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

[Mette]

Gees. I need to file my WOM in Boston in a couple of weeks. I am waiting for the No record FIOA from FBI. I was trying to get a lawyer to do it for me and he came up with 5000 fee. I might as well use this 5000 to go to a law school. Anyway, I am planing to file it Pro se and copied the template from someone in this forum (many thanks). Based on the USCIS MEMO, pending WOM is one way that USCIS will request the speed up your name check from FBI.USCIS has to pay for FBI for speed up. After your name cehck is cleared, you need to do another FP, which is only good for 15 month. It seems that if you get a notice to ask you to redo your FP, most likely your case has some hope. What I do not understand is only 1 out of 5 people I know would get greencard in less than a year. Majority is waiting more than 1 and half year. The excuse of USCIS is always name check pending. It is really bad there is no oversight. My I-485 RD is 10/2004. Like what I was told by the forks in USCIS, a lot of people waiting longer than me!

Well, do you mean that if I don't get FP notice, then my case will be dismissed? I will fight them. I've been waiting for 3 and a half year with my AOS, this is just plain ridiculous.

 

[frankxie]

Page 14 of this forum.

Hi Guys:

Can any one PM me with their attachment of actual writ of mandamus petition. I would appreciate if it is of I-485 pending type case instead of citizenship. Thanks a lot on this guys. Waiting for receiving PM from any of those who filed.

 

[PendingN400]

Important Victory

Guys:

Here is an important opinion issued by a judge regarding retaining jurisdiction (rejecting Danilov) on 1447(b) lawsuit. Also, the judge has issued a remand back to USCIS (with background checks that were already completed) with specific instruction on issuing a determination within 120 days. I think, the outcome may either be approval or denial by USCIS depending on results of the background checks.

http://www.bibdaily.com/pdfs/Kahn2.pdf

 

[frankxie]

What I mean is that even your background check is cleared, if your FP is not current (pass 15 month), you have to do another one. I was told by the IO in that 800 number. I do not think they can just dismiss your case. It seems that now more and more ppl are filing Writ and USCIS can only request several hundred case of speed up of name check per month. That might be the reason for extension. I believe that your case will be resolved soon.

Well, do you mean that if I don't get FP notice, then my case will be dismissed? I will fight them. I've been waiting for 3 and a half year with my AOS, this is just plain ridiculous.

 

[AL11]

What I mean is that even your background check is cleared, if your FP is not current (pass 15 month), you have to do another one. I was told by the IO in that 800 number. I do not think they can just dismiss your case. It seems that now more and more ppl are filing Writ and USCIS can only request several hundred case of speed up of name check per month. That might be the reason for extension. I believe that your case will be resolved soon.

This is true, I heared that there is a quota of how many expadited names checks the USCIS can request every month, I am not sure if this quota applies to lawsuites or not.
Any way, I think this is quite comic, not the FBI has a backlog of expedited name check requestes, and looks like this backlog is gonna get only worse with more poeple filing lawsuits. This is a complete mess. They really need to find a solution for this and quickly.

 

[wimgc]

My WOM update

Hi, everyone:
I don't post very often but my case is still going forward.
The AUSA filed a motion to dismiss on 7/7/06 based on lack of jurisdiction and no proper claim for review under APA, etc. I filed a response on 7/17/06.

Today I called AUSA and she said my name check was finished last Thursday! She thinks USCIS should adjust my case within two weeks.
I am very excited about this name check clearance becasue it has been pending for over two years, even though the whole process has not completely done yet. I will wait and see..

 

[Mette]

wimgc, what did you write in response to their motion to dismiss?

I wish you good luck with your case!

 

[fightback]

Hi, everyone:
I don't post very often but my case is still going forward.
The AUSA filed a motion to dismiss on 7/7/06 based on lack of jurisdiction and no proper claim for review under APA, etc. I filed a response on 7/17/06.

Today I called AUSA and she said my name check was finished last Thursday! She thinks USCIS should adjust my case within two weeks.
I am very excited about this name check clearance becasue it has been pending for over two years, even though the whole process has not completely done yet. I will wait and see..

Congratulations! You are almost there. I hope my NC will be cleared soon. I feel so frustrated b/c CIS has sent a second request to FBI due to no response from FBI after a month of first request.

