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

[snorlax]

New member

Dear Friends/Colleagues:

I have been following this great forum for several weeks and have just registered. Just like the most colleagues here I got stuck with this dreaded N-400 Name Check. Encouraged by the success stories found here – great job guys!

Couple of INFOPASS appointments – same “Name Check has not been received form the FBI”. Waiting for FIOPA and answer from congressman office. No answers to e-mails and faxes to FBI so far. Getting ready to file a lawsuit in San Jose, probably 1447b.

Anybody else with the lawsuits in San Jose?

Thanks a lot for sharing your info in this forum!
Cheers!

 

[immi_info_06]

Whaaaaaaat !
I have filed my complaint (WOM i-485) in Newark, NJ. I did not received my summonses from Court yet. I am sueing against Michael Chertoff, Emilio T. Gonzalez, Paul Novak and Robert S. Mueller, III. I did not include Local Director of USCIS. Did I file with wrong court, Should I change the District Court to file? I saw many people who filed with Distrct Court in which the Plaintiff resides in previous pages. All they are include Local Director as defendant?
Is there anyone who won case under this Venue concern?
and one more question
Is Jurisdiction taken over to District Court from USCIS if Wom filed for I-485 just like 1447(b) filed?

In Newark NJ district court, you have to prepare the summons and then clerk is going to sign and stamp on the summons. Newark NJ district court normally does not send summons. if You did not sue the local director USCIS that doesnt make a big difference.

 

[lotechguy]

Well guys, INS answer to the judge' order was due today. They were ordered to render a decision on my N-400 application no later than Monday November 20, 2006. They did it!!!

Despite the fact I have served in the US Army during the war in Iraq, I have received many Military Medals and awards, and the Chief of Staff of the United States Army's Coin of Excellence while I was in Iraq, INS DENIED my citizenship application. I don't know their reasons, but I should receive a letter from them explaining why they deny it and how to appeal.

There is nothing wrong with my background that I can possibly think off. I guess I should adjust my status from a legal resident to "Illegal immigrant" oops, I meant "undocumented immigrant". This way I may get a path to citizenship.

At this point, I am not sure if I want to appeal their decision. They can simply take as long as they want to process my appeal.

Sorry guys, I let you down.... your advice is always welcome.

Sorry to hear this. Its depressing news . However based on your previous posts and whats been going on in your case you should definitley file an appeal. Like Paz said, if you can gather evidence to overcome whatever they point out as your in-eligibilty critera in the decision they should approve you on appeal. Also you had mentioned in your previous posts that they had asked for additional eveidence and scheduled you for interview in October. Maybe think carefully through those events and see if they may need some additional documents that they did not get. I read here that was the case with another person here who had a similar denial and overcame it by showing proof that he had already mailed that document within the time given.

 

[Bushmaster]

if you can gather evidence to overcome whatever they point out as your in-eligibilty critera in the decision they should approve you on appeal.

I have just talked to Screaming Eagle. He has gotten an explanation for his denial. And he has great evidence that CIS denied him WRONGLY and UNFAIRLY for reasons they were IGNORANT about. They denied him for not knowing what he meant.

I am not going to get into much detail because I have not asked his permission to discuss his situation. But LISTEN UP PEOPLE THIS IS CLEAR EVIDENCE THAT USCIS WILL MESS WITH YOU IF THEY WANT TO DO SO. THEY WILL SHOW "Why do figs have seeds" as a reason and DENY YOU. If they want to do so.

More wait for him, more money to spend.

 

[snorlax]

Well guys, INS answer to the judge' order was due today. They were ordered to render a decision on my N-400 application no later than Monday November 20, 2006. They did it!!!

Despite the fact I have served in the US Army during the war in Iraq, I have received many Military Medals and awards, and the Chief of Staff of the United States Army's Coin of Excellence while I was in Iraq, INS DENIED my citizenship application. I don't know their reasons, but I should receive a letter from them explaining why they deny it and how to appeal.

There is nothing wrong with my background that I can possibly think off. I guess I should adjust my status from a legal resident to "Illegal immigrant" oops, I meant "undocumented immigrant". This way I may get a path to citizenship.

At this point, I am not sure if I want to appeal their decision. They can simply take as long as they want to process my appeal.

Sorry guys, I let you down.... your advice is always welcome.

Is not the decision on one's application under the court jurisdiction for as long as the case is not closed? I thought one could argue that the court, not the INS, has the power to adjudicate the case.

 

[Bushmaster]

Screaming Eagle's situation is different, Judge already had remanded back to CIS with instructions to finish the case and they did.

