Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Not a big deal
I do not think that it is big deal. It is only USCIS internal matter nothing related to law. If you look at following text from Office of Inspector General report at DHS website they are always trying to find ways to deny stalled application instead of fixing problems in the system.
I would recommend to any one who is eligible to apply for 1447(b) or WOM to go ahead and apply before it is too late and you run out of options.
Additionally, USCIS has been pursuing regulatory and statutory options to
expand authority to withhold adjudication and to deny benefits due to national
security concerns. USCIS described the suggested statutory change as
providing the legal basis “to deny any benefit to aliens described in any of the
national security related provisions of inadmissibility or deportability in the
Immigration and Nationality Act (INA), who are the subject of a pending
investigation or case that is material to eligibility for a benefit, or for whom
law enforcement checks have not been conducted and resolved.”33 However,
USCIS has been pursuing similar changes for several years, and staff has no
indication that their approval is imminent.
tomshen99a said:
I do not think that it is big deal. It is only USCIS internal matter nothing related to law. If you look at following text from Office of Inspector General report at DHS website they are always trying to find ways to deny stalled application instead of fixing problems in the system.
I would recommend to any one who is eligible to apply for 1447(b) or WOM to go ahead and apply before it is too late and you run out of options.
Additionally, USCIS has been pursuing regulatory and statutory options to
expand authority to withhold adjudication and to deny benefits due to national
security concerns. USCIS described the suggested statutory change as
providing the legal basis “to deny any benefit to aliens described in any of the
national security related provisions of inadmissibility or deportability in the
Immigration and Nationality Act (INA), who are the subject of a pending
investigation or case that is material to eligibility for a benefit, or for whom
law enforcement checks have not been conducted and resolved.”33 However,
USCIS has been pursuing similar changes for several years, and staff has no
indication that their approval is imminent.
PendingN400
Registered Users (C)
Oath
I took my oath of naturalization today in a highly structured and formal ceremony today. This came about in under one month of filing complaint and serving summons. Everything happened pretty fast for me. I had my second finger prints within a week of filing complaint and a invitation to oath (letter) ceremony in under 2 weeks. The US A even kindly consented to dismiss the complaint after the naturalization ceremony, which I did. He felt that this would give me additional confidence and the subject of jurisdiction was never raised. I wish every one the very best in their struggles. Have faith in the judicial system, but please be prepared. One has to mentally prepare oneself prior to filing a petition for all (potential) subsequent stages of litigation. Without this mettle, you will face a lot of uncertainty. I feel absolutely no sense of triumph, only relief that I did not encounter hurdles in my way.
My recommendation to everyone would be to read this forum carefully, download attachments and read these, document all attempts at resolving immigration matters via administrative appeals and only then file a petition. For 1447(b), time may not be of essence (passage since 120 days), but I do feel that you must have exhausted all available means. In my case, I wrote letters, contacted congressman, obtained "no records" letter using FOIPA, ensured that name check was actually pending, several INFOPASS appoinments etc. Once I had collected cases where either the jurisdiction issues or the remand issues were well addressed, I felt confident to go ahead and file a petition.
Thanks to every one in the forum.
I took my oath of naturalization today in a highly structured and formal ceremony today. This came about in under one month of filing complaint and serving summons. Everything happened pretty fast for me. I had my second finger prints within a week of filing complaint and a invitation to oath (letter) ceremony in under 2 weeks. The US A even kindly consented to dismiss the complaint after the naturalization ceremony, which I did. He felt that this would give me additional confidence and the subject of jurisdiction was never raised. I wish every one the very best in their struggles. Have faith in the judicial system, but please be prepared. One has to mentally prepare oneself prior to filing a petition for all (potential) subsequent stages of litigation. Without this mettle, you will face a lot of uncertainty. I feel absolutely no sense of triumph, only relief that I did not encounter hurdles in my way.
