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

standup said:
I am thinking to agree to dismiss without prejuice so that both the AUSA who is a really nice person and I will not have much to do. If I don't receive the card without the USCIS timeline (3-8 months), I will ask to reopen the case and press the AUSA then. Anybody has better ideas?
Click to expand...
The physical green card would take 3 weeks at the most to reach your mail box! All my friends and all cases i heard about who have similar situation of AOS received the card 2-3 weeks after the stamp, even though the DO people say it could take up to one year!

you will be surprised when you get it sooner than they thought!

Congratulations and Good luck!

Sony
 
how to withdraw a motion?

Hi guys,

I need some help here.

I have my WOM filed quite a while ago with my 485 pending for like 44months.
on 10/11/06, us attorney filed a motion to dismiss and on 10/19/06 I filed
a response.

Question 1: do I need file "proof of service" for my response to their motion?

I also filed a "motion for default judgment" on 10/10/06, the day before the
us attorney filed their motion.

Question 2: how can I withdraw my motion? file a "memo to withdraw my motion"? Do I need file proof of service for everything I filed with court?


Thanks everybody here.
 
Another Happy case


Hi guys

I would like to grateful to this forum. I have never seen this kind of forum where everyone wants to help eagerly and with great passion.

I filed the petition for my brother whose naturalization pending for one and half year.
I prepared the complete petition and respective document for my brother with the help of this forum.

God bless this forum and wish you all the good luck to everyone from this forum.
I am more than happy to help from my experience with this case to anyone from this forum.


Many many thanks for all the heros in this forum to make this happen.


2/11/05: N400 receipt
10/18/05: FP taken
05/25/06: IV. Result Pending FBI name check :mad:
09/07/06: 1447b Filed, Pro Se, in Newark, NJ
09/19/06: Honorable Judge issue order to show cause to defendants
Court gives only 15 days to respond (10/06/06) the order to show cause.
10/06/06: AUSA requests to extend the time line until 10/31/06
10/12/06: AUSA’s request granted until 10/31/06
10/12/06: Received Letter from local district USCIS office to retake FingerPrint.The reason is FP result is expired after 90 days.
10/19/06: Request infopass to appear at local USCIS office
10/19/06: Oath day and USCIS issues Certificate of Naturalization. :) :)
10/20/06: filed motion for voluntary dismissal
 
Congratulations standup, job well done.


standup said:
On 10/6/06, I received the approval letter showing the case was approved on 10/5/06. I went to have my passport stamped on 10/10/06.

I am thinking to agree to dismiss without prejuice so that both the AUSA who is a really nice person and I will not have much to do. If I don't receive the card without the USCIS timeline (3-8 months), I will ask to reopen the case and press the AUSA then. Anybody has better ideas?
Click to expand...
 
phoenixui said:
Question 1: do I need file "proof of service" for my response to their motion?.
Click to expand...

Whenever you filed a document to court, you have to serve the same document to AUSA and submit a proof of service to the court.


phoenixui said:
Question 2: how can I withdraw my motion? file a "memo to withdraw my motion"? Do I need file proof of service for everything I filed with court?
Click to expand...

I do not know how to withdraw a motion from the court, better to call court clerk or case manager. Again you need to serve the AUSA and file proof of service.

Thank you
 
Congratulations immi_info_06, job well done.


immi_info_06 said:
[I would like to grateful to this forum. I have never seen this kind of forum where everyone wants to help eagerly and with great passion.

I filed the petition for my brother whose naturalization pending for one and half year.
I prepared the complete petition and respective document for my brother with the help of this forum.

God bless this forum and wish you all the good luck to everyone from this forum.
I am more than happy to help from my experience with this case to anyone from this forum.


Many many thanks for all the heros in this forum to make this happen.


2/11/05: N400 receipt
10/18/05: FP taken
05/25/06: IV. Result Pending FBI name check :mad:
09/07/06: 1447b Filed, Pro Se, in Newark, NJ
09/19/06: Honorable Judge issue order to show cause to defendants
Court gives only 15 days to respond (10/06/06) the order to show cause.
10/06/06: AUSA requests to extend the time line until 10/31/06
10/12/06: AUSA’s request granted until 10/31/06
10/12/06: Received Letter from local district USCIS office to retake FingerPrint.The reason is FP result is expired after 90 days.
10/19/06: Request infopass to appear at local USCIS office
10/19/06: Oath day and USCIS issues Certificate of Naturalization. :) :)
10/20/06: filed motion for voluntary dismissal
Click to expand...
 
