gctarget06
Registered Users (C)
paz1960 said:
Thanks Much paz1960...keep doin the good work Pal...
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Thanks Much paz1960...keep doin the good work Pal...
How do you check teh CIS account? I remember signing up for an accound when I first filed my N-400, but, and I used to check teh application status at first, then, after a while, I started getting a message that teh number I entered cann't be recognized by the system, also, I never ever got an email update, is there a trick to do that?
paz1960 said:
HTML:
Not likely. In most of the cases I saw, the second FP is a good sign, your case is moving now. You were asked for a second FP because the first one expired (valid only 15 months). Sometimes, USCIS calls for a second interview just to verify the correctness of the data they have on file, but most of the cases they adjudicate the application as soon as the background check is complete.i doubt it, I got 2 fingerprint Aug, and I still waiting. I will send my WOM first day of the year......
colonel said:
I based my guess (that 2nd FP is triggered by the name check completion) on a case where Plaintiff posted two letters as exhibits to his complaint. In his letter to USCIS he requested an appointment for the 2nd FP (first already expired). USCIS responded that they will schedule the 2nd FP only after the name check is completed.
This scenario is supported by the recent experience of huxf.
But I realised from colonel's experience that this is not necessary true in all cases. Again an example that it is really difficult to find any logic and clear pattern how USCIS is handling these cases. However, there is a major difference between colonel's case and the others where the 2nd FP was scheduled when the name check was completed. Colonel didn't file yet a lawsuit, the cases where 2nd FP was triggered by the name check completion were all with pending lawsuits agains USCIS. Is this a pattern? Your guess is as good as mine...
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Please see at https://egov.immigration.gov/cris/jsps/index.jsphayyyoot said:
As I mentioned in my previous post in reference to this online case status check, I doubt that this system is up to date; at least not in my case, where even the interview (which happened almost 2 years ago) is not shown.
One140Nov03
Registered Users (C)
We got our I-485 approved today!
Finally we (both my wife and I) got the I-485 approved,
!! I filed my WOM on 10/23, two weeks after junhuaw. In the middle of December, my AUSA told me that the name check was expedited by USCIS and suggested us to extend the case for 60 days. Today we got the email from USCIS regarding this great news. We feel very lucky as we have got all of the help from this forum. Thanks to all who have contributed the postings and paved the road ahead! I wish others who are still waiting for their applications have good luck!
Merry Christmas and Happy New Year!
Cheers!
One140Nov03
================
I-485 Approved: 12/28/2006
WOM (Pro Se in Seattle): 10/23/2006
I-485 RD: 11/17/2003
Finally we (both my wife and I) got the I-485 approved,
!! I filed my WOM on 10/23, two weeks after junhuaw. In the middle of December, my AUSA told me that the name check was expedited by USCIS and suggested us to extend the case for 60 days. Today we got the email from USCIS regarding this great news. We feel very lucky as we have got all of the help from this forum. Thanks to all who have contributed the postings and paved the road ahead! I wish others who are still waiting for their applications have good luck!Merry Christmas and Happy New Year!
Cheers!
One140Nov03
================
I-485 Approved: 12/28/2006
WOM (Pro Se in Seattle): 10/23/2006
I-485 RD: 11/17/2003
Congratulations to both of you. A really good ending of the year 2006 for your family!One140Nov03 said:Finally we (both my wife and I) got the I-485 approved,
Merry Christmas and Happy New Year!
Cheers!
One140Nov03
================
I-485 Approved: 12/28/2006
WOM (Pro Se in Seattle): 10/23/2006
I-485 RD: 11/17/2003
Did you have to go for a second fingerprint? We are trying to figure out some pattern for cases where there is a lawsuit against USCIS and they send a notice for a 2nd FP (if the first one is older than 15 months, the validity of the fingerprints). There is some indication that this is done only after the name check is cleared, but some other users reported that there is no connection between the 2nd FP and name check completion.
Anybody's experience with this issue would be interesting to know.
FP and namecheck status
Received a call from my lawyer that my name check is cleared and approved. My Oath ceremony is on Jan 5th, 2007. Thanks to all who have contributed and wish you all who are still waiting for their approvals.