My recommendation to everyone would be to read this forum carefully, download attachments and read these, document all attempts at resolving immigration matters via administrative appeals and only then file a petition. For 1447(b), time may not be of essence (passage since 120 days), but I do feel that you must have exhausted all available means. In my case, I wrote letters, contacted congressman, obtained "no records" letter using FOIPA, ensured that name check was actually pending, several INFOPASS appoinments etc. Once I had collected cases where either the jurisdiction issues or the remand issues were well addressed, I felt confident to go ahead and file a petition.
Thanks to every one in the forum.
I just called the US attorney who was assigned to my case. The overall conversation was very pleasant. He sounds like a nice guy. He said there is another lawyer in Nebraska who is assigned to my case as well and the lawyer in Nebraska requested the expedite for my name check to FBI back in Nov. 27th (I filed my case on Nov. 20th). He said there is nothing at this point for him to do except wait till Jan. 27th if nothing happens. I assume that is a very good news, right? What else should I do?
Quick Question on "Steps to take to file a lawsuit"
Hi,
I have a Quick Question on "Steps to take to file a lawsuit" in the front page
I have filed my complain to district court, and Served the complaint + summons to all defendants and US atty office via CERTIFIED MAIL.
Right now, I got return receipt from US atty office.
I have the question of the following statement
"File the return receipt with the court, and send a copy to the US atty office."
My question is:
1. Shall I mail the copy of return receipt from US atty office with court or wait all the return receipt from all my defendants?
2. When I send copy to the US atty office, it that means I mail the copy of return receipt from US atty office to US atty office again? Shall I put something also?
Hi,
I have a Quick Question on "Steps to take to file a lawsuit" in the front page
I have filed my complain to district court, and Served the complaint + summons to all defendants and US atty office via CERTIFIED MAIL.
Right now, I got return receipt from US atty office.
I have the question of the following statement
"File the return receipt with the court, and send a copy to the US atty office."
My question is:
1. Shall I mail the copy of return receipt from US atty office with court or wait all the return receipt from all my defendants?
2. When I send copy to the US atty office, it that means I mail the copy of return receipt from US atty office to US atty office again? Shall I put something also?
US attorney conversation
I talked to my US attorney about my case few minutes ago. He explained me what he did about my case. According to him he pushed FBI to finish Name check. He said that all he can do is tell FBI to finish it as soon as possible but if they can not process Name check by 60 days he will file motion to dismiss or if I allow him ask for extension.
According to him all he can do is call them and check on this name check Plus when name check is complete he can get results faxed directly to person handling my case at USCIS to cut time.
he asked me if I am willing to withdraw case if we can finish name check and process application. Which I said I am willing to do as long as I see progress from USCIS.
I talked to my US attorney about my case few minutes ago. He explained me what he did about my case. According to him he pushed FBI to finish Name check. He said that all he can do is tell FBI to finish it as soon as possible but if they can not process Name check by 60 days he will file motion to dismiss or if I allow him ask for extension.
According to him all he can do is call them and check on this name check Plus when name check is complete he can get results faxed directly to person handling my case at USCIS to cut time.
he asked me if I am willing to withdraw case if we can finish name check and process application. Which I said I am willing to do as long as I see progress from USCIS.
tomshen99a
Registered Users (C)
Good luck to you !
Good luck to you.. Hopefully your case will be approved very soon. Giving 30 days extension is not a bad idea if needed !
Good luck to you.. Hopefully your case will be approved very soon. Giving 30 days extension is not a bad idea if needed !
wenlock said:
betaMichigan
Registered Users (C)
I have a question, I filed WOM on November 28th through my attorney. The US attorney has been served.
He still has not recieved signature confirmation from other defendants.
My question are:
1. How long does it usually take to get signature confirmation from the defendants?
2. How long will it take for a US government Attorney to be assigned to case?
3. My lawyer is lazy, is it possible I can contact and talk to the US attorney or they wont talk to me?
Thanks!
He still has not recieved signature confirmation from other defendants.
