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

[ApplyInDenver]

Congratulations.

I saw someone posted before saying even FBI completed the name check but the local office may not have the updated info b/c the result will be sent to the CIS center. So you do not need to worry about. If AUSA told you the name check is cleared then it should be cleared. Just wait little bit time for local office to get the result. Let see what info AUSA will give to you.
Best Luck!

My 485 got approved Aug 30 before the deadline 9/11. I am very happy that this finally done.
Thanks for the publicus and all the other people. Without you, I could never ever done this! For those people filed lawsuit, keep fight for what you deserved! Best wishes to all!

You deserver it.

 

[syt]

ApplyInDenver,

That was what I though. But, the clerk told me I also need to file certificate of service for serving summons and complaint. I prepared a certificate of service to file in court. Before, I file it, AUSA call me to dismiss my case. So, I don't bother to do that.

syt

I thought "Return of service" is the form you return to court after you server the Sumons.
After that, everytime you file a motion or reply a motion, you also file a "certificate of service" to show you have served the defendants the same motion.( you have to send a copy to the defendants's lawyer everything you send to the court).

Hope that correct.

 

[ApplyInDenver]

Dear all,
I have two questions to ask.
#1. There are several AUSA in the district office. The court clerk didn't assign one for me. How do I know which US Attorney I should serve?
You serve to the Civil division or Civil process clerk ( call for the exact name locally ), they will assign one afterwards
#2. If I didn't include the US General Attorney in the defendants list, do I need to send him a copy of the summons and the complaint?

Yes

 

[ApplyInDenver]

local rules

ApplyInDenver,

That was what I though. But, the clerk told me I also need to file certificate of service for serving summons and complaint. I prepared a certificate of service to file in court. Before, I file it, AUSA call me to dismiss my case. So, I don't bother to do that.

syt

I think that each local office just doing things a little differently.
I just filed today, and the clerk told me the "Return of Service" is for deliver by person. Since I am serving by mail, all I need is sending the Green receipt card back to the court

 

[syt]

#1 It is not assigned by the court. AUSA is assigned by US Attorney's Office in your district. You don't know who is your AUSA until your case is served to the US Attorney's Office. Just server summons and complaint to "Civil Process Clerk" in Civil Division.

#2 Yes, the local rule in Northern California District Court, both US Attorney General and US Attorney in you district need to be served.

Dear all,
I have two questions to ask.
#1. There are several AUSA in the district office. The court clerk didn't assign one for me. How do I know which US Attorney I should serve?
#2. If I didn't include the US General Attorney in the defendants list, do I need to send him a copy of the summons and the complaint?

 

[syt]

That is OK. Our goal is not the process of lawsuit. It is OK not perfect for Pro Se, as long as District Court accepted. Our purpose is to get application approved, right? If your court does not ask for it, why bother to file it

I think that each local office just doing things a little differently.
I just filed today, and the clerk told me the "Return of Service" is for deliver by person. Since I am serving by mail, all I need is sending the Green receipt card back to the court

 

[masa_inn]

DA proposed a deal; we are not happy with the conditions.

Hi, everybody.
My husband was interviewed for citizenship in February, 2003. He filed a case (1447b) in June, 2006; then agreed on 30 days extension. This extension is due in two weeks. Today DA proposed a deal (following is a quotation from her letter):

Mr. N:
Per my conversation with you, I have been authorized to offer you the following timetable for CIS to adjudicate your decision. This would all be contingent upon your agreement to dismiss the case with prejudice.
1. CIS would interview you within 60 days of the dismissal:
2. CIS would render a decision on your application within 30 days of the interview. If, however, additional information is requested at the interview, CIS would render a decision within 30 days from the date the additional information is provided.
While I certainly cannot guarantee you any particular result on the decision, this would at least get you a time frame towards a decision on your application. The terms of the schedule would be in the stipulated dismissal, so that the court would be aware of the schedule. Finally, the dismissal with prejudice would not affect your ability to challenge the decision if you are not happy with the results once you have challenged that decision through the administrative process.

And of quotation.

What should we do? I would sign (well, 60 days is not that bad, compare to 3 years) if it was not for 2nd point and, in particular, this part: “If, however, additional information is requested at the interview, CIS would render a decision within 30 days from the date the additional information is provided.”

Should we just say “no”? Or negotiate? Or take this risk and sign? Or may be propose case remand to INS for 30/60 days?

Any input from you would be really appreciated!

