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

question for WOW

Hi All
I am silent reader on this thread for about 3 months. We live in the Seattle. My husband filed I485 on Nov. 2003. I am a dependent. My husband’s name check is still pending but mine is cleared. We wrote several letters, email to Senate, congressman, Mr. and Mrs. Bush, FBI etc, but no use. We also get the FOPIA for my husband. The result is “no Record”. We are thinking about filing WOW. But still hesitate because of one question. I remember there is a law saying: if someone moves, he or she should report new address to USCIS in one month. My husband and I moved several time before we applied 485. I think we sent our new address to USCIS. But I am not sure we really reported it in one month and we did not save any copies for that. We also did not receive any response from USCIS after we sent the change of the address. Is it possible that USCIS will deny our application because of this reason?

Thanks for your reply.
 
One140Nov03 said:
Hi All
I am silent reader on this thread for about 3 months. We live in the Seattle. My husband filed I485 on Nov. 2003. I am a dependent. My husband’s name check is still pending but mine is cleared. We wrote several letters, email to Senate, congressman, Mr. and Mrs. Bush, FBI etc, but no use. We also get the FOPIA for my husband. The result is “no Record”. We are thinking about filing WOW. But still hesitate because of one question. I remember there is a law saying: if someone moves, he or she should report new address to USCIS in one month. My husband and I moved several time before we applied 485. I think we sent our new address to USCIS. But I am not sure we really reported it in one month and we did not save any copies for that. We also did not receive any response from USCIS after we sent the change of the address. Is it possible that USCIS will deny our application because of this reason?

Thanks for your reply.
Click to expand...

I think for USCIS to deny an application there has to be something in the application it self. So I don't think they will deny it for just not reporting change in address. I think for you to feel more comfortable you need to contact a litigatin immigration attorney. If you need a recommendation, I know someone in Seattle that does a lot of these cases. So PM me so i can get the contact info to you
 
Can some one guide me how to find the court that had jurisdiction where a WOM can be filed ? Does it depend on the loacation of the DO or your location ?
 
lotechguy said:
I read another post here where a guy in similar situation had to remand the case to USCIS, had a second fingerprint and a second interview and was approved. In his case it was over a year after the interview. If you havent been contacted by law enforcement/FBI then whatever is in your report should not be that derogatory to deny naturalization. May not be a bad idea to retain and lawyer and let him talk to AUSA and do some handling now to get a feel of what is going on.
Click to expand...


Thanks lotechguy! My FOIPA showed "no records" and my FPs were cleared. Now, if you mean by "contacted by law enforcement/FBI" that they can with any warrant or anything like this no they did not. But like many Muslims (in NJ), FBI did come to my home.

I am slowly looking to discuss my case with some lawyer and probably hire one to represent me.

Best Regards
 
sfaizullah said:
Hi gcmera2,
I tried to send you this via PM but you have maxed your quota. I did not file under WoM but rather under 1447(b). If you still want to talk please do let me know.

Best Regards
Click to expand...
Faizullah,

I am sorry I have been thinking some how you are WOM filer... but you are 1447b file for naturalization... hey buddy you should not be worried about... there are some responses to motion to deny on this forum in your case you just need to copy paste in you case they do not have any jurisdiction to decide anything... only court has jurisdiction after filing your complaint... your interview was completed right?
 
Congratulations!!!

wimgc said:
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..
Click to expand...
 
Thank you, Haddy

Thank you Haddy.
How is your case now? We filed in the same district court and your case is about 1 month earlier than mine. Did you talk to AUSA recently? Hopefully your name check will be completed very soon.

 
FBI name check finalized under white house's help

I received William L Hooton's letter(assistant director of FBI records management division. My name check was finalized. My name check was pending since Feb., 2005. I knew from this forum that somebody got their name check clear after assistance of white house. Two months ago, I wrote to Mrs George Bush about my FBI name check's issue. One month later, I received a printed card from Misty Marshall, Director of Corresponence of First Lady office. They forwarded my request to FBI. As said in the card, half month later, I actually received the FBI's letter, my name check was finalized and forwarded USCIS on July 13. It's a huge relaxation.
Meanwhile, I filed WOM one and half months ago. See what will be the further development in next a couple of month about my I-485.

This forum is very very usefrul. We share our information, help each other.
 
Congratulations

wimgc said:
Thank you Haddy.
How is your case now? We filed in the same district court and your case is about 1 month earlier than mine. Did you talk to AUSA recently? Hopefully your name check will be completed very soon.
Click to expand...
OH NO... my us atty assigned to my case is very rigid... basically I was looking at his old cases he had taken they are of habes corpus cases... he likes to just go on and on in the case... which I am not afraid of... the only thing is that unless AUSA understands that this name check fight is no win situation he/she never moves and never tries to work things out between USCIS/FBI... after talking to him I beleive that he is very lazy about networking... meaning he would prefer just to work towards filing his responses than contacting his friends in USCIS/DHS/FBI to take care of the namecheck process... like someone just sd earlier... some lawyers have calculated every thing... i think that the AUSA in my case is just useless... he has nothing calculated... but anyways... WIMGC, I am really happy for you and CONGRATULATIONS...
 
