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

[springbranch]

Where is the money going?

http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_06-06_Nov05.pdf

I haven't read the whole report but according to this report that can be reached clicking the URL above;

-USCIS submitted 1.9 million fingerprints at a cost of $31.9 million in FY 2004
-USCIS submitted 1.5 million names at a cost of $6.0 million in FY 2004.

So that explains how wisely money spent. $4 per name check. Out of $400 application fee just $4 goes to check the name.

God! I need your help to comprehend what is going on at USCIS!!!!!!!!!

 

[lenscrafterslen]

my local court doesn't accept printout either and i never received from FBI either. the clerk said she would accept the ones that i got, and i can just keep a printout of FBI one for future reference.

in any case, talk to your pro se clerk. i found her helpful in my district.

Hi Paz!
I checked with my local court and they accept only the green slips for proof of service and do not accept the USPS print outs. I have received mine from USA as well as all from Washington except from FBI. What do I need to do?

 

[paz1960]

Your knowledge makes me feel more relaxed. I have stuck in NC for 3 years and missed a number of career opportunities. What do you think I should do if they come back again asking for more time? Thank you.

I certainly would try to talk to AUSA first and try to assess what are the chances that my case would be completed during the next requested extension period. If they signal that they would complete your case, the judge most likely would grant them anyway the second extension even if you don't agree. Depending on the case load in your district court, if the judge orders a hearing, it can take months till you reach the trial, so one more month extension would be still faster (assuming that they really adjudicate your case by the end of the extension). But all of this is mostly speculation, wait and see what will happen at the next stage. My prediction is that your case will be adjudicated till the hearing, or at least the name check will be done.

 

[paz1960]

Thanks Paz
I appreciate any update about this case.
Do you think I am doing teh right thing? should I trust a guy that has history of lying to both me and other people just because his assistnat sent me an email saying that they may be able to schedule my oath ceremony????

Hello hayyyoot,
Please find attached a STIPULATION TO DISMISS CASE WITHOUT PREJUDICE FOR THE PURPOSE OF REMAND TO THE AGENCY in a case from the Eastern District of Michigan. I think that it is a good model what you should propose to the AUSA to agree and submit together to the court. In your case you should change the 80 days to 30 days.

 

[paz1960]

Thanks Paz
I appreciate any update about this case.
Do you think I am doing teh right thing? should I trust a guy that has history of lying to both me and other people just because his assistnat sent me an email saying that they may be able to schedule my oath ceremony????

OK, I found a reference in US v. Hovsepian to the Sze v. INS case you are looking for. The section in the file I attached is marked in red. You probably can use it to oppose the defendants reasoning where they use Sze v. INS. Also, you will find the correct citation of this case, it was published in the Federal Register, and it is a 9th circuit court decision.

 

[tomshen99a]

I filed 1447(b)

Chicago
Priority Date 2/10/2006
Interview Date 6/8 and passed , only thing to wait is name/background check

infopass on 10/4: I was told that background check was completed on 9/14/2006.

infopass on 11/17:
Today I was told my file was moved to "to-be-processed" category from "waiting for background check" category on 10/20/2006..
And confirmed that background check was completed on 9/14/2006

infopass on 12/1/2006:
I was told by a different officer: background check WAS NOT completed !
My case is pending, dont know how long it will take...


On 12/4, I filed civil case based on 1447(b)

Any one, Any thoughts ?

 

[mwang1976]

Question on LUD

Hi Friends,

I am wondering if LUD of your cases change during the WOM. If there is update, is it a good sign of your case being processed? Thanks much.


mwang1976

 

[gmlvsk]

After submitting case you don't get summons till judge review the case.
Is that normal? I was reading on this thread you get summons immediately.

 

[paz1960]

After submitting case you don't get summons till judge review the case.
Is that normal? I was reading on this thread you get summons immediately.

This depends on the local rules. In some districts the judge reviews first the Pro Se complaints to see if satisfies the formal requirements before issueing the summonses. From what I saw till now, this is the case in the minority of the courts.

 

[huxf]

Help needed

Thanks guys. I am getting ready to fight after seeing one more victory in my local district. But I got some questions. If you can give me some hints, I would very appreciate.
1) as my understanding, PRO SE can not be used with multiple plaintiffs. But the case, which did win, is a PRO SE case with two plaintiffs. Does that mean my local district has no objection to PRO SE with multiple plaintiffs?

2) If I am the only plaintiff fin the PRO SE, can I request reliefs (approvals) for both my wife and myself?