 

[ICU Doc]

Dear all,
I have two questions to ask.
#1. There are several AUSA in the district office. The court clerk didn't assign one for me. How do I know which US Attorney I should serve?
#2. If I didn't include the US General Attorney in the defendants list, do I need to send him a copy of the summons and the complaint?

My attorney told me that there is no real need to include the attorney general in the WoM cases since he won all the multiple cases he filed I tend to believe him. On the other hand i do not think you need to worry about who is your AUSA assigned to your case. I am pretty sure they have their own mechanism to divide the cases between them and they would not leave it in the hand of the court clerk. As far as you are concerned it is better for you if no AUSA assigned to your case then you can ask the judge for default motion.

Hi, everybody.
My husband was interviewed for citizenship in February, 2003. He filed a case (1447b) in June, 2006; then agreed on 30 days extension. This extension is due in two weeks. Today DA proposed a deal (following is a quotation from her letter):

Mr. N:
Per my conversation with you, I have been authorized to offer you the following timetable for CIS to adjudicate your decision. This would all be contingent upon your agreement to dismiss the case with prejudice.
1. CIS would interview you within 60 days of the dismissal:
2. CIS would render a decision on your application within 30 days of the interview. If, however, additional information is requested at the interview, CIS would render a decision within 30 days from the date the additional information is provided.
While I certainly cannot guarantee you any particular result on the decision, this would at least get you a time frame towards a decision on your application. The terms of the schedule would be in the stipulated dismissal, so that the court would be aware of the schedule. Finally, the dismissal with prejudice would not affect your ability to challenge the decision if you are not happy with the results once you have challenged that decision through the administrative process.

And of quotation.

What should we do? I would sign (well, 60 days is not that bad, compare to 3 years) if it was not for 2nd point and, in particular, this part: “If, however, additional information is requested at the interview, CIS would render a decision within 30 days from the date the additional information is provided.”

Should we just say “no”? Or negotiate? Or take this risk and sign? Or may be propose case remand to INS for 30/60 days?

Any input from you would be really appreciated!

Masa inn
It sound like no deal. What the heck is that attorney proposing?? How can you trust the USCIS after all the time you spent waiting??? Look at the clause he included about "needing more information" that is their exit strategy. After the time run out they will tell you that they need more info. School transcript, immunization records, soccer scores, and any crap they can pull. On the other hand how can you communicate with the immgration USCIS? answer me, if you want to ask the USCIS about the status of your case what would you do? Call the 1 800 number or go to the local office?? You know very well that neither of these routes work. You will be stuck in the dark waiting for the mercy of USCIS. If it was me my answer to the AUSA will not be "no" but it will be "HELL NO".

 

[Screaming_Eagle]

Hi, everybody.
My husband was interviewed for citizenship in February, 2003. He filed a case (1447b) in June, 2006; then agreed on 30 days extension. This extension is due in two weeks. Today DA proposed a deal (following is a quotation from her letter):

Mr. N:
Per my conversation with you, I have been authorized to offer you the following timetable for CIS to adjudicate your decision. This would all be contingent upon your agreement to dismiss the case with prejudice.
1. CIS would interview you within 60 days of the dismissal:
2. CIS would render a decision on your application within 30 days of the interview. If, however, additional information is requested at the interview, CIS would render a decision within 30 days from the date the additional information is provided.
While I certainly cannot guarantee you any particular result on the decision, this would at least get you a time frame towards a decision on your application. The terms of the schedule would be in the stipulated dismissal, so that the court would be aware of the schedule. Finally, the dismissal with prejudice would not affect your ability to challenge the decision if you are not happy with the results once you have challenged that decision through the administrative process.

And of quotation.

What should we do? I would sign (well, 60 days is not that bad, compare to 3 years) if it was not for 2nd point and, in particular, this part: “If, however, additional information is requested at the interview, CIS would render a decision within 30 days from the date the additional information is provided.”

Should we just say “no”? Or negotiate? Or take this risk and sign? Or may be propose case remand to INS for 30/60 days?

Any input from you would be really appreciated!

Hi masa_inn

While this all sounds good and promising, I would ask the DA to file his offer though the court through an extension of time based on his offered (or predicted) time table. After his extension is approved and blessed by the Judge, USCIS will legally have the right to conduct the interview and finish the application. This way you are protected and have nothing to loose in case of anything goes wrong. The DA will never lie or play a game but INS can. The choice is yours ofcourse.

