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

opthb said:
ls691035,

Congratulations! How long has your name check beening pending? and where did you file your WoM? Is this employment- or marriage-base?

Thanks! My namecheck was pending since February of the last year - so, it is almost exactly 1.5 years before clearing. GC is employment-based NIW (self-petitioned, too! :D ).
 
Any Las Vegas Delayed Cases??

Is there anybody here from Las Vegas, or know of anyone in Las Vegas, how are the courts in Las Vegas treating the petions for immigration hearings? it looks to me here that Northern California is the best place to be under those circumstances, how is it in Vegas?
 
Anybody here from Las Vegas

Can anybody shares his/ her experience with the Las Vegas District Court? and CIS office? how good or bad are they?
 
Just Filed..1447

Another one bites the dust...

Have been reading post on this site for a year now.
I filed for N-400 based on 5 year eligibility, (timeline is below). Outcome [Hence: the reason] "pending name check" visited the local DO (NYC) 3 times but no to avail. My 120 days ended June 1st 2006.
Today i filed for a 1447(b) so lets see what comes of it...standard 60 days for the reply...
Will keep everyone posted...
Anyone with experience in SDNY for such filings..lets talk.

Timeline.....
09/01/05 Receipt Date N-400
09/26/05 FingerPrint
10/06/05 NOA "Interview Appointment Letter"
02/01/06 Interview: Passed the test: "Pending Background Check"
08/01/06: Filed 1447(b) Pro Se
08/01/06: Served Defendants (Certified Mail)
....the clock is ticking...
 
http://cbs3.com/topstories/topstori..._214082450.html

Aug 2, 2006 8:23 am US/Eastern

Immigrants Sue Over Citizenship Delays
(AP) LOS ANGELES Ten Middle Eastern and Asian immigrants sued the government Tuesday, alleging officials let their U.S. citizenship applications linger indefinitely by delaying background checks.

The lawsuit, filed in U.S. District Court in Los Angeles, asks that a federal judge review the files and administer the oath of citizenship.

It also seeks class-action status to include all immigrants who have been waiting at least six months for naturalization after filing applications at the U.S. Citizenship and Immigration Service in Los Angeles.

Since the Sept. 11, 2001, terrorist attacks, Muslims and immigrants from the Middle East and Asia have often complained of unexplained delays in the processing of immigration applications. The Southern California lawsuit follows a handful of others across the country.

"Whether the delays are based on discrimination or incompetence, they have to end," said Hussam Ayloush, executive director of the Southern California chapter of the Council on American-Islamic Relations, which filed the lawsuit with the American Civil Liberties Union of Southern California.

Sharon Rummery, spokeswoman for the Citizenship and Immigration Service, said only about 1 percent of citizenship applicants wait longer than six months.

"I have no idea why some take longer," said Rummery, who added her agency can't process an application until the FBI returns the background check.

Agent Richard Kolko said the FBI hadn't seen the legal action and couldn't comment.

Generally, legal permanent residents, or "green card" holders, can apply for citizenship if they have lived in the country a certain number of years, speak English fluently and pass a citizenship exam.

Federal law requires the government to approve or deny a citizenship application 120 days after an immigrant passes the exam.

It's taking a lot longer than that for Yousuf Bhaghani, 35, who immigrated from Pakistan 17 years ago. Bhaghani, one of the 10 immigrants in the lawsuit, said he passed the citizenship exam in 2002, and has been waiting for an answer ever since.

"In my heart, I'm already an American in every way," said Bhaghani. "Now I want to be able to fully participate as a citizen."
 
This time the 1% is 6 months after application; last time it was 120 days after interview; and next time...

Obviously, USCIS is the biggest liar in the country - each time they just use a fabricated number.

See even the USCIS spokeswoman does not know the reasons for the delays. This just proves that USCIS is just an organization full of completely useless garbage.
 
Of course, they lie all the time. They lie unscrupulously. And yes, they do discriminate against certain applicants based on their countries of origin. It is shameful and disgraceful.

