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

ApplyInDenver said:
Hi guys,

I just got a call from the court, I am told the judge want to hold a hearing on my 1447(b) case next Thursday. Any suggestions as what to prepare, what to bring, what to read before the hearing, etc?
I just file the case on 09/01/2006. I have not even served all the defendants yet. It's so fast, don't know if this is good or bad :confused:

Thank you very much.
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i agree with you, it is unusual, maybe your local court is trying to just do something different...
i wonder if the AUSA will even be ready for that... i'll be surprise if they don't try to push it away.
anyhow from what i read recently, haddy had to go to the court just to be advised to get a lawyer. he reported the fact that he wasn't as ready as he could possibly have...
SO, that said what you have to do is paraphrase all the things you have put in your case, explain everything in detail and write it it down so you can talk for about 10 minutes, you should bring up the jurisdiction and why your suing those people, and how things could be pushed and get resolved instead of just letting them in the black hole...
there's clearly a law that' your main ally the bottom line is that your case hasn't been adjudicated yet....
we don't care that those guys are busy or whatever the heck is their reason....the law is clear and they should abide by it. you did all what was requested from you but they didn't honor their part of the deal.....

good luck,
PS: i didn't have to go through it myself
 
How many known cases of 1447(b) the courts dismissed?

I filed a 1447(b) on Aug 28th, 2006, my interview date was April 21st, 2006, I am having butterflies, and I am extremely scared that I will go to court, and the court will just dissmiss my case, the judge they assigned to me seems to be very conservative.
Guys, I know that the US Attorney in my district doesn't make deals out of court with anyone, I will be going to court no doubt.
1- How much extension should I grant the US Attorney? yes, he still asks for extensions.
2- What are my chances to make it in court? how many people reached the court and actually made it versus the ones who didn't make it?
3- What should I do when and if the lawsuit was dismissed by the judge?
4- Do I really have to pay the defendants the legal costs if I lost? how much are their legal costs estimated at?
I am from Las Vegas, there are very few cases like mine on Pacer, NONE of them was settled yet, the eldest one was filed January or February of this year, however, I haven't seen any info about what happened in court.
Any suggestions appreciated.
 
Proof of Service

Guys another question;
I sent the petition and the summons to all defendants by registered mail, I still have the receipts you get the day of mailing, I checked online and found ot that all defendants received the mail, however, my post office lost a punch of mai I requested to hold last week, and the return receipts or some of them are likely to be among teh missed mail, so, I went to teh post office today, and requested a printed confirmation, they told me that they never heard of that, instead, they gave me yellow cards to fill out where they will mail to the post office for the receipients and get teh confirmation for that, does that sound right to you??? is it just an uninformed post office employee, or is it me not knowing what exactly to ask for????
 
strategies

kabi24 said:
i agree with you, it is unusual, maybe your local court is trying to just do something different...
i wonder if the AUSA will even be ready for that... i'll be surprise if they don't try to push it away.
anyhow from what i read recently, haddy had to go to the court just to be advised to get a lawyer. he reported the fact that he wasn't as ready as he could possibly have...
SO, that said what you have to do is paraphrase all the things you have put in your case, explain everything in detail and write it it down so you can talk for about 10 minutes, you should bring up the jurisdiction and why your suing those people, and how things could be pushed and get resolved instead of just letting them in the black hole...
there's clearly a law that' your main ally the bottom line is that your case hasn't been adjudicated yet....
we don't care that those guys are busy or whatever the heck is their reason....the law is clear and they should abide by it. you did all what was requested from you but they didn't honor their part of the deal.....

good luck,
PS: i didn't have to go through it myself
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Thank you kabi for the suggestions.
Here is my strategies:

1) Show they have broken the law. They didn't follow their own protocol, so it's their responsibility to fix the problem. The court has jurisdiction over the case. (case or exibits to support the claims)
2) Show the expedite memo to the court, just to show they are unwilling to correct their mistakes unless they are sued.
3) Show the 2006 congress report from Citizenship and Immigration Services Ombudsman, just to show how meanless this name check is, and how senseless it is for me to suffer for something so meanless.
4) We have to obey the law, so does the goverment, and they should be held accountable for their actions. They have to give me specific dates.

Any other suggestions? Any one?
 