Good luck

 

[la_xyz]

Hi, everybody.
My husband was interviewed for citizenship in February, 2003. He filed a case (1447b) in June, 2006; then agreed on 30 days extension. This extension is due in two weeks. Today DA proposed a deal (following is a quotation from her letter):

Mr. N:
Per my conversation with you, I have been authorized to offer you the following timetable for CIS to adjudicate your decision. This would all be contingent upon your agreement to dismiss the case with prejudice.
1. CIS would interview you within 60 days of the dismissal:
2. CIS would render a decision on your application within 30 days of the interview. If, however, additional information is requested at the interview, CIS would render a decision within 30 days from the date the additional information is provided.
While I certainly cannot guarantee you any particular result on the decision, this would at least get you a time frame towards a decision on your application. The terms of the schedule would be in the stipulated dismissal, so that the court would be aware of the schedule. Finally, the dismissal with prejudice would not affect your ability to challenge the decision if you are not happy with the results once you have challenged that decision through the administrative process.

And of quotation.

What should we do? I would sign (well, 60 days is not that bad, compare to 3 years) if it was not for 2nd point and, in particular, this part: “If, however, additional information is requested at the interview, CIS would render a decision within 30 days from the date the additional information is provided.”

Should we just say “no”? Or negotiate? Or take this risk and sign? Or may be propose case remand to INS for 30/60 days?

Any input from you would be really appreciated!

I had a somewhat similar situation. Based on my limited understanding of the system, it is, however, unadvisable to agree to this arrangement as if they deny your application, you first have to exhaust the administrative appeal process (form N-336) before you can file a new lawsuit in federal court. As Screaming_Eagle mentioned it is not a good deal. You can give them an extension while the perform the second interview and they can do it. If they don't agree you may want to suggest that they treat it as a deposition in the course of the original lawsuit.

Anybody who has taken a second interview yet? I am curious as to what it is like?

And thanks Screaming_Eagle for answering my earlier question.

 

[ApplyInDenver]

renegotiate

Hi, everybody.
My husband was interviewed for citizenship in February, 2003. He filed a case (1447b) in June, 2006; then agreed on 30 days extension. This extension is due in two weeks. Today DA proposed a deal (following is a quotation from her letter):

Mr. N:
Per my conversation with you, I have been authorized to offer you the following timetable for CIS to adjudicate your decision. This would all be contingent upon your agreement to dismiss the case with prejudice.
1. CIS would interview you within 60 days of the dismissal:
2. CIS would render a decision on your application within 30 days of the interview. If, however, additional information is requested at the interview, CIS would render a decision within 30 days from the date the additional information is provided.
While I certainly cannot guarantee you any particular result on the decision, this would at least get you a time frame towards a decision on your application. The terms of the schedule would be in the stipulated dismissal, so that the court would be aware of the schedule. Finally, the dismissal with prejudice would not affect your ability to challenge the decision if you are not happy with the results once you have challenged that decision through the administrative process.

And of quotation.

What should we do? I would sign (well, 60 days is not that bad, compare to 3 years) if it was not for 2nd point and, in particular, this part: “If, however, additional information is requested at the interview, CIS would render a decision within 30 days from the date the additional information is provided.”

Should we just say “no”? Or negotiate? Or take this risk and sign? Or may be propose case remand to INS for 30/60 days?

Any input from you would be really appreciated!

I agree with Eagle. If possible, remand the case back to USCIS with the above deadline. Also If possible get a partial summary judgement that limit what kind of additional information that they can require. No school transcript crap.
I believe at this point you should be able to renegotiate.

 

[Haddy]

Please, Do not Drop Your Case

I agree with Eagle. If possible, remand the case back to USCIS with the above deadline. Also If possible get a partial summary judgement that limit what kind of additional information that they can require. No school transcript crap.
I believe at this point you should be able to renegotiate.

Dear Masa_inn,

Please, do not drop your case because AUSA says so... your district court has jurisdiction to your husbands' case... meaning you are under the unbrella of the district court... what ever they need to do they should do thru court... if they are so promising to help you then they should work on your case and process your case... I think that AUSA in your husband's case is playing with your case trying to make an example... for every one else... I am not a lawyer but I beleive this that court is the place you can trust any justice... I am sure my friends in this forum will agree that even with 1447b there have been cases that the USCIS/FBI have conducted another interview and processed the naturalization case... the thing is that if their intentions are to do their job then they need to request time thru the court... now if they did not do crap in their 60 days notice plus 30 days extension then this is another trick to delay and do nothing... trust me there is nothing they don't have about your husband... they have full information... so please do not even agree about the dismissing the case... you can tell them to challenge and request this in court... because you have already given them enough time and any thing above this is unacceptable... then wait and see what they do... like I said I am not a lawyer... but experiences we have shared in this forum indicate that how much USCIS .... play with our lives by playing GOD and do nothing... Please, Good Luck in what ever decision you make... and in the end I would like to say that what ever decision you make We will be here supporting you... as friends never turn back to a friend in need...

