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

[Haddy]

Thank you...

right now I am going to work but when I come back I will thank every one personally... thank you...

 

[rob waiter]

dear haddy,

congratulations!!!!

this is a beautiful win won by a faithful soul.

Honestly, I do not see what mistakes you have made - you have done
the best you could.

But if there are some technical tricks/experiences you want to share with our new filers, that would be
great as well!

peace out.

right now I am going to work but when I come back I will thank every one personally... thank you...

 

[PendingN400]

Legal Discussion

For few of the posts related to 8 USC 1447(b) remand back to USCIS in Texas, the legal discussion (from DOJ) in attached bulletin is very relevant and should be brought forward as an exhibit if you ever go to the appeals court. Please read this rather lengthy discussions on "Motions on naturalization cases"

We filed in S. Texas and the same thing happened to us. Within 1 day we received a judgement with a remand back to USCIS with no time limit, saying this is not this court's jurisdiction and the 120 days have not passed. We filed a motion to amend and that was denied. We have been told that only 1 judge is dealing with this, I can give you his name if you pm me, and he is giving the same ruling on all the cases. There are currently 5 of us considering a joint appeal to the 5th Circuit court, but honestly, I don't think it will work. We seem basically screwed. If there are any S. Texas filers out there with more positive experiences could you share with us so that we can pass it on to the attorneys??

 

[PendingN400]

Bulletin Link

Sorry the I forgot the link
http://www.usdoj.gov/civil/oil/9news10.pdf

 

[khan4nwfp]

Can someone reply to my post # 5674
Thanks

 

[pineyan3]

Alright friends, this is how it goes.

Please don't jump to conclusions ahead of time.

Disclaimer: Don't lose hopes even if you have made mistakes somewhere in the process. Very famous saying "God Help Those Who Help Themselves".

My hearing was ok... I am not proud of it at all... I think I posted somewhere aroung September 1st or 2nd what happened in my hearing... if not in short... Counsal to the Defendants informed the Judge that the day before hearing he found out that USCIS never requested the FBI expedite request on April 19, 2006 and was requested on the day before hearing. Then the Counsel in short say may be in 2 paragraphs repeated what he mentioned in his Motion to Dismiss. Judge asked my part of the story... and as I have mentioned before I was not prepared for the hearing what to say I just basically answered the best way I could to present why I think my case was stuck an how USCIS was showing irresponsibility and administrative failure to do follow up on my background checks as USCIS is responsible to render services as we pay them to and is responsible for following up with FBI not us the applicants. (Mine was not good at all I mean points were good but I am not a good speaker especially not a public speaker. Any ways in the end Judge spoke few words: Half he took my side and half he took Defendants side... He brought up the fact that we are human beings and should be treated as human beings... but he also sd that I should get a legal help to present my case properly in... he also sd that after reading my complaint and responses he felt like there was some kind of help I was getting and if that was true I should get them to come up and stand for me... when he said that I got confused that how would i be able to ask anyone from this forum to represent me and stand by me... neither I had money to hire a lawyer... (basically I had some mistakes in my original complaint and I did not do good during my hearing as far as my speaking skills are concerned and did not discuss about the laws and cases that supported my complaint) so here I was worried and thinking I dont want the judge to give a ruling that I need to bring a lawyer or legal help to pursue my case... he before closing did ask me what did I want from him he said "so what do you want us to do" ... I respecfully answer that all I need is to please ask the Defendants to process my application as they are processing applications filed after me and getting their background checks done... the Judge sd ok he will see what he can do... and that was it...

Now if you read this you would think that judge granted my case in my favor... but no... Judge dismissed my case stating:

CONCLUSION
The Court does not have subject matter jurisdiction in this case. However, dismissal
will be without prejudice because Plaintiff’s claims, if properly pled, may have merit if the
FBI and USCIS persist in delaying adjudication of Plaintiff’s I-485 petition. Accordingly,
based on all the files, records, and proceedings herein, IT IS HEREBY ORDERED that:
1. Defendants’ Motion to Dismiss (Docket No. 10) is GRANTED;
2. Plaintiff’s Motion for Judgment (Docket No. 19) is DENIED;
3. Plaintiff’s Motion for Hearing (Docket No. 20) is GRANTED; and
4. This case is DISMISSED without prejudice.

