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

[aasub]

The process was a lot faster than I anticipated. Perhaps it was because my complaint was very brief (not counting the page that lists the parties, it was just 3 pages). I only stuck to indisputable facts, eg date of application, date of fingerprints, date of interview... Also I made only 2 claims i) 120 day delay (8 USC 1447b) and ii) That I am owed a duty (28 USC 1361). I actually already had prepared my reply to what I anticipated that defendant would reply with a motion to dismiss my complaint. I was, however, happily dissapointed ;-)

The less you write, the less room defendants have to maneuver; and the less they can adequately reply and thus they seek to resolve it.

 

[aasub]

Make sure you serve the right defendants

It sounds like you may have served the wrong defendant - perhaps the county or state or city attorney? Be sure you serve the (Federal) US Attorney's office for your district. Local and state courts do not deal in immigration issues - which is a Federal question, and thus under the Federal jurisdiction.

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.

 

[annat]

Filed

Hi All,

I went to court today 09/12/06 and filed my case; mailed it all to all the defendants and US attorney.
I still have FOIA check out there as well.
Thank you again to everybody for all your help and information.
I'll keep you posted on my progress.
Good luck to all!

 

[LAmorocco]

The process was a lot faster than I anticipated. Perhaps it was because my complaint was very brief (not counting the page that lists the parties, it was just 3 pages). I only stuck to indisputable facts, eg date of application, date of fingerprints, date of interview... Also I made only 2 claims i) 120 day delay (8 USC 1447b) and ii) That I am owed a duty (28 USC 1361).

What's 28 USC 1361?

 

[Mr LA]

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

Hello Balto,

See when you joke about something like this … I am kidding, I Thank you so much for your support, and everyone else here. See my friend, the judge has sent me a signal after the U.S Attorney was late 1 day to file his answer with the court, so he sent a letter to show that he is very upset with him “U.S Attorney” so that he better finish the name check before November 20 before we see him. I have done seeming else, and that is searching on pacer about the U.S Attorney I am dealing with, I got some phone numbers for lawyers who had a chance to deal with him, I called them and found that he is very good man, respectful and honest, and I just have to wait… so everyday I call home to check my massages to see if he called.

I like to share my updates with you guys to show you, and learn from the one who is before you to learn something, and that just to be patient, everything takes time.

I wish the best too of us

 

[boston_case]

Where did you file your complaint

It sounds like you may have served the wrong defendant - perhaps the county or state or city attorney? Be sure you serve the (Federal) US Attorney's office for your district. Local and state courts do not deal in immigration issues - which is a Federal question, and thus under the Federal jurisdiction.

Congratulations Assub!!!
Where did you file your complaint.

 

[aasub]

What's 28 USC 1361?

Section 1361. Action to compel an officer of the United States to perform his duty.

The district courts shall have original jurisdiction of any
action in the nature of mandamus to compel an officer or employee
of the United States or any agency thereof to perform a duty owed
to the plaintiff.

My argument was on the basis of: Because we are asked to pay a "processing" fee for applications, a relationship is thus implicitly created where one party to the transaction has an expectation from the other party to the transaction to provide a certain service in exchange for the monies paid, since monies have changed hands. Thus when there is a failure of one party to deliver (defendant), then the aggrieved party (plaintiff) has a basis to complain.

 

[maple123]

can I sue USCIS for my wife?

Late to the party.... But this is indeed what regular joe needs

I am a Citizen and sponsoring my wife whom is currently in US. She got stuck in Name Check. I am wondering whether I can sue these lazy people since I can write and defend in english way better than my wife.

thank you in advance.

 

[drhe]

How long does it take for the mail to reach D.C?

I am encouraged by all the posts in the forum and filed my case on Sep 1, 2006. I sent out the summons and complaints to all the defendents on the same day with certified mail and return request. But the mails to the defendants in D.C. seem to take forever to be delivered. How long do you wait to get the mail delivered to D.C.? Can't I just turn in the receipt of the certified mail to the court? Please share your experience. Thanks a lot.

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.

 

[LAmorocco]

Section 1361. Action to compel an officer of the United States to perform his duty.