Thanks for sharing.
Which state did you file WOM?


standup said:
My AOS that was filed more than 3 years ago was approved 12 days after filing a WOM. This was impossible without the information and encouragement posted in this forum. I would share my story with everybody especially those who are still struggling due to the delay in the name check process.

After reading the forum for about 2-3 months, I finally made up my mind to file a WOM on 9/23/06. I filed it through Pro Se because of three reasons: 1)I could not filed a lawer who has filed WOM in my district; 2) I though it was too expensive if I hire a out-of-town lawyer; 3) I believed that I could get enough information and templates to file the lawsuit by my self. All the summons were sent out by certified+return receipt mails. Based on the tracking system, both AUSA and USCIS field office received the summons on 9025/06. On 10/6/06, I received the approval letter showing the case was approved on 10/5/06. I went to have my passport stamped on 10/10/06.

On 10/10/06, I also received a letter from AUSA along a copy of the approval letter. The AUSA asked me to withdraw the case because my petition has been approved. Because I think I should not dismiss the case before I receive my green card, I called the AUSA and got touch with him on 10/16/06. He first congratulated me and asked whether I had had everything that I needed. I then told him that I could not dismiss the case without getting the green card. He then told me without hesitation that he is going to find out what he can do. He forwarded the answers from the USCIS to me on the same day saying that it will take 3-8 months to have the green card ready. I replied to him again insisting that I needed the green card. So far, the AUSA has not been able to expedite this process.

I have telled my story in detail hoping that my case will again encourage the people who are still waiting to stand up for their own right. Sometimes, the fight may be easier that you expect. I also hope that people are aware that getting the green card is another battle to fight after the AOS is approved. Because I have not read any similar stories, I will continue to post the progress on my case.

I am thinking to agree to dismiss without prejuice so that both the AUSA who is a really nice person and I will not have much to do. If I don't receive the card without the USCIS timeline (3-8 months), I will ask to reopen the case and press the AUSA then. Anybody has better ideas?
Click to expand...
 
BCIS Files Motion to reopen N400 1 day before oath !!

Hello Gents: here is my story maybe u can advise me on how to proceed, Im actually trying to find a good but reasonable lawyer to file a motion in federal court under 1447 b or 1421 c or both.!! here is my story :

I'm an Alien who been granted adjustment of status through marriage to a US citizen in early 1996. Had convictions that might be CIMT ( Forgery of signature/fraud under $10K, NOT aggrevated felonyfor which the sentence was 5 yr conditional discharge and 3 days time served respectively)in 1989 that were disclosed to INS at the time of adjustment, but the adj. officer at that time told the lawyer that no waiver was necessary. Natz application filed and approved but the USCIS filed a motion to reopen the N400 1 day prior to 3 rd oath ceremony and while I was attending the ceremony( the motion states that under title 8 sec 335.5 we re reconsidering ur N400 we will let u know once we re done..) as the 1st 2 ceremonies occured one week apart while I was on vacation . ( THAT IS after all of these following event: after coming back from a trip to canada the week prior to the ceremony, I was put in removal at the border, but the INS failed to prosecute and the judge closed the case) ( The 3rd ceremony was actually scheduled by USCIS after the judge dismised the removal case). My concern are:
1-This might be a tatic by USCIS to 1st Deny my N400 1st , then try to remove me. bcs maybe they didnt have good chance of removal as it is.
Am I right?
2-I'm thinking seriously to file a motion in federal court under 1447 b , and 1421 c for a hearing to grant Natz (as to take the authority of granting my citizenship from the hands of USCIS, thus preventing them from denying the case and reintiating a removal care against me ). how sucessful do u think a motion could be given the above circum's? should the removal case that was closed be mentioned in the federal motion? similar federal motions heard in 9 th district ( Calif.) court decided it had EXCLUSIVE authority to determine elegibility after the motion was filed, will 2nd district in NY follow suit? can change of venue be filed at anytime during the motion?
Thnx
 
10/19/06: Request infopass to appear at local USCIS office
10/19/06: Oath day and USCIS issues Certificate of Naturalization.
Click to expand...

