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

TheRock20148 said:
Well, i did filed 1447(b) on July 11th. My question is its better to contact US district attorney to fin out whats going on rather then wait because i don't want or see any reason to wait and find out they r asking for extention.
I am planning to call District attorney on Monday to introduce myself and see what the hell is going on or what progress have made so far.
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Hi Rock,

It's good idea to call him and also try to establish a good rapport with him.

Most likely he well said he haven’t received your file yet, and he will keep you update.

I'm going to my attorney on Wednesday to start a WOM, I've been waiting since 7/2/04.

Regards,

Moody
 
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Crusher said:
The CIS can post whatever so-called 'factsheet' on its Website. However, the main point here that leaves us with a WOM option is that these so called facts are not supported (warranted) by law. The INA clearly mentions the fingerprint checks, but there is NO mention of 'name checks' or a bunch of third parties or agencies doing the background checks for CIS. CIS is the responsible party and it does not matter who else they hire to do a not-legislated job for them.

I guess my point is that CIS is the party that we can bring an action against. If they assign a part of their adjudication process to other agencies (such as FBI), that does not justify a claim that those agencies owe a duty to an immigration applicant. I am just trying to make sure that I do not provide any reason for a sympathetic (to CIS) judge to dismess the case prematurely.
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Wrong. Federal rules are equivalent to laws, unless there is a direct opposite position in the law. Any rules in USCIS Operational Instructions, Federal Registrar, USCIS policy, guidance, manual, USCIS administrative interpretations are authoritative enough, unless you can find some words in INA to rebut, which I don't think you can, otherwise all those lawyers have been so stupid.
 
Balto

thanks for all the help you provided and the support. I can certainly say that without your help I wouldn't have had the citizenship.
I was certainly apprehensive about my 2nd interview. USCIS can definetely make you feel that way.

All the best
 
gzmbk1,

Congrats for becoming US Citizen.

Like I said before your 2nd interview was more or less formality to check the 2 years gap and give you citizenship :)
 
gzmbk1 said:
Balto

thanks for all the help you provided and the support. I can certainly say that without your help I wouldn't have had the citizenship.
I was certainly apprehensive about my 2nd interview. USCIS can definetely make you feel that way.

All the best
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GZMBK1,

Congrats man,

You made it..

Could you or any one post a copy of the summons here Just make sure you remove your name before you do,

Thanks a lot

ILOVEAMERICA/LOVINGUSA
 
gzmbk1 said:
Balto

thanks for all the help you provided and the support. I can certainly say that without your help I wouldn't have had the citizenship.
I was certainly apprehensive about my 2nd interview. USCIS can definetely make you feel that way.

All the best
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GZMBK1,

Could you please give us details about the 2nd interview?

Did they ask you again in US History?

Thanks

ILOVEAMERICA/LOVINGUSA
 
lovingusa said:
GZMBK1,

Could you please give us details about the 2nd interview?

Did they ask you again in US History?

Thanks

ILOVEAMERICA/LOVINGUSA
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lovinusa

thanks

Let me recap to what they had asked.
1. Went over the application and confirmed my personal info plus address.
2. Went over line by line of the application as to the Yes or No part of the application.
3. They've asked me if I had resgistered to vote, which I thought it was weird. I told him that I was under the impression that only citizens could vote, so I said No. He said correct.
4. Asked me If I told anyone if I was US citizen, and obviously no.
5. Have I gotten into any trouble with the law in the past 2 years since my first interview.
6. Have I been outside of the country for more than 6 months since my 1st interview, and locations to where I went.

At one point he kept looking at his computer screen and my application for about 4 minutes. He made me a little apprehensive, but afterwards he approved my application and said that I could attend the 11:00 o'clock oath.

I didn't asked him any questions, just answered whatever he asked. Pretty much kept my mouth shut and answered what he asked. Obviously I wanted to get some sorta satifisfaction as to why my application took so long, but what's the point. I couldn't take any risks with my citizenship.

He didn't go over any questions regarding US history.
 
Humbledbychk said:
gzmbk1,

Congrats for becoming US Citizen.

Like I said before your 2nd interview was more or less formality to check the 2 years gap and give you citizenship :)
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humbledbychk

you were absolutely right. thanks for the support.
 
Thank you for your kind words, gzmbk1!

gzmbk1 said:
Balto

thanks for all the help you provided and the support.
You are welcome! Glad to help as I have received so much help from here.

I can certainly say that without your help I wouldn't have had the citizenship.
Now that's an overstatement :D You worked hard and you deserve it!

I was certainly apprehensive about my 2nd interview. USCIS can definetely make you feel that way. -- I know, and we all know that. Yet this great country provides us ways to fight injustice, even when that injustice comes from the government, proud to be a USC!!

All the best
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Balto
 
ernorman said:
If you inquire through USCIS actively, you should be fine. Make sure you have all the BS paperwork they sent you as exhibits.
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Guys,
I filed my I140,I485 & other petitions from VA but I live in Minnesota at present which comes under Nebraska USCIS region. Which district court should I file my WOM ?? what if the Minnesota district court rejects my WOM stating that it doesn't fall into their jurisdiction ??? :confused: Please help me guys..Thanks a lot in advance...
 
