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

Dismissal

Dismissal clearly indicated that USCIS has granted Plaintiff's Immigration application.


hate140delay said:
boston_case,
I dont think you should sweat on this.
But did you put "dismissal without prejudice" in your dismissal? If so you can re-open the case without starting the whole process over.
But I just think its just a rude officer, with a bad hangover, or the spouse beat him up the night before :D
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Boston:

You might want to contact your US Attorney to see what is going on and may be you can get approval letter from him/her.

jack

boston_case said:
Dismissal clearly indicated that USCIS has granted Plaintiff's Immigration application.
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boston_case said:
Dismissal clearly indicated that USCIS has granted Plaintiff's Immigration application.
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Good and you will get your Oath letter.:)
What I have learnt from my lawsuit dismissal was never dismiss the case unless you have proof in your hand that your "Prayer" of your complaint has been fulfilled.
But I have seen many cases where AUSA is guaranteeing to adjudicate the case within a specified time, if the case is dismissed. So for all new filers, if that's what AUSA asks from you, always put "dismiss without Prejudice" in your dismissal.
 
Wom

Does anyone have any information as to how many WOM's have been filed till date and which District offices were served?
Why is the gubberment not noticing these flood of WOM's and taking any action?
 
pissedoffmathew said:
Infopass on 7/2006 - Said USCIS is not responsible for delay in namecheck and probably be completed within two weeks.
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Dear PissedoffMathew, you are lucky they gave you 2 weeks. They always give me 6 months not a day less.
 
Just a few things about my case...

I noticed that my online case status has disappeared, saying The status for this Receipt Number cannot be found at this time in this automated system. Please check your case receipt number to see if it is correct. If you have questions or concerns about your case status, please contact the National Customer Service Center.

Does this mean anything?

Second, I have now decided to bring my AOS/immigration court lawyer who represented me in my removal case back in 2003 back onboard. But I have a question, say we filed the lawsuit, and USCIS seems to be cooperating and promises the judge to finish the case, and once they get the jurisdiction back from the court, they deny my application, what can be done? Now of course there is no reason for a denial, I don't have any criminal record, except the run-in with INS which was resolved by an immigration judge, would they want to avenge our lawsuit by moving to deny the naturalization application for whatever reason they might make up or believe?
 
WOM case filed the District of Massachusetts

I filed a WOM case in the District of Massachusetts for my pending I485. The whole process took less than 10 mins. The clerk was very helpful. I asked her if I should put 60 days for the defedent to respond my compliant. She said that I could leave that blank since the defedent knows this 60 days requirement. I still put the 60 days on the summon and will use Fedex to serve them tomorrow. I also went to 9th floor and gave a copy to US attoney. Hope I will get something, anything back from USCIS. Dealing with USCIS is becoming my worst nightmare and what is worse is that you do not see any ending.

EB2.
PD 07/2001
I140 FD 10/04, AP 01/31/05
I485 FD 10/04 (Pending due to name check)
Last online case updated 09/12 (probaly recieved my letter to change jobs under AC21)
 
Return of service

Hi, Guys,
I mailed certified service of Summon on Sep 16th. After more than two weeks waiting, today received delivery green card from Michael Chertoff, DHS, but with "Service Accepted in Official Capacity Only". Anyone knows why? I mailed summon with court seal on it. Can I just ingore it and file the return with clerk or do I have sent another summon to them?

Thanks,
ApplyN400Dallas
 
Filing 1447(B)

Here's, what I think should be done:

1- Call the federal court in your state and request a ProSe pacakge(most probably it'll be available on the internet somewhere)

2- Read the package carefully

3- Prepare the complaint with exhibits

4- Prepare the coversheet (part of the ProSe Package)

5- Prepare the summons (part of the ProSe Package)

6- Prepare copies (1 copy of cover sheet) + ( 8 copies of complaint + exhibit) + 7 copies of Summons)

7- Go to court (Clerke's office) and (hand over the cover sheet + complaint + summons) wait for instructions

8- I was told that summons should contain names of defendants EXACTLY as they appear on complaint.(I have all summonses read the same, not one for each defendant)

9- on this forum youll find templates for most documents you need (complaint + maybe summons + maybe cover sheet)

10 - read the first 15-20 pages of this forum , they should exmplain everything ...

GOOD LUCK .. YOU CAN DO IT ..
 
Haddy said:
Dear NeedSolution,

I have read your question quite many times... though I am not 1447/natz filer... but the knowledge I have gained from this forum and reading other cases is that you can just name the whole thing of IBIS/name check/fingerprints etc as background checks... You can just refer it to as the back ground check to be completed as it is USCIS's responsibility to ask FBI to complete these background checks with or without offering their own (USCIS) help. I would consider this if I was a pro se... but if you are going thru a lawyer, your lawyers should be able to explain or come up with more concrete solution to your question... I am sorry I am not much of help in this case...
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There are 3 checks done. FBI name check, FBI fingerprint check, IBIS check You are categorizing them all into one category under the "umbrella" of background checks. But you need to remember that not all background checks are performed by FBI.

FBI only performs the FBI name check and FBI fingerprint checks.

IBIS check is done by USCIS. An officer of USCIS runs the IBIS check. If you run a google search on IBIS, you can read about it.
 
dispressmom said:
Today is the due date of my case. I called the U.S. attorney, and she called me back. She said my application is approved, but the words she used in her email is confusing:

Your application for naturalization has been approved.?You are scheduled for a final hearing on November 17, 2006.?Notice of the hearing will not go out for about 3 weeks.?Please advise, as soon as possible, if you are now willing to dismiss your lawsuit, our answer is due today.?I would be happy to fax you a copy of your application showing the approval stamp.