My question are:
1. How long does it usually take to get signature confirmation from the defendants?
2. How long will it take for a US government Attorney to be assigned to case?
3. My lawyer is lazy, is it possible I can contact and talk to the US attorney or they wont talk to me?
Thanks!
springbranch
Registered Users (C)
You'll be a citizen soon.
Seems like they are working on your case. Hope you'll put the whole name check process disaster behind and move on with your life in near future.
Good luck.
wenlock said:
Seems like they are working on your case. Hope you'll put the whole name check process disaster behind and move on with your life in near future.
Good luck.
tomshen99a
Registered Users (C)
Just Talked to AUSA. Only ONE WEEK between FILING 1447B and APPROVAL ! Record Speed !
All,
I just got a call from AUSA 20 minutes ago. I was told my naturalization case was approved. The immigration officer is going to mail the oath letter to me tonight. I filed civil law suit last Monday 12/4/2006. Today is 12/12/2006. Only one week + 1 day. Probably it is the new record on this forum.
I really want to thank everyone here on this forum. Without you and the forum, I would not be able to make this happen. Special thanks to Paz1960. Thank you for your posts and the email answering my questions.
Keep your spirit up and don't lose your sleep !!! Good luck to everyone here !
Here is the Recap:
Priority Date: 2/10/2006
Interview Date: 6/8/2006 -- interview was passed -- name check pending
infopass 9/1 - name check pending
infopass 10/4 - name check finished , I did not ask what day it was completed
infopass 11/2 - name check finished on 9/14/2006.. my case still was not processed
infopass 11/17 name check finished on 9/14/2006.. my case still was not processed
infopass 12/1 name check PENDING.. uscis does not know how long it will take. It may take a few years ! I was told a different story after 3 months waiting. what is the hell !
12/4 I filed civil case based on 1477b
12/11 By calling US attorney office, I found out who my AUSA is. I left a message in AUSA's voice mail. She called back in 1 hour. I explained my situation to her. She was very very nice. She promised to call USCIS next day and talk to the manager.
12/12 I just got a call around 2:30 pm today from AUSA. She told me my name check was completed on 9/14/2006 and no one had taken care of my file since name check was completed. (why? not important any more -
) The USCIS manager asked immigration officier to complete my case today and send out oath letter today. I promise to AUSA that I will dismiss the civil case after receiving oath letter.
My dilemma will be over soon after taking the oath !!
PRAISE TO GOD !
All,
I just got a call from AUSA 20 minutes ago. I was told my naturalization case was approved. The immigration officer is going to mail the oath letter to me tonight. I filed civil law suit last Monday 12/4/2006. Today is 12/12/2006. Only one week + 1 day. Probably it is the new record on this forum.
I really want to thank everyone here on this forum. Without you and the forum, I would not be able to make this happen. Special thanks to Paz1960. Thank you for your posts and the email answering my questions.
Keep your spirit up and don't lose your sleep !!! Good luck to everyone here !
Here is the Recap:
Priority Date: 2/10/2006
Interview Date: 6/8/2006 -- interview was passed -- name check pending
infopass 9/1 - name check pending
infopass 10/4 - name check finished , I did not ask what day it was completed
infopass 11/2 - name check finished on 9/14/2006.. my case still was not processed
infopass 11/17 name check finished on 9/14/2006.. my case still was not processed
infopass 12/1 name check PENDING.. uscis does not know how long it will take. It may take a few years ! I was told a different story after 3 months waiting. what is the hell !
12/4 I filed civil case based on 1477b
12/11 By calling US attorney office, I found out who my AUSA is. I left a message in AUSA's voice mail. She called back in 1 hour. I explained my situation to her. She was very very nice. She promised to call USCIS next day and talk to the manager.
12/12 I just got a call around 2:30 pm today from AUSA. She told me my name check was completed on 9/14/2006 and no one had taken care of my file since name check was completed. (why? not important any more -
) The USCIS manager asked immigration officier to complete my case today and send out oath letter today. I promise to AUSA that I will dismiss the civil case after receiving oath letter.My dilemma will be over soon after taking the oath !!
