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

In my case it took about 1 week since case was dismissed, but I guess YMMV. Some folks here reported that it took a while for judge to sign case dismissal order and for USCIS to send oath letter. In my case everything went smoothly. Judge signed on the next day after motion to dismiss was filed. and one week later oath letter was in my mailbox.

cajack said:
Zzyxy:

How long does it take for you to receive your oath letter after signing document to drop your case against USCIS? It looks like that it take quite a few days between the time that you drop your case and the date that you received your oath letter. Thanks,

jack
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In my optinion, FOIPA neither helps nor hurts.
Name check process seems to be way more extensive. Think of FOIPA as - "Do we have a file on that person?" and of the name check as "is this person (or someone who could be this person) mentioned in any of the files we have?"

So, even if they don't have a file for you (FOIPA comes back with "no records"), you may be mentioned in some other files, so USCIS will get some data from the FBI. If they do have a file, it still does not prove anything as it does not mean that there is anything in that file that is bad enough to ber you from citizenship.

I myself did send FOIPA request, mostly for curiosity sake, but went ahead and filed without including any FOIPA info in the petition.

shadeshi said:
Congraulations!
I have few question though. Is it good idea to file FIOPA with FBI to make sure "no records" before filing 1447(b)? Does really help or does not matter? Should I directly file 1447(b) instead? I read in some place that in case FBI has some records and CIS cannot get namecheck done, CIS will try to find any execuse to deny citizenship. I think, in case of Basher82, CIS denied his case initally. Gurus, please shed some light on this.
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gcmera2 said:
Hi everybody:

Can any one who has filed the WRIT of mandamus can kindly post the TEMPLATE of the WRIT PETITION here or can send me via personal message(PM). I am planning on filing for my pending I-485 case. My name check/FBI is done but they are keeping for internal check in Vermont. Do not know what they do in this.

I really need help from some one who filed this writ petition for I-485 purpose. Thanks a lot in advance.
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take a look at these files, again go back to the first post on this forum and you will see a sample of and WOM for I-485 case.
 
Good Advice - thank you

zzyxy said:
In my optinion, FOIPA neither helps nor hurts.
Name check process seems to be way more extensive. Think of FOIPA as - "Do we have a file on that person?" and of the name check as "is this person (or someone who could be this person) mentioned in any of the files we have?"

So, even if they don't have a file for you (FOIPA comes back with "no records"), you may be mentioned in some other files, so USCIS will get some data from the FBI. If they do have a file, it still does not prove anything as it does not mean that there is anything in that file that is bad enough to ber you from citizenship.

I myself did send FOIPA request, mostly for curiosity sake, but went ahead and filed without including any FOIPA info in the petition.
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Thanks a lot for your advice. I'm thinking to go ahead 1447(b). Like you, I may request FOIPA just for curiosity. How long it takes to take FIOPA response back? Definitely, I will not wait for FOIPA for 1447(b) petition.
 
Hi:

It took about 3 weeks for me to get the FOPIA result back from FBI.

Jack

shadeshi said:
Thanks a lot for your advice. I'm thinking to go ahead 1447(b). Like you, I may request FOIPA just for curiosity. How long it takes to take FIOPA response back? Definitely, I will not wait for FOIPA for 1447(b) petition.
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Can I sue USCIS based on the facts below... Please advice

USCIS had descheduled my naturalization interview three times in the span of the last year. I originally filed my N-400 application back in November 2004. My 1st interview was set to July, 2005 (was descheduled 3 weeks prior to date) 2nd interview scheduled for March 2006 (after I went to INS Newark office and requested clarifications subsequently that interview was descheduled within 4 weeks of date). Third interview was scheduled after I contacted my congressman office and was suppose to take place May 2006 just as the prior two before was descheduled as well.
What would be the best course of action to proceed? Suing USCIS and if so under what federal law?
Thanks

Marc
 
Friends can you post me th eprocess for requesting FOIPA

Friends ,

Can you provide me the process for the FOIPA.

Address to send:
Any Form attachment if possible:
Cover Letter if possible:
How much to pay / payable to :

I really appreciate your help.
 
Go to the following link and follow the instructions. There is mailing address and I think it's free. I did "FBI FOIPA" Google search and found this. I guess sometimes it might be easier to do some simple search (e.g. google) for simple questions by yourself instead of waiting for answers from others.

http://foia.fbi.gov/privacy_instruc.pdf

Good luck,
bobby


maryvams said:
Friends ,

Can you provide me the process for the FOIPA.

