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

billa007 said:
Jeta and Moody 22, Can you please post a draft of the letter to Ms Bush. My AoS is pending since April 2002 (yes over 4 years) and I am planning to write to her too. Thanks
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Dear Billa007,

The letter i sent is a very simple format, Started with Dear Mrs.Bush, the first lady,

then i explained the problem of my N-400, and asked for her personal help in expediting the name check process for my application. also mention your time line for each step you did. if you have FOIPA, attach a copy to your letter.

I wish you the best.

Regards,

Moody
 
i485 since 2001

hi everyone, i have spent 3 full days going thru this thread and am inpired by those great names publicus, mohemad, suzy, etc. i also felt alll the pains and happiness as every one going thru the process.

congratulate all those won your case and i pay my highest respect to your spirit fighting for your rights! salute!

i will file my wom soon, thanks for those who did the initial research and paved the way for all of us to this. following is my time line for my i485 case. i've wasted too much time to collect the exhibits for my suit: 4 letters, 1 email form uscis, 1 letter from the obusman, 1 email from my congresswoman. i guess it's time to standup, even no bird is pooping around here.

i am going to file it at northern illinois district, anyone have any experience ? i just noticed a few of the first examples actually are in this disctrict.

i-140 eb1 approved, 10/2001
i485 filed, 11/2001
rfe fullfilled, 2002
bc pending, 1/2003
 
ylli said:
hi everyone, i have spent 3 full days going thru this thread and am inpired by those great names publicus, mohemad, suzy, etc. i also felt alll the pains and happiness as every one going thru the process.

congratulate all those won your case and i pay my highest respect to your spirit fighting for your rights! salute!

i will file my wom soon, thanks for those who did the initial research and paved the way for all of us to this. following is my time line for my i485 case. i've wasted too much time to collect the exhibits for my suit: 4 letters, 1 email form uscis, 1 letter from the obusman, 1 email from my congresswoman. i guess it's time to standup, even no bird is pooping around here.

i am going to file it at northern illinois district, anyone have any experience ? i just noticed a few of the first examples actually are in this disctrict.

i-140 eb1 approved, 10/2001
i485 filed, 11/2001
rfe fullfilled, 2002
bc pending, 1/2003
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Wow, 2001!!! And I thought that my case is old (it's been pending since April 2003). Good luck to you with your WOM!

__________
I-485 pending since 2003
WOM filed 06/05/06
US Attorney served 07/03/06
60 days end 09/03/06
 
Good Lawyer

This thread has been really useful.
I'm trying to find good laywer in Chicago IL area.
Does any one know?
I submitted N-400 Oct 2003, completed interview and test in May 2004.
I'm still waiting for name check completion which I do not know why it is pending over 2 years. I'm planing to have lawsuit but I can not find any lawyer who will file lawsuit against INS or FBI.
Another question is what is the differnce between 1447b and mandumus action?
which is better?

Thank you very much.
 
Hi Bet!

The basic difference between WOM and filing 1447(b) is that in the latter case, USCIS (gov't) looses jurisdiction over your application. From what I have been reading here, 1447(b) seems to be the stronger of the two tools.

Furthermore, filing 1447(b) is simple and you can do it Pro Se (filing without a lawyer). Unless your N-400 is difficult and you think USCIS has something on you that might make them deny your application, I would recommend saving the money for a lawyer.

A good starting point is reading up on how to file a 1447(b) suit. I urge you to read the corresponding threat here on the forum.

Good luck!

Cheers,

Legal
 
Hello,Legalalien99 than you very much for your quick reply.
I forgot to ask you one another question, last time when I visted USCIS they told me that my finger print is expired and they will send me letter in 3 month for another finger print but they never send me a letter. It is been over 1 year.
Should I do anything before I file 1447b?
Your opinion really help me.
 
bet1010 said:
Hello,Legalalien99 than you very much for your quick reply.
I forgot to ask you one another question, last time when I visted USCIS they told me that my finger print is expired and they will send me letter in 3 month for another finger print but they never send me a letter. It is been over 1 year.
Should I do anything before I file 1447b?
Your opinion really help me.
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Hi Bet,

If you have already been interviewed, as you had stated, I would not invest any energy on following up on the expired fingerprint. It will be happen naturally once you have filed 1447(b).

