I am in the same situation as you are. The US attorney left a message said that my name check is still pending b/c my name is too common. Ya right, but it has been pending almost two years now. Do they need another two years to finish it? Damn FBI. I am so angry and frustrated and depressed for the bs name check. Sorry for my negative attitude.nobigdeal said:
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Portuch said: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?
Yes, you should
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)?
Leave it blank, the clerk will fill it in himself
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?
I don't know, but just prepare everything on good quality white paper. Whole puncher is available in the lobby are, as well as the stapler.
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?
Seems ok, but it's better if you go there in person.
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?
There is no filing fee for 1447b in Central District of California.
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
gctarget06
Registered Users (C)
Anyone here filed WOM from Minnesota district ? I couldn't find anything like "Pro se" on their website where all the forms are listed. Is it known as something else too ?? could someone please throw some light on it....??? here is the link of the court site in case you'd to refer...
http://www.mnd.uscourts.gov/
highly appreciate all the help in this regard...
http://www.mnd.uscourts.gov/
highly appreciate all the help in this regard...
StuckatFBI
New Member
Under supervisory review
I just got the information from the local office that my name check has been cleared, and my case is under supervisory review. I should hear something within 90 days, if not, I need to visit them again at that time.
Does anyone have the same experience? How long does this supervisor review actually take?
Thanks.
I just got the information from the local office that my name check has been cleared, and my case is under supervisory review. I should hear something within 90 days, if not, I need to visit them again at that time.
Does anyone have the same experience? How long does this supervisor review actually take?
Thanks.
samson_33 said:
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
xxxx,
Plaintiffs
V. CIVIL ACTICTION NO. CV06-XXXX
Michael Chertoff, as Secretary of the Department
of Homeland Security;
Emilio T. Gonzalez, Director of U.S. Citizenship and
Immigration Services;
Paul Novak, Director of Vermont Service Center,
U.S. Citizenship and Immigration Services;
Robert S. Muller, Director of Federal Bureau of
Investigation
Defendants
____________________________________________
PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT
FOR WRIT IN THE NATURE OF
MANDAMUS & DECLARATORY JUDGMENT
NOW comes the Plaintiff, XXXX, by and through Pro Se, moves the court to enter into a default judgment against the Defendants.
1. Plaintiff filed the original Complaint for Writ in the Nature of Mandamus & Declaratory Judgment in this Honorable Court on June 05, 2006. The Defendants, as well as the U.S. Attorney General and the U.S. Attorney for Eastern New York District, were properly served upon with a copy of the original complaint and the summons issued by this Honorable Court, on June 06, 2006 through certified mail pursuant to the Federal Civil Procedure. Particularly, the U.S. Attorney for Eastern New York District received the complaint and the summons on June 08, 2006. The Affidavit of Service with all the proof of deliveries was filed with the Honorable Court on July 05, 2006.
2. The summons issued by this Honorable Court clearly orders the Defendants to answer the Plaintiff’s complaint within 60 days, otherwise the default judgment against the Defendants will be ordered. The deadline for the Defendants to answer is August 07, 2006. However, 60 days has passed since the Defendants’ Counsel, U.S. Attorney, received the complaint and the summons. And the Defendants have yet to answer the Plaintiff’s Complaint.
3. The fact just clearly shows, as noted in Plaintiff’s original complaint, that the Defendants have been always ignoring any communications from the Plaintiff about his I-485 application. Even with the summons issued by this Honorable Court, the Defendants still are not willing to change their habit and chose to simply ignore the summons.
4. WHEREFORE, the Plaintiff respectfully moves this Honorable Court to enter into a default judgment against the Defendants, that upon due consideration, the Court enter an order:
i. compelling Defendants to properly adjudicate Plaintiff’s application for action on an approved petition within a strict time limit;
ii. compelling Defendants to retroactively approve Plaintiff’s application to the date of August 31st, 2004, 180 days after the initial filing as required by the Congress in AC21 law.
iii. compelling Defendants to provide the Plaintiff with a Notice of Approval;
iv. awarding Plaintiff reasonable fees and cost of Court and loss of income pursuant to the Equal Access to Justice Act
v. granting such other relief at law and in equity as justice may require.