 

[bashar82]

screaming_eagle,
once you find out why it was denied file the appeal. make your case public too.....write to papers and senators. you served this country and it's a bunch of BS that your application was denied.

 

[786riz]

Very sad news, what to say, there already have been said so much. Do not be depressed, do not give up, and keep fighting. Now more money and valuable time will be wasted. Please share your thoughts and next plan of action.
Thank you.

Well guys, INS answer to the judge' order was due today. They were ordered to render a decision on my N-400 application no later than Monday November 20, 2006. They did it!!!

Despite the fact I have served in the US Army during the war in Iraq, I have received many Military Medals and awards, and the Chief of Staff of the United States Army's Coin of Excellence while I was in Iraq, INS DENIED my citizenship application. I don't know their reasons, but I should receive a letter from them explaining why they deny it and how to appeal.

There is nothing wrong with my background that I can possibly think off. I guess I should adjust my status from a legal resident to "Illegal immigrant" oops, I meant "undocumented immigrant". This way I may get a path to citizenship.

At this point, I am not sure if I want to appeal their decision. They can simply take as long as they want to process my appeal.

Sorry guys, I let you down.... your advice is always welcome.

 

[Screaming_Eagle]

Here is the reason guys....

Very sad news, what to say, there already have been said so much. Do not be depressed, do not give up, and keep fighting. Now more money and valuable time will be wasted. Please share your thoughts and next plan of action.
Thank you.

Guys,

Thank you very much for your support and concern. I have just received USCIS decision and reason for denial. It was a very stupid one. It was due to mis-understanding and they thought I lied to them. And clearly they needed more time. They were pressured by the judge to make a decision and they made one. If I appeal it within the next 30 days, I should have a good deal of sucess. At this point, I am not sure I am going to appeal it, but failure is not in my book. I am a screaning eagle after all.

 

[needsolution]

Well guys, INS answer to the judge' order was due today. They were ordered to render a decision on my N-400 application no later than Monday November 20, 2006. They did it!!!

Despite the fact I have served in the US Army during the war in Iraq, I have received many Military Medals and awards, and the Chief of Staff of the United States Army's Coin of Excellence while I was in Iraq, INS DENIED my citizenship application. I don't know their reasons, but I should receive a letter from them explaining why they deny it and how to appeal.

There is nothing wrong with my background that I can possibly think off. I guess I should adjust my status from a legal resident to "Illegal immigrant" oops, I meant "undocumented immigrant". This way I may get a path to citizenship.

At this point, I am not sure if I want to appeal their decision. They can simply take as long as they want to process my appeal.

Sorry guys, I let you down.... your advice is always welcome.

I am very sorry to hear that this happened to you. Hopefully they will not make you wait too long for the appeal.

1-) Could you please tell us what district court you filed your lawsuit in?
2-) Did you file it pro se or with an attorney?
3-) Could you explain to us any possible reasoning of the denial that they may possibly have? In your opinion, what could be the reason or the reasons of this denial? Why did they think you were lying, can you elaborate on it? Do you think that they denied you on purpose so they can as long as they want on the appeal? (Do you think this was their retaliation to you because you sued them?)
4-) What do you mean, you don't know if you want to appeal their decision? You have to exhaust your administrative options, file an appeal first, so you can go back to court under 8 USC 1421(c) or if they deny your appeal also, or if they take too long processing your appeal, then you could file a writ of mandamus.

 

[paz1960]

Guys,

Thank you very much for your support and concern. I have just received USCIS decision and reason for denial. It was a very stupid one. It was due to mis-understanding and they thought I lied to them. And clearly they needed more time. They were pressured by the judge to make a decision and they made one. If I appeal it within the next 30 days, I should have a good deal of sucess. At this point, I am not sure I am going to appeal it, but failure is not in my book. I am a screaning eagle after all.

Screaming_Eagle! Don't even think about giving up and to not appeal your denial! Don't wait 30 days, appeal it ASAP.

 

[Bushmaster]

I am a screaming eagle after all.

 

[Lexis]

Hi all! Just wanted to post this to share the news of my little victory, and hopefully, to give a little encouragement to those who filed their mandamus, or plan to sue to get their green cards. I just received my GC in the mail this week, and still can't believe I made it happen. I am so happy that I found this forum! Thanks so much to all of you who shared their wisdom and advice on this forum.