PRAISE TO GOD !
Congratulation on speedy results.tomshen99a said:All,
I just got a call from AUSA 20 minutes ago. I was told my naturalization case was approved. The immigration officer is going to mail the oath letter to me tonight. I filed civil law suit last Monday 12/4/2006. Today is 12/12/2006. Only one week + 1 day. Probably it is the new record on this forum.
I really want to thank everyone here on this forum. Without you and the forum, I would not be able to make this happen. Special thanks to Paz1960. Thank you for your posts and the email answering my questions.
Keep your spirit up and don't lose your sleep !!! Good luck to everyone here !
Here is the Recap:
Priority Date: 2/10/2006
Interview Date: 6/8/2006 -- interview was passed -- name check pending
infopass 9/1 - name check pending
infopass 10/4 - name check finished , I did not ask what day it was completed
infopass 11/2 - name check finished on 9/14/2006.. my case still was not processed
infopass 11/17 name check finished on 9/14/2006.. my case still was not processed
infopass 12/1 name check PENDING.. uscis does not know how long it will take. It may take a few years ! I was told a different story after 3 months waiting. what is the hell !
12/4 I filed civil case based on 1477b
12/11 By calling US attorney office, I found out who my AUSA is. I left a message in AUSA's voice mail. She called back in 1 hour. I explained my situation to her. She was very very nice. She promised to call USCIS next day and talk to the manager.
12/12 I just got a call around 2:30 pm today from AUSA. She told me my name check was completed on 9/14/2006 and no one had taken care of my file since name check was completed. (why? not important any more -
My dilemma will be over soon after taking the oath !!
PRAISE TO GOD !
Question about expediate name check
I don't post a lot but I read almost every post in the past few months. I filed my 1447b case in early September, however no luck so far. I already had the 2nd 30 day extension which will be in January 2007.
I called my AUSA several times. She is a nice lady and told me she already sent the request to expediate my name check. She said there's a huge backlog for those expediate name checks, which in my understanding there's a separate queue for the expdiated ones. So for most of the time, our cases are waiting in line to be checked / processed. However, I found many cases which were filed later than mine in the same district, but already got resolved.
I'm so confused and feel so bad. I don't think there're many people on this forum filed in September but still pending as of today. I always ask myself to be patient, but I really don't know what's going on??? Please help!!! Any idea, input will be appreciated
I don't post a lot but I read almost every post in the past few months. I filed my 1447b case in early September, however no luck so far. I already had the 2nd 30 day extension which will be in January 2007.
I called my AUSA several times. She is a nice lady and told me she already sent the request to expediate my name check. She said there's a huge backlog for those expediate name checks, which in my understanding there's a separate queue for the expdiated ones. So for most of the time, our cases are waiting in line to be checked / processed. However, I found many cases which were filed later than mine in the same district, but already got resolved.
I'm so confused and feel so bad. I don't think there're many people on this forum filed in September but still pending as of today. I always ask myself to be patient, but I really don't know what's going on??? Please help!!! Any idea, input will be appreciated
Congradulations, Tom. This is a new record.
do you mind share which district you filed your case?
Enjoy the victory!
Sky
do you mind share which district you filed your case?
Enjoy the victory!
Sky
tomshen99a said:All,
I just got a call from AUSA 20 minutes ago. I was told my naturalization case was approved. The immigration officer is going to mail the oath letter to me tonight. I filed civil law suit last Monday 12/4/2006. Today is 12/12/2006. Only one week + 1 day. Probably it is the new record on this forum.
I really want to thank everyone here on this forum. Without you and the forum, I would not be able to make this happen. Special thanks to Paz1960. Thank you for your posts and the email answering my questions.
Keep your spirit up and don't lose your sleep !!! Good luck to everyone here !