 

[485niw2005]

My WoM update

AUSA returned my phone called today. She reiterated the case process and told me the due day is Aug 28. She said she hope it can be resolved before the deadline. I told her that there is another agency (Dept. of Commence) submiited name check to fbi for my background check. It was cleaed in May. (It takes 3 month for fbi to finish it. USCIS request is low proriaty) It seems fbi doesn't relate the two requests together. I hope AUSA conveys the information to fbi and finish this soon.

 

[AL11]

AUSA returned my phone called today. She reiterated the case process and told me the due day is Aug 28. She said she hope it can be resolved before the deadline. I told her that there is another agency (Dept. of Commence) submiited name check to fbi for my background check. It was cleaed in May. (It takes 3 month for fbi to finish it. USCIS request is low proriaty) It seems fbi doesn't relate the two requests together. I hope AUSA conveys the information to fbi and finish this soon.

our timelines are very similar, I'll keep an eye on your case. Which district court did you file?

 

[fightback]

AUSA returned my phone called today. She reiterated the case process and told me the due day is Aug 28. She said she hope it can be resolved before the deadline. I told her that there is another agency (Dept. of Commence) submiited name check to fbi for my background check. It was cleaed in May. (It takes 3 month for fbi to finish it. USCIS request is low proriaty) It seems fbi doesn't relate the two requests together. I hope AUSA conveys the information to fbi and finish this soon.

How did you know Dept. of Commence submiited a name check rather than just background check? Thanks!

 

[kabi24]

My 1447b update

Hi everyone, i just received a phone call from the AUSA, following an email i sent to her regarding the deadlines setup by the court...
It was very informal, and laid back, she basically updated me with the situation. this is how it went: t= me. a= attorney.
T: hello
A: T, hi this the AUSA assigned to your case, i called your work cell phone and left a message.i got your email, and i was just trying to give you an update of what's going on, i know we are supposed to proceed with the discovery process followinfg FRCP 26, and go ahaead with the joint status report. If we go through with this it will make the court come out with other deadlines and force us to go through trial. what i want to propose to you is that i submit a request to put the case in a "bin" for 30 days to let the uscis some more time...
T: so you basically want an extension of 30 days to have uscis make a decision?
A: yeah this is what happened, you had your 2nd FP recently on 06/15/06 right, from my contact with the USCIS and FBI, your fingerprints came back with no hits, then we were waiting for namecheck, it took a little longer, the fbi is telling me that the name check is completed now. the uscis doesn't have it UPDATED YET! basically before the FBI had a backlog now the USCIS seems to be very busy and will update it and have your citizenship approved within 2 days or 2 weeks or something like that that's why just like other cases i dealt with it is standard procedure to ask if you agree for 30 days extension, and we'll dismiss your case after they naturalize you.
T: ok, i agree, from my research of other cases you had before and some other ones i looked at on pacer i know this happens sometime. and i am just trying to push this case through..
A: allright i'll email you the paperwork i will file with the court.
T: did you want me to sign that?
A: well you don't have to sign it, but if you want to print it out and fax me an agreement we'll file it with electronic signature.
T: ok then thank you for calling.
A: you have all my information so just call me if you need any help.

so what do you think about this, looks like it's all good at this point. i will wait and see. for me another 30 days is ok. as long as it gets all resolved within 3 months i am all for that.

 

[485niw2005]

That's what DoC told me. Just like immigration case, DoC conducts multi-agency backgroudn check and NC is part of it.

How did you know Dept. of Commence submiited a name check rather than just background check? Thanks!

 

[485niw2005]

I filed at Nor Cal. In fact I think the FP in your case is a very good sign. Infopass person told me even if your FP expired, they won't issue a new one until your case is ready to go. My FB expired a month ago and did't received the renew notice yet.

our timelines are very similar, I'll keep an eye on your case. Which district court did you file?

 

[wimgc]

my response to motion to dismiss

wimgc, what did you write in response to their motion to dismiss?

I wish you good luck with your case!

Mette:
The AUSA wants the courts to dismiss the case due to lack of jurisdication and she cited several cases which were dismissed by courts. In my response I cited cases which were granted by judges and juges found they have jurisdication.
I think the clearance of my name check is not related to my response because FBI expedited my name check before I filed the response.