When Assistant US Attorney called me to discuss the dismissal of my complaint, I asked her whether it was a mere coincidence that my case got approved after I filed for mandamus. She said that it got approved after she contacted the USCIS and pushed them to resolve my case. So it does work, after all! Here's the timeline:

Filed I-485: November, 2005
Fingerprints: January, 2006
Interview: February 14, 2006
Filed Mandamus in the Eastern District of Virginia: October 12, 2006
Received approval notice: November 7, 2006
Received GC in the mail: November 16, 2006

 

[Screaming_Eagle]

Air Assault my friend.

Bushmaster, needsolution, Paz... and everyone,

Thanks again to all of you for your support and encouraging replies. I checked Etape case that went to the circuit court. Etape had a problem with his date of birth (His embassy made a mistake on his new passport). INS used it against him along with claiming he had TWO social security numbers. His case was denied and raised to the circuit court. Unfortunately it took him much longer than 6 months after he appealed it.

Thinking about doing the same as Etape, this may take as long as another year in the circuit court. To save time, money and effort. I have concluded to let go of my lawsuit and file my admin. appeal directly with INS. I will gather more than sufficient evidence to show them their reason for denial was very weak if not stupid. I did not loose my case after all, my lawsuit resulted in expedited name check and got me out of the black hole. Not to mention I got someone's attention too. 5 against one was not a fair fight, but I am not giving up. I am gathering my papers together and will file an appeal next week. Thanks to all of you and remember, "Failure is not an option.".

God bless America

Proud Eagle of the 101st Airborne (AASLT) Divison

 

[ZUR]

I just received this from the congressman:

I am responding to your facsimile inquiry received October 12, 2006, concerning the name check status of Mr. <Bushmaster> for immigration purposes.


A review of the Federal Bureau of Investigation's (FBI's) Name Check Program database concerning this individual revealed that three requests were received from the United States Citizenship and Immigration Services. The submissions were received on July 31, 2003, September 13, 2004, and October 15, 2005, respectively. All three submissions are currently in a pending status.

The FBI is sensitive to the impact of the delays in processing name check requests. At the same time, the consequence of the FBI's mission on homeland security requires that our name check process be primarily focused on an accurate and thorough result. While an exact date for completion of this review cannot be given, please be assured that the results will be made available to the immigration authorities as quickly as possible.

..

Bushmaster,

Can you please tell us why USCIS sent your name check request to FBI at three different occasions? I thought the only time USCIS will send the name check request when the applicant sought a benefit from USCIS. USCIS will do all the required checks including the name check before granting the benefit sought.

 

[zlin]

Hello, Lexis, did you do FOPIA and contact congressman before you filed lawsuit. My 485 Name check was iniciated 1 and half year ago. Now I want to file lawsuit. I sent out my FOPIA and contacted my congressman for a month, still no replies. Can I just file law suit regardlessFOPIA results and congressman's letter? Thanks!

Hi all! Just wanted to post this to share the news of my little victory, and hopefully, to give a little encouragement to those who filed their mandamus, or plan to sue to get their green cards. I just received my GC in the mail this week, and still can't believe I made it happen. I am so happy that I found this forum! Thanks so much to all of you who shared their wisdom and advice on this forum.

When Assistant US Attorney called me to discuss the dismissal of my complaint, I asked her whether it was a mere coincidence that my case got approved after I filed for mandamus. She said that it got approved after she contacted the USCIS and pushed them to resolve my case. So it does work, after all! Here's the timeline:

Filed I-485: November, 2005
Fingerprints: January, 2006
Interview: February 14, 2006
Filed Mandamus in the Eastern District of Virginia: October 12, 2006
Received approval notice: November 7, 2006
Received GC in the mail: November 16, 2006

 

[needsolution]

Bushmaster, needsolution, Paz... and everyone,

Thanks again to all of you for your support and encouraging replies. I checked Etape case that went to the circuit court. Etape had a problem with his date of birth (His embassy made a mistake on his new passport). INS used it against him along with claiming he had TWO social security numbers. His case was denied and raised to the circuit court. Unfortunately it took him much longer than 6 months after he appealed it.

Thinking about doing the same as Etape, this may take as long as another year in the circuit court. To save time, money and effort. I have concluded to let go of my lawsuit and file my admin. appeal directly with INS. I will gather more than sufficient evidence to show them their reason for denial was very weak if not stupid. I did not loose my case after all, my lawsuit resulted in expedited name check and got me out of the black hole. Not to mention I got someone's attention too. 5 against one was not a fair fight, but I am not giving up. I am gathering my papers together and will file an appeal next week. Thanks to all of you and remember, "Failure is not an option.".