3) If I am the only plaintiff fin the PRO SE and win, is the CIS going to be very picky on my wife's case?

Thank you very much, guys.

 

[will_get_there1]

No, just seems to be internal housekeeping effort by CIS, FBI name check will still be an issue no matter how efficent system they create for tracking the request / results unless FBI put more resources for NNCP.

END of Darkness???

from http://www.immigration-law.com/
12/05/2006: USCIS Proposes to Operate Centralized Background Check Systems to Reduce Backlogs Effective 01/03/2007

The immigration and naturalization proceedings have witnessed a substantial delays in some cases because of the so-called background check delays. In naturalization proceedings, such backlog has produced a substantial number of federal district court litigation in the form of Mandamus action to force the agency to perform the job.
In order to process and adjudicate immigration proceedings, USCIS conducts three different background checks on applicants/petitioners applying for USCIS benefits: (1) A Federal Bureau of Investigation (FBI) Fingerprint Check, (2) a FBI Name Check, and (3) a Customs and Border Protection (CBP) Treasury Enforcement Communication System/Interagency Border Inspection System (TECS/IBIS) Name Check. In order to assist in this task, USCIS established a new
system of records that will consolidate all background check requests and results on immigration benefit applicants/petitioners. This new system of records is called the Background Check Service (BCS). The Background Check Service allows authorized U.S. Citizenship and Immigration Services representatives to request background checks and access the data stored in the Background Check Service during the adjudication process in order to facilitate informed decision-making. As a centralized repository containing all background check activity, BCS will provide the status and results of background checks required for completion of immigration eligibility petitions and applicationdeterminations from one web-based system to geographically dispersed field offices. This system supports USCIS's initiatives to reduce immigration benefit/petition case backlog and provide significant efficiencies in vetting and resolving the background checks that are required for USCIS benefits. Prior to BCS, information relating to the FBI Fingerprint Checks and the FBI Name Checks were stored in the FD-258 system and FBI Query system respectively.
Information relating to the TECS/IBIS Name Checks was not stored in any system.
USCIS asserts that this consolidated and centralized Background Check Services will contribute to the reduction of backlogs. This established system of records will be effective January 3, 2007 unless comments are received that result in a contrary determination. For the full text of the notice, please click here.

 

[aaron13]

I have the same question

Hi Friends,

I am wondering if LUD of your cases change during the WOM. If there is update, is it a good sign of your case being processed? Thanks much.


mwang1976

My LUD does not change during the WoM period, the AUSA filed a 30-day extension at the end of last month, please see my post yesterday for more details.

 

[s66v]

similar

tomshen

I have a similar timeline as you. PD Feb 2006, stuck in namecheck. Did you file your case PRO SE, or did you use a lawyer ? in either case how much time did it take in case preparation ?

Chicago
Priority Date 2/10/2006
Interview Date 6/8 and passed , only thing to wait is name/background check

infopass on 10/4: I was told that background check was completed on 9/14/2006.

infopass on 11/17:
Today I was told my file was moved to "to-be-processed" category from "waiting for background check" category on 10/20/2006..
And confirmed that background check was completed on 9/14/2006

infopass on 12/1/2006:
I was told by a different officer: background check WAS NOT completed !
My case is pending, dont know how long it will take...


On 12/4, I filed civil case based on 1447(b)

Any one, Any thoughts ?

 

[tomshen99a]

40 hours

I used about 40 hours to read this forum and prepare the case PRO SE.
It is not too hard. Where are you at and did you pass interview yet ?

tomshen

I have a similar timeline as you. PD Feb 2006, stuck in namecheck. Did you file your case PRO SE, or did you use a lawyer ? in either case how much time did it take in case preparation ?

 

[Bushmaster]

Long Time No See...

Hello guys,

I have been busy with work and family over the holidays, and it seems like I will be dropping by once in a while during upcoming holidays.

Please let me know how your cases are doing, Paz, Hayyoott, Mr. La, Screaming Eagle, and others I have been in touch with, either drop a message here, or send a PM, cause I care for you and pray for you.

I have obtained a memorandum from my commander and sent it to the congresspersons. I will post my memorandum here this weekend and let me know what you think about it.

Furthermore, I need to send the memorandum to ATL District Director, but I don't know how and through what channel.

Keep in touch...

 

[swimfitness]

I filed WOM today at the District Court of Northern California

Greetings:

I filed WOM today at the District Court of Northern California. This forum provided ample resources and guidance. I put in together a strong case and I feel confident.

