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

masa_inn said:
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!
Click to expand...

I think NO DEAL.
USCIS CAN conduct any other investigation/interview they want while the case is still going, you can counter-offer to the AUSA with an extension but no dismissal and especially not "with prejudice" .
keep us posted.
 
Haddy said:
Alright friends,

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

[...]
Any suggestions are welcomed...
Click to expand...

the judge should post his answer within a week usually.... keep us posted.
The judge probably have seen similar cases that were dismissed. i think you'll be ok
 
1447b filed today

Eventually I filed my 1447(b) case today in Northern District of Illinois. Thanks everybody here for all the valuable information. I'll send the certified mails with return receipts this afternoon.

Just one quick question, Does everybody get some court documents ( about 40 pages ) and send together with summons and complaints to serve the defendants? The court clerk only gave me the case number, judge's name which I stamped on my complaints and 2 sets of stamped summons. Thanks!

My timeline is as below,

PD 12/19/05
FD 02/01/06
ID 04/18/06
1447(b) filed 09/05/06
AUSA served 09/07/06
 
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RWDW said:
Eventually I filed my 1447(b) case today in Northern District of Illinois. Thanks everybody here for all the valuable information. I'll send the certified mails with return receipts this afternoon.

Just one quick question, Does everybody get some court documents ( about 40 pages ) and send together with summons and complaints to serve the defendants? The court clerk only gave me the case number, judge's name which I stamped on my complaints and 2 sets of stamped summons. Thanks!

My timeline is as below,

PD 12/19/05
FD 02/01/06
ID 04/18/06
1447(b) filed 09/05/06
Click to expand...

summons and complaints is all you need to serve defendants. that should do it...
good luck
 
Thank you...

kabi24 said:
the judge should post his answer within a week usually.... keep us posted.
The judge probably have seen similar cases that were dismissed. i think you'll be ok
Click to expand...
Thanks Kabi24 for your response. I appreciate it.
 
local rules

RWDW said:
Eventually I filed my 1447(b) case today in Northern District of Illinois. Thanks everybody here for all the valuable information. I'll send the certified mails with return receipts this afternoon.

Just one quick question, Does everybody get some court documents ( about 40 pages ) and send together with summons and complaints to serve the defendants? The court clerk only gave me the case number, judge's name which I stamped on my complaints and 2 sets of stamped summons. Thanks!

My timeline is as below,

PD 12/19/05
FD 02/01/06
ID 04/18/06
1447(b) filed 09/05/06
Click to expand...

this is all about local rules. I have to send a copy of some consent forms alone with complaints and summons to all the defendants too.
Also the clerk only needs one copy of complaint instead of 3 copies here.
 
kabi24 said:
I think NO DEAL.
USCIS CAN conduct any other investigation/interview they want while the case is still going, you can counter-offer to the AUSA with an extension but no dismissal and especially not "with prejudice" .
keep us posted.
Click to expand...

Well, we won't sign and will propose our version of the deal.

Thank you for your help, everybody!
 
I-485 approved after WOM

Thank you Publicus for providing such valuable information in this thread, I almost follow the instruction one step after another.
Also thank you Kabi24 for explaining to me the notice of appearance and give me confidence, I almost thought I have to face the attorney in court.

WOM filed on 07/31/2006
Defendants served on 08/01/2006
Notice of appearance received on 08/11/2006
Contact AUSA on 08/14/2006, got response on same day
I-485 approved on 08/30/2006
:)

kabi24 said:
Hey there,
I actually found the email address of the AUSA on the notie of appearance that she filed with the court, and that's how i contacted her right away.
it is good to establish contact ASAP so they don't sit on the case.
I only talked to AUSA once , we have conducted everything using email.
good luck you have a few weeks to go and you'll be fine.
Click to expand...
 
Thanks Kabi24.. I hope so.. AUSA has assured they will adjudicate the case once the visa nos are available Oct'01.

Is there anyone in the forum who has fought to have the approval dates retroactive?
I need some strong case to fight for it. My case should have been Approved 2 years back based on the priority dates. I485 filed Sep03. Please let me know if anyone has won this battle to get the Approval dates retroactive.
 
samson_33 said:
Thanks Kabi24.. I hope so.. AUSA has assured they will adjudicate the case once the visa nos are available Oct'01.

Is there anyone in the forum who has fought to have the approval dates retroactive?
I need some strong case to fight for it. My case should have been Approved 2 years back based on the priority dates. I485 filed Sep03. Please let me know if anyone has won this battle to get the Approval dates retroactive.
Click to expand...
I am in the same boat, 485 filed Aug 03, however I have got the physical cards and the approval date is 08/06, so I dont know if they will change the approval date.
I also want to fight for it, unfortuantely I do not have that in the Prayer section of my complaint. Can I still pursue?
 
no known cases

samson_33 said:
Thanks Kabi24.. I hope so.. AUSA has assured they will adjudicate the case once the visa nos are available Oct'01.

Is there anyone in the forum who has fought to have the approval dates retroactive?
I need some strong case to fight for it. My case should have been Approved 2 years back based on the priority dates. I485 filed Sep03. Please let me know if anyone has won this battle to get the Approval dates retroactive.
Click to expand...