I believe that you should file in the district court where you reside now.

gctarget06 said:
Guys,
I filed my I140,I485 & other petitions from VA but I live in Minnesota at present which comes under Nebraska USCIS region. Which district court should I file my WOM ?? what if the Minnesota district court rejects my WOM stating that it doesn't fall into their jurisdiction ??? :confused: Please help me guys..Thanks a lot in advance...
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Wom I485

Hi Gurus,
This is my first post, and it is really nice of all to share experience and help each other out.

With the information I got from this site, I filed my WOM for my I485 after 40 months in waiting for the name check. I have two questions I hope you can help me here:
1. Do I need to put the attorney general Alberto Gonzalez as one of the Defendants? Or I Just need to serve him with a copy?
I have seen both examples in this forum.
2. I am in the process of applying to renew my Employment Authorization Document (EAD), and applying for Advance Parole. Would my suit affect negatively the results of these applications?

Thank you for your kind help,
 
rick2006 said:
Hi Gurus,
This is my first post, and it is really nice of all to share experience and help each other out.

With the information I got from this site, I filed my WOM for my I485 after 40 months in waiting for the name check. I have two questions I hope you can help me here:
1. Do I need to put the attorney general Alberto Gonzalez as one of the Defendants? Or I Just need to serve him with a copy?
I have seen both examples in this forum.
2. I am in the process of applying to renew my Employment Authorization Document (EAD), and applying for Advance Parole. Would my suit affect negatively the results of these applications?

Thank you for your kind help,
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1. I did name him as a Defendant

2. I filed WOM in June, served the US Attorney on 7/3, filed for EAD on 7/1, got EAD approved on 7/31
 
1. Attorney General is not your defendant but you do have to serve him one copy of your complain

2. No probelm with your EAD and AP


rick2006 said:
Hi Gurus,
This is my first post, and it is really nice of all to share experience and help each other out.

With the information I got from this site, I filed my WOM for my I485 after 40 months in waiting for the name check. I have two questions I hope you can help me here:
1. Do I need to put the attorney general Alberto Gonzalez as one of the Defendants? Or I Just need to serve him with a copy?
I have seen both examples in this forum.
2. I am in the process of applying to renew my Employment Authorization Document (EAD), and applying for Advance Parole. Would my suit affect negatively the results of these applications?

Thank you for your kind help,
Click to expand...
 
Is "CV-030 Notice of Interested Parties" necessary?

I am preparing my 1447b filing. I have several questions:

1) Should I include "CV-030 Notice of Interested Parties" in my filling? What does it do?

2) In the CV-01A (SUMMONS) form, it says, "... an answer to the complaint which is herewith served upon you within __ days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgement by default will be taken against you for the relief demanded in the complaint..." How many days should I put down on the __ (blank)?

3) I filed my complaint to US District courts at Central District of California. It requires both original and copy are blue-backed and hole punched. Do I have to follow such requirement? What does "blue-backed" mean?

4) I am mailing the clerk the Cover Sheet, the Complaint with Exhibits, Summons and Notice of Interested Parties (if necessary). Am I missing anything?

5) If I fill out any form above wrong or missing any fields, does it means my $350 filing fee is gone and need to file it and pay the court again?

I tried to call the clerk today but the automated phone system didn't allow me to talk to the clerk.

Please advice. Thanks in advance :)
 
gzmbk1 said:
lovinusa

6. Have I been outside of the country for more than 6 months since my 1st interview, and locations to where I went.

At one point he kept looking at his computer screen and my application for about 4 minutes. He made me a little apprehensive, but afterwards he approved my application and said that I could attend the 11:00 o'clock oath.
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Can you please tell me what was the page on the N-400 application he was looking at when he was looking at his computer? My name check is pending and I have travelled after the interview but all less than six months.
 
my update

update on my case:

filed WOM for AOS on 6/5/06 and served on 6/6/06. AUSA received on 6/8/06. Today is the 62nd day. Pacer shows no filing by AUSA. I filed Motion for Default Judgment first thing this morning and hand delivered a stamped copy to US Attorney's Office. Let's see what happens next. At least I have an upper hand now.
 
ZUR said:
Can you please tell me what was the page on the N-400 application he was looking at when he was looking at his computer? My name check is pending and I have travelled after the interview but all less than six months.
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Zur

You should be fine.
He basically looked at the page where you state the dates and places you've been to. I went out of the country twice for less than 6 months, so he kept looking at the stamps on my passport and apparently there must be something that he was able to see in his computer as well.

So he updated the N-400 form.

I had the impression that were they closely analyzing to see if I was part of any terrorist org or something of that sort. He asked me if I was part of any terrorist org, the places where I went to, time period, if I was part of any weird organization, and things of that nature. Obviously not, but I believe that are instructed to closely scrutinize those things.
 
A question about my lawsuit!

lawsuit for Green card
Filed: 07/10
Served: 07/11

Got a package from the court afterwards, including a one-page Order and a five-page Status report.
In the Order, "It is ordered that a scheduling conference is hereby set before United States magistrate Judge XXX for November 2, 2006 at 10: 30 am."

Pacer shows answer due for all defendants is Aug. 7. Called the court today to check the status, the lady said no any update. She even doesn't know what the "answer due" means.

I called the US attorney today, but looks like the secretary didn't like saything anything about my case.

What can I do in this case, still waiting?
Thank you!
 
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