The clerks at the court were not quite helpful, and there were times when I felt overwhelmed, as I was handed several documents to make sense of and adjoin to my case.

I was thrown off by the form that asked me to consent or decline the decision to assign my case to a Magistrate judge as opposed to District Judge. I asked what the difference, and I was cautiously told that the former is faster than the later in terms of processing. I consented. I hope I made the right decision. Any thoughts?

Also, I only included the name of Michael Chertoff using "Et Al" in the summons form only. I did not put the name of the US Attorney General in the summons form in the section "to".

Anyway, I mailed the summons with my case attached certified with Return Receipt to the Defendants and the US Attorney General.

I'm feeling quite tired and a little anxious. I will keep you posted, as the case progresses.

Namaste.

 

[junzhe]

Question about Summons and Return of Service

I'm preparing for my Pro Se 1447(b) case. I have some questions to ask. I appreciate it if anyone can help me out.
1. For the summons, I assume I need to put all defendants in the box that bellow the 'v.' and write each defendant's name and address in the 'To' box and prepare separate summons for each defendant. I also need to prepare a separate summons to serve US Attorney for which I put US Attorney's name and address in the 'To' box. Am I right? Did I miss anything?
2. When filing for 'Return of Service', do I need to attach copies of all the summons? Do I fill out one 'Return of Service' form for all summons or do I fill out multiple ones one for each defendant? What do I put in 'Title'?
Thanks.

 

[paz1960]

Greetings:

I filed WOM today at the District Court of Northern California. This forum provided ample resources and guidance. I put in together a strong case and I feel confident.

The clerks at the court were not quite helpful, and there were times when I felt overwhelmed, as I was handed several documents to make sense of and adjoin to my case.

I was thrown off by the form that asked me to consent or decline the decision to assign my case to a Magistrate judge as opposed to District Judge. I asked what the difference, and I was cautiously told that the former is faster than the later in terms of processing. I consented. I hope I made the right decision. Any thoughts?

Also, I only included the name of Michael Chertoff using "Et Al" in the summons form only. I did not put the name of the US Attorney General in the summons form in the section "to".

Anyway, I mailed the summons with my case attached certified with Return Receipt to the Defendants and the US Attorney General.

I'm feeling quite tired and a little anxious. I will keep you posted, as the case progresses.

Namaste.

Welcome to the "club" (i.e., people who decided to file lawsuit against USCIS). You should be fine with the Magistrate judge, at least this is the opinion what I read before on this forum. You should send a copy of your complaint and a summons also to the US Attorney's Office, Civil Process Clerk; for the district where you filed your case. The US Attorney will be the counsel of the defendants; as a general rule of thumb, whatever you file with the court, you should send a copy also to the US Attorney's office.

The 60 day deadline to answer your complaint by the defendants will be counted from the day (actually, next day) you served the US Attorney's office.

 

[s66v]

yes

Fairfax VA. Interview cleared. Stuck in name check.
Debating PRO SE v/s lawyer. The lawyer I talked to cited Danilov case and said dont do 1447b as I can't win if it goes to court. I'm ready to take my chances. Some people say that if you reach trial stage, hire an attorney.

One question to you, did you visit the district court to get the PRO SE package ? is it available online to download ?

thanks.

I used about 40 hours to read this forum and prepare the case PRO SE.
It is not too hard. Where are you at and did you pass interview yet ?

 

[paz1960]

I'm preparing for my Pro Se 1447(b) case. I have some questions to ask. I appreciate it if anyone can help me out.
1. For the summons, I assume I need to put all defendants in the box that bellow the 'v.' and write each defendant's name and address in the 'To' box and prepare separate summons for each defendant. I also need to prepare a separate summons to serve US Attorney for which I put US Attorney's name and address in the 'To' box. Am I right? Did I miss anything?
2. When filing for 'Return of Service', do I need to attach copies of all the summons? Do I fill out one 'Return of Service' form for all summons or do I fill out multiple ones one for each defendant? What do I put in 'Title'?
Thanks.

1. There are different local rules; in some districts they want you to prepare only one summons and send copies to all the defendants. In my district I had to prepare separate summonses, just as you described. You don't have to put the name of the US Attorney of your district, it is enough to put "US Attorney's Office, Civil Process Clerk; for the district of..." You don't have to serve the USA's office in person, you can mail them the complaint + summons like to the defendants.
2. For the Certificate of Service see a model attached to this post.