Immi Info, you just showed up for a infopass appt, and they said "oh come on in, we are ready for you" ??? Regardless, you rock, now pray for us!
 
Matt, I don't know about the complexity of your case and I defend that everyone who honestly admits a mistake should sincerely be given a second chance, I wish you best wishes in your case, I hope you are able to afford a good lawyer, I know one in Newark area who fought for my removal proceedings 3 years ago and we won, now I am waiting on my N-400 oath day.
 
matt29nyc said:
Hello Gents: here is my story maybe u can advise me on how to proceed, Im actually trying to find a good but reasonable lawyer to file a motion in federal court under 1447 b or 1421 c or both.!! here is my story :

I'm an Alien who been granted adjustment of status through marriage to a US citizen in early 1996. Had convictions that might be CIMT ( Forgery of signature/fraud under $10K, NOT aggrevated felonyfor which the sentence was 5 yr conditional discharge and 3 days time served respectively)in 1989 that were disclosed to INS at the time of adjustment, but the adj. officer at that time told the lawyer that no waiver was necessary. Natz application filed and approved but the USCIS filed a motion to reopen the N400 1 day prior to 3 rd oath ceremony and while I was attending the ceremony( the motion states that under title 8 sec 335.5 we re reconsidering ur N400 we will let u know once we re done..) as the 1st 2 ceremonies occured one week apart while I was on vacation . ( THAT IS after all of these following event: after coming back from a trip to canada the week prior to the ceremony, I was put in removal at the border, but the INS failed to prosecute and the judge closed the case) ( The 3rd ceremony was actually scheduled by USCIS after the judge dismised the removal case). My concern are:
1-This might be a tatic by USCIS to 1st Deny my N400 1st , then try to remove me. bcs maybe they didnt have good chance of removal as it is.
Am I right?
2-I'm thinking seriously to file a motion in federal court under 1447 b , and 1421 c for a hearing to grant Natz (as to take the authority of granting my citizenship from the hands of USCIS, thus preventing them from denying the case and reintiating a removal care against me ). how sucessful do u think a motion could be given the above circum's? should the removal case that was closed be mentioned in the federal motion? similar federal motions heard in 9 th district ( Calif.) court decided it had EXCLUSIVE authority to determine elegibility after the motion was filed, will 2nd district in NY follow suit? can change of venue be filed at anytime during the motion?
Thnx
Click to expand...

hi matt29nyc! The 1447(b) only theoretically gives you a chance that the district court takes over jurisdiction and can adjudicate your case. I diidn't see a single case when the judge acually granted citizenship and administered the oath to the applicant. Although there were many cases where the judge stated clearly that he assumes jurisdiction but ultimately remanded the case for adjudication to USCIS, in the optimum case, with specific timetable. Of course, these where cases (most of them), which were pending because the namecheck was not finished by FBI.

I certainly would not try to file Pro Se if I would be in your case. Even people with totally clean history have hard time to defend their cases because the government is throwing them all kind of tricks. But a good immigration lawyer probably can handle your case and you will have a greater chance of success.
 
Pazz / Bushmaster :

My goal from filing with federal court is to take the jurisdiction out of the hands of BCIS this way if they later decided to reinstate removal , it wouldnt matter.
In any case , what im trying to find time since this is a time sensative issue, when would the court have complete jurisdiction over the case, when the complained is filed? when the summons are filed? when the summons are received by the defendants?

Thnx
 
matt29ncy,

I don't think 1447b will be applicable in your case. It is only applicable when a decision has not been made by USCIS within 120 days of the examination. In fact, it has absolutely nothing to do with the oath being administered (theoretically USCIS can approve your application but hold off from administering the oath for years).

A decision has already been made in your case so USCIS will argue that your case is moot. The fact that USCIS is reconsidering your application does not make their original void.

I honestly don't think your plan will work. But please consult a lawyer to get proper legal advice.
 
Bushmaster said:
Immi Info, you just showed up for a infopass appt, and they said "oh come on in, we are ready for you" ??? Regardless, you rock, now pray for us!
Click to expand...
Hi Bushmaster

on 10/12/06 My bro requested for the infopass appointment, they give him date 10/19/06 to appear for the infopass.

My bro just went to inquire about the case.
By the way When AUSA requested for extended time line, AUSA submit the letter to honorable judge that his name case is complete. The case is in final state. so AUSA got the extended time line until 10/31/06.