Now I think where every thing went wrong for me, like the AUSA was lying about the expedite, AUSA did not want to even consider to take 30 days and get things done, three things went for me... and I think that is where the Counsel for the Defendants really got afraid that he was going to lose... 1) During the hearing I stretched every way I could right from the beginning how USCIS wasted time of this plaintiff by filing the statements that the FBI name check expedite was filed and they did not even bother to follow up on the expedite request... this is what they did while having a case against them in the court... outside the court they tell applicants like this plaintiff only one thing now matter what question is presented to them their answer will be to check back in 6 months... (here judge laughed)... 2) The way Judge brought up the point of fact that we are humanbeings not animals and should be treated like human beings... I think if I was AUSA it could have scared my $#*@ out too... 3) the Judge took full 20 days to respond to the hearing... it could be one thing that he was waiting me to bring in some legal representation before he had made his judgment but I think the Defendant's counsel must have taken it a hint to get things moving before the real judgment was made...

lets move on...

Now, frankly speaking... I beleive that Defendants counsel/USCIS did not request FBI name check expedite request until after 2 weeks after hearing... I beleive on September 15, 2006 was the date where USCIS requested FBI name check expedite for me... I am sure people over here who are some computer literate would agree with me... the system USCIS uses which shows us the status online is directly showing us the result of the activities made on our cases... I have spoken with the AUSA 3 times and all three time the dates changed on my cases I mean only dates not the original message of case status that stayed the same 2 year old message... so when ever the date would change I would know that AUSA had called USCIS to follow upp on my case... the last date did not change until 09/15... it did not change on or around or before or after 08/29 which AUSA claimed that the mistake was corrected and the request was finally sent to FBI... I know some people will not agree with me on this but ths is my observation... because I have created some programs where you don't really have to make any modifications... you can only open a case and the system can show when was the last time your case was opened... so anyways time to move on...

On September 19, saw the Judge final judgement on pacer... very worried... started thinking about really hiring a lawyer not knowing how I would pay the legal fees... found some real good lawyers... emailed them... they replied back... one asked for $7k... one asked for $3k... but could not get my self together to go and meet a lawyer in person... I then was thinking may be it is good that I moved to TX so I don;t have to appeal and after giving USCIS 6 - 12 more months can file again Pro Se or with a lawyer... but anyways time to move on again...

On September 29, I received emails stating that my I-485 and I-130 has been approved and a welcome notice is mailed to me... Today I received an email stating that:

"On October 4, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready."

I was very afraid of checking my mails today because for last 2/3 days I have been checking my mails but was disappointed that no mail from USCIS... I finally checked my mail 1 hour ago and found my approval notice stating that my I-485 has been approved and welcome to the US.

Now, I know I made mistakes and really really I am not very happy about them... but I had to do the best I could... I would please beg and recommend to please do your homework well... read the first 50-60 pages of this forum before filing your complaint... my mistake was that I just read first 3-4 pages and filed my complaint and made mistakes... that is why I resommend to please read 50 - 60 pages before preparing your case... keep it concise and straight and short... and every thing will be ok...

Finally I am out of this Back Ground Check Torture... I knew I have never done any thing wrong... but still the mental stress alone besides other financial and physical issues was too much stressful...

Did you guys see, it can take USCIS only 2 - 3 weeks to finish every thing if they really want to... So please, just stand for yourself... and remember I had to be fair and truth full to my friends here on this forum and that is why I had to put my case results on this forum to make sure that my friends dont make mistakes... trust me I thought and got a lot worried about the responsibility to not put my friends at this forum down by losing this case... but trust me I could not do any better... it is easier to say I could have just withdrawn my case or hired a lawyer... but nothing was easier for me especially with my personal problems I have which unfortunately I can not share... so please once again just keep your comaplint concise to the point and ask a lot of questions... and this is rare but if time comes just be prepared for the hearing... the Judges are here to listen to you and your case... they are not going to blind favor the govt...