Here is the Recap:
Priority Date: 2/10/2006
Interview Date: 6/8/2006 -- interview was passed -- name check pending
infopass 9/1 - name check pending
infopass 10/4 - name check finished , I did not ask what day it was completed
infopass 11/2 - name check finished on 9/14/2006.. my case still was not processed
infopass 11/17 name check finished on 9/14/2006.. my case still was not processed
infopass 12/1 name check PENDING.. uscis does not know how long it will take. It may take a few years ! I was told a different story after 3 months waiting. what is the hell !
12/4 I filed civil case based on 1477b
12/11 By calling US attorney office, I found out who my AUSA is. I left a message in AUSA's voice mail. She called back in 1 hour. I explained my situation to her. She was very very nice. She promised to call USCIS next day and talk to the manager.
12/12 I just got a call around 2:30 pm today from AUSA. She told me my name check was completed on 9/14/2006 and no one had taken care of my file since name check was completed. (why? not important any more -
My dilemma will be over soon after taking the oath !!
PRAISE TO GOD !
tomshen99a said:All,
I just got a call from AUSA 20 minutes ago. I was told my naturalization case was approved. The immigration officer is going to mail the oath letter to me tonight. I filed civil law suit last Monday 12/4/2006. Today is 12/12/2006. Only one week + 1 day. Probably it is the new record on this forum.
I really want to thank everyone here on this forum. Without you and the forum, I would not be able to make this happen. Special thanks to Paz1960. Thank you for your posts and the email answering my questions.
Keep your spirit up and don't lose your sleep !!! Good luck to everyone here !
Here is the Recap:
Priority Date: 2/10/2006
Interview Date: 6/8/2006 -- interview was passed -- name check pending
infopass 9/1 - name check pending
infopass 10/4 - name check finished , I did not ask what day it was completed
infopass 11/2 - name check finished on 9/14/2006.. my case still was not processed
infopass 11/17 name check finished on 9/14/2006.. my case still was not processed
infopass 12/1 name check PENDING.. uscis does not know how long it will take. It may take a few years ! I was told a different story after 3 months waiting. what is the hell !
12/4 I filed civil case based on 1477b
12/11 By calling US attorney office, I found out who my AUSA is. I left a message in AUSA's voice mail. She called back in 1 hour. I explained my situation to her. She was very very nice. She promised to call USCIS next day and talk to the manager.
12/12 I just got a call around 2:30 pm today from AUSA. She told me my name check was completed on 9/14/2006 and no one had taken care of my file since name check was completed. (why? not important any more -
My dilemma will be over soon after taking the oath !!
PRAISE TO GOD !
Congratulation, well earned.
Another lesson for the pastards.
Regards,
Moody
Last edited by a moderator:
ApplyInDenver
Registered Users (C)
double check
Go get an Infopass and go to USCIS office, have them verify that they did have sent the expediate request and write down the exact date.
Just make sure they did what they said. Can't really trust these guys.
Good luck.
Go get an Infopass and go to USCIS office, have them verify that they did have sent the expediate request and write down the exact date.
Just make sure they did what they said. Can't really trust these guys.
Good luck.
RWDW said:
Humbledbychk
Registered Users (C)
Done with 1447b & Taken Oath
Hi All,
Just want to update you all about my case. I am proud USC now. Done with OATH after filing 1447b from Chicago.
I want to thank Buggin, Lotchguy, RWDW, Moody, LegalAlign & Publicious ( for showing the path for 1447b ). I am sure due to my euphoria, I missed lot of other people's name but I want to thank them for their help to me on this forum.
This is another victory for 1447b people and just like I used to get excited by my predecessor about their victory, I hope my victory will also gives tou more hope of better tommorow. Stay the course & Keep the faith is my sincere advice.