Address to send:
Any Form attachment if possible:
Cover Letter if possible:
How much to pay / payable to :

I really appreciate your help.
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hi

Bobbyren or others:

So now that you got the second finger print note do you have to undergo the FBI/NAME check all over again or what?

Do u think they send you the second finger print note because you filed WOM. Also let me know your actual finger print appointment date. Because I remember when I did it first time they send me a letter with the appointment date two months in advance. Is it the case even now. Thanks.
 
gcmera2 said:
Bobbyren or others:

So now that you got the second finger print note do you have to undergo the FBI/NAME check all over again or what?

Do u think they send you the second finger print note because you filed WOM. Also let me know your actual finger print appointment date. Because I remember when I did it first time they send me a letter with the appointment date two months in advance. Is it the case even now. Thanks.
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Because my 1st FP expired in April 2006, so they sent me the second one and the date for FP was set within a week after it was issued. I am pretty sure it is due to my filed WOM because both local CIS and AUSA were served a day before the FP notice was issued. I don't think the 2nd FP will bring another FBI namecheck. As I mentioned in previous posting, another encouraging thing is a local CIS representive called me early last week about my FP and seems that for some reasons they are eager to get my FP results. Hope that I can hear good news soon.

bobby
 
2nd interview coming up this week

lovingusa said:
The one with a problem similar to Bashar is SAM1973, his last posting is here:

http://www.immigrationportal.com/showthread.php?p=1469611#post1469611
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I also have a 2nd interview coming up soon. I heard mixed reviews about it.
Some people are saying that it is a positive sign, which means that they just want to know if anything happened during my last 2 years since the interview.

I'm also afraid that the purpose of my second interview is to deny my application due to the lawsuit, just like bashar and sam1973.

do you guys have any advice for my second interview before going there?

regards
 
Does everybody here who filed WOM based on pending AOS get the FP notice in 3 to 4 weeks?
In my case the US Attorney had been served on 07/03 - and I still haven't got the FP notice :( Is it a bad sign? :confused:

________

60 days end on 09/03/06
I-485 pending since April 2003
 
What is the result came out of your first interview? Is background check pending only? Wish you good luck on your 2nd interview. Everything will be fine, if you never have any problem with the law enforcement.

jack
gzmbk1 said:
I also have a 2nd interview coming up soon. I heard mixed reviews about it.
Some people are saying that it is a positive sign, which means that they just want to know if anything happened during my last 2 years since the interview.

I'm also afraid that the purpose of my second interview is to deny my application due to the lawsuit, just like bashar and sam1973.

do you guys have any advice for my second interview before going there?

regards
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How to serve the defendants by USPS certified mail?

Hello there,

First of all, thank those guys who provides such valuable information on this thread. I've already filed a complaint at my district court, but the clerk is not helping much on the procedure, so I have to go to this thread for help.

The clerk gives me 5 summon forms and asked me to fill out and serve the defendants. I have 4 defendants and I suppose there is one for the local U.S. attorney? Here comes the question:

1. After I fill in the form, should I bring it back to the court and ask the clerk to write the case # and sign the summon form?
2. After that, should I make copies of the summon form or should I just send the original summon form? If so, how should I prove to court or file to court that I did serve the summons to the right people?
3. How should I fill in the return of service form? What is that for?
4. If I serve by USPS certified mail, what should I bring back to the court room and file to the clerk?
5. I haven't been assigned a local U.S. attorney yet, so whom should I serve to regarding the U.S. attorney summon? Or is it the responsibility of the court t assign a local US attorney to my case?

Thanks a lot!
Iceriver
 
moody22 said:
Today I received a letter from MR.Glen Scott, assistant section chief-national name check program/ records management division.

The letter is a response for the letter I sent to Mrs. Bush last May, concerning the delay in my N-400 DUE TO NAME CHECK delay.

It says: a review of the FBI’s name check program database revealed that your request was received from the USCIS on 7/ 26/ 04”ONLY 20 DAYS AFTER I APPLIED”, and it was processed and finalized 7/27/04”next day they received the request from CIS”, The results were forwarded to the UDCIS headquarters, W.DC.

Eventually these pastards at the CIS are laying to me for more than two years now.

They cancelled 2 interviews for me, have me waiting and suffer from extreme hardship, since each time I went to them, they simply said: your security background check is pending, and we can’t proceed in your application.

What your guys opinion regarding theses Sob’s, and what should my next step looks like.