Cheers!

Legal
 
bet1010 said:
This thread has been really useful.
I'm trying to find good laywer in Chicago IL area.
Does any one know?
I submitted N-400 Oct 2003, completed interview and test in May 2004.
I'm still waiting for name check completion which I do not know why it is pending over 2 years. I'm planing to have lawsuit but I can not find any lawyer who will file lawsuit against INS or FBI.
Another question is what is the differnce between 1447b and mandumus action?
which is better?

Thank you very much.
Click to expand...

Hi bet1010,

I have sent you a PM with lawyer info. You can also find more from PACER. Please see my earlier posts on how to do this

drgeorge
 
nothing special

TheRock20148 said:
curious100, congratulation on fast response. Could you please place your WOM (remove classified information) for others to file. This is not for myself. I did filed 1447(b) on July 11th for citizenship but your sample will help others to file WOM for I-485.
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My WOM petition has nothing special at all. I used some template posted in this thread earlier and personalized to reflect my case. My exhibits include senator letters, FBI response email, USCIS response, all saying pending security check. I don't have FOIPA, president or first lady response like some people did.
 
Mette said:
Wow, 2001!!! And I thought that my case is old (it's been pending since April 2003). Good luck to you with your WOM!

__________
I-485 pending since 2003
WOM filed 06/05/06
US Attorney served 07/03/06
60 days end 09/03/06
Click to expand...

thanks!

i actually called fbi and uscis 800 one more time today. fbi does not wnat to give anything other than go to do what you need to do. it is special day so the uscis girl was nice and tranfered me to an older lady who advised me to wait and continue to work with my congress person. as i tried to explain that i need to contact some one that is working on my file and if uscis follows up with fbi on nc, she eventually lost patience and wanted to go and i aksed her for her manager. her manager repeated those bs we all have heard thousand times and sd they are just a call center, to communicate with lin i have to write ....

well, this is the last time i wasted my time and i am going to do my wom.
 
Agree with legal 100%. reaidn thru the cases posted here, they do not seem to be too complicated. only hire a lawyer when complication arises. good luck.


bet1010 said:
This thread has been really useful.
I'm trying to find good laywer in Chicago IL area.
Does any one know?
I submitted N-400 Oct 2003, completed interview and test in May 2004.
I'm still waiting for name check completion which I do not know why it is pending over 2 years. I'm planing to have lawsuit but I can not find any lawyer who will file lawsuit against INS or FBI.
Another question is what is the differnce between 1447b and mandumus action?
which is better?

Thank you very much.
Click to expand...
 
advice please

Gurus,

As I reported yesterday, my I-485 case is being transfered from VSC to NY local office, after I filed WOM on 6/5/06. Is it a good idea to file a motion to the court to add the NY local office director to defendant list WITHOUT changing the original due date for defendant to answer? Should I point out to court that they put me into another black hole on purpose since NY CIS already has significant backlog and possibly another few years of delay is ahead of me. This kind of retaliation by the defendants should not be tolerated by the court?

Thanks.
 
sfaizullah said:
Hi,
One more update. I left a message to AUSA and he then called. So, it looks like we are headed to the court. He was cryptic in his answer (very nice fellow though and respectful). At this point I know that he is going to submit reply sometimes next week. I asked him, based on the letter from Mr. Hooton my case should be straight forward but it does not look like we are headed that way. I will know more next week when he files his reply.

I am just confused and don't know what is going on. I am also now not sure if Pro Se was the right thing.

One question from all, particularly Suzy/SuperK/Mohamed/others, is why would they take this position given that Mr. Hooton has written that my name check is processed and finalized? My FOIPA was "no records" as I wrote before.

