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

[rob waiter]

boston-case, help please

Hi, I will file tomorrow. Just wonder how to
file "return of service". I think I will use the
certified mail to send the summons+ complaints
to all defs. then should I file the return of servie?
or how to do so?

 

[Emta]

Dear all,

Just to report my status. I had my Oath Ceremony today and became a US citizen.

Thank you so much for all the help and support I've got here. It's a wonderfull thread, wonderful people.

I wish everybody the best in your cases.

 

[Screaming_Eagle]

Ibis

Does anyone know the possible terminologies that USCIS uses for IBIS results?

What does IBIS OK mean?

What does IBIS POS mean?

Are there any other USCIS terminologies for USCIS IBIS check results?

Does anyone know the answers to these questions please?

Hello needsolution,

IBIS stands for "Integracy Border Inspection System" . The IBIS check contains records and "watch list" information from many (more than 20) law inforcement and intelligence agencies. It also includes persons who are on wanted list or under investigation for serious crime.

Hope this helps.

 

[skyhigh7]

Congradulations, Emta

Dear all,

Just to report my status. I had my Oath Ceremony today and became a US citizen.

Thank you so much for all the help and support I've got here. It's a wonderfull thread, wonderful people.

I wish everybody the best in your cases.

Emta, are you in Northern CA, central CA or southern CA district?

 

[boston_case]

return of service

Hi, I will file tomorrow. Just wonder how to
file "return of service". I think I will use the
certified mail to send the summons+ complaints
to all defs. then should I file the return of servie?
or how to do so?

Hi Rob,
After you file the case in the Boston Federal court, you can serve US attorney the same day by hand (9th floor)
Then send the copy of summons+ complaint+exhibits to defs via certified mail return receipt. After you get the return receipt (I got only from Boston district office and Attorney General's office) but you can use printouts from tracking page from usps.com and once all the defs are served file the return of service with the court and send a copy to us attorney.

Hope this helps

 

[LegalAlien99]

Hello needsolution,

IBIS stands for "Integracy Border Inspection System" . The IBIS check contains records and "watch list" information from many (more than 20) law inforcement and intelligence agencies. It also includes persons who are on wanted list or under investigation for serious crime.

Hope this helps.

Hi there!

IBIS OK means no hit.

IBIS POS means a hit; either a true positive or a false negative.

Cheers!

Legal

 

[rob waiter]

b-case,

you are a great person. I went for info pass the other day. The officer
sincerely hinted that the only way to solve the issue is "thru a legal route".
so I try to go to waterfront today.

Hi Rob,
After you file the case in the Boston Federal court, you can serve US attorney the same day by hand (9th floor)
Then send the copy of summons+ complaint+exhibits to defs via certified mail return receipt. After you get the return receipt (I got only from Boston district office and Attorney General's office) but you can use printouts from tracking page from usps.com and once all the defs are served file the return of service with the court and send a copy to us attorney.

Hope this helps

 

[PendingN400]

Questions for Ombudsman

I was thinking of posing following questions for CIS Ombudsman. Others should submit their own variants.

1. Why is that FBI can not follow First-in-First-Out policy? How fair is it for pending applicants to wait for years when new submissions are processed within a week. It’s not as if FBI is attentive to cases that remain pending beyond 6 months.
2. Have you verified the veracity of claims made by FBI that only 1% of the cases remain pending beyond 6 months? These claims are made in legal depositions and in various statements to news reporters. If only 1% of cases remain pending beyond 6 months, why is that at any time current backlog for naturalization applications hovers over half a million, vast majority of which is pending for years? If only half a million applications are filed each year, for the backlog to get so huge, the name checks that remain pending must far exceed the 1%.
3. Why is that those name checks that remain pending beyond 6 months, are left within the “forgotten” basket? Why is it that the FBI is not made accountable and forced to process pending name checks within a reasonable time limit? What right do they have to process new name check submissions when they have a massive backlog of older name checks? You must appreciate the plight of pending applicants when millions of other new applicants get approved first. Try and apply for a government benefit and see how it feels to be simply “forgotten”.
4. You expect applicants to demonstrate good moral character and abide by laws of United States. Why is it that CIS can not follow US laws when it fails to adjudicate hundreds of thousands of applications within 120 days of naturalization interview? The 8 USC 1447 (b) is routinely violated by USCIS and applicants are forced to file lawsuit within federal district courts and seek judicial decisions. This is both expensive, time consuming and quite stressful on new citizens.
5. Since there is a backlog – why can’t FBI increase man power to reduce the backlog? Why don’t you accept say an expedite fee from applicants (anything under $350 would be reasonable since that is the fee charged by courts for civil cases) to have their names processed? CIS now does this for faster processing of work visas.