Our conversation is quite happy, she seems relieved too. I asks her to send the copy via mail. She said she has ten days extension to wait for my final decision. I told her as long as I got the mail and make sure my case is approved, I will drop my case soon

My question is:
They use "final hearing" instead of oath ceremony. Please give me some advices. Thank you very much.
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Do not make the mistake of dropping your lawsuit till you are sworn in. You can ask the court to put your lawsuit on ABEYANCE (hold) till after you are sworn in and tell the Assistant US Attorney, you wish to ask the court to put your lawsuit on ABEYANCE. And tell the Assistant US Attorney, only after you are sworn in, you are willing to dismiss the case. What state are you in?
 
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End of the line

Just wanted to send a HUGE thank you to everyone on this forum. All the questions, all the answers, and the dicussions gave me the kowledge and the courage to move ahead with my 1447b filing, exactly 121 days after my interview.

that was August 21st.

Yesterday, I was sworn in as a US Citizen. I still cannot believe it, but I have a certificate to remind me that it really happened. It's the end of a lifetime of immigration uncertainty for me, and i'll never have to look to see when my "documents" expire--and who i should beg for a letter of support from..

Best of luck to everyone filing, and to those still waiting: DO IT.

Here's my 'timeline' ..

N400 Application: November 1st, 2005
Fingerprint: March 10th 2006
Interview: April 20th 2006
1447b: August 21st 2006
Rule 16 conference: September 21st 2006
Oath: October 2nd, 2006
 
i have arrest record and i am afraid to file a lawsuit--what should i do?

anyone have any clue how to go about fighting a record arrest, I was arrested and fined $280 for mismeanor conviction in 1995, it was about 11years now. I have been clean since then, but I am sooo damn afraid that it could backfire on me if I try to fill the lawsuit they can use it against me. I need ideas on how to go about it-- so i do not get introuble

I applied for citizenship in 2001, I went to the interview on 2004, and now is 2006 --still waiting for them to call me for the ceremony. knowing my coviction was minor still I am afraid and i have this butterfly in my stomach, I want it to come out. would 1447 do?---any ideas
 
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Any one applied or is applying in Kings (Brooklyn, NY)

Hi every one,
Did anyone file a WOM in Kings county (Brooklyn, NY)? I would need to learn from your experience before I file mine around 10/21/06.
 
Dismissal

Can there be a problem even after they mention in dismissal that CIS has granted plaintiff's immigration application.

Can they lie to the court/judge with this false information...??

I am very much worried and feeling down today...

needsolution said:
Do not make the mistake of dropping your lawsuit till you are sworn in. You can ask the court to put your lawsuit on ABEYANCE (hold) till after you are sworn in and tell the Assistant US Attorney, you wish to ask the court to put your lawsuit on abeyance, only after you are sworn in, you are willing to dismiss the case. What state are you in?
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B-c,


your worries are very understandable. if your dismissal does not show 'dismiss with prejudice',
you may still be able to reopen it.
I would check with the AUSA
asap and ask for any written document from the USCIS regarding your approval (BTW, approval should be oath letter and nothing else? ).

You are at the last stage of your fight. cheer up.




boston_case said:
Can there be a problem even after they mention in dismissal that CIS has granted plaintiff's immigration application.

Can they lie to the court/judge with this false information...??

I am very much worried and feeling down today...
Click to expand...
 
information needed

Hello Everyone,
I had been away from the forums for while. I wanted to let everyone know that this forum is extremely useful & what makes it that way is by posting your replies and ansewring each other's questions. I have the same problem, i.e my name check pending since 01/05. I have been thinking about 447b. I have contacted my senator and offcourse have been to USCIS several times. As all of you know they cant help us and you get the same answer everytime. I have sent for the FOIA to FBI so I can collect some ammo before filing 447b. I need advise as to should I wait to hear from my senator and include that info combined with FOIA from fbi or should I go ahead and file 447b now. If I was to file 447b now I can only include my inquiry to USCIS, my interview letter and copy of n-400. Would that be enough or do I have more stuff that I can include that I dont know about?
If any of you can find the time to answer, I would appreciate it.
Also looks like if your fingerprints expire, they wont do them untill name check is cleared. That's what I was told since mine have expired. But I was told fingerprints are done quickly......
Thank you
 
nifty97 said:
anyone have any clue how to go about fighting a record arrest, I was arrested and fined $280 for mismeanor conviction in 1995, it was about 11years now. I have been clean since then, but I am sooo damn afraid that it could backfire on me if I try to fill the lawsuit they can use it against me. I need ideas on how to go about it-- so i do not get introuble

I applied for citizenship in 2001, I went to the interview on 2004, and now is 2006 --still waiting for them to call me for the ceremony. knowing my coviction was minor still I am afraid and i have this butterfly in my stomach, I want it to come out. would 1447 do?---any ideas
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You need to find out from a competent immigration lawyer if your conviction would affect you. You applied 5 years ago and they still have not made a decision. Do not be afraid to file a lawsuit if you find out for sure that your conviction would not affect your application. The fact that they have not made a decision yet on your application, make me think that they will not ever make a decision, that is why you have to sue them. Private message me if you have questions and private message me your phone number if you want to talk about it. Bye.
 
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