GOOD LUCK...

 

[ZUR]

Any input from you would be really appreciated!

Masa_inn,

I think you can sign the papers. AUSA will not play any tricks with you and will try its best to finish the case within deadlines provided. There are several people in this forum who went through second interview after they filed their lawsuits. It is generally a formality for USCIS to check if any information have changed since the first interview was so long ago. I don't think they will ask for any additional request but they put that in the stipulation just to be on the safe side. Worst come to worst, if you feel they case is being dragged, you can always go back to court.

 

[Haddy]

Hearing

Alright friends,

This is my experience on the hearing day... You will be surprised...

AUSA:

- The FBI Expedite Request (Fax) did never go through and AUSA just found out yesterday...
- Expedited request is now sent again yesterday August 29, 2006
- All checks are necessary before making a decision
- FBI work load to much to handle
- REAL ID ACT support their decision to wait for name checks
- the USCIS should get the Jurisdiction to work and complete the process
- Acknowledge the mandamus case but with special conditions meaning Mandamus does not apply in this Plaintiff's case
- Discretionary decision
- FBI not included in complaint
- USCIS is also frustrated for the name check delays
- USCIS has duty thru FBI
- EADs are being approved
- 1000s of people applying for Green card
- Therefore, Mandamus should not be excercised

The Honorable judge after listening to my stand said that he is going to look into my case and see what he can do... he suggested me to get a lawyer (this is because I did not do good as far as my speaking skills are concerned)... so please dont start thinking that you need to have a lawyer for the hearing... all you have to do is to rephrase your complaint and if any brief to deny the defendants' motion to dismiss... it should be concise and clear you can take 10-20 minutes... I tried to keep it as lengthy as the AUSA's time...

the reason I am writing my experience here is because I want my friends to be prepared for hearing/conference if the time comes... I should have prepared (like we prepare speeches)...

the very important message I am trying to make here is that even if AUSA says that the process is going in your favor don't blindly agree to it... keep yourself open to the very little possibility that USCIS liek always can mess up again...

but please dont stop agreeing with your assigned AUSA because all AUSA's are not like the one I got in my case... after speaking with him on the phone and after listening to the beginning of his speech about my name check expedite never been properly faxed... i realized what kind of person he is... now i understand why he just wanted me to drop the case straight he did not want to request extension or try to get USCIS/FBI finish my application process... he told me in my conversations with him that there is no surety if the process be done even in 90 or 120 days... but any ways... my friends who are facing AUSA's like mine... dont be afraid of standing for yourself... if they play dirty and try to embarass you dont be afraid of them... just prepare yourself... do your homework...

Like I have said many times... you are superior because you took the courage to stand for the right against the USCIS's BS... I was told many times in my low moments in this forum that not to be afraid of the tactics USCIS/AUSA use to make you drop your case... just keep fighting.. they have no other choice but to process your case... they have no other choice... beleive me... and keep filing more and more cases against USCIS's BS...

Choice is yours... Good Luck...

Does anyone know how long does it take for a judge or judge's office to put a decision in writing after the hearing is done? Do I have to do any thing?

Any suggestions are welcomed...

 

[Haddy]

Masa_inn,

I think you can sign the papers. AUSA will not play any tricks with you and will try its best to finish the case within deadlines provided. There are several people in this forum who went through second interview after they filed their lawsuits. It is generally a formality for USCIS to check if any information have changed since the first interview was so long ago. I don't think they will ask for any additional request but they put that in the stipulation just to be on the safe side. Worst come to worst, if you feel they case is being dragged, you can always go back to court.

I agree to go forward with second interview I didnot by any means say to not to do what USCIS tells you to do like another interview... but the cases I have read in this forum and on PACER, you dont have to disimiss your case... they can setup your interview tomorrow and finish the process in 2 days... \you dont have to go thru dismissing the case... you dont have to go thru filing your case all over again...

but in the end like I said choice is yours... as I am not a lawyer...

Good Luck what ever you decide and keep us informed...

 

[louielou]

Thanks all!