1st FP 18 July, 2005
Interview 31st Oct, 2005
1447(b) filled Nov 2, 2006
Eastern VA
2nd FP Dec 27, 2006
Name check cleared Dec 29, 2007
Oath Jan 5th, 2007
Received a call from my lawyer that my name check is cleared and approved. My Oath ceremony is on Jan 5th, 2007. Thanks to all who have contributed and wish you all who are still waiting for their approvals.
1st FP 18 July, 2005
Interview 31st Oct, 2005
1447(b) filled Nov 2, 2006
Eastern VA
2nd FP Dec 27, 2006
Name check cleared Dec 29, 2007
Oath Jan 5th, 2007
2nd fingerprint requested
The AUSA told me that my case is approved and my background check has cleared about 45 days after I filed 1447b lawsuit. He told me that in the middle of December, however I have not received anything yet from USCIS. I was worried and I called the 1-800 number today and they told me that I have been scheduled for 2nd fingerprint appointment for January 3rd. I hope I get the fingerprint notice soon, as they told me without the notice I won't be able to go to the appointment. I guess that confirms the theory that 2nd fingerprint appointment is usually triggered from background check clearance. My previous fingerprint appointment was in September 2005.
The AUSA told me that my case is approved and my background check has cleared about 45 days after I filed 1447b lawsuit. He told me that in the middle of December, however I have not received anything yet from USCIS. I was worried and I called the 1-800 number today and they told me that I have been scheduled for 2nd fingerprint appointment for January 3rd. I hope I get the fingerprint notice soon, as they told me without the notice I won't be able to go to the appointment. I guess that confirms the theory that 2nd fingerprint appointment is usually triggered from background check clearance. My previous fingerprint appointment was in September 2005.
update on my case
Hi, Friends:
I got the approval notice and oath date today. so my case is done. well not done done done until sworn in.
I cannot say engough appreciation to Publicus and other early members of this great forum. Without you guys, I wont have done it.
For people still waiting, dont waste any single day, file the lawsuite before
it is too late.
Happy New Year!
Sky
Hi, Friends:
I got the approval notice and oath date today. so my case is done. well not done done done until sworn in.
I cannot say engough appreciation to Publicus and other early members of this great forum. Without you guys, I wont have done it.
For people still waiting, dont waste any single day, file the lawsuite before
it is too late.
Happy New Year!
Sky
My case update
Today I went for my infopass appointment I wanted to follow up for name check as my law suit is pending for more then one month now.
When i went into office I was surprise to see not a single person was in office only security guy and one immigration officer they were killing time. When i went they welcomed me like they were waiting for me. Officer was real nice and friendly he said that I am sorry to say that your name check is still pending. I asked him about my Finger prints as they were expired. He said that they will schedule it when name check will complete but then I said that I have law suit pending in federal court and I do not want to wait for my finger print notice once name check completes. He understood and said that I can not take your finger prints right now but I can schedule it for earliest date possible. He scheduled me for Jan 12th 2007. He said that I will receive notice via mail with in next two three days.
He was free and had lot of time at his hand so I started asking questions about where is my file. He said it is still in Texas service center and not tranfered to local district office. I asked why is that he said that service center do not send file until all background checks are complete. Then I asked how DO schedule people for interview with out A-file he said that ya that is not recommended but in effort to reduce back log they schedule people for naturalization interviews with out A-file. He said that can find enough information about applicant in computer system that they can verify eligibility based on that. I believe this explains Paz1960 situation where his online status was still showing file in Service center even after interview.
Guy was real nice he asked me you look very informative about whole process I told him yes I am stuck in the damn name check and he smilled and said Ya i understand but it is out of his hand.
He said that every District office creates and follow there own rules guidlines are provided by service centers but we are not obligated to follow all operational guidlines District director have authority to stream line process in effort to reduce back log.
He was with INS for 15 year and very nice fellow. He said what are your plans for birthday as he figured it was coming next week. I said I can throw good party if you give me oath letter in gift he smilled and said it is not in my hand.
I also got email from my US attorney asking for 15 day extension he has not heard from FBI. I am planning to agree to extension if needed he has another 20 days before 60 days expire.
I hope things get resolved soon. Congratulations to all those in last few days who got approvals.
Today I went for my infopass appointment I wanted to follow up for name check as my law suit is pending for more then one month now.