Summonses serving procedure for 1447(b)

Hi Everyone,
I have filed 1447 (b) case today, court clerk requested 5 copies of complains, +cover + summons.
I’m supposed to receive back from a court all summonses in a week time, after that I will need to serve all defendants:
In order to serve defendants properly I do have some questions, Please if you can help me with resolving these questions:
1. Who supposed to serve defendants, as far I am understand instructions I
can’t not serve them my self?
2. In a return receipt what name I supposed to indicate, my or persons how will serve the defendants?
3. What documents I supposed to send to US Attorney (complains + exhibits
list+ cover for sure, but what about summonses? do I have to send copy of all summonses? Or should I make additional for US Attorney)
4. After serving defendants what will I need to be field with a court? Return receipt from US Attorney or all receipts and what is filling procedure?
 
here it is

sfaizullah said:
Guys,
How to check in PACER cases for my AUSA/Judge?
Click to expand...

hi there, after you register and login you can actually go to the "Query" link and use the AUSA last name in the search criteria, now for the judge i don't see how you could search by judge.. good luck
 
not important

AL11 said:
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
Click to expand...
Not listing the FBI is not important, as long as you have listed DHS director, all the agencies fall under his umbrella.
 
it depends on your location

lotechguy said:
Can some one guide me how to find the court that had jurisdiction where a WOM can be filed ? Does it depend on the loacation of the DO or your location ?
Click to expand...
hey there, it depends on your location. as a matter of fact what i personally did is look up your district court here
http://pacer.psc.uscourts.gov/psco/cgi-bin/county-code.pl
you can also go here and do a specific search it might actually be easier for you this way
http://www.uscourts.gov/courtlinks/
then do a google search for your specific district court website to get all the info and download all the documents needed.
good luck
 
Last edited by a moderator:
lotechguy said:
On pacer how does one search for 1447B Filing cases ? Is there a NOS code that corresponds to 1447B cases ?
Click to expand...
you can go to :"Query" and look up the case by type : 890 for other statutory actions, or the best way is to actually look it up by one of the parties in this case "chertoff" in the last name field. but make sure you don't search a very wide range of dates you might get lots of cases.

good luck
 
Olegbak said:
1. Who supposed to serve defendants, as far I am understand instructions I
can’t not serve them my self?
just send them via USPS/fedex/UPS or any courrier that would give you proof of delivery, USPS worked for most of us.

2. In a return receipt what name I supposed to indicate, my or persons how will serve the defendants?
in the return receipt put your name and address so the green postcards come back to you. in my district i didn't even wait for those to come back i just took print out of off the website. that was good enough for the court.

3. What documents I supposed to send to US Attorney (complains + exhibits
list+ cover for sure, but what about summonses? do I have to send copy of all summonses? Or should I make additional for US Attorney)
you only send a copy of what you have filed with the court, complaint and all exhibits + the summons. the cover sheet in my district was only directed to the court so i didn't send it to anybody.

4. After serving defendants what will I need to be field with a court? Return receipt from US Attorney or all receipts and what is filling procedure?
Click to expand...
when you get the usps web printout or the green postcards back just send them along with a return of service sheet that you should find at the court's clerk's office or maybe their website, you might want to include a sheet explaining what you did and when you sent them.

check this attached file, i did just like that guy
 
One140Nov03 said:
Hi All
I am silent reader on this thread for about 3 months. We live in the Seattle. My husband filed I485 on Nov. 2003. I am a dependent. My husband’s name check is still pending but mine is cleared. We wrote several letters, email to Senate, congressman, Mr. and Mrs. Bush, FBI etc, but no use. We also get the FOPIA for my husband. The result is “no Record”. We are thinking about filing WOW. But still hesitate because of one question. I remember there is a law saying: if someone moves, he or she should report new address to USCIS in one month. My husband and I moved several time before we applied 485. I think we sent our new address to USCIS. But I am not sure we really reported it in one month and we did not save any copies for that. We also did not receive any response from USCIS after we sent the change of the address. Is it possible that USCIS will deny our application because of this reason?

Thanks for your reply.
Click to expand...
hey there, you'll be fine , the last time i moved and called the USCIS to update my move i don;t recall receiving any receipt. for the attorney, i still think that you might be able to do it yourself but if you want check this guy out. i know that he is a very experienced immigration lawyer, my friend is using him right now, he seems to know his way around the courts here
Bart Klein
605 1st AVE suite 500
Seattle WA 98104
206 624-3787
 
Does writ of mandamus works?

Hi there!

I am stuck in name check since november,2002.
I sucessfull interview was taken in march, 2004....Anybody know any solution for this mass...
 
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