First of all, I would like to thank all the people involved in this thread, I was amazed by the great information shared here and also, I was happy to hear about some of the success stories here. I am 29 years old, I have been in this country for thirteen years, I have many goals and ambitions, I am currently working 2 jobs and going to college(cant even qualify for Financial Aid and loans) and my pending I-485 application has been the nightmare of my life. My Mom is an US Citizen, my brothers both got their Green Cards, and because I was older than 21(or is it 18?) at the time of the application, I still do not have my Green Card. I consulted two Immigration attorneys locally, the first one was a crook, the second one was simply inneficient. He inquired with the local USCIS office about my case and got the typical "background/name check pending" response. I wrote to a Congressman and still have not heard anything back from him(not that I am expecting much from him anyways). I guess what really hurts me about my case is that I have not seen my father in 13 years and this has caused me all types of emotional distress. I have never considered filing a writ of amendus and honestly, I am very scared of the USCIS and the Government. Nothing would be more devastating for me personally than having my Green Card denied and I always have that fear of being sent back to my country( I basically grew up here in the USA and I assimilated fully, it would be nearly impossible for me to go back, if that ever happened. I hate to sound negative and depressed, but this process has been truly devastating to my mental health. If anybody could suggest a plan of action, I would certainly appreciate it. Good luck to all!

 

[Haddy]

Welcome

First of all, I would like to thank all the people involved in this thread, I was amazed by the great information shared here and also, I was happy to hear about some of the success stories here. I am 29 years old, I have been in this country for thirteen years, I have many goals and ambitions, I am currently working 2 jobs and going to college(cant even qualify for Financial Aid and loans) and my pending I-485 application has been the nightmare of my life. My Mom is an US Citizen, my brothers both got their Green Cards, and because I was older than 21(or is it 18?) at the time of the application, I still do not have my Green Card. I consulted two Immigration attorneys locally, the first one was a crook, the second one was simply inneficient. He inquired with the local USCIS office about my case and got the typical "background/name check pending" response. I wrote to a Congressman and still have not heard anything back from him(not that I am expecting much from him anyways). I guess what really hurts me about my case is that I have not seen my father in 13 years and this has caused me all types of emotional distress. I have never considered filing a writ of amendus and honestly, I am very scared of the USCIS and the Government. Nothing would be more devastating for me personally than having my Green Card denied and I always have that fear of being sent back to my country( I basically grew up here in the USA and I assimilated fully, it would be nearly impossible for me to go back, if that ever happened. I hate to sound negative and depressed, but this process has been truly devastating to my mental health. If anybody could suggest a plan of action, I would certainly appreciate it. Good luck to all!

Dear louielou,
if you have read the first 20 pages of this forum, your answer is right here... chronologically gather all your correspondence with uscis/congressmen/senators/infopasses/phone calls/all other related docs... once you have every thing ready... read the sample Writ of Mandamus complaints... and prepare yours... the most time you will take would be 1-3 days... file your complaint as the process has been stated in the beginning of this forum.. and Good Luck...

 

[zaib]

I have to file a response to defandants answer

Hi Everyone,
I gave the defandants 60 days extension and after that they came back with an answer that the background check is not complete and the 120 days start from the clearance of the background check.
Are there any examples of a response in this thread.Please help.

 

[mogumogu]

Haddy, thank you for sharing your Hearing. Which district court is it?
I'm kind of a new person and seldom spoke here. But I'm proud of you and very moved by your spirit. Please keep us posted. I have been (and will be) praying for you.
Best lucks.

 

[lotechguy]

First of all, I would like to thank all the people involved in this thread, I was amazed by the great information shared here and also, I was happy to hear about some of the success stories here. I am 29 years old, I have been in this country for thirteen years, I have many goals and ambitions, I am currently working 2 jobs and going to college(cant even qualify for Financial Aid and loans) and my pending I-485 application has been the nightmare of my life. My Mom is an US Citizen, my brothers both got their Green Cards, and because I was older than 21(or is it 18?) at the time of the application, I still do not have my Green Card. I consulted two Immigration attorneys locally, the first one was a crook, the second one was simply inneficient. He inquired with the local USCIS office about my case and got the typical "background/name check pending" response. I wrote to a Congressman and still have not heard anything back from him(not that I am expecting much from him anyways). I guess what really hurts me about my case is that I have not seen my father in 13 years and this has caused me all types of emotional distress. I have never considered filing a writ of amendus and honestly, I am very scared of the USCIS and the Government. Nothing would be more devastating for me personally than having my Green Card denied and I always have that fear of being sent back to my country( I basically grew up here in the USA and I assimilated fully, it would be nearly impossible for me to go back, if that ever happened. I hate to sound negative and depressed, but this process has been truly devastating to my mental health. If anybody could suggest a plan of action, I would certainly appreciate it. Good luck to all!

Could you post your timeline ? It appears 3 years for start to finish is normal for GC now unless you go thru WOM.