Finally I am a Legal Permanent Resident... A Very Very Long journey to an end...

THANK YOU PUBLICUS, MOHAMEDMOHAMED, SUZY, BO, TSA, NEEDSOLUTION, XU, GCMERA, HAPPYBALL, AND THERE ARE SO MANY WHOM I LEARNED FROM... THANK YOU ALL SO MUCH...

THANK YOU ALL MY FRIENDS OF THIS FORUM...

I am going to make sure that I keep coming on this forum and help my friends to not make the mistakes I made... I know some of my friends on this forum will hate me some will support me... I apologize for letting you down in some way but I would say to please look at the bright side I am presenting an example so that my friends do not make mistakes... keep having faith in this justice system... We Will All Win Because We All Are Very Law Abiding and good Citizens of this "WORLD"

GOOD LUCK!!!

Dear Haddy, CONGRATULATIONS!!!!!!!!!!!!!!!!!!!!! Enjoy the glorious victory!!!!
Your story gave me hope as I am struggling with my case, and hopefully I will see the light from the end of the tunnel sometime soon.

 

[cajack]

Congratulations! You made it. Although it is a bumpy ride, you MADE IT. I am proud of you, because you have the guts to fight for your rights. enjoy your victory.

Jack

Alright friends, this is how it goes.

Please don't jump to conclusions ahead of time.

Disclaimer: Don't lose hopes even if you have made mistakes somewhere in the process. Very famous saying "God Help Those Who Help Themselves".

My hearing was ok... I am not proud of it at all... I think I posted somewhere aroung September 1st or 2nd what happened in my hearing... if not in short... Counsal to the Defendants informed the Judge that the day before hearing he found out that USCIS never requested the FBI expedite request on April 19, 2006 and was requested on the day before hearing. Then the Counsel in short say may be in 2 paragraphs repeated what he mentioned in his Motion to Dismiss. Judge asked my part of the story... and as I have mentioned before I was not prepared for the hearing what to say I just basically answered the best way I could to present why I think my case was stuck an how USCIS was showing irresponsibility and administrative failure to do follow up on my background checks as USCIS is responsible to render services as we pay them to and is responsible for following up with FBI not us the applicants. (Mine was not good at all I mean points were good but I am not a good speaker especially not a public speaker. Any ways in the end Judge spoke few words: Half he took my side and half he took Defendants side... He brought up the fact that we are human beings and should be treated as human beings... but he also sd that I should get a legal help to present my case properly in... he also sd that after reading my complaint and responses he felt like there was some kind of help I was getting and if that was true I should get them to come up and stand for me... when he said that I got confused that how would i be able to ask anyone from this forum to represent me and stand by me... neither I had money to hire a lawyer... (basically I had some mistakes in my original complaint and I did not do good during my hearing as far as my speaking skills are concerned and did not discuss about the laws and cases that supported my complaint) so here I was worried and thinking I dont want the judge to give a ruling that I need to bring a lawyer or legal help to pursue my case... he before closing did ask me what did I want from him he said "so what do you want us to do" ... I respecfully answer that all I need is to please ask the Defendants to process my application as they are processing applications filed after me and getting their background checks done... the Judge sd ok he will see what he can do... and that was it...

Now if you read this you would think that judge granted my case in my favor... but no... Judge dismissed my case stating:

CONCLUSION
The Court does not have subject matter jurisdiction in this case. However, dismissal
will be without prejudice because Plaintiff’s claims, if properly pled, may have merit if the
FBI and USCIS persist in delaying adjudication of Plaintiff’s I-485 petition. Accordingly,
based on all the files, records, and proceedings herein, IT IS HEREBY ORDERED that:
1. Defendants’ Motion to Dismiss (Docket No. 10) is GRANTED;
2. Plaintiff’s Motion for Judgment (Docket No. 19) is DENIED;
3. Plaintiff’s Motion for Hearing (Docket No. 20) is GRANTED; and
4. This case is DISMISSED without prejudice.

