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

Use the print out from USPS website to file certificat of service + return of service or whatever in the local rule of your court. The court accepts the print out as proof of delivery. Good luck.

jattindc1 said:
All the defendents were served on 9/5/06 but till today I did not received the receipt conformation (Green Card from USPS)from Michael Chertoff and Robert mueller, what should I do although I have a receipt from USPS website that summons were delivered with the date and time on it.Please advice
 
syt said:
Finally, I got it. :)
Syt, Congratulations another victory of 1447(b), you got what you deserve, is'nt it better to file lawsuit rather than waiting for years?

Please reply if you know the answer :
All the defendents were served on 9/5/06 but till today I did not received the receipt conformation (Green Card from USPS)from Michael Chertoff and Robert mueller, what should I do although I have a receipt from USPS website that summons were delivered with the date and time on it.Please advice.
Thanks and Congratulations again
 
Even now, my case has been dismissed, I have not received the return receipt (green card) back from both FBI and DHS. Yes, it is much much better to take action rather than waiting. Good luck on your case :)

jattindc1 said:
Syt, Congratulations another victory of 1447(b), you got what you deserve, is'nt it better to file lawsuit rather than waiting for years?

Please reply if you know the answer :
All the defendents were served on 9/5/06 but till today I did not received the receipt conformation (Green Card from USPS)from Michael Chertoff and Robert mueller, what should I do although I have a receipt from USPS website that summons were delivered with the date and time on it.Please advice.
Thanks and Congratulations again
 
Correct me if I am wrong .I think it matters that the US atty must served and you should have proof of that .That's just may be I am thinking may be I am wrong.
 
jattindc1 said:
Correct me if I am wrong .I think it matters that the US atty must served and you should have proof of that .That's just may be I am thinking may be I am wrong.
Technically you have to serve all the defendants. But in our case, since they are us goverment officers, the US attorney, maybe also US Attorney General, is/are the only one that really matters.
 
said904,

Sorry to hear about your case. I had the same ruling few weeks ago.

Where did you file the lawsuit?
 
Congratulations

TheRock20148 said:
I will be US citizen on 09/15/06 after 1447(b) lawsuit. My questions are and need answers with experience.

1) How to upgrade I-130 for wife? Plus I have file I-129F for K-3 right?
2) My parents are in US on B-1 visit visa, can I apply for them? if so do I have to file I-130 for them or directly I-1485 and travel document sametime? How its work. I have to take all above steps.

For your question:
1) I heard somewhere that you just need to make copy of your citizenship certificate and a copy of you I-130 receipt, along with a letter telling them you are a us citizen now and asking them to upgrade your application. Send it to the same center you file the I-130 application.
The attached is the cover letter template for I-129F, which has listed everything you need to file the K-3. Send it to the Missorri center.
2) I am not sure about this one, but I think you will have to start with a I-130.

Good Luck.
 
said904 said:
hello everybody

the last day for the 30 days extension I allowed USCIS is 9/11/2006

The US Attorney filed a motion to dissmiss today 9/8/2006 stating that USCIS can not do anything before Name check clears and that 1447 b do not apply in my case because the 120 days should be counted when all the procedure of the interview is completed , not only the test but the Good and moral behavior which requires Name check to be clear to decide on that.

What shall do now? Please, I will be so thankfull to anybody taht could help me with any information.
Do I have to file anything against this motion, and if so where do I start from ? I really have no clue where to start right now.:)

or what do u guys think, shall hire a lawyer? I really cannot afford it , but if I have to , Iam gonna have to>

All Iam asking for right now is HELP

Thanks

Thanks


I am not 1447b filer... but because I have read this forum from A to Z, I know that there have been numerous cases like yours and people over here have replied to the USCIS's B/S succesfully and have been succesful... I would suggest dont wait for 20 days just fill info in one of these two and file it right away... copy-cut-paste should be easy and less time consuming... you basically just have to put your own info in any one of these responses... Good Luck...
 
said904 said:
hello everybody

the last day for the 30 days extension I allowed USCIS is 9/11/2006

The US Attorney filed a motion to dissmiss today 9/8/2006 stating that USCIS can not do anything before Name check clears and that 1447 b do not apply in my case because the 120 days should be counted when all the procedure of the interview is completed , not only the test but the Good and moral behavior which requires Name check to be clear to decide on that.

What shall do now? Please, I will be so thankfull to anybody taht could help me with any information.
Do I have to file anything against this motion, and if so where do I start from ? I really have no clue where to start right now.:)

or what do u guys think, shall hire a lawyer? I really cannot afford it , but if I have to , Iam gonna have to>

All Iam asking for right now is HELP

Thanks

Thanks


Dear Said,

I am like you... cannot afford a lawyer... just prepare your motion in response to defendants' motion to dismiss... luckily you will be naturalized before USCIS could do any thing else... there is nothing else they can do but to process your application... the court has jurisdiction under 1447b... they cannot do crap against you... so please be prepared and file your response.. and you will succeed...

Good Luck
 
Said:

did you file it at Northern California? If it is true, I am very surprised that you get a response like this, because so far everyone filed at Northern California on this forum get their naturalization cases resolved quickly. But don't give up and keep fighting and Haddy have provided a very good sample for you.

Good luck on your case.

Jack

said904 said:
hello everybody

the last day for the 30 days extension I allowed USCIS is 9/11/2006

The US Attorney filed a motion to dissmiss today 9/8/2006 stating that USCIS can not do anything before Name check clears and that 1447 b do not apply in my case because the 120 days should be counted when all the procedure of the interview is completed , not only the test but the Good and moral behavior which requires Name check to be clear to decide on that.