When i went into office I was surprise to see not a single person was in office only security guy and one immigration officer they were killing time. When i went they welcomed me like they were waiting for me. Officer was real nice and friendly he said that I am sorry to say that your name check is still pending. I asked him about my Finger prints as they were expired. He said that they will schedule it when name check will complete but then I said that I have law suit pending in federal court and I do not want to wait for my finger print notice once name check completes. He understood and said that I can not take your finger prints right now but I can schedule it for earliest date possible. He scheduled me for Jan 12th 2007. He said that I will receive notice via mail with in next two three days.
He was free and had lot of time at his hand so I started asking questions about where is my file. He said it is still in Texas service center and not tranfered to local district office. I asked why is that he said that service center do not send file until all background checks are complete. Then I asked how DO schedule people for interview with out A-file he said that ya that is not recommended but in effort to reduce back log they schedule people for naturalization interviews with out A-file. He said that can find enough information about applicant in computer system that they can verify eligibility based on that. I believe this explains Paz1960 situation where his online status was still showing file in Service center even after interview.
Guy was real nice he asked me you look very informative about whole process I told him yes I am stuck in the damn name check and he smilled and said Ya i understand but it is out of his hand.
He said that every District office creates and follow there own rules guidlines are provided by service centers but we are not obligated to follow all operational guidlines District director have authority to stream line process in effort to reduce back log.
He was with INS for 15 year and very nice fellow. He said what are your plans for birthday as he figured it was coming next week. I said I can throw good party if you give me oath letter in gift he smilled and said it is not in my hand.
I also got email from my US attorney asking for 15 day extension he has not heard from FBI. I am planning to agree to extension if needed he has another 20 days before 60 days expire.
I hope things get resolved soon. Congratulations to all those in last few days who got approvals.
Very interesting experience, thanks for sharing with us. Looks that not every immigration officer is unfriendly. The info about the 2nd FP received from the IO seems that supports the theory that they schedule this only after name check is done. I would like to believe in this...wenlock said:
Has anyone's case in Maryland been assigned to Deborah Chasanow?
After four years of waiting, finally I have filed my 1447(b) yesterday. I submitted in Maryland, Greenbelt division. My case was assigned to Deborah K Chasanow. Does anyone know what is her position on this issue? What about other Maryland judges?
After four years of waiting, finally I have filed my 1447(b) yesterday. I submitted in Maryland, Greenbelt division. My case was assigned to Deborah K Chasanow. Does anyone know what is her position on this issue? What about other Maryland judges?
case number
Registered Users (C)
question
hello everyone,
i have a quick question. does Ninth Circuit Law, applies to Western District of Virginia, or this court is not under Ninth Circuit? my AUSA filed a motion to dismiss or, alternatively, for remand. i do not know how much influence can have in my case U.S. v. Hovsepian. thanks in advance
hello everyone,
i have a quick question. does Ninth Circuit Law, applies to Western District of Virginia, or this court is not under Ninth Circuit? my AUSA filed a motion to dismiss or, alternatively, for remand. i do not know how much influence can have in my case U.S. v. Hovsepian. thanks in advance
Hi hayyyoot,
Attached is the case in which judge remand the case to CIS without any specific instruction and plaintiff’s attorney filed a motion to reconsider. As I said before in Michigan, almost all of the cases have been remanded without any specific instruction. So, you do not have to worry about much, you do your part well. Again the purpose of theses law suite is to force the CIS to complete background check, if the background check is complete, it means case is very near to be adjuration.
Attached is the case in which judge remand the case to CIS without any specific instruction and plaintiff’s attorney filed a motion to reconsider. As I said before in Michigan, almost all of the cases have been remanded without any specific instruction. So, you do not have to worry about much, you do your part well. Again the purpose of theses law suite is to force the CIS to complete background check, if the background check is complete, it means case is very near to be adjuration.
786riz said:
The 94 U.S. judicial districts are organized into 12 regional circuits, each of which has a United States court of appeals. A court of appeals hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies.case number said:
The Western District of Virginia is part of the 4th Circuit Court. Please see the geographic boundaries of US Courts of Appeal and the US District courts at http://www.uscourts.gov/images/CircuitMap.pdf
As far as I know, only the 9th Circuit Court considered the jurisdiction issue in naturalization lawsuits based on 1447(b). Strictly speaking, their ruling is mandatory only in that circuit. But you certainly can use this ruling (and many other district court decisions from different districts all over the country) to oppose the AUSA's motion to dismiss or remand.