Regards, Moody
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Alright guys, I really need everybody helps now:

I went today to the Citizenship office, and I filled an information inquiry about my case.
The following conversation took place between me and the INFO. Officer:
Me: I came to check if there are new updates regarding my 2 years pending N-400 application.
She opened her computer, typed my A#, and answered back, No, it’s still pending background security check.
Me: Well, I have new updates, I wrote to Mrs. Bush couple months ago, and asked for her personal help in expediting my name check through the FBI. And her office responded back to me with promising to help.
She: Ok!!!!
Me: last Friday I received a letter” and show it to her” from the FBI, saying that my name check was requested on 7/26/04, and was processed and finalized and forwarded back to the USCIS Headquarter in D.C on 7/27/04. I also have 2 FOIPA from the FBI, with NO Record each.
“I noticed that she have several copies from the USCIS website Fact sheet, as a ready service for the applicants if they asked about the delay”, so I pulled on of them and told her: if these are the checks required as this note said, so:
1.FBI Name check was finalized on 7/27/04
2.FBI Finger print was done on 8/19/04 and the result was sent to the CIS at the same day.
3.IBIS check was performed, because my I-751 application was approved last September, and this check is required for this application approval.
She looked to her computer again, and played with it for 3 minutes, and then she said, I will talk to the supervisor.
After 10 minutes, she came back and said: we do other checks beside the FBI checks, and your application is pending because we do some investigation on you, and some other checks.
Me: can you please explain more to me. May be I have some documents or information that I can help you guys in your checks.
She: no, we don’t share any info. With the applicants.
And she printed a response for me saying, application is pending final decision. And underneath: pending security background clearance.

What do you guys think about this Crap. :mad:
 
Last edited by a moderator:
File a lawsuit?
If this is N-400 and you passed the interview, you should do it. Talk to a lawyer if you feel uncomfortable doing it yourself, see what he says. Names of attorneys can be obtained from PACER. It has been a long wait for you - 2 years.

moody22 said:
Alright guys, I really need everybody helps now:

I went today to the Citizenship office, and I filled an information inquiry about my case.
The following conversation took place between me and the INFO. Officer:
Me: I came to check if there are new updates regarding my 2 years N-400 application.
She opened her computer, typed my A#, and answered back, No, it’s still pending background security check.
Me: Well, I have new updates, I wrote to Mrs. Bush couple months ago, and asked for her personal help in expediting my name check through the FBI. And her office responded back to me with promising to help.
She: Ok!!!!
Me: last Friday I received a letter” and show it to her” from the FBI, saying that my name check was requested on 7/26/04, and was processed and finalized and forwarded back to the USCIS Headquarter in D.C on 7/27/04. I also have 2 FOIPA from the FBI, with NO Record each.
“I noticed that she have several copies from the USCIS website Fact sheet, as already service for the applicants if they asked about the delay”, so I pulled on of them and told her: if these are the checks required as this note said, so:
1.FBI Name check was finalized on 7/27/04
2.FBI Finger print was done on 8/19/04 and the result was sent to the CIS at the same day.
3.IBIS check was performed, because my I-751 application was approved last September, and this check is required for this application approval.
She looked to her computer again, and played with it for 3 minutes, and then she said, I will talk to the supervisor.
After 10 minutes, she came back and said: we do other checks beside the FBI checks, and your application is pending because we do some investigation on you, and some other checks.
Me: can you please explain more to me. May be I have some documents or information that I can help you guys in your checks.
She: no, we don’t share any info. With the applicants.
And she printed a response for me saying, application is pending final decision. And underneath: pending security background clearance.

What do you guys think about this Crap. :mad:
Click to expand...
 
dks35 said:
File a lawsuit?
If this is N-400 and you passed the interview, you should do it. Talk to a lawyer if you feel uncomfortable doing it yourself, see what he says. Names of attorneys can be obtained from PACER. It has been a long wait for you - 2 years.
Click to expand...

Thanks, dks35

No, they cancelled both of my interviews, i also forget to mention that i handed her a copy of all the letters i get fromThe whit house, FBI, FOIPA,all the previous inquires which says my background secuirty check is still pending.
 
Moody22:

Yeah, it is unfortunate that 120 days rule does not apply to your case. But you still can try to pursuit a WOM case since your case has been pending for more than 2 years. Just read through this thread, I remember I came across a few people they filed a WOM case and won. Just like dks35 mentioned that if you don't feel comfortable to file it by yourself, you should speak to an attorney.

good luck

jack

moody22 said:
Thanks, dks35

No, they cancelled both of my interviews, i also forget to mention that i handed her a copy of all the letters i get fromThe whit house, FBI, FOIPA,all the previous inquires which says my background secuirty check is still pending.
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