she dosn't have another address than yours. other wise, they will deny your application.

But wait a moment now: didn't they already interviewed you twice during the green card process, and they were satisfied with your marrige twice, and that's way they granted you the green card?

you should use this argument if that was the reason for the denail. and i'm sure it's somthing related to these documents they asked for , because they called you right after that for 2nd interview, but it seems like they were not satisfied with what you provided

now couple quistions:

1. do you know for sure that your name check results came out ok, assuming that you never been involved with any trouble in the period betwwen your green card and when you applied for citizenship, Is there's somthing in your name check made them dinied your application. or they may be found out that your wife has a diffrent address, and you don't live with her.

2. did you send them these document Certified and in a timelly manner, so they can't say you did not respond to them.

the best thing is to wait for the letter of denail to see what's the reason for this stupidity, then you start from there.

i just don't know how they can deny tour application since they don't have jurisdiction, since your case in the court already. if i'm in your shoes, i would give this offecier the finger, and tell him that he can't deny the application, since he dosn't have the jur. to do that.

these pastards seems like they really don't like you. it is very clear from the way the f.offecier spoke to you.

Regards,

Moody

 

[greencard12]

forgive me for not reading your prior posts, what happend after your initial 60 days, did they ask for extention? and can you tell us where you are? also, did they ask you for a second FP?

I am in South Carolina. I did my third FP in February before I filed WOM. I proposed to the AUSA for 30 day extension when the initial 60 day was about to expire, since he agreed to push FBI to expedite name check. He tole me today again he may want to have another 30 day extension just in case USCIS can not finish processing my case before the answer is due.

Based on my personal experience, some AUSA are not really familiar with this kind of cases and most of them are courteous and professional. So things may become much easier if you can make them work for you, NOT against you, even though they are your opponents in theory. The AUSA told me, "my purpose is not to win the case, but to make sure justice is done". Talk to them sincerely, hornestly and make them sympathize for you. That is what I did.

 

[cuties]

case dimissal

Hello there,
Congratulations to all the winners/approval cases.

I have called the US. Attn. yesterday regarding the case dismissal. She called me back and informed me that they have 90 days to mail me the GC, but not a world regarding the dismissal!!

Is this happen to anyone ? Please share your situation and if you can the procedure of which you take in order the deal with this and the outcom.

Thank you verymuch
~C

 

[buggin]

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?

I filed in San Francisco and had the same US Atty. I actually never even talkted to this US Atty; it was just his/her? signature on the dismissal order. Everything was done through Tiffani, who I think is a paralegal. She was very nice and professional.

I got a call from Tiffani 3 weeks after I filed the petition (5/30). She said that the USCIS was ready to approve my case, faxed me the dismissal stipulation, I signed it and faxed it back to her on 6/22. On 7/8 I received my oath letter in the mail. My oath ceremony is on 7/24.

I think I am one of the lucky ones, whose cases got resolved very fast and painlessly. I think you shouldn't have problems either. If it's been about 3 weeks since you served on the US Atty, give them a call.

 

[buggin]

ihe 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 agree with AL11, USCIS doesn't have jurisdiction to deny your N400 application because of your pending lawsuit. So, don't worry about it.

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 .

You need to file your opposition to defendant's motion to dismiss the case. Then you need to start getting ready for the initial case conference. There is nothing you can do at this point. Hopefully, the judge will see how unreasonable and uncooperative the defendants are and punish them for it. Good luck and keep us posted.[/QUOTE]

 

[buggin]

Quick updates on my case dismissal

Hi all,

Congratulations to those who got their approvals or are very close to it! And wish lots of good luck and persistance to those who are still fighting for theirs.

Yesterday, 7/11, I received a copy of the court order to dismiss my case without prejudice as stipulated by both parties signed by the judge.

So, my case is officially dismissed, closed, finished....

 

[Mr LA]

Hi all,

Congratulations to those who got their approvals or are very close to it! And wish lots of good luck and persistance to those who are still fighting for theirs.

Yesterday, 7/11, I received a copy of the court order to dismiss my case without prejudice as stipulated by both parties signed by the judge.

So, my case is officially dismissed, closed, finished....

Congratulations buggin .....

I wish you the best in what ever u do ....

 

[buggin]

Congratulations buggin .....

I wish you the best in what ever u do ....

Thank you, Mr LA.
Same to you.

 

[yad1994]

3rd agency

Today I went to Kansas City USCIS Local Office to check my pending case, this time they told me that my case is pending in 3rd agency!! any one has an idea what is 3rd agency? any information?

