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

[Mette]

In my district (TN) judge has to review the case before deciding to proceed or not with it. In my case it was about a week before I received in mail judge's decision to geve a green light to file and send summons, and the judge reviewed the case a day or two after I filed. Not every district has this rule, and many people here were able to file summons the first day. It looks like the district this guy filed in has the same rule, and judge ruled out negative. Can it be a new way to slow down stream of WOMs?

When I was trying to persuade my attorney to file WOM a year ago, she just said that the judge will likely consider it frivolous since my AOS was pending for only (!!!) 2 years then. Finally, this June she said that 3 years is a definitely good time for them to finish all the checks, and we filed WOM. Still not sure if to wait that long was the right decision though.

 

[Mr LA]

Congratulations

38 days after filing WoM, finally.

I filed in NYC.

Congratulations

 

[Mr LA]

Hi Mr. LA!

Well, that is up to you. The question should be, how often would you grant them an extension? I, for one, will not offer them anything. Should I have to file, they have already had 7 months (at least!) to complete my name check, if they submitted it around the time I was fingerprinted. I think that is plenty of time to complete something as brainless as a name check.

If they want to have it go to court should I have to deny an extension, so be it.

Cheers!

Legal

I thank you for your time....

 

[AL11]

In my district (TN) judge has to review the case before deciding to proceed or not with it. In my case it was about a week before I received in mail judge's decision to geve a green light to file and send summons, and the judge reviewed the case a day or two after I filed. Not every district has this rule, and many people here were able to file summons the first day. It looks like the district this guy filed in has the same rule, and judge ruled out negative. Can it be a new way to slow down stream of WOMs?

This is actually good. it means that the goverment does not know about this ruling (unless they come across it with research). There are many other examples that contradicted "Danilov", but for some reason this judge did not come across anyotheres. I am not sure if the plaintiff can file an applea and further defend his position

 

[gzmbk1]

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

cajacks thanks..

Same old story as everyone else here, cannot approve because of background check pending. Aside from that, officer states that everything was ok.

no problems with the law, as far as I know. 2nd set of fingerprints were cleared based on what AUSA reported.

 

[Haddy]

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.

Moody, I am sorry that this BS happened to you... but I did not want to stop you from going because unless you had made an effort you would not be satisfied... i did the same thing in my case... but any ways... please use this in you law suit too... just file your lawsuit... these sob's are not going to move unless you file you lawsuit... secondly you have a stronger case with 3 main checks completed... just will have to spend time in preparing your lawsuit and filing fee... Good Luck... you should get your case cleared before 60 days are over...

 

[Haddy]

Congratulations!!!

I Congratulate everyone who has won their cases in last few days... the important lesson here is that if we ask all these people a question they would say that it helped to file lawsuit... it was a difficult step and lots of fear that uscis can take adverse action...

so guys and girls what do you think?

Were you better without filing lawsuits or are you better now after filing lawsuits?

So my friends... please do your research and prepare your lawsuit and file it...

Good Luck!!!

 

[moody22]

Moody, I am sorry that this BS happened to you... but I did not want to stop you from going because unless you had made an effort you would not be satisfied... i did the same thing in my case... but any ways... please use this in you law suit too... just file your lawsuit... these sob's are not going to move unless you file you lawsuit... secondly you have a stronger case with 3 main checks completed... just will have to spend time in preparing your lawsuit and filing fee... Good Luck... you should get your case cleared before 60 days are over...

Thanks Haddy,

I have an appointment with my Lawyer 8/9, and we will talk about the WOM. So far he asked for $7,000 plus the court fees.
I think this is too much, since i already have all the proofs for exhusion of all other administrative alternatives.

I just don't know why these pastards act this way. while they're processing the N-400's that was just filed last march as its appears on thier stupid website, they ignore my application which was filed at June-04, even though all the essential background checks were completed.

I really do know why they do that.

 

[lovingusa]

Thanks Haddy,

I have an appointment with my Lawyer 8/9, and we will talk about the WOM. So far he asked for $7,000 plus the court fees.
I think this is too much, since i already have all the proofs for exhusion of all other administrative alternatives.

I just don't know why these pastards act this way. while they're processing the N-400's that was just filed last march as its appears on thier stupid website, they ignore my application which was filed at June-04, even though all the essential background checks were completed.

I really do know why they do that.

Moody,

Did you think about hiring an attorney on consulting basis?

you'll probably need him for 1 or 2 sessions, asking all the tough questions you have in mind about how to proceed with the WOM,

This forum already helps you in filling the cover sheet + the case + exhibits, so if you are worried, just have him for few sessions to polish your case and make it shine, and make sure it doesn't have any (execuse my language) stupid mistake that a non-professional like me or you might make ..

I hope this helps, but again, if you are not sure have an attorney take the whole thing into his own hands ..

Best of luck moody, and keep us posted ..