Now I think where every thing went wrong for me, like the AUSA was lying about the expedite, AUSA did not want to even consider to take 30 days and get things done, three things went for me... and I think that is where the Counsel for the Defendants really got afraid that he was going to lose... 1) During the hearing I stretched every way I could right from the beginning how USCIS wasted time of this plaintiff by filing the statements that the FBI name check expedite was filed and they did not even bother to follow up on the expedite request... this is what they did while having a case against them in the court... outside the court they tell applicants like this plaintiff only one thing now matter what question is presented to them their answer will be to check back in 6 months... (here judge laughed)... 2) The way Judge brought up the point of fact that we are humanbeings not animals and should be treated like human beings... I think if I was AUSA it could have scared my $#*@ out too... 3) the Judge took full 20 days to respond to the hearing... it could be one thing that he was waiting me to bring in some legal representation before he had made his judgment but I think the Defendant's counsel must have taken it a hint to get things moving before the real judgment was made...

lets move on...

Now, frankly speaking... I beleive that Defendants counsel/USCIS did not request FBI name check expedite request until after 2 weeks after hearing... I beleive on September 15, 2006 was the date where USCIS requested FBI name check expedite for me... I am sure people over here who are some computer literate would agree with me... the system USCIS uses which shows us the status online is directly showing us the result of the activities made on our cases... I have spoken with the AUSA 3 times and all three time the dates changed on my cases I mean only dates not the original message of case status that stayed the same 2 year old message... so when ever the date would change I would know that AUSA had called USCIS to follow upp on my case... the last date did not change until 09/15... it did not change on or around or before or after 08/29 which AUSA claimed that the mistake was corrected and the request was finally sent to FBI... I know some people will not agree with me on this but ths is my observation... because I have created some programs where you don't really have to make any modifications... you can only open a case and the system can show when was the last time your case was opened... so anyways time to move on...

On September 19, saw the Judge final judgement on pacer... very worried... started thinking about really hiring a lawyer not knowing how I would pay the legal fees... found some real good lawyers... emailed them... they replied back... one asked for $7k... one asked for $3k... but could not get my self together to go and meet a lawyer in person... I then was thinking may be it is good that I moved to TX so I don;t have to appeal and after giving USCIS 6 - 12 more months can file again Pro Se or with a lawyer... but anyways time to move on again...

On September 29, I received emails stating that my I-485 and I-130 has been approved and a welcome notice is mailed to me... Today I received an email stating that:

"On October 4, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready."

I was very afraid of checking my mails today because for last 2/3 days I have been checking my mails but was disappointed that no mail from USCIS... I finally checked my mail 1 hour ago and found my approval notice stating that my I-485 has been approved and welcome to the US.

Now, I know I made mistakes and really really I am not very happy about them... but I had to do the best I could... I would please beg and recommend to please do your homework well... read the first 50-60 pages of this forum before filing your complaint... my mistake was that I just read first 3-4 pages and filed my complaint and made mistakes... that is why I resommend to please read 50 - 60 pages before preparing your case... keep it concise and straight and short... and every thing will be ok...

Finally I am out of this Back Ground Check Torture... I knew I have never done any thing wrong... but still the mental stress alone besides other financial and physical issues was too much stressful...

Did you guys see, it can take USCIS only 2 - 3 weeks to finish every thing if they really want to... So please, just stand for yourself... and remember I had to be fair and truth full to my friends here on this forum and that is why I had to put my case results on this forum to make sure that my friends dont make mistakes... trust me I thought and got a lot worried about the responsibility to not put my friends at this forum down by losing this case... but trust me I could not do any better... it is easier to say I could have just withdrawn my case or hired a lawyer... but nothing was easier for me especially with my personal problems I have which unfortunately I can not share... so please once again just keep your comaplint concise to the point and ask a lot of questions... and this is rare but if time comes just be prepared for the hearing... the Judges are here to listen to you and your case... they are not going to blind favor the govt...