I know that "mohamed mohamed" was looking into it after he won his WOM, he was hopping to get a chance after seeing some kind of document about the issue online. check out this post from mohamedx2 and previous ones by doing a search on his posts .
or may want to email him directly to see. Good luck
 
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Mr. LA:

I am sorry to ask this dumb question. When does the 60 days starts? Is it the date that the court receive the compliant or the date that US Attorney is assigned?

thanks,

Jack

Mr LA said:
Hello drhe,

You need to serve your local U.S Attorney Civil process clerk, civil division

For example,

Civil process clerk, civil division
1801 Fourth Ave., North
Birmingham, AL 35203-2101

You can find your local U.S Attorney here:
http://www.usdoj.gov/usao/offices/index.html

And i think you need to send a copy to the US General Attorney,

I wish you the best
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Lawsuit

I filed lawsuit on 09/01/2006 all defendents and US attorney served on 9/5/06.
Question :I did not attached the copy of interview letter and N-652 because I did not had one and USCIS refused to give copies ,they said there is no form to fill to get those copies. Is there any effect on the lawsuit(I attached the copies of Infopass,letter from FBI response to FOIPA and letter from senator which shows name check is pending.) Please respond with your input.
Thanks
 
bashar82 said:
Masa,
Don't accept the deal. In almost every other case, AUSA/USCIS has only requested a 30-day extention to make the decision. Others have quoted letters from the AUSA requesting a 30-day extention. Reply to the AUSA that in almost every case, only 30 days was necessary. And once USCIS was ready to make a decision in the very near future, was a dismissal agreement talked about.
Most AUSA are sympathetic with you. Even the AUSA in my case called USCIS idiots for denying, or attempting to deny, my case. Just write back with a revised proposal that gives them one 30-day extention to make a decision.
Click to expand...
bashar82 it was nice to see you coming back to reply the questions, my case is same as was your's in eastern district of Va.Please give some tips regarding my case about EDVA.
Thanks
 
jattindc1 said:
I filed lawsuit on 09/01/2006 all defendents and US attorney served on 9/5/06.
Question :I did not attached the copy of interview letter and N-652 because I did not had one and USCIS refused to give copies ,they said there is no form to fill to get those copies. Is there any effect on the lawsuit(I attached the copies of Infopass,letter from FBI response to FOIPA and letter from senator which shows name check is pending.) Please respond with your input.
Thanks
Click to expand...
You should include the exhibits that you have with your complaint... in my case i didn't include the letter of the interview because i turned it in the day of the interview.. no big deal...
good luck
 
kabi24 said:
You should include the exhibits that you have with your complaint... in my case i didn't include the letter of the interview because i turned it in the day of the interview.. no big deal...
good luck
Click to expand...
Thanks for replieng Kabi24, that's exactely happened with me unfortunately I did not made a copy of my interview letter and IO did not gave me N-652 or may be I left at the desk of IO because I was mad when IO told me background check is not cleared yet. By the way 60 days starts from the day US atty is served in my case clock start clicking on 9/5/06.
Thanks again
 
Hi everybody!

I am back from Europe and will now be able to focus on my stalled case once again. For those of you who have filed 1447(b) in the Eastern District of Virginia, whom did you serve? In addition to the usual suspects (USCIS, DHS, FBI). More specifically, do I have to serve the U.S. Attorney General and/or local U.S. Attorney? Does not the local U.S. attorney automatically get a copy once the gov't is served? After all, he/she is supposed to 'defend' the gov't whenever it is sued... . Any input appreciated.

Cheers!
Legal
 
Hi Jatt!

Thanks! So I will have to serve the U.S. Attorney General AND the local U.S. Attorney's office? Yet, there is no need to list them as defendants, correct?

My defendants so far will be:

Michael Chertoff, Secretary of the Department of Homeland Security;
Emilio T. Gonzalez, Director U.S. Citizenship and Immigration Services;
Phyllis Howard, Washington, D.C. District Director, U.S. Citizenship and Immigration Services;
Robert S. Mueller, III, Director of the Federal Bureau of Investigation

Am I missing anybody?

Cheers!
Legal
 
1447(b) success in San Francisco

Dear All,

Yesterday was my Oath ceremony, and I wanted to share with you my story and thank everybody for information and inspiration.

My N-400 was filed in October 2003, the interview took place in May 2004, my application had been pending subject to the name check ever since. Knowing that my background is as clean and straightforward as it could be, at first I was amazed with these people, then irritated, then frustrated. . .

I was reading this thread for about a year, meanwhile contacting USCIS and NNCP, hoping that they would get their act together, perhaps on the second anniversary of my citizenship interview. . . Nope, never happened. So on July 12 I filed my 1447(b) petition.

I was very tempted to include as defendants Michael Cannon and Dianne Berger of NNCP for never answering any of my eight (!) inquiries (no nagging of course, very polite and spread over 12 months), or well. To my surprise, a letter to Mrs. Laura Bush from April 2006 resulted in the first acknowledgment from the FBA, William Hooton on 7/19/2006 notified me that my name check "request was received on October 17, 2003 and is in pending status". . .

Three weeks after filing my petition (!!) the US District Attorney office calls to tell that my name check was completed and USCIS is ready to proceed. On 8/7/2006 I signed, notarized and mailed the Record of Sworn Statement in Affidavit Form, on 8/18/2006 I signed and faxed the Stipulation to dismiss. AUSA Ila Deiss was professional and pleasant to work with. . . As of yesterday, I am a US citizen.

Dear Publicist, Suzy, Bugging and Eastbayer, thank you for sharing your wisdom and experience. I used Bugging's petition as an example and followed Eastbayer's tips for filing. Although I've had no litigation experience (and hope never will again), you made it possible for me to get it done myself, pro se. Thank you so much and all the best!


PD 10/14/2003
FD#1 11/18/2003
Interview 5/20/2004
FD#2 7/15/2005
1447(b) filed 7/12/2006
Oath 9/5/2006
 
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