 

[syt]

Where you file 1447b complaint, you will be scheduled a case management conference, this is depended on your district court. If you can't make it with this schedule, you can re-schedule it. Usually, district schedule this conference 2 ~ 4 month after filing.

From the other side, AUSA will try to contact with the plaintiff by phone in North California. They will leave message for the plaintiff. However, they are not rush to close a case and they will try to contact with the plaintiff few days later if they don't get answer from the plaintiff. AUSA can't close a case without your agree and signature. Few days delay won't hurt your case. If you still worry about missing something, leave you cell phone number for your case. You can be in touch even on vacation.

Have a nice vacation.

Syt, Thanks for your timly answer. what do you mean by re-schedule beforehand?

In your case, less than 2 weeks after you mail the return receipt to court, your case is terminated. What if something like this happen to me, and I am not here and not aware of? Thanks for sharing.

 

[ApplyInDenver]

Congradulations

Dear all,

Just to report my status. I had my Oath Ceremony today and became a US citizen.

Thank you so much for all the help and support I've got here. It's a wonderfull thread, wonderful people.

I wish everybody the best in your cases.

Congradulations Emta, you deserve it

On a second note, just update my status with my hearing this morning.
I got to the court early, and chatted with the AUSA, and she was really nice.

When the court session starts, we first introduced ourselfs to the judge.
Then the judge ask the AUSA if she has new status to report.

AUSA : "yes, USCIS has sent an expedite request on 09/13, and it's right now in the hands of FBI, and the FBI has to do all the name check because ... "
JUDGE: "I am tired of these goverment agencies making excuses, isn't there a statutory requirement to get this finished in 120 days?"
AUSA : " yes, but there is another statue requiring USCIS finish the security check first."
JUDGE: "Why should I resolve the conflicting laws here, go back have the congress fix the law."
JUDGE: "The USCIS need to finish their process by Oct. 15th!"
AUSA : (in supprise) "Is this an order?"
JUDGE: "Yes."
AUSA : "FBI process or the naturalization process."
JUDGE: "Naturalization process, isn't it this law suit all about?"
AUSA : "Do you want me to prepare the order."
JUDGE: "Yes, since you can see, he is a Pro Se"

Then the judge talk to me,
JUDGE: "I do have one question for you. Looks like you had some legal help with this, did you do this yourself."
ME : " Yes, their is a Forum on the internet and we shared all the formation and getting advice from each other."
JUDGE smiled

So the hearing last about 15 mins, and after we left the court room, the AUSA congradulated me, and told me this is the first time judge actually ruled, and she will go back tell the defendants. She also mention that the defendants might appeal.

I filed my law suit on 09/01, and served AUSA on 09/05.
The AUSA has till 11/06 to answer BUT the judge ruled to finish by 10/15!

 

[memme]

Congradulations Emta, you deserve it

On a second note, just update my status with my hearing this morning.
I got to the court early, and chatted with the AUSA, and she was really nice.

When the court session starts, we first introduced ourselfs to the judge.
Then the judge ask the AUSA if she has new status to report.

AUSA : "yes, USCIS has sent an expedite request on 09/13, and it's right now in the hands of FBI, and the FBI has to do all the name check because ... "
JUDGE: "I am tired of these goverment agencies making excuses, isn't there a statutory requirement to get this finished in 120 days?"
AUSA : " yes, but there is another statue requiring USCIS finish the security check first."
JUDGE: "Why should I resolve the conflicting laws here, go back have the congress fix the law."
JUDGE: "The USCIS need to finish their process by Oct. 15th!"
AUSA : (in supprise) "Is this an order?"
JUDGE: "Yes."
AUSA : "FBI process or the naturalization process."
JUDGE: "Naturalization process, isn't it this law suit all about?"
AUSA : "Do you want me to prepare the order."
JUDGE: "Yes, since you can see, he is a Pro Se"

Then the judge talk to me,
JUDGE: "I do have one question for you. Looks like you had some legal help with this, did you do this yourself."
ME : " Yes, their is a Forum on the internet and we shared all the formation and getting advice from each other."
JUDGE smiled

So the hearing last about 15 mins, and after we left the court room, the AUSA congradulated me, and told me this is the first time judge actually ruled, and she will go back tell the defendants. She also mention that the defendants might appeal.