Finally I am a Legal Permanent Resident... A Very Very Long journey to an end...

THANK YOU PUBLICUS, MOHAMEDMOHAMED, SUZY, BO, TSA, NEEDSOLUTION, XU, GCMERA, HAPPYBALL, AND THERE ARE SO MANY WHOM I LEARNED FROM... THANK YOU ALL SO MUCH...

THANK YOU ALL MY FRIENDS OF THIS FORUM...

I am going to make sure that I keep coming on this forum and help my friends to not make the mistakes I made... I know some of my friends on this forum will hate me some will support me... I apologize for letting you down in some way but I would say to please look at the bright side I am presenting an example so that my friends do not make mistakes... keep having faith in this justice system... We Will All Win Because We All Are Very Law Abiding and good Citizens of this "WORLD"

GOOD LUCK!!!

 

[Calixto]

Finally, 5 days before the deadline, the US attorney answered my complaint. Basically he tried to convice the court that the case should be dismissed. I was going to file a response right away, so I called the pro se office to ask about the time line. Then I was told that actually I should not do anything yet at this moment. The judge will review his answer and decide what to do. Now, I have to wait . I am so ready for this fight. There is one thing though I am not sure. The attorney listed 11 defenses in his answer, if I file an response to that, what kind of format should I follow? Should I reply to each defense or just write up a summary? Anyone kind enough to share experiences?
BTW, aka808, did you hear anything from the US attorney?

I filed a memorandum kind of motion rebuttal. Still waiting

 

[Calixto]

6/9/2006, June - Complain submited
8/14/2006 Defendant file Motion to dismiss (just a day before the 60 days deadline)
9/8/2006 I file Memorandum against the motion
9/22/06 USCIS denies application based on early application( based on wrong date about when i became resident, a gross mistake) and gave 1 month to file a appeal with an Immigration Officer
9/27/06 - File a Motion for Preliminary Injuction, to invalidate the USCIS decision based on Jurisdiction and Wrong data handled by USCIS

Since June the Judge has been mute and it does encourages me at all.

has anybody seen such inaction from a judge before?

Is there any deadline for the Judge to rule?

thanks

Calixto

 

[Texas1234]

Did you serve summons to a local US attorney or just sent a copy of your complaint to him/her? Such a attorney is not a defendant. Am I right?

Looking forward to your response.

****************************

Thank you for your good wishes!
I wrote the complaint and filed it myself. I used complaint examples from PACER. As for contacting US Attorney, when I filed my complaint in court (I did it inperson), I was told to serve summons to a local US Attorney as well. Court's clerk gave me her address. Later on I found US Attorney office telephone number (through google) and asked who is assigned to my case and talked to that person couple of weeks back. I have posted details of that call in this thread recently.

US Attorneys defend US Government in district (not only?) courts. They have offices in every district. So you can find your US Attorney for your place of residence. Or the court's clerk will tell you exactly.
I did send a Complaint Letter to US Attorney 2 months before filing a lawsuit - but it did not help. Only filing an actual lawsuit will make them work on your side (at least till the trial begins).
Good luck!

 

[pineyan3]

thanks for sharing your experience

I filed a memorandum kind of motion rebuttal. Still waiting

I am planning to file a memorandum too. That seems to be the most appropriate thing to do at this moment. Even if the judge shoots me down, at least I tried.
Good luck with your appeal.

 

[said904]

Update good news

Hello

Here is my update, after defendants filed the motion to dissmiss , I filed a response and today I got a report from the judge that the mtion to dissmiss is denied.

I believe that I hve to wait now for either a hearing date or an oath letter (what I hope for)

If defendats filed a motion to dissmiss , do not sit back file a response.