Those who have not filed the 1447b so far despite qualifing for it - my strong urge to do it ASAP. let me tell you - It works. I understand it's always intimidating thought of going against Big Brother & Sister anywhere in the world but if you have to do : There is no better country in the world than USA where you will get most fair treatment & equal standing in the legal system. So thank your Lucky star and take control of your own Destiny now.
Just some general timeline details ( I don't want to give too specific personal information - I hope everybody will respect that )
1) Applied N-400 in Feb 2006.
2) Had FP in April 2006.
3) Had interview in June 2006 & got stuck in Namecheck.
4) Started writing letter to IO / DO of USCIS Chicago office at regular interval of 4 weeks. Kept copy of the letter / mailing proof.
5) got FOIPA from FBI which as usval came as "No records".
6) Contacted Senator's office for the help and 4 weeks communication trail.
7) Also scheduled 3 Infopass appointments at 10th week, 14th week & 17th week - kept record of it. also called 1-800 number every 2 weeks from 8th week onwards at 2 weeks interval and kep the log of officer name / Date / time / general response etc.
** 4,5,6 & 7 has been done to create documentation as I considered 1447b as realistic possibility and went through the motion. ( If that would have resulted in Namecheck Resolution before 4 month that would have been BONUS ). **
8) Filed 1447b after 4 month deadline with all supporting documentation as Pro Se in October.
9) Got OATH letter mid-November in mail ( which AUSA told me the same day )
10) Took my OATH in December 1st week.
11) Proud US Citizen in the Land of the Free.
I wish everybody very best luck in your situation
Hi All,
Just want to update you all about my case. I am proud USC now. Done with OATH after filing 1447b from Chicago.
I want to thank Buggin, Lotchguy, RWDW, Moody, LegalAlign & Publicious ( for showing the path for 1447b ). I am sure due to my euphoria, I missed lot of other people's name but I want to thank them for their help to me on this forum.
This is another victory for 1447b people and just like I used to get excited by my predecessor about their victory, I hope my victory will also gives tou more hope of better tommorow. Stay the course & Keep the faith is my sincere advice.
Those who have not filed the 1447b so far despite qualifing for it - my strong urge to do it ASAP. let me tell you - It works. I understand it's always intimidating thought of going against Big Brother & Sister anywhere in the world but if you have to do : There is no better country in the world than USA where you will get most fair treatment & equal standing in the legal system. So thank your Lucky star and take control of your own Destiny now.
Just some general timeline details ( I don't want to give too specific personal information - I hope everybody will respect that )
1) Applied N-400 in Feb 2006.
2) Had FP in April 2006.
3) Had interview in June 2006 & got stuck in Namecheck.
4) Started writing letter to IO / DO of USCIS Chicago office at regular interval of 4 weeks. Kept copy of the letter / mailing proof.
5) got FOIPA from FBI which as usval came as "No records".
6) Contacted Senator's office for the help and 4 weeks communication trail.
7) Also scheduled 3 Infopass appointments at 10th week, 14th week & 17th week - kept record of it. also called 1-800 number every 2 weeks from 8th week onwards at 2 weeks interval and kep the log of officer name / Date / time / general response etc.
** 4,5,6 & 7 has been done to create documentation as I considered 1447b as realistic possibility and went through the motion. ( If that would have resulted in Namecheck Resolution before 4 month that would have been BONUS ). **
8) Filed 1447b after 4 month deadline with all supporting documentation as Pro Se in October.
9) Got OATH letter mid-November in mail ( which AUSA told me the same day )
10) Took my OATH in December 1st week.
11) Proud US Citizen in the Land of the Free.
I wish everybody very best luck in your situation
Naturalization
Here is an intresting article from yesterday on the topic. Why we pay 4-5K to lawyers to sue INS?
http://www.denverpost.com/search/ci_4813326
Here is an intresting article from yesterday on the topic. Why we pay 4-5K to lawyers to sue INS?
http://www.denverpost.com/search/ci_4813326
tomshen99a
Registered Users (C)
I am in Chicago
I am in Chicago
I am in Chicago
skyhigh7 said: