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

lovingusa said:
Here are good exhibits that you can put:

1- N-400 Receipt
2- Interview results (Form N-652)
3- any communication exchanges with USCIS ( infopass copies/inquiry letters / responses)
4- Any letters/communication with name check program/responses
5- If congressman/senator was involved, any letters/e-mails received/sent would help
6- FOIPA results(If you have them)
7- print-out from USCIS showing current processing time for your district, which would show how delayed you are

remember always, there's no rule saying what you should put as Exhibit, the whole idea is trying to proof to court:
1- They broke the law, by taking more than 120 days to resolve your case
2- your delay is way out of processing time
3- you did your job by trying to contact USCIS, and it didn't help
4- You are suffering because of this, you can't sponsor close relatives for immigration benefits, you can't register to vote and you can't apply for government jobs that require US citizenship.

Good luck in your fight, and hopefulyy we'll hear good news from you

LovingUSA
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Thanks for your response and other's. I know I currently have the following exhibits.
Form given to me by the officer after interview, stating a decision can not be made yet.
Inquiry to USCIS stating we try to resolve the cases as fast as we can(Yeah right).
I have had info passes but I never made any copies of them (not thinking at the time) and they keep the info pass appointment letter. I dont know how to go about getting copies of those.
I have sent for FOIA to FBI last week, but have not heard anything.
I have contacted my Senator about 4 weeks ago, but I have not heard anything.
Should I wait to get results of FOIA and from Senator's office to inlcude in my exhibits. I feel it would make my case a bit stronger. What you guys think?
Has anyone filed 1447b in the Phoenix metro area, please share your comments.
Thanks
 
bashar82 said:
Judging from the letter posted by Khalafah2000, there may be a major development in the 4th Circuit regarding naturalization applications. Unlike in the 9th Circuit, USCIS retains jurisdiction over an application in the 4th Circuit even after a petition has been filed in court. If the case Etape v. Chertoff (Maryland District/4th Circuit) heads to the appeal, there are two possibilities:
1) 4th Circuit follows the 9th Circuit decision. This is a strong possibility because the standing 4th Circuit decision, Kia v. INS, was based on a case from the 9th circuit, which itself was distinguished and overturned by the 9th Circuit a few years later. The legal argument for Kia v. INS does not exist anymore.
2) 4th Circuit can reaffirm Kia v. INS. In this case, as there is conflict between to circuits, the case may head to the Supreme Court. With the Supreme Court being so conserative, it is hard to predict what the outcome may be. As a conserative court, they may give the government some breathing space. However, as a conserative court, they are more likely to follow the plain language text meaning of the relevant statute which most district courts have interpreted as meaning that the court assumes full jurisdiction.
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Isn't NJ in 3rd Circuit? The case which I had posted is from NJ.
 
ZUR said:
Dear joezhang,

If you search pacer you will find that majority of the people in the Atlanta Northern District Court filed Pro Se, without a lawyer. However, I have seen Charles Kuck filing lots of cases as well in Atlanta. I searched in google for his information and here is what I got.

http://www.eimmlaw.com/
Kuck Charles Attorney
3350 Peachtree Rd NE
Atlanta, GA 30326
(404) 816-8611
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Thank you very much.

I am wondering how you found out the lawyer did lawsuits on name check clearance you mentioned in your posting?
 
Does anyone know how long does it take to get the actual green card in the mail? My case was approved 8/21 and still haven't gotten anything. I received a letter yesterday to go to USCIS so they can stamp my passport.
 
Good luck

Lawsuit is the only way, I believe. Good luck!

billa007 said:
My I-485 is pending since April 2002 (over 4.5 years).

The lastest was that it is pending NameCheck. Then I wrote to Ms Bush which was forwarded to FBI for namecheck. Friday I got a letter from FBI stating that my namecheck was cleared in 2003.

What do I do? USCIS says its namecheck, FBI says it was done long time ago... I am very puzzled and seem to find no solution(other then maybe filing a lawsuit). USCIS never responds to my queries

Any comments/suggessions please?? Thanks.
Click to expand...
 
Dear Billa007

billa007 said:
My I-485 is pending since April 2002 (over 4.5 years).

The lastest was that it is pending NameCheck. Then I wrote to Ms Bush which was forwarded to FBI for namecheck. Friday I got a letter from FBI stating that my namecheck was cleared in 2003.

What do I do? USCIS says its namecheck, FBI says it was done long time ago... I am very puzzled and seem to find no solution(other then maybe filing a lawsuit). USCIS never responds to my queries

Any comments/suggessions please?? Thanks.
Click to expand...
Dear Billa,

I am not good remembering names... but their have been different occasions in this forum where FBI had cleared the name check but USCIS never processed your application... long story short... Be prepared to file your lawsuit... do you homework by reading first 60 - 80 pages on this forum... Read as many real lawsuit complaints as possible... gather your docs chronologically... and prepare your case... ask questuins... don't hurry like me... just be patient... keep reading and writing on this form and ask lots of questions... Good Luck...
 
I went to the Court this morning only to find out that it was closed for Columbus Day. Stupid me! How is your case?

oceanside said:
Lawsuit is the only way, I believe. Good luck!
Click to expand...
 
Mr Haddy,

Do you have any suggestions on what to watch out? Did you mean that we should be more prepared instead of hurrying the case? I think if I wait for several weeks yes I could polish my complaints better, but is it worth waiting if the majority of cases are positive? (From pacer Complaints vary from a few pages to tens of pages, from Pro Se to attorneys, but the results all seem to be good, at least in my area.)

Haddy I plan to file my case tomorrow. Any of your input will be greatly appreciated!

Haddy said:
Dear Billa,

I am not good remembering names... but their have been different occasions in this forum where FBI had cleared the name check but USCIS never processed your application... long story short... Be prepared to file your lawsuit... do you homework by reading first 60 - 80 pages on this forum... Read as many real lawsuit complaints as possible... gather your docs chronologically... and prepare your case... ask questuins... don't hurry like me... just be patient... keep reading and writing on this form and ask lots of questions... Good Luck...
Click to expand...
 
Actual green card

AL11 said:
Does anyone know how long does it take to get the actual green card in the mail? My case was approved 8/21 and still haven't gotten anything. I received a letter yesterday to go to USCIS so they can stamp my passport.
Click to expand...


Hello,

I saw your timeline at your signature. You did your Code 2 Biometrics FP on 08/29, right? Your schedule probably depends on when USCIS recieve your biometrics becuase they need your photo, your index finger print and your signature to make your actual GC. Did you see the GC ordered or GC mailed at your case online information? If you got this information, normally you will recieve your GC within 3-15 days. (Please don't compare to my timeline!) If there is no any update information in 15-30 days after approval, you may contact USCIS to ask. Don't worry, your GC is on the road.

Best wishes!
 
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Question Regarding Response time!

My attorney is ready to file my Writ case. I have a real quick question! Is it law to provide the Defendants 60 days to respond? What if we decide to give the defendants 30 days instead of the normal 60 days?

Does it matter! I would be much obliged for your guys help!
 
contact your congressman

billa007 said:
My I-485 is pending since April 2002 (over 4.5 years).

The lastest was that it is pending NameCheck. Then I wrote to Ms Bush which was forwarded to FBI for namecheck. Friday I got a letter from FBI stating that my namecheck was cleared in 2003.

What do I do? USCIS says its namecheck, FBI says it was done long time ago... I am very puzzled and seem to find no solution(other then maybe filing a lawsuit). USCIS never responds to my queries

Any comments/suggessions please?? Thanks.
Click to expand...

I agree with other members that you may be looking at filing a lawsuit soon. However start by contacting your congressman. He/She will be able to get a written response from USCIS within a month. Here is where the fun start if USCIS sticks to their response that your name is pending namecheck. Then someone is LYING. Your lawsuit then will be guaranteed win. You need to contact your congressman anyway to show in your lawsuit that you exausted all remedies. Good luck this could be fun.
By the way if you get the written response from USCIS and show that either they or FBI are lying, I would take it to the newspaper, TV and any other media and make a small scandal for those idiots, maybe the extra attention would stirr some change.
 
not your choice

betaMichigan said:
My attorney is ready to file my Writ case. I have a real quick question! Is it law to provide the Defendants 60 days to respond? What if we decide to give the defendants 30 days instead of the normal 60 days?

Does it matter! I would be much obliged for your guys help!
Click to expand...

The district court decides how long the defendants have to respond.
Here it is 20 days for private parties and 60 days for government agencies.
Don't ask me why
:rolleyes:
 
Don't wait

khan4nwfp said:
Thanks for your response and other's. I know I currently have the following exhibits.
Form given to me by the officer after interview, stating a decision can not be made yet.
Inquiry to USCIS stating we try to resolve the cases as fast as we can(Yeah right).
I have had info passes but I never made any copies of them (not thinking at the time) and they keep the info pass appointment letter. I dont know how to go about getting copies of those.
I have sent for FOIA to FBI last week, but have not heard anything.
I have contacted my Senator about 4 weeks ago, but I have not heard anything.
Should I wait to get results of FOIA and from Senator's office to inlcude in my exhibits. I feel it would make my case a bit stronger. What you guys think?
Has anyone filed 1447b in the Phoenix metro area, please share your comments.
Thanks
Click to expand...

I think you should file the request but don't wait for the result.
I filed my FOIA and got a receipt from FBI dating Aug 8, and I still have not get the result. The Sanetor's office responded after over a month.
 
I filed under 1447(b) in Central District of California last month, thanks to the ample directions on this website. I'm filing based on having waited 120 days post-examination date for a name check on my N-400 application.

Recently I searched PACER for the past several months and did not find a single other person who had filed under 1447(b). There was no shortage of filings under 1446, but all lawyer-represented.

Is there any reason why no recent pro-se 1447(b) cannot be found in CACD?
 
ApplyInDenver said:
The district court decides how long the defendants have to respond.
Here it is 20 days for private parties and 60 days for government agencies.
Don't ask me why
:rolleyes:
Click to expand...

in your case, how come judge asked for hearing just couple of weeks after USA got served? my serv date is oct 03, anyway, i can get it expedited?
 
going to file a lawsuit on USCIS

Still waiting for my name check to be cleared for the I-485 stage.

Details:

Labor applied : Dec 1, 2001 & approved in Dec 2003
I-140 applied : Feb 2004 & approved in Dec 2004
I-485 applied : Apr 21, 2004

I have contact senator Dianne Feinstein twice and both times I received the standard reply of namecheck pending and please check back after 90 days.
I'm totally exasperated with USCIS and intend to file a lawsuit and drag their a$$ to court. Right now, I'm reading the entire thread. so it may take me a few days to digest all this quality information.

A few questions:
1) I intend to understand the process first. Would the process be quicker if I file thru an attorney?
2) How long can I estimate the process to reach its logical conclusion?
3) Most important, would USCIS take any retribution action against me? Most of my friends have advised me to not to sue USCIS because they might retaliate against me. I figure I have nothing to lose and might as well drag USCIS to court. Is this something I should be worried about at a later stage?

Thanks !
 
ok. I am thinking about preparing my complaint for 1447b & submitting in a few weeks. I am a little worried because I came across a post in which judge pretty much put the ball back in USCIS court stating they should expedite the case as soon as FBI check is completed. To me, it defeats the whole purpose of filing the suit even though he was granted oath.
Will any of you guys look over my complaint once it is prepared. I dont want to do any mistakes and have to redo anything. I dont want to give USCIS any room to budge. Does anyone knows for sure if the same name check is conducted to get the green card? If it is, My green card was done in about 11 months. I will put this in my complaint if thats the case. FBI was able to conduct my name check just fine when it came to green card but now all of a sudden they are gonna take thier sweet time. Totally frustrating. I appreciate any of your responses...
Thanks
 
To my knowledge, the pacer categorized all the 1447(b) lawsuits as 1446 naturalization hearing. They are the same.

Jack

ghelt said:
I filed under 1447(b) in Central District of California last month, thanks to the ample directions on this website. I'm filing based on having waited 120 days post-examination date for a name check on my N-400 application.

Recently I searched PACER for the past several months and did not find a single other person who had filed under 1447(b). There was no shortage of filings under 1446, but all lawyer-represented.

Is there any reason why no recent pro-se 1447(b) cannot be found in CACD?
Click to expand...
 
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