USCIS Ombudsman memo

Applyin Denver;
You said something about the USCIS ombudsman memo showing that the name check is senseless, where did you find this memo? can you post it online please?
Thanks
 
does Any One Knows If Local Da Refuses Summons Wht Is My Next Step.....should I File A Motion And What Should I Ask For The Reason Local Da Office Gave Me Was They Don"t Handle Civil Cases Any Ideas.....to Get My Case Bck On Track....pls Help Me...in Dire Situation..... :(
 
Serving the US attorney

samhad10 said:
does Any One Knows If Local Da Refuses Summons Wht Is My Next Step.....should I File A Motion And What Should I Ask For The Reason Local Da Office Gave Me Was They Don"t Handle Civil Cases Any Ideas.....to Get My Case Bck On Track....pls Help Me...in Dire Situation..... :(
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Well, what about sending a registered mail with a receipt? his office will have to sign the return receipt before they open the mail
 
Need help with FOIPA request- Thanks-

Do you call first? does anyone have the 800 number to call? what do you write in the letter? do you provide supporting document?
Also, when you write to your congressman, do you call first and follow up with a letter second? do you include additional doc with the letter?
Thanks in advance
 
Mr. LA, wish you the best!

Mr LA said:
My update is the judge has a schedule a conference in November 20 before him. I just want to share that with you
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Sorry that your case is dragging for so long, I remembered even joking about your case not filed on the 121st day but several days after that and called you "lazy". Just want to show my support, and thank you for your contribution to this GREAT forum.

Balto
 
How and why to get FOIA

Please help! Thanks in advance.
I'm prepareing to file Pro Se complaint for delay of my N400 application. Most of persons who posted their case are getting the FOIA from FBI and attach it as one of exhibits. Could any person post me how and why to get FOIA? Is the respone of FOIA important to Pro Se complaint under 1447(b)?
I went to http://foia.fba.gov/ and downloaded three pdf files, are these forms (attached here) are right? How to fill in the Subject in the FOIA request form?Should I also submit the Privacy Waiver and certification of Identity? Should I send with fee? How much is it? Is the following main address right?

Federal Bureau of Investigation (FBI)
Record Information/Dissemination Section (RIDS)
Service Reques Unit, Room 6359
935 Pennsylvania Avenue, NW
Washington, D. C. 20535
 
Foipa

XIAOXIAOCHEN said:
Please help! Thanks in advance.
I'm prepareing to file Pro Se complaint for delay of my N400 application. Most of persons who posted their case are getting the FOIA from FBI and attach it as one of exhibits. Could any person post me how and why to get FOIA? Is the respone of FOIA important to Pro Se complaint under 1447(b)?
I went to http://foia.fba.gov/ and downloaded three pdf files, are these forms (attached here) are right? How to fill in the Subject in the FOIA request form?Should I also submit the Privacy Waiver and certification of Identity? Should I send with fee? How much is it? Is the following main address right?

Federal Bureau of Investigation (FBI)
Record Information/Dissemination Section (RIDS)
Service Reques Unit, Room 6359
935 Pennsylvania Avenue, NW
Washington, D. C. 20535
Click to expand...



FIOPA is not all that important, so don't waste your time waiting for it. If you can get it before your 120 days are over go for it and use it as an exhibit.

Fill out all those forms you have downloaded, on a separate piece of paper send FBI addressed of the homes you lived during last 5 yrs plus address and names of the places you worked in last 5 or 6 yrs. No need to send any fees. Don't forget to sign the application. It should take 6 to 8 weeks to get a reply.

All the best
 
boston_case said:
FIOPA is not all that important, so don't waste your time waiting for it. If you can get it before your 120 days are over go for it and use it as an exhibit.

Fill out all those forms you have downloaded, on a separate piece of paper send FBI addressed of the homes you lived during last 5 yrs plus address and names of the places you worked in last 5 or 6 yrs. No need to send any fees. Don't forget to sign the application. It should take 6 to 8 weeks to get a reply.

All the best
Click to expand...

Thank you for your prompt respone. I'm going to send my complaints without the FOIA the day after tomorrow(09/14). It is already more-than 200 days after my N400 interview, I don't want to wait anymore.
Do you think that I should continue file FOIA request after I file the pro se complaint? Do you think the court will need FOIA later on? I just don't want my case be delayed.
 
links

hayyyoot said:
Applyin Denver;
You said something about the USCIS ombudsman memo showing that the name check is senseless, where did you find this memo? can you post it online please?
Thanks
Click to expand...
here is the link:
http://www.dhs.gov/interweb/assetlibrary/CISOmbudsman_AnnualReport_2006.pdf

On page iii, item F, it lists Name Checks as one of the most complainted issues.
Start from page 23, you will see:
1) FBI name check delays as the most pervasive problem preventing completion of cases.
2) the name checks are a fee-for-service that the FBI provides to USCIS at its request. ... . Instead, the FBI reviews its files much like a credit reporting entity would ...
3) as of May 2006, USCIS reported 235,802 FBI name checks pending ...
4) ... Thus, delays in the name check process actually prolong an individual's presence in the US while the check is pending. In that sense, the current USCIS name check policy may increase the risk to national security by.....
 
Do both

XIAOXIAOCHEN said:
Thank you for your prompt respone. I'm going to send my complaints without the FOIA the day after tomorrow(09/14). It is already more-than 200 days after my N400 interview, I don't want to wait anymore.
Do you think that I should continue file FOIA request after I file the pro se complaint? Do you think the court will need FOIA later on? I just don't want my case be delayed.
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I applied for the FOIA and filed my 1447(b) without the result since till today I still have not get an answer back.
I think you should file both, but not delay 1447(b) filing waiting on the FOIPA.

The reason behind for me is that:
a) In the filing, you will claim you meet the moral character required for becoming a U.S citizen.
b) If you get the result with NO RECORD response, that will make your claim stronger.
c) If it takes a long time and you still can not get the result, then it again shows the court how lazy FBI is, and make your case stronger.

You can always add exhibits to your case later. Just need to serve a copy to the US attorney everytime you do so.

This is just my personal opinion. In reality, I am not sure how usefull they are since most of the cases do not go to the court, but I like to get my ground covered.
 
I have a beginner type question. What material evidence do I "really" need before I can file my WoM case?

1) FOIPA
2) Ombudsman letter
3) Senator letter (showing stuck in NC)
4) Telephone records that show you talked to uscis
5) Records that you went to AOS to resolve
6) USCIS enquiry result

Right now I have only (3). I've asked my attorney to file for (6), but he says he'll do that in nov. My feeling is that (1), (2) and (6) will take a lot of unnecessary time, which could be well spent filing the wom and waiting for 2 month deadline.

Comments / Suggestions?
 
Looking for 1447(b) filer in Connecticut. Thanks.

I am preparing to file 1447(b) in Connecticut and was wondering if there was a case from CT in this forum. I just need tips on how things went.
Thanks
 
first post - 1447(b) success

This is my first post here, but I've read and followed keenly the thread for the past couple of months. For the sake of helping all and to reciprocate all the help I've gotten from this forum, I will briefly share my experience....

Filed N400 in January 2006 and everything was flying speedily along; Fingerprinted in Feb 2006 and interviewed in April 2006. All went went except that I fell into the dreaded "cannot make decision...bla bla bla..." and the name check blackhole. Then things just ground to a halt. I was initially told that everything will be resolved within 30-45 days after interview - but nothing happened.

After exactly 122 days, I filed 1447b complaint on Aug 17 and I just got a call today at home from USCIS that they have scheduled my oath - and they even faxed the oath letter. It was in less than 3 weeks after filing. My advice to those still making up their minds is not to wait a minute longer than neccessary.
 
assub:

Congrat. It was very fast. Which district did you file your compliant? In my distract, most of cases get resolved in about 4 months, because the US Attorney always come back to ask for 60 days extention.

Jack

aasub said:
This is my first post here, but I've read and followed keenly the thread for the past couple of months. For the sake of helping all and to reciprocate all the help I've gotten from this forum, I will briefly share my experience....

Filed N400 in January 2006 and everything was flying speedily along; Fingerprinted in Feb 2006 and interviewed in April 2006. All went went except that I fell into the dreaded "cannot make decision...bla bla bla..." and the name check blackhole. Then things just ground to a halt. I was initially told that everything will be resolved within 30-45 days after interview - but nothing happened.

After exactly 122 days, I filed 1447b complaint on Aug 17 and I just got a call today at home from USCIS that they have scheduled my oath - and they even faxed the oath letter. It was in less than 3 weeks after filing. My advice to those still making up their minds is not to wait a minute longer than neccessary.
Click to expand...
 
Why

samhad10 said:
does Any One Knows If Local Da Refuses Summons Wht Is My Next Step.....should I File A Motion And What Should I Ask For The Reason Local Da Office Gave Me Was They Don"t Handle Civil Cases Any Ideas.....to Get My Case Bck On Track....pls Help Me...in Dire Situation..... :(
Click to expand...
Samhad
I did not understand what did you mean by the local "DA" and "refuse". The local DA is not a part in any immigration case. If you meant the US attorney then you do not need to involve him since his job is to defend the immigration.
Second unless you are serving the wrong agency nobody in the US can refuse to be summoned to the court of law, nobody is above the law.
 
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