LovingAmerica

 

[DWQY]

Filing Motion

Hi,
I filed Mandamus case against USCIS on the delay of Green Card. Now 60 days have passed while the USCIS (defendents) never responsed to my suite. I checked with the US court, and they told me to file a motion to request the Judge to rule on the case. Anyone can help and let me where to find the procedure (and example) of how to file a motion?
thank you very much
Daniel

 

[shadeshi]

Please talk to Attorney Gregory Romanovsky

Thanks Haddy,

I have an appointment with my Lawyer 8/9, and we will talk about the WOM. So far he asked for $7,000 plus the court fees.
I think this is too much, since i already have all the proofs for exhusion of all other administrative alternatives.

I just don't know why these pastards act this way. while they're processing the N-400's that was just filed last march as its appears on thier stupid website, they ignore my application which was filed at June-04, even though all the essential background checks were completed.

I really do know why they do that.

I read about Attorney Gregory Romanovsky in Boston Globe. He also handles out of state cases. His ph# is 617 739-6977

 

[shadeshi]

Please contact Attorney Gregory Romanovsky

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

I read about Attorney Gregory Romanovsky in Boston Globe. He also handles out of state cases. His ph# is 617 739-6977

 

[olegb]

a law suite question.

Hi everyone,

I have a couple of questions to all the experts here. My 120 days after the citizenship interview are up in a couple of days. I am planning to file a law suite. I've spoken with an attorney and he said that "no court will give a favorable judgment until at least one year has passed since the interview". Is this true? Is there another opinion and experience?
Also, what is the difference between filling section 1447(b) and a writ? And which one works better? Thanks in advance.

 

[GrassRoot]

38 days after filing WoM, finally.

I filed in NYC.

Ernorman,

Congratulations ! Your deligence and resolve are admired ! I was convinced even 1.5 months ago you would swiftly win your fight.

Please continue to contribute to this forum..

 

[Mette]

I read about Attorney Gregory Romanovsky in Boston Globe. He also handles out of state cases. His ph# is 617 739-6977

When I searched PACER's Massachusetts District court WOM records Romanovsky was named as an attorney in 90% of them all.

 

[PendingN400]

Security Checks Issue

I think this is a bit repetitive, but neverthless a well written argument. You might wish to quote the most recent (similarly scathing) argument presented by the Omsbudman has presented to congress. This was attached by some one within this thread (around page 280 or so).

Ok. Now it looks that what I did is in vain: I typed up 25 plus pages of motion in opposition to Government's motion to dismiss, in anticipation of this move by the government. Most of them are copy and paste. Here are my argument of delay of "security checks":
....

 

[verywang]

stuck... not by FBI but CIS

I was told about a month ago by the US attorney that my name check was cleared by FBI, and it was in the hand of CIS. my case was due last week on 07/22/06, but there is still no news. I know the US attorney is on vacation, and the CIS guy is on vacation as well. What can I do at this point? I am really anxious. (my father is dying, I need this passport to visit him before he dies) please help!

 

[fightback]

talk to US Rep

I am trying talking to US Rep Allen Boyd in person and discuss with the FBI NC backlog. His scheduler told me Congressman is very busy and he will notify me once he find a time. I am going to talk to him and give him suggestions regarding the NC issue. I saw an article that said a congressman from NY suggest increase resource for FBI NC but the resource would come from decrease of the agency's salary. So I will suggest that we applicants willing to pay extra FBI NC fee for the FBI to speed thing up.

Please give me your thoughts regarding this NC, so I can have something to talk with Congressman Boyd. Please point me that bill did not pass in congress from NY congressman if anyone remember it. Thank you very much for your input!

 

[boston_case]

Boston Attorney Romanovsky

When I searched PACER's Massachusetts District court WOM records Romanovsky was named as an attorney in 90% of them all.

I spoke with this attorney. He seems to be pretty knowledgeable and knows about the procedure. His fees is $2000 plus #350 filing fee. Hope this helps...

 

[ernorman]

I think this is a bit repetitive, but neverthless a well written argument. You might wish to quote the most recent (similarly scathing) argument presented by the Omsbudman has presented to congress. This was attached by some one within this thread (around page 280 or so).

Thanks. I do not need it as I was approved yesterday.

One issue I noted via conversation with attorneys is that how effective is WoM is dependant on several factors:

Your luck: The judge it is assigned to. AUSA feels he/she can really win the case in the end.

AUSA: AUSA establishes communication with service center or district office right after you file WoM. Some of them simply tell CIS that "we are going to lose and you'd better hurry up." This happens in my case, during my conversation with AUSA, he told me that he informed CIS of the lawsuit and it would be their best interest to get resolved ASAP. Other AUSA simply are willing to fight to the end.

Complexity of your case: Any incident, including arrest and conviction, will prolong the process.

You: Be polite but firm. I was very polite with AUSA but I also made it very clear that I will pursue this no matter where it leads. I asked him that "are you still the AUSA representing the Government when it goes to 2nd Circuit?" I feel he was a bit surprised that I was prepared to go all the way up to Court of Appeals if I don't get what I need.

Good luck.