Einmalig



pmg said:
This time the 1% is 6 months after application; last time it was 120 days after interview; and next time...

Obviously, USCIS is the biggest liar in the country - each time they just use a fabricated number.

See even the USCIS spokeswoman does not know the reasons for the delays. This just proves that USCIS is just an organization full of completely useless garbage.
 
I have filed WOM a week ago, but have not received summons yet. I saw some people served US attorney the same day when they filed the lawsuit. Am I missing something here?

Hope
 
not to worry

hope_Nov said:
I have filed WOM a week ago, but have not received summons yet. I saw some people served US attorney the same day when they filed the lawsuit. Am I missing something here?

Hope
hey there,
well it depends on your local rules. some people will provide summons for the clerk to stamp and serve the AUSA that might be in the same building or mail it in using USPS certified mail.
in my case i had to wait for the summons to come back from the clerk's office for about a week, only because i didn't supply them at the same time as my case. i have seen some people on this forum waiting 2 weeks, so just hang on, if you want you might call the clerk's office to inquire.
good luck
 
hope_Nov said:
I have filed WOM a week ago, but have not received summons yet. I saw some people served US attorney the same day when they filed the lawsuit. Am I missing something here?

Hope

Mr. Hope,
I have filed my case my self at the court and they gave it to me at the same time “in like 10 mins”, if you send them I don’t know how long they take. If I am in your shoes, I will call Clarks office and ask if they got it and when did they send it back to you. My advice to you is do everything your self and make copies for everything you send and everything you get back.

I wish you the best :)
 
Anyone filed WoM in east PA

I am preparing my WoM law suit. Any one filed his/her case in east district court of Pennsylvania?
 
Thanks Mr. LA,

I actually went to the court to drop off the lawsuit. I asked them if I can get the summons right away. They asked me to wait. I called yesterday and was told that it could take from 30 minutes to 30 days. What a BS! My district is very slow.

Hope
 
Guys,

I called customer service of the court again just now. The lady promised to mail the summons today. She said they were waiting for the payment. I said' serious? I paid the same day when I dropped off the document". She apologized for that. So I am lucky to get hold of a person who knows what she is doing. Thanks Mr. LA for your suggestion.

Hope
 
Attorney Gregory Romanovsky

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

anybody actually filed his 1447b through him?
 
answer from US Attorney - schok!

Today I've got an official answer from Attorney, since 60 days on my 1447(b) cas has expired yesterday. I'm shocked, he was so nice at phone and never experess that he was going to file a negative answer!

In the responce there is a list of all my complaint paragraphs with comments on most "deffendants admit plaintiff's allegations contained in Paragraph ...". However, they denied the part of the first paragraph:
The allegations that the defendants hava "failed" to adjudicate her application for naturalization are denied insofar as the adjudication is an ongoing process that cannot be completed until the required background checks are completed.

And finally,
FIRST AFFIRMATIVE DEFENSEThe court should dismiss the complaint under Fed. R. Civ. P. 12(b)(6) because plaintiff fails to state a claim upon relief may be granted.

Needless to say, I've used a template in my complaint following this thred. Moreover, soon after filing I've got ORDER TO SHOW CASE from magistrate judge which confirm the validity of my complaint (I've posted this order while ago).

What should I do? What can I do?

I'm leaving on vacation tomorrow without internet access and have to call attorney upon my return at August 18. The date for case management conference is the end of August.

Are there any similar cases with such a AFFIRMATIVE DEFENSE?

I'm in Northern California district which normally was reported as very good for such cases.

Thank you veru much.
 
Which US Att was assigned to your case?

Emta said:
Today I've got an official answer from Attorney, ...
Thank you veru much.

Where did you file. Oak, SF or San jose? Did you list FBI as your defendant as well?
 
a simple question about what to mail

Tomorrow I will drop off my documents with the court. I have a simple question: are the exhibits considered part of the complaint? In other words, I should mail the defendants and US attorney summon+complaint+exhibits? Gurus please comment.
 
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