With reference from the AUSA letter, my bro took the appointment for the infopass. just to inquire about the case.

When he showed up for the appointment on 10/19/06, clerk as usual told him that his name check is still pending. But my bro showed him the letter of AUSA in which he wrote the court that name check is complete and case is in final stage. After this Clerk showed case to her supervisor and she also show the letter of AUSA.

Supervisor told my bro that she is going to locate the case. after 10 minutes she came up with the file and told my bro that she can do the oath ceremony and issue the cetificate of naturalization. my bro the spent the whole day and at 3 pm on 10/19/06 he received the oath and certificate of naturalization.

The lesson from my case : After filing the petition wait for one month and whatever the documents you have from AUSA, with all this please take appointment for infopass and show to the clerk all the documents from the court and AUSA. This will help to resolve your case.

My pray to everyone of this forum.
 
1 Day Left For Response From Ausa!

I filed 1447(b) in Northern District of Indiana on 8/21, clerk said the 60 days expire on 10/24 and this is what its written in the docket. No response from AUSA, today is 10/23. Should I give them more time, or file right away motion for default judgement? I called the AUSA office and the secretary took my message and told me the AUSA will call me once they assign one on my case, that never happened. I am the first such case in Norhtern District of Indiana, and there are 2 more cases like mine, filed about a month after mine. Again, my question is, what should I do:

1. Wait and give tham more time.
2. File right away motion for default judgement.
3. What else are my choices?

Where can I find a sample of a motion for default judgement to help me prepare mine, I have no idea what its supposed to look like?
 
can I file the lawsuit to CIS & FBI to my N400?

I lived the small city and to find out a good lawer that is not very easy.

my case is
Jan 2005 , filed N-400
May 2005 FP
July 2005 IV
2-15-2005 start to NC
up to today still pending.....
how can do well to my case if I do lawsuit by myself?
what thing need to be careful?
thanks a lot and I got very much the knowledges

best regads
 
Some questions before filing WOM

I am in AOS stage - case is EB-1A and I-140 was approved in Mar 05. The I-485 case was filed in September 04 and fingier print was taken in April 05.

I am in New Jersey and would like to file a WOM against the following defendants:

1. Michael Chertoff, Secretary, DHS
2. Alberto R. Gonzales, AG, US
3. Robert Divine, Acting director, USCIS
4. Paul Novak, director, VSC, USCIS

Is this about right? I am not sure about 3 still being the acting director of USCIS - can anyone confirm?

Also, trying to fill the cover sheet for now. Will have a few questions. I have written the case and now only thing to worry about is the cover page. Tomorrow morning I'll go to NJ district court in Newark to file the case. Should I expect to have the summons right back from the clerk and then serve via certified mail w/ return receipts to all the defendants + AUSA?

Please offer some suggestions if you see something wrong in this plan. This is such a great forum that without this I'd have never thought about filing a suit against the government...
 
I filed mine against:

Alberto R. Gonzales
US Attorney General
US Department of Justice
950 Pensylvania Ave., NW
Washington, DC 20530-0001

Michael Chertoff
Office of the General Counsel
US Department of Homeland Security
Washington, D.C. 20528

Emilio T. Gonzalez, Director of USCIS
Office of the Chief Counsel
U.S. Citizenship and Immigration Services (USCIS)
20 Massachusetts Ave, NW, Rm 4025
Washington, DC 20529

Robert S. Mueller
Director of Federal Bureau of Investigation
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Avenue, NW
Washington, D.C. 20535-0001



icare said:
I am in AOS stage - case is EB-1A and I-140 was approved in Mar 05. The I-485 case was filed in September 04 and fingier print was taken in April 05.

I am in New Jersey and would like to file a WOM against the following defendants:

1. Michael Chertoff, Secretary, DHS
2. Alberto R. Gonzales, AG, US
3. Robert Divine, Acting director, USCIS
4. Paul Novak, director, VSC, USCIS

Is this about right? I am not sure about 3 still being the acting director of USCIS - can anyone confirm?

Also, trying to fill the cover sheet for now. Will have a few questions. I have written the case and now only thing to worry about is the cover page. Tomorrow morning I'll go to NJ district court in Newark to file the case. Should I expect to have the summons right back from the clerk and then serve via certified mail w/ return receipts to all the defendants + AUSA?