 

[frankxie]

wom defendent-help

I ampalning to file a wom for my pending I485, could anyone who filed similar case recently tell me if the following are correct defendent. Thanks


Emiliot T. Gonzalez, Director
U. S. Department of Homeland Security
Office of the General Counsel
U. S. Department of Homeland Security
Washington, D.C. 20258

Jonathan Scharfen, acting Deputy Director
U. S. Citizenship and Immigration Services
425 Eye St. NW
Washington D.C. 20536

Paul Novak, Director
Vermont Service Center
U. S. Citizenship and Immigration Services
75 Lower Welden Street
St. Albans, VT 05479-0001

Alberto Gonzales,
Attorney General
U. S. Department of Justice
950 Pennsylvania Ave, NW
Washington, DC 20530-0001

Robert Mueller, Director
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Avenue, NW
Washington, D.C. 20535-0001

 

[milashka]

Hi all,

Congratulations to those who got their approvals or are very close to it! And wish lots of good luck and persistance to those who are still fighting for theirs.

Yesterday, 7/11, I received a copy of the court order to dismiss my case without prejudice as stipulated by both parties signed by the judge.

So, my case is officially dismissed, closed, finished....

Congratulations, buggin
Have a nice ceremony and dont forget to put a bottle of champagne into your refrigerator ...

 

[sam1973]

thank you for the respond

so they called you for a 2nd. interview just to tell you these great news, your application is denied. what a pasterds.

Well, let us put some stuff in order now.

you applied for N-400 based on your marrige from a U.S Citizen. I am gussing that the documents they asked you for is to prove that you still living with here, and she dosn't have another address than yours. other wise, they will deny your application.

But wait a moment now: didn't they already interviewed you twice during the green card process, and they were satisfied with your marrige twice, and that's way they granted you the green card?

you should use this argument if that was the reason for the denail. and i'm sure it's somthing related to these documents they asked for , because they called you right after that for 2nd interview, but it seems like they were not satisfied with what you provided

now couple quistions:

1. do you know for sure that your name check results came out ok, assuming that you never been involved with any trouble in the period betwwen your green card and when you applied for citizenship, Is there's somthing in your name check made them dinied your application. or they may be found out that your wife has a diffrent address, and you don't live with her.

2. did you send them these document Certified and in a timelly manner, so they can't say you did not respond to them.

the best thing is to wait for the letter of denail to see what's the reason for this stupidity, then you start from there.

i just don't know how they can deny tour application since they don't have jurisdiction, since your case in the court already. if i'm in your shoes, i would give this offecier the finger, and tell him that he can't deny the application, since he dosn't have the jur. to do that.

these pastards seems like they really don't like you. it is very clear from the way the f.offecier spoke to you.

Regards,

Moody

thank you for all my friends for their responds and here is some points i would like to tell you all :
1- i never been with any kind of trouble with the law all my life
2- for the documents that they asked me to send it to them they didn't and then they told me that bring it with you to the interview the officer didn't want even to look at it and when i told him that i have it with me he said no i don't want it
3- my name was clear from the FBI on may 12, 2006 because the AUS attorney when she filed her motion to dissmiss she said that my name was clear from the FBI on that day and i also saw it when i was at my 2 interview
4-i told the officer at my 2nd interview that USCIS cann't deny my application because once i filed my lawsuit CIS lose jurisdiction over the case as the law said for me coming over today that to show the court that i did every thing in my hand to solve the matter ( i think he didn't like that )
5- and based on the law SEC 319 (a) that give me the right to apply for citizenship after 3 years from the date that i got my GC if i am still married to the same US spouse so i must be still married to the same US spouse when i applied for the citizenship which is i am still married to the same wife .
6- even with that as the law said i am in title to the citizenship as long as i was still married to the same spouse at the time when i applied .
so i am still waiting for their responds and i already filed my answer to the motion to dismiss today with the court and send a copy to the AUS attoreny and i left her a massege today telling her that she will get her copy in the mail very soon and we have a court date on 07/28/2006 .
so if they did deny my application for whatever , i will tell the court that they cann't deny it since they don't have any control over the case any more and here is my question to all my friends : can they use the same pullshit that they use saying he came to the 2nd interview so he waived his rights of not waiting for the court to decide on the case ???? i mean since i went to the 2nd interview that i did waive my rights and give back the contol to CIS ??? i don't think so because as i said i was trying to show them and the court that i am willing to work with them to slove the matter . i would like to hear from all my friends out there and any one have an idea because i think they won't get back any control over the case unless the court send it back to CIS or i dissmiss the case ???? let me hear from you guys . thank you for all my friends in advance .

 

[hope_Nov]

Dear folks,

This is a long thread. Thanks all for inputting your information. I am not applying for citizenship. I am still waiting for my I-485 to be approved and considering to file a WOM.

I filed my I-485 in July 2004 (EB2 based). It is pending for two year due to name check. Last November, I switched employer, but I haven't filed AC-21 per lawyer's advise. Do you think I should file AC-21 before I file a WOM against USCIS and FBI? Will filing a WOM do any harm to my case since I didn't stick with the previous employer?

Gurus, please give me some suggestions.