5. Alternatively, if this Honorable Court feels that a hearing of this matter is warranted, Plaintiff respectfully requests this Honorable Court to set this matter for trial as soon as possible. The factual records that will be uncovered in discovery will strongly support Plaintiff’s claims and prayers stated above.
Respectfully Submitted,
________________
XXXX
Date:
PRO SE
ernorman said:Nobigdeal,
How is your WoM progressing? I hope it has ended.
Ernorman, thanks for asking. Well, my case has not moved at all (I am pretty much having bad luck on each single step of the green card journey
). As I posted this morning, I filed motion for default judgment since no filing by AUSA within 60 days. I do not know what will happen next.Also please check your PM. Thanks.
Potential lawsuit?
Guys, you all are so knowledgable here, please advice:
I am looking for advice regarding the possibility of filing a lawsuit against USCIS, and how/where to find a lawyer who would help.
The story is such:
I was married to US citizen, became a vicitm of domestic violence (no need to say - it is hell), filed I-360 (VAWA)...which was pending for almost 3 years!!! because USCIS lost my A-file. During all this time I was not able to legally work (I-360 does not allow you to apply for work permit until it is approved), was not able to live the normal life - i suffered from clinical depression, was on medications all the time.
Finally it was approved, I filed I-485, had my interview on May 25, 2006. But...no decision was made because the interviewing officer decided to request the missing file once again! So am I going to wait another 3 years?5 years? I am a young intelligent woman,i have no criminal record, I always obeyed immigartion laws, i suffered through enough already to go through all this. I DID NOT lose the A-file - USCIS did but i am paying a high price for that.
So...I am looking for advice on what I can do, especially about filing a lawsuit. Any opinions are very appreciated.
Guys, you all are so knowledgable here, please advice:
I am looking for advice regarding the possibility of filing a lawsuit against USCIS, and how/where to find a lawyer who would help.
The story is such:
I was married to US citizen, became a vicitm of domestic violence (no need to say - it is hell), filed I-360 (VAWA)...which was pending for almost 3 years!!! because USCIS lost my A-file. During all this time I was not able to legally work (I-360 does not allow you to apply for work permit until it is approved), was not able to live the normal life - i suffered from clinical depression, was on medications all the time.
Finally it was approved, I filed I-485, had my interview on May 25, 2006. But...no decision was made because the interviewing officer decided to request the missing file once again! So am I going to wait another 3 years?5 years? I am a young intelligent woman,i have no criminal record, I always obeyed immigartion laws, i suffered through enough already to go through all this. I DID NOT lose the A-file - USCIS did but i am paying a high price for that.
So...I am looking for advice on what I can do, especially about filing a lawsuit. Any opinions are very appreciated.
485niw2005
Registered Users (C)
WOM update
There is a hint that my case is moving forward.
I got code 3 fingerprint notice yesterday. My first FP is in March 2005 and has expired. The schedule is on this coming Sat at application service center. I decided to stop by the service center today to see if I can do it by walk in. The service center is not busy at all so I finished the FP in ten minutes.
The odd thing is my wife didn't receive the fingerprint notice this time. Does anybody have the same experience?
There is a hint that my case is moving forward.
I got code 3 fingerprint notice yesterday. My first FP is in March 2005 and has expired. The schedule is on this coming Sat at application service center. I decided to stop by the service center today to see if I can do it by walk in. The service center is not busy at all so I finished the FP in ten minutes.
The odd thing is my wife didn't receive the fingerprint notice this time. Does anybody have the same experience?
Last edited by a moderator:
ernorman said:
http://en.wikibooks.org/wiki/FBI_name_check
This is a generic - type site. In particular, it has info for both 1447b and WOM applicants (and many links) within. Good luck.
*******************************************************
N-400 Interview:April 2005; 1447b:February 2006; Naturalized: May 2006
default judgement
Default judgement means that the judge should grant you what you asked for in your prayer (last part of your document) by default since the defendent did not defend itself. This is good in general except it may mean that you have to work to force the immigration to comply with the judgement.
Default judgement means that the judge should grant you what you asked for in your prayer (last part of your document) by default since the defendent did not defend itself. This is good in general except it may mean that you have to work to force the immigration to comply with the judgement.