Second question, should I look into hiring a lawyer? Don't know what they have in store for me. I will wait till next week when AUSA file his reply to the court to know for sure.

Last question, can the judge grant what AUSA ask for without trial (and without me)?

Best Regards
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Hi,
Another small update: my case is becoming bizarre and I think I will need some lawyer. The AUSA instead of answering my complaint by extended due date, he sent a motion to seal and send the case back to USCIS. Not much information that I can decipher and respond back. It is not like the typical cases that are discussed here where one gets an answer and can respond to. So, it looks a lawyer will know this better. I am in NJ and if you have some good suggestions please let me know (this was the last thing I wanted to do but here it looks like I have no choice).

Does anyone come across "Local Civil Rule 5.3(c)(3)" (New Jersey) and Fed. R. Civ. P. 78?

Best Regards
 
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nobigdeal said:
Gurus,

As I reported yesterday, my I-485 case is being transfered from VSC to NY local office, after I filed WOM on 6/5/06. Is it a good idea to file a motion to the court to add the NY local office director to defendant list WITHOUT changing the original due date for defendant to answer? Should I point out to court that they put me into another black hole on purpose since NY CIS already has significant backlog and possibly another few years of delay is ahead of me. This kind of retaliation by the defendants should not be tolerated by the court?

Thanks.
Click to expand...

Nobigdeal,

Look at CV05-4461 in Eastern District of NY, similar to yours, the case was transfered to NYC office for adjudication and interview was scheduled approx. 2 weeks after. The case was "dismissed voluntarily", which I believe, is approved. In my opinion, you should just find how when is the interview, if any. You don't have to add any plaintiff since you are suing the boss of NYC Director. Remember, you are asking for "adjudicate your case in a timely manner.", so if court agrees, they can not defer your interview for another year.

Sit back and relax.
 
sfaizullah said:
Hi,
Another small update: my case is becoming bizarre and I think I will need some lawyer. The AUSA instead of answering my complaint by extended due date, he sent a motion to seal and send the case back to USCIS. Not much information that I can decipher and respond back. It is not like the typical cases that are discussed here where one gets an answer and can respond to. So, it looks a lawyer will know this better. I am in NJ and if you have some good suggestions please let me know (this was the last thing I wanted to do but here it looks like I have no choice).

Does anyone come across "Local Civil Rule 5.3(c)(3)" (New Jersey) and Fed. R. Civ. P. 78?

Best Regards
Click to expand...

Hummmmmmmmm,

Keep us updated. The Federal Rule Civil Procedure can be found at
http://www.law.cornell.edu/rules/frcp/
 
ernorman said:
Nobigdeal,

Look at CV05-4461 in Eastern District of NY, similar to yours, the case was transfered to NYC office for adjudication and interview was scheduled approx. 2 weeks after. The case was "dismissed voluntarily", which I believe, is approved. In my opinion, you should just find how when is the interview, if any. You don't have to add any plaintiff since you are suing the boss of NYC Director. Remember, you are asking for "adjudicate your case in a timely manner.", so if court agrees, they can not defer your interview for another year.

Sit back and relax.
Click to expand...

Thanks Ernorman. Can you verify the case number and the district? I just searched PACER and found that case is not immigration related. Thanks again!
 
WOM Victory!!

Hello everyone:

Both my and my wife's I-485 were approved yesterday and the cards were mailed out today according to USCIS online message. Please see my signature for milestones. This will not happen without this great thread initiated by Publicus and followed by all of our participants.

I wish everyone good luck with his case and be confident that your application will be approved in the near future. But somebody may have to go through more than others. In my case, AUSA filed a motion to dismiss and I had to file a response to it. She is not super nice but I tried to talk to her friendly in order to solve this problem peacefully. But I also let her know that I am willing to fight and face them in court if I have to. It seems like she started to show some sympathy after several talks. Now I am waiting for AUSA's call to ask me to dismiss the case instead of calling her first (as I always did). :D

Good luck and thank you to everyone!
 
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