The district courts shall have original jurisdiction of any
action in the nature of mandamus to compel an officer or employee
of the United States or any agency thereof to perform a duty owed
to the plaintiff.

My argument was on the basis of: Because we are asked to pay a "processing" fee for applications, a relationship is thus implicitly created where one party to the transaction has an expectation from the other party to the transaction to provide a certain service in exchange for the monies paid, since monies have changed hands. Thus when there is a failure of one party to deliver (defendant), then the aggrieved party (plaintiff) has a basis to complain.

Thanks for your reply and congratulations!
It would very helpful if you could summarize your case in one single post with description of steps taken. Would that be possible to attach forms used or samples. Some of us are just starting undrstanding this 1447b process .
Thanks for any help you can provide.

 

[gcmera2]

In cases of WOM for I-485 , Can we call the AUSA if we want to before the 60 days period expires. Does the AUSA supposed to call USCIS to find out what is going on much before the 60 days period expires or not.

Does the AUSA responsible for finding out about what happened to our I-485 and why is it delayed in getting approval from USCIS by calling the USCIS or he/she is not required to. Thanks.

 

[gcmera2]

Hi everybody:

A friend of mine wants to pursue on his I-485 via the US first lady's office and president's office as some of the members on this forum did.

Can any one provide me on the phone numbers of these two offices. I appreciate your help. Thanks a lot.

 

[Portuch]

Received ORDER SETTING STATUS AND SCHEDULING CONFERENCE

My Timeline:
DO: Los Angeles
Priority date: 03/25/05
Interview : 04/04/06
Lawsuit 1447b: Filed on 08/09/06 (127 days after my interview)
US Attorney was served on 08/11/06
Answer due 10/10/06
Oath letter: ???
Oath date: ??/??/????

Today, I received a document called: "ORDER SETTING STATUS AND SCHEDULING CONFERENCE" on 10/30/06 from my district court. The respondent is the US Attorney General (Alberto Gonzales). Other defendants like Secretary of DHS, Director of USCIS and Director of FBI are not shown as respondents.

Does anyone receive something similiar?

Does it mean they are bring me to court?

Does it mean only the US Attorney General responded to my case? The rest are still in process? Do I still have chance to win my case and become citizen?

Thanks in advance for any opinions.

 

[LegalAlien99]

Hi there!

My take is that it is something that pertains to the deadline set when your case was officially filed. I would say it means that by October 30th, they must have reported to the court how to proceed: To either settle and dismiss the case (by granting naturalization) or to schedule a hearing (meaning it will go to court). I doubt they will drag you to court, though. I am sure somebody more knowledgeable will chip in soon.

Best,
Legal

 

[nobigdeal]

Guys:

I have seen in this thread cases which got approved by USCIS service centers subsequent to the WOM. However I was wondering on any cases that were got transferred to LOCAL INS offices subsequent to the WOM petitions.

I have to say that my case today got transferred to LOCAL OFFICE for interview as per the online case status. It also says in the online message that interview schedule can take upto several months. Now my 60 day time limit on the WOM petition ends by October 25th of 2006. I also need to say that I have not included any official person from the local INS office in the list of defendents in my law suit for my I-485 delay.

Please tell me whether the 60 day limit applies even for the cases which got transferred to local INS office for interview or not? Do you think they have to make the decision in the interview with in the 60 day time limit or they need not do in this case. I am worried because as you all know in most cases for the transfer of case to local office it self takes few months and for them to schedule interview can take upto 6 to 12 months. Do you think this WOM will save me from waiting that long. Thanks.