What shall do now? Please, I will be so thankfull to anybody taht could help me with any information.
Do I have to file anything against this motion, and if so where do I start from ? I really have no clue where to start right now.:)

or what do u guys think, shall hire a lawyer? I really cannot afford it , but if I have to , Iam gonna have to>

All Iam asking for right now is HELP

Thanks

Thanks
 
ApplyInDenver Need Detail

Thank you for your response, here is detail info i am looking for.

1) I did filed I-130 (All i have to do is send them requet to upgrade since I will be US citizen on 09/15/06) right?
2) I-129F for K-3, I have to send cover letter, I-129F form, and G-325a (I did send send g-325a along wth I-130, do I have to send them again with I-129f for K-3 again?).

3) Since my parents are here on visit visa, if i want to apply for them, i think all i have to do file I-485 directly no need to file I-130 or anything ese? I need help.

Please reply with detail or anyone else been throught this process.

Thanks
 
If your fingerprints were done long time ago but you recieved no letter for interview. How long you have to wait before you can file for the lawsuit??
 
EB3 and EB2 premium processing for $1000

Why can't they bring a premium processing for those stuck in Name Checks I am willing to give the $350 I will have to give the court for FBI to do their work......

With such a BIG hole in the security checks system they are going to bring in 15 MM illegal immigrants......Only God can save us who are stuck in this background checks.

Citizenship can be the easiest application in the entire immigration system that can have Premium processing but they dont bring that up.....
 
Approved!

My WOM worked. I filed WOM in late July and served US attorney in mid August. The court gave the defendants 20 days for response which should be September 2nd. On September 5th, I got a call from US attorney that my case has been approved. I got an email from the congressman who has been inquirying my case for about a year the next day stating that my I-485 along with my wife's have been approved. My guess is that FBI has already cleared our names when I filed WOM. The latest inquiry made by my congressman in late July still showed FBI hasn't cleared our names. Wish everybody good luck with their cases.
 
Thinking about filing 1447b - Stuck in first gear

Hello All,

I have been reading the forum for a while and I have convinced myself, that I should not wait any longer for my Oath/Citizenship. But seem like i have some hurdles before I can proceed. Please advise.

Although, in preparation of the 1447b and for self satisfaction, I wrote to my USCIS director in Chicago, inquiring about my case status. And strangely enough, they wrote back saying they had requested additinal evidence from on around Jan of this year. And that is literally all they wrote in the letter.

So I have taken the following steps:
called and visited again, to find the content of the letter - NO Response/ Standard Name Check Pending Response.

-File FOIA with USCIS to attain the content of the mystery Januar letter. No Response yet/ Mailed two weeks agon. I don't know how long it takes for it to process.


Overall, I am bummed, because I feel that I should not proceed with the above situation pending. What does everyone else think I should do? Proceed anyways with 1447b?

Following is my timeline:

-Application mailed: 5/1/05
-Application Received: 5/3/05
-Priority Date: 5/3/05
-Finger Print: 6/11/05
-FP approved: 6/11/05
-Interview Notice Date: 8/1/05
-Interview Date: 10/13/05 (Exam Passed) / Name Check Pending
 
Just Go and file the 1447b you dont need to do

anything like FOIPA etc....before they pass any law and close the window go and file the 1447B....Dont be bummed after they sneak in any laws that stops the case filing option...... :D
 
Need Help Badly!!!

I need help is following subject.

1) I want to file for my parents, they are here in USA on visit visa an will leave shortly back home. What documents i should file sine they are in USA and i want to get them travel document too.

2) Also how to upgrade I-130 for wife since i filed it while i was on green card. Also I have to file I-129F for K-3 right?

Please provide me detail steps and what forms required to file fo parents and upgrade for wife.
 
boondi said:
Hello All,

I have been reading the forum for a while and I have convinced myself, that I should not wait any longer for my Oath/Citizenship. But seem like i have some hurdles before I can proceed. Please advise.

Although, in preparation of the 1447b and for self satisfaction, I wrote to my USCIS director in Chicago, inquiring about my case status. And strangely enough, they wrote back saying they had requested additinal evidence from on around Jan of this year. And that is literally all they wrote in the letter.

So I have taken the following steps:
called and visited again, to find the content of the letter - NO Response/ Standard Name Check Pending Response.

-File FOIA with USCIS to attain the content of the mystery Januar letter. No Response yet/ Mailed two weeks agon. I don't know how long it takes for it to process.


Overall, I am bummed, because I feel that I should not proceed with the above situation pending. What does everyone else think I should do? Proceed anyways with 1447b?

Following is my timeline:

-Application mailed: 5/1/05
-Application Received: 5/3/05
-Priority Date: 5/3/05
-Finger Print: 6/11/05
-FP approved: 6/11/05
-Interview Notice Date: 8/1/05
-Interview Date: 10/13/05 (Exam Passed) / Name Check Pending

Did you take your letter to infopass and ask them about it ? Can they not tell you what eveidence is needed ? You should ask to speak to a supervisor if you dont get an answer from the IO.
 
TheRock20148 said:
Thank you for your response, here is detail info i am looking for.

1) I did filed I-130 (All i have to do is send them requet to upgrade since I will be US citizen on 09/15/06) right?
you are right.
I order for them to upgrade your case, they need
a) copy of your I-130 receipt
b) copy of your citizen certificate.


2) I-129F for K-3, I have to send cover letter, I-129F form, and G-325a (I did send send g-325a along wth I-130, do I have to send them again with I-129f for K-3 again?).

yes, you need to send the G-325a again.
don't forget the application fee and everything else on the list.


3) Since my parents are here on visit visa, if i want to apply for them, i think all i have to do file I-485 directly no need to file I-130 or anything ese? I need help.

I thought you always need I-130, even for your spouse.

Please reply with detail or anyone else been throught this process.

Thanks
 
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