God bless America

Proud Eagle of the 101st Airborne (AASLT) Divison

SCREAMING EAGLE: MAKE SURE YOU FILE AN APPEAL WITHIN THE TIME ALLOWED! DO NOT GIVE UP!

 

[paz1960]

Bushmaster, needsolution, Paz... and everyone,

Thanks again to all of you for your support and encouraging replies. I checked Etape case that went to the circuit court. Etape had a problem with his date of birth (His embassy made a mistake on his new passport). INS used it against him along with claiming he had TWO social security numbers. His case was denied and raised to the circuit court. Unfortunately it took him much longer than 6 months after he appealed it.

Thinking about doing the same as Etape, this may take as long as another year in the circuit court. To save time, money and effort. I have concluded to let go of my lawsuit and file my admin. appeal directly with INS. I will gather more than sufficient evidence to show them their reason for denial was very weak if not stupid. I did not loose my case after all, my lawsuit resulted in expedited name check and got me out of the black hole. Not to mention I got someone's attention too. 5 against one was not a fair fight, but I am not giving up. I am gathering my papers together and will file an appeal next week. Thanks to all of you and remember, "Failure is not an option.".

God bless America

Proud Eagle of the 101st Airborne (AASLT) Divison

Dear Screaming_Eagle,
I commend you for the determination and willingness to fight and to not give up. I didn't think that you should appeal your case at the Circuit Court. You should do exactly what you plan; to file an administrative appeal with USCIS. If the denial is upheld by the senior USCIS officer, you should be right back to the district court asking a de novo judicial review of your case based on 8 USC 1421(c). Only if you lose there, you can appeal that decision at the Circuit Court. The reason why I think that appealing at the Circuit Court right now is not even an option, is that the district court had the discretion based on 1447(b) to remand the matter with specific instruction to USCIS and they did it. Remanding the case, jurisdiction went back to USCIS. At this stage there is no legal basis to appeal at the Circuit Court the decision of the lower court (the district court). Personally, I don't believe that you will be back even in the district court. I think that your administrative appeal will be successful like in the case of bashar82 and you will be approved.

 

[Bushmaster]

Bushmaster,

Can you please tell us why USCIS sent your name check request to FBI at three different occasions? I thought the only time USCIS will send the name check request when the applicant sought a benefit from USCIS. USCIS will do all the required checks including the name check before granting the benefit sought.

I wish I could tell you WHY! But I DO NOT KNOW.

July 31, 2003 was when my I-485 was pending before the Immigration Judge.

September 14, 2004 was 2 days before I graduated Basic Training in the Army and I already had my hard copy I-551, the real deal GREEN CARD!

October 15, 2005 seems like THE ONE that is required for N-400 since my Priority date is October 3rd, 2005.

THESE LOSERS granted me AOS, the issued me a green card, they enlisted me in the military WHILE my name checks were pending. And now they decided to HALT?

LONGING FOR A COUNTRY'S CITIZENSHIP AND OBTAINING IT SHOULD BE A PROUD THING TO DO, ONE SHOULD BE HONORED. I JUST HATE IT! THEY KILLED EVERY OUNCE OF INNOCENT THOUGHT IN MY MIND AND EVERY SINGLE HONORABLE DESIRE TOWARDS AMERICAN CITIZENSHIP MY CHARACTER CAN EVER LONG FOR. SCREW THEM and THEIR CITIZENSHIP!

 

[paz1960]

I wish I could tell you WHY! But I DO NOT KNOW.

July 31, 2003 was when my I-485 was pending before the Immigration Judge.

September 14, 2004 was 2 days before I graduated Basic Training in the Army and I already had my hard copy I-551, the real deal GREEN CARD!

October 15, 2005 seems like THE ONE that is required for N-400 since my Priority date is October 3rd, 2005.

THESE LOSERS granted me AOS, the issued me a green card, they enlisted me in the military WHILE my name checks were pending. And now they decided to HALT?

LONGING FOR A COUNTRY'S CITIZENSHIP AND OBTAINING IT SHOULD BE A PROUD THING TO DO, ONE SHOULD BE HONORED. I JUST HATE IT! THEY KILLED EVERY OUNCE OF INNOCENT THOUGHT IN MY MIND AND EVERY SINGLE HONORABLE DESIRE TOWARDS AMERICAN CITIZENSHIP MY CHARACTER CAN EVER LONG FOR. SCREW THEM and THEIR CITIZENSHIP!

Bushmaster, don't let yourself down! There are times when I think same way like you, but somehow I always managed to crawl back and remind myself that this great country is more than a bunch of inefficient bureaucrats...We have to fight and remember Churchill: never, never never give up!