Hope

 

[bobbyren]

Frankxie,

Emilio T. Gonzalez (not Emiliot) is the director of USCIS, not DHS. I am not sure why you use Jonathan Scharfen, acting Deputy Director as a defendant, but I used Emilio T. Gonzalez. So I used:

(1) Michael Chertoff, Secretary of the Department of Homeland SecurityOffice of the General Counsel
US Department of Homeland Security
20 Massachusetts Ave, NW, Suite 4025
Washington, DC 20529

(2) Emilio T. Gonzalez, Director of USCIS
Department of Homeland Security
U.S. Citizenship and Immigration Services
20 Massachusetts Ave, NW, Suite 4025
Washington, DC 20529


The addresses for the other three are right. But I think you don't want to have Alberto Gonzales, Attorney General as your defendant, although you need to serve him after you get summons.

Good luck
bobbyren

I ampalning to file a wom for my pending I485, could anyone who filed similar case recently tell me if the following are correct defendent. Thanks


Emiliot T. Gonzalez, Director
U. S. Department of Homeland Security
Office of the General Counsel
U. S. Department of Homeland Security
Washington, D.C. 20258

Jonathan Scharfen, acting Deputy Director
U. S. Citizenship and Immigration Services
425 Eye St. NW
Washington D.C. 20536

Paul Novak, Director
Vermont Service Center
U. S. Citizenship and Immigration Services
75 Lower Welden Street
St. Albans, VT 05479-0001

Alberto Gonzales,
Attorney General
U. S. Department of Justice
950 Pennsylvania Ave, NW
Washington, DC 20530-0001

Robert Mueller, Director
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Avenue, NW
Washington, D.C. 20535-0001

 

[lotechguy]

thank you for all my friends for their responds and here is some points i would like to tell you all :
1- i never been with any kind of trouble with the law all my life
2- for the documents that they asked me to send it to them they didn't and then they told me that bring it with you to the interview the officer didn't want even to look at it and when i told him that i have it with me he said no i don't want it
3- my name was clear from the FBI on may 12, 2006 because the AUS attorney when she filed her motion to dissmiss she said that my name was clear from the FBI on that day and i also saw it when i was at my 2 interview
4-i told the officer at my 2nd interview that USCIS cann't deny my application because once i filed my lawsuit CIS lose jurisdiction over the case as the law said for me coming over today that to show the court that i did every thing in my hand to solve the matter ( i think he didn't like that )
5- and based on the law SEC 319 (a) that give me the right to apply for citizenship after 3 years from the date that i got my GC if i am still married to the same US spouse so i must be still married to the same US spouse when i applied for the citizenship which is i am still married to the same wife .
6- even with that as the law said i am in title to the citizenship as long as i was still married to the same spouse at the time when i applied .
so i am still waiting for their responds and i already filed my answer to the motion to dismiss today with the court and send a copy to the AUS attoreny and i left her a massege today telling her that she will get her copy in the mail very soon and we have a court date on 07/28/2006 .
so if they did deny my application for whatever , i will tell the court that they cann't deny it since they don't have any control over the case any more and here is my question to all my friends : can they use the same pullshit that they use saying he came to the 2nd interview so he waived his rights of not waiting for the court to decide on the case ???? i mean since i went to the 2nd interview that i did waive my rights and give back the contol to CIS ??? i don't think so because as i said i was trying to show them and the court that i am willing to work with them to slove the matter . i would like to hear from all my friends out there and any one have an idea because i think they won't get back any control over the case unless the court send it back to CIS or i dissmiss the case ???? let me hear from you guys . thank you for all my friends in advance .

I think if you take your US citizen spouse along with you to the appointments it may help. The last time I was at the USCIS office I saw an IO came back out from an on going interview and called the spouse in.

 

[nalexeeva]

what can I file the lawsuit?

My N-400 petition was filed in Charlotte, NC and I have been waiting for over one year now. My interview has been scheduled and then de-scheduled by the Charlotte USCIS office. I went to an InfoPass appointment with them and I was told that the delay is caused by the FBI namecheck. I would like to sue the USCIS to get my citizenship -- here is the issue: is it true that you can file a lawsuit only after you have had the citizenship interview? I never had mine -- can I still file?

Thank you

Natasha

 

[dumbboy]

Update on my WOM case

I filed my WOM case on June 16, 2006. The due date for the 60-day period is August 18, 2006. Today I called the Assis. US Attorney who is in charge of my case. She said she is expecting some information coming in next week and she said she will call me if she gets the information. When I asked her what kind of informaiton she was talking about, she was not willing to talk about it.

By the way, she was really nice. Does not sound like a professional lawyer, more like a friend across the street.

What do you guys think? Is this a good sign?

Let's keep up our good work and defeat USCIS many many more time.


Dumbboy

 

[dumbboy]

My N-400 petition was filed in Charlotte, NC and I have been waiting for over one year now. My interview has been scheduled and then de-scheduled by the Charlotte USCIS office. I went to an InfoPass appointment with them and I was told that the delay is caused by the FBI namecheck. I would like to sue the USCIS to get my citizenship -- here is the issue: is it true that you can file a lawsuit only after you have had the citizenship interview? I never had mine -- can I still file?

Thank you

Natasha

Natasha,

From what I know, you can not file 1447(b) petition, but you still can file Writ of Mandamus lawsuit. But you need to justify that the delay is unreasonable.

Dumbboy