Do not give too much weight to the 60 day deadline. It is just a tool to push them working on your case. If they ask for 30 day extension because they need more time to process your case, give it to them, as long as they are not sitting on their butt. The fact your case was transfered to local office so quickly is a good sign. It means they are taking actions due to your lawsuit. Do not worry about the defendants list etc. because you are suing their boss. Just let them do their job. I think you will get it fairly soon. For your information, my AOS case was also transfered to local office, but much later than yours, just one week before the 60 days run out. Then they asked for 30 day extension to resolve the case and I agreed. Two weeks later, they called me to attend interview in 3 days. Considering the workload at New York City district office, this quick response is definitely due to the lawsuit. Right before I left for the interview, I asked my congressman's office to check my name check status in cis computer system and was still pending. So I went to the interview without much hope. At the interview, the officer asked us a few trivial questions, made us go out to take pictures and photocopy some documents. When we came back, guess what, our passports were already stamped with I-551 and cases were approved. My guess is that they expedited the name check and already got the results from FBI, but the lawsuit cases are handled differently so their regular database had not been updated. They know that it makes no sense to call you in for interview if name check is not finished. Therefore, my advice to you: just sit back, relax and wait.

 

[aasub]

It is basically a hearing conference where the parties to the case lay out their arguments - which will then allow the judge to make a determination (ruling). Typically, AUSA will resolve it with you before the hearing. If the namecheck has not cleared then AUSA will come to hearing and basically say that they are still unable to make a decision because namecheck is not cleared and thus they cannot ascertain your "moral character" as per 8 USC 1427. Should you by any chance get to the conference before AUSA has resolved your matter, be prepared to address this line of argument from AUSA.

Essentially, I would argue that what goes on between FBI and USCIS is not your concern as you are not party to their arrangement. But your concern is 1447b which gives them 120 days. To up the ante, you can mention at your hearing that, when you get to the discovery phase, you intend to ask for the official contract (or agreement) between FBI and USCIS that spells out the namecheck terms of reference. Naturally they will not agree and will look to settle with you rapidly.

The other parties are always included as defendants, although the case title is truncated to, say, Smith v. Gonzales et al.

My Timeline:
DO: Los Angeles
Priority date: 03/25/05
Interview : 04/04/06
Lawsuit 1447b: Filed on 08/09/06 (127 days after my interview)
US Attorney was served on 08/11/06
Answer due 10/10/06
Oath letter: ???
Oath date: ??/??/????

Today, I received a document called: "ORDER SETTING STATUS AND SCHEDULING CONFERENCE" on 10/30/06 from my district court. The respondent is the US Attorney General (Alberto Gonzales). Other defendants like Secretary of DHS, Director of USCIS and Director of FBI are not shown as respondents.

Does anyone receive something similiar?

Does it mean they are bring me to court?

Does it mean only the US Attorney General responded to my case? The rest are still in process? Do I still have chance to win my case and become citizen?

Thanks in advance for any opinions.

 

[aasub]

I actually got all my material from right here in this forum. It is a treasure trove of information and I would encourage you to start from the first post and work your way forward. It is time consuming, but nevertheless extremely educational, not to mention quite inspiring!

Thanks for your reply and congratulations!
It would very helpful if you could summarize your case in one single post with description of steps taken. Would that be possible to attach forms used or samples. Some of us are just starting undrstanding this 1447b process .
Thanks for any help you can provide.

 

[aasub]

I, too, was having trouble waiting for the green signature cards from DC (from AG and DHS). I just went to the post office and asked for their internal printouts from their intranet.

I am encouraged by all the posts in the forum and filed my case on Sep 1, 2006. I sent out the summons and complaints to all the defendents on the same day with certified mail and return request. But the mails to the defendants in D.C. seem to take forever to be delivered. How long do you wait to get the mail delivered to D.C.? Can't I just turn in the receipt of the certified mail to the court? Please share your experience. Thanks a lot.

 

[drhe]

Thank you. I assume the court accept the printout from the post office.

I, too, was having trouble waiting for the green signature cards from DC (from AG and DHS). I just went to the post office and asked for their internal printouts from their intranet.

 

[kalyanij]

EB-2 India retrogessed again : Another wait begins

The Title says it all. Looks like the wait got even longer for me.. this is such a maze... when the visa number is current, the name check isn't, so you wait. and then suddenly there is another retorgression and you wait again.

This is a pretty sad day- EB2-India has retrogressed by 6 months and for the third time, after being current and waiting for the name check, I am not current anymore. Technically, I can't even file a WOM now. I am at such a loss.

http://travel.state.gov/visa/frvi/bulletin/bulletin_3032.html