Thanks

 

[maryvams]

Can you please post the response ...that will be helpful

Hello

Here is my update, after defendants filed the motion to dissmiss , I filed a response and today I got a report from the judge that the mtion to dissmiss is denied.

I believe that I hve to wait now for either a hearing date or an oath letter (what I hope for)

If defendats filed a motion to dissmiss , do not sit back file a response.

Thanks

For everyone who gets the motion to dismiss.....

 

[memme]

How to reply an extension request?

It looks like, the AUSA would certainly ask for the extension once 60-day period is over. Please let me know what my action should be in that event?

Do I have to reply? Do we have any pre-set format?

 

[Calixto]

How to reply an extension request?

It looks like, the AUSA would certainly ask for the extension once 60-day period is over. Please let me know what my action should be in that event?

Do I have to reply? Do we have any pre-set format?

Still much time ahead. My take is that is up to the judge to accept it. Same happened to me one week before the 60-day deadline, and surprise, the Attorney did not file for an extension, but a long motion to dismiss instead

 

[lovingusa]

Hello

Here is my update, after defendants filed the motion to dissmiss , I filed a response and today I got a report from the judge that the mtion to dissmiss is denied.

I believe that I hve to wait now for either a hearing date or an oath letter (what I hope for)

If defendats filed a motion to dissmiss , do not sit back file a response.

Thanks

Said904

Please post your response here, it'll be very beneficial for everyubody,

I recommend we should have a seperate forum as inventory for templates,

Any suggestions?

LovingUSA

 

[Haddy]

What is your hearing date...

6/9/2006, June - Complain submited
8/14/2006 Defendant file Motion to dismiss (just a day before the 60 days deadline)
9/8/2006 I file Memorandum against the motion
9/22/06 USCIS denies application based on early application( based on wrong date about when i became resident, a gross mistake) and gave 1 month to file a appeal with an Immigration Officer
9/27/06 - File a Motion for Preliminary Injuction, to invalidate the USCIS decision based on Jurisdiction and Wrong data handled by USCIS

Since June the Judge has been mute and it does encourages me at all.

has anybody seen such inaction from a judge before?

Is there any deadline for the Judge to rule?

thanks

Calixto

Dear Calixto,
The Judge doen't have to make any ruling until after the hearing... I mean the judge is not obligated to but the judges are not always like this... they can make ruling any time... what is your hearing date? if one has not yet set then the judge may make a ruling even before the hearing date set... but I would not worry about that because you did what you were suppose to do... and you did it in a great way... so just sit back and watch... but also keep doing your homework.. keep gathering information like cases where judges have ruled in favor of plaintiffs especially in cases where USCIS made mistakes and judges took care of these USCIS @$$$%^&*... and keep us posted... Good Luck...

 

[happyball]

Did you serve summons to a local US attorney or just sent a copy of your complaint to him/her? Such a attorney is not a defendant. Am I right?

Looking forward to your response.

****************************

Hi,

As I can understand, you should serve a copy of the Complaint and the Summons to your district US attornery as required by federal rule of civil procedure 4(I)(1)(A). And the 60 days start from the day district US attorney recieved your complaint. District US attornery is not your defendant, he or she is the attorney to represent the defendants.

 

[Screaming_Eagle]

Congratulations Haddy

Congratulations Haddy ​

You won the case, you did not make a mistake. Your case got USCIS attention and had them moving. Your case resulted in an expedited namecheck which was the reason for the delay. According to my calculations, you are a winner.

"My friend, Welcome to The United States of America"​

 

[SHAFFI]

I see lots of people miscalculate when the 60-day starts. The government has 60-day to answer a complaint. The 60-day peroid starts from the date of the last defenant served (NOT WHEN THE US ATTORNEY WAS SERVED AS MOST PEOPLE HERE ASSUME).

So, look in your registered mail receipt, and see who was the last person served, and thats when your 60-day starts.

This will help people who filed compaints to know when the 60-day has begun and when it finishes. You dont want to make a mistake of calculating these important day incorrectly.

My lawyers have told me about the 60-day rule and I want people here to be aware.