Wish you good luck too.

 

[amad]

Victory In Atlanta With God's Help

Three And Half Months After I Filed Writ Of Mandamus For My N 400 Application I Got A Call From Atlant Office Last Wednesday Telling Me My N 400 Appl. Is Approved And They Want Me To Come To Take The Oath.i Went On July 20 Th And I Became A Us Citizen,thank God And Thank All Those Great Ppl In This Form,i'll Be More Than Happy To Answer Any Questons ,or Help In Any Way Thank You

 

[AL11]

Congratulation, almost there

Hi everyone, i just received a phone call from the AUSA, following an email i sent to her regarding the deadlines setup by the court...
It was very informal, and laid back, she basically updated me with the situation. this is how it went: t= me. a= attorney.
T: hello
A: T, hi this the AUSA assigned to your case, i called your work cell phone and left a message.i got your email, and i was just trying to give you an update of what's going on, i know we are supposed to proceed with the discovery process followinfg FRCP 26, and go ahaead with the joint status report. If we go through with this it will make the court come out with other deadlines and force us to go through trial. what i want to propose to you is that i submit a request to put the case in a "bin" for 30 days to let the uscis some more time...
T: so you basically want an extension of 30 days to have uscis make a decision?
A: yeah this is what happened, you had your 2nd FP recently on 06/15/06 right, from my contact with the USCIS and FBI, your fingerprints came back with no hits, then we were waiting for namecheck, it took a little longer, the fbi is telling me that the name check is completed now. the uscis doesn't have it UPDATED YET! basically before the FBI had a backlog now the USCIS seems to be very busy and will update it and have your citizenship approved within 2 days or 2 weeks or something like that that's why just like other cases i dealt with it is standard procedure to ask if you agree for 30 days extension, and we'll dismiss your case after they naturalize you.
T: ok, i agree, from my research of other cases you had before and some other ones i looked at on pacer i know this happens sometime. and i am just trying to push this case through..
A: allright i'll email you the paperwork i will file with the court.
T: did you want me to sign that?
A: well you don't have to sign it, but if you want to print it out and fax me an agreement we'll file it with electronic signature.
T: ok then thank you for calling.
A: you have all my information so just call me if you need any help.

so what do you think about this, looks like it's all good at this point. i will wait and see. for me another 30 days is ok. as long as it gets all resolved within 3 months i am all for that.

I am so happy for you, what a relief that your name check is done. Hope the USCIS will process this in couple of weeks and you will be done.
I hope that my case go as smoothly as yours

 

[kabi24]

Three And Half Months After I Filed Writ Of Mandamus For My N 400 Application I Got A Call From Atlant Office Last Wednesday Telling Me My N 400 Appl. Is Approved And They Want Me To Come To Take The Oath.i Went On July 20 Th And I Became A Us Citizen,thank God And Thank All Those Great Ppl In This Form,i'll Be More Than Happy To Answer Any Questons ,or Help In Any Way Thank You

congratulations, i had one question though, why did you file WOM instead of 1447 b? i know that in atlanta my friend had to wait more than 3 years for his i 485 and he's got his 10 yrs GC directly, i heard that Atlanta DO really sucks.

 

[kabi24]

I am so happy for you, what a relief that your name check is done. Hope the USCIS will process this in couple of weeks and you will be done.
I hope that my case go as smoothly as yours

Thans man, i appreciate you answering my email, aparently some AUSA know what this is all about and have the procedure worked out, i know we have 2 different AUSA. y question to you is: did you look up any cases from that AUSA assigned to your case? that will probabl tell you how she normally proceeds...

 

[AL11]

Thans man, i appreciate you answering my email, aparently some AUSA know what this is all about and have the procedure worked out, i know we have 2 different AUSA. y question to you is: did you look up any cases from that AUSA assigned to your case? that will probabl tell you how she normally proceeds...

I actually did, all her cases are dissmised (good sign) when I spoke to her last week, she told me her goal is to get the case approved and moot, so it can be dismissed before trial. She also said that, she has no control over FBI and not sure what there timeline is. I made a mistake and in my complaint I did not list FBI (Mullere) as a defendat, I hope this won't come back to haunt me. I did list Alberto Gonzales, so hopefully this would be enough.
Please keep us posted and good luck