Please offer some suggestions if you see something wrong in this plan. This is such a great forum that without this I'd have never thought about filing a suit against the government...
Click to expand...
 
icare said:
I am in AOS stage - case is EB-1A and I-140 was approved in Mar 05. The I-485 case was filed in September 04 and fingier print was taken in April 05.

I am in New Jersey and would like to file a WOM against the following defendants:

1. Michael Chertoff, Secretary, DHS
2. Alberto R. Gonzales, AG, US
3. Robert Divine, Acting director, USCIS
4. Paul Novak, director, VSC, USCIS

Is this about right? I am not sure about 3 still being the acting director of USCIS - can anyone confirm?

Also, trying to fill the cover sheet for now. Will have a few questions. I have written the case and now only thing to worry about is the cover page. Tomorrow morning I'll go to NJ district court in Newark to file the case. Should I expect to have the summons right back from the clerk and then serve via certified mail w/ return receipts to all the defendants + AUSA?

Please offer some suggestions if you see something wrong in this plan. This is such a great forum that without this I'd have never thought about filing a suit against the government...
Click to expand...

Since last Spring, Emilio Gonzales is the Director of USCIS. If your case is pending because the FBI didn't complete your name check, I would add Robert Mueller (the director of FBI) also to the defendants, although is not absolutely necessary. You deal directly with USCIS, they hire FBI to complete the name check (it is a service for fee) so it is not the applicant's problem why these agencies can't cooperate more closely with each other. You should serve a summons and a copy of your complaint also to the US Attorney's office in your district. They will be the counsel for the Defendants.

Good luck, and don't forget, you can't seat back and relax after you filed your case. Keep reading earlier posts on this forum, try to prepare an answer to a memorandum what the AUSA would file to dismiss your case, lack of jurisdiction. If you are lucky, your case will be solved before the AUSA has to act (i.e., before the 60 days are up). But be assured that it is very unlikely that they will ignore your complaint. They either will file for an extension or a Motion to dissmiss lack of jurisdiction or something else. They can do this on the last day, 5 minutes before the business day ends... If you use wisely the coming two months, you will be prepared and will be able to give a good aswer to their motion. There is enough material on this forum which can give you good ammo for your fight. Stay focused and professional. Remember this is not personal, at least from their side. Your case is just a' case' for them, you should take care of yourself (who else if not you?) Try to build a good working relation with the AUSA, they usually are not hostile and they would like to solve your case before goes in front of a judge. Keep us informed, the members can help collectively if you run in some problem.
 
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stoyan79 said:
I filed 1447(b) in Northern District of Indiana on 8/21, clerk said the 60 days expire on 10/24 and this is what its written in the docket. No response from AUSA, today is 10/23. Should I give them more time, or file right away motion for default judgement? I called the AUSA office and the secretary took my message and told me the AUSA will call me once they assign one on my case, that never happened. I am the first such case in Norhtern District of Indiana, and there are 2 more cases like mine, filed about a month after mine. Again, my question is, what should I do:

1. Wait and give tham more time.
2. File right away motion for default judgement.
3. What else are my choices?

Where can I find a sample of a motion for default judgement to help me prepare mine, I have no idea what its supposed to look like?
Click to expand...

You'll see that they will file something in the last minute, either asking for an extension (good thing, because means that they are working on your case, finally; or a Motion to dismiss. Don't panick, stay focused. If they file for an extension, agree (the judge will grant them anyway). If they file a Motion to dismiss, I hope that you already have a draft of your answer. If not, start looking for similar cases to yours, here on this forum. There are many good answers to Motions to dismiss, which actually worked in other courts. The best would be to find similar cases in your court and follow the winners, but as you mentioned, you are the first. Well, somebody has to begin...

I suggest to call the US Attorney's office and talk to the AUSA assigned to your case. Try to find out what are their intentions, try to build a working relationship with them. They are usually not hostile and will try to solve your case before goes in front of the judge.

If they didn't file something after the 60 days are up, and they don't want to talk to you, you should consider to file a motion for default judgement. The reason I believe that chances are small to get a default judgement is that in this case the judge would have to grant you citizenship without the background check is done. No judge in this country, at this moment is willing to take this responsability, I think.
 
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