I filed my law suit on 09/01, and served AUSA on 09/05.
The AUSA has till 11/06 to answer BUT the judge ruled to finish by 10/15!

Highly postitive experience I guess. I enjoyed reading this. Congratulations and thanks for sharing this with us.

 

[edgrapes]

Was happy to read your post

Very nice experience in the court, congratulations!
I hope every judge will behave the same way.

Please, keep us posted.

 

[memme]

Travelling overseas after filing

Dear Friends,

I filed my AOS lawsuit on 9/12. My 60-day period ends on 11/14. I am going to travel overseas for 2 weeks from 10/14 to 10/28. Is there anything that might happen during this period for which my presence in the country is needed? Do I have to notify court or the local US attorney? Pls let me know your opinions.

 

[ApplyInDenver]

Dear Friends,

I filed my AOS lawsuit on 9/12. My 60-day period ends on 11/14. I am going to travel overseas for 2 weeks from 10/14 to 10/28. Is there anything that might happen during this period for which my presence in the country is needed? Do I have to notify court or the local US attorney? Pls let me know your opinions.

If it's just 2 weeks, I think you are OK. check with the local rules, I think usually you have 20 days to respond if AUSA filed any initial Motion to anything, and you only leave for 2 weeks. I don't know if you will have access to internet but if you do, you can always check the status on any filing with PACER too.

Good Luck.

 

[avs94]

Update

I would like to thank everybody on this forum for the useful information. I did not post a lot and visited rarely because I did not feel I have enough knowledge to add much to this discussion and I am not one of the folks checking their mail daily for a letter from USCIS - I think this can drive anyone nuts... I decided to sue because I had similar delay experience with I-485 before and it took 5-6 years for no good reason so I had no belief in wasting time writing to congressmen et al.

The whole process was pretty much as most people described. I was surprised by how fast US Attorney Office responded and asked me to dismiss so USCIS can make a decision within 30 days. You can see the details in my signature. USCIS took all its time, nearly 30 days passed till I got the oath letter. Can't say it worried me a lot since they would really be in bad situation if they did not make a decision in time.

I will be happy to answer any questions if I can help in anything. Good luck to everybody!

 

[Mr LA]

Congradulations Emta, you deserve it

On a second note, just update my status with my hearing this morning.
I got to the court early, and chatted with the AUSA, and she was really nice.

When the court session starts, we first introduced ourselfs to the judge.
Then the judge ask the AUSA if she has new status to report.

AUSA : "yes, USCIS has sent an expedite request on 09/13, and it's right now in the hands of FBI, and the FBI has to do all the name check because ... "
JUDGE: "I am tired of these goverment agencies making excuses, isn't there a statutory requirement to get this finished in 120 days?"
AUSA : " yes, but there is another statue requiring USCIS finish the security check first."
JUDGE: "Why should I resolve the conflicting laws here, go back have the congress fix the law."
JUDGE: "The USCIS need to finish their process by Oct. 15th!"
AUSA : (in supprise) "Is this an order?"
JUDGE: "Yes."
AUSA : "FBI process or the naturalization process."
JUDGE: "Naturalization process, isn't it this law suit all about?"
AUSA : "Do you want me to prepare the order."
JUDGE: "Yes, since you can see, he is a Pro Se"

Then the judge talk to me,
JUDGE: "I do have one question for you. Looks like you had some legal help with this, did you do this yourself."
ME : " Yes, their is a Forum on the internet and we shared all the formation and getting advice from each other."
JUDGE smiled

So the hearing last about 15 mins, and after we left the court room, the AUSA congradulated me, and told me this is the first time judge actually ruled, and she will go back tell the defendants. She also mention that the defendants might appeal.

I filed my law suit on 09/01, and served AUSA on 09/05.
The AUSA has till 11/06 to answer BUT the judge ruled to finish by 10/15!

Congradulations my friend ....

 

[syt]

Yes! The Judge said "It is an order." That is, nobody can against the law, even the government. That is why I love USA.

Congradulations Emta, you deserve it

On a second note, just update my status with my hearing this morning.
I got to the court early, and chatted with the AUSA, and she was really nice.

When the court session starts, we first introduced ourselfs to the judge.
Then the judge ask the AUSA if she has new status to report.

AUSA : "yes, USCIS has sent an expedite request on 09/13, and it's right now in the hands of FBI, and the FBI has to do all the name check because ... "
JUDGE: "I am tired of these goverment agencies making excuses, isn't there a statutory requirement to get this finished in 120 days?"
AUSA : " yes, but there is another statue requiring USCIS finish the security check first."
JUDGE: "Why should I resolve the conflicting laws here, go back have the congress fix the law."
JUDGE: "The USCIS need to finish their process by Oct. 15th!"
AUSA : (in supprise) "Is this an order?"
JUDGE: "Yes."
AUSA : "FBI process or the naturalization process."
JUDGE: "Naturalization process, isn't it this law suit all about?"
AUSA : "Do you want me to prepare the order."
JUDGE: "Yes, since you can see, he is a Pro Se"

Then the judge talk to me,
JUDGE: "I do have one question for you. Looks like you had some legal help with this, did you do this yourself."
ME : " Yes, their is a Forum on the internet and we shared all the formation and getting advice from each other."
JUDGE smiled

So the hearing last about 15 mins, and after we left the court room, the AUSA congradulated me, and told me this is the first time judge actually ruled, and she will go back tell the defendants. She also mention that the defendants might appeal.

I filed my law suit on 09/01, and served AUSA on 09/05.
The AUSA has till 11/06 to answer BUT the judge ruled to finish by 10/15!

 

[syt]

Memme,

I think it is OK to contact with US attorney around 10/12 (30 days after filing). If your case has been assigned, you can talk to AUSA and let him/her know your situation. Everything will be OK.

syt

Dear Friends,

I filed my AOS lawsuit on 9/12. My 60-day period ends on 11/14. I am going to travel overseas for 2 weeks from 10/14 to 10/28. Is there anything that might happen during this period for which my presence in the country is needed? Do I have to notify court or the local US attorney? Pls let me know your opinions.

 

[lotechguy]

Congradulations Emta, you deserve it

On a second note, just update my status with my hearing this morning.
I got to the court early, and chatted with the AUSA, and she was really nice.

When the court session starts, we first introduced ourselfs to the judge.
Then the judge ask the AUSA if she has new status to report.

AUSA : "yes, USCIS has sent an expedite request on 09/13, and it's right now in the hands of FBI, and the FBI has to do all the name check because ... "
JUDGE: "I am tired of these goverment agencies making excuses, isn't there a statutory requirement to get this finished in 120 days?"
AUSA : " yes, but there is another statue requiring USCIS finish the security check first."
JUDGE: "Why should I resolve the conflicting laws here, go back have the congress fix the law."
JUDGE: "The USCIS need to finish their process by Oct. 15th!"
AUSA : (in supprise) "Is this an order?"
JUDGE: "Yes."
AUSA : "FBI process or the naturalization process."
JUDGE: "Naturalization process, isn't it this law suit all about?"
AUSA : "Do you want me to prepare the order."
JUDGE: "Yes, since you can see, he is a Pro Se"

Then the judge talk to me,
JUDGE: "I do have one question for you. Looks like you had some legal help with this, did you do this yourself."
ME : " Yes, their is a Forum on the internet and we shared all the formation and getting advice from each other."
JUDGE smiled

So the hearing last about 15 mins, and after we left the court room, the AUSA congradulated me, and told me this is the first time judge actually ruled, and she will go back tell the defendants. She also mention that the defendants might appeal.

I filed my law suit on 09/01, and served AUSA on 09/05.
The AUSA has till 11/06 to answer BUT the judge ruled to finish by 10/15!

Great Going ApplyInDenver. You got a great judge! I am stuck in name check 120 days runs out Oct 15, planning to file 1447(b) at end of 120 days.

 

[rob waiter]

I filed my case in Boston today. The clerks were very friendly and helpful.
Served the USD attorney the same day.

Will mail out the summons to 5 parties tomorrow.