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Hello riz;
Thank you for the info and the attachments, they were interesting to read, I actually have missed the ten days window for reconsideration, plus, my judge is as conservative as can be, he will not side with me against the government regardless of the pleadings I enter, this was the only judge ever to deny a defendant his constitutional right in Freedom of Speech (Judge Kent Dawson In case of Author Irwin Chiff)
Anyways, I am going for an infopass appointment this Friday, and will see if the CIS is planning to adjudicate soon, if not, I am filing for an appeal.
Guys, anybody knows anything about appeals here?
Thank you for the info and the attachments, they were interesting to read, I actually have missed the ten days window for reconsideration, plus, my judge is as conservative as can be, he will not side with me against the government regardless of the pleadings I enter, this was the only judge ever to deny a defendant his constitutional right in Freedom of Speech (Judge Kent Dawson In case of Author Irwin Chiff)
Anyways, I am going for an infopass appointment this Friday, and will see if the CIS is planning to adjudicate soon, if not, I am filing for an appeal.
Guys, anybody knows anything about appeals here?
786riz said:
Decided to file 1447(b) in New York City
First of all, thank you all, and especially paz and aka808 for your help so far...I am at the beginning of the process, so I am sure you'll be hearing lots from me and I will do the best I can to post details of my step by step experience. I will start doing that in this post, but before doing that I have a couple of points that I'd like to raise...
As all of us who have come across this forum can attest, this is an extremely valuable forum. I began reading the first few pages of it (lots of great information by Publicus and early contributors...However, I soon realized that this forum is 500+ pages long...so, I decided to read from page 200 forward, and it took me 3 full days to finish reading the 300+ pages. The first problem is that those pages are full of people congratulating each other and or writing repetitive comments and questions, making it difficult to find relevant and useful information quickly. yes, you can perform a search, but you would miss a lot in those searches. for example, I was shocked to see that there is very little posting and information regarding the busiest district court, the Southern District Court, covering New York City and the NYC offices of the USCIS. Also, one needs to read through at least 100+pages to figure certain basic things, for example the COMPLETE listing of people that need to be served. Lots of people have had successful experiences and they should be the ones posting whom did they list in their suits!!! and one more thing about those who have benefited enormously form this forum and have filed successful suits: Most of them have little or no DETAILED posting of EXACTLY what they did and how they did it...and I mean step by step!. You can do this while your case is pending, or even after the entire process is finished...but why not write a complete post for the benefit of thousands of others whose pain and sufferings you do associate with so closely? (by the way, each posting should include a signature so everyone can distinguish whether the posting is from an N-400 or an I-485 applicant, and which INS office and which District Court are they from, as to make 'search' results more relevant and useful.
Now, my process has begun. After aka808’s response, I went to 500 Pearl Street, room 230 and picked up a Pro Se package. It is not really a package, but a 2-sided sheet of paper that describes how you should file your suit. The clerk asked me what this suit was about and I told her a 1447(b) immigration related case and she said they do not have an immigration-specific form, but they do have a general form that describes the procedure. She told me to bring my typed or neatly-written complaint back to her and after I pay the $350 fee, she will tell me the rest of the procedure, including how to serve, etc.
My first question to the experts of the forum is this: I assume the list of defendants and those that will be served is the same? If so, this is my list and is it correct? Also, everyone on this board refers to a US Attorney in your district (mine is Southern District of New York). There can’t be just one US Attorney for the district…who is he and how do you find his name/address? Michael J. Garcia, One St. Andrews Plaza New York, NY 10007
(212)637-2200
List of defendants & those that will be served:
Alberto Gonzales,
United States Attorney General
US Department of Justice
950 Pennsylvania Ave., NW
Washington, DC 20530-0001
Michael Chertoff,
Secretary of the Department of Homeland Security
Office of the General Counsel
US Department of Homeland Security
Washington, DC20528
Emilio T. Gonzalez, Director of United States Citizenship and Immigration Services
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
Directory of Federal Bureau of Investigation
Office of the General Counsel of the FBI
935 Pennsylvania Ave, NW
Washington, DC 20530-0001
For the Director of USCIS, is it Paul Novak the Director of the Vermont Service Center where I sent my N-400 application, or Director of the New York City office (Federal Plaza) where I had my interview done? I can’t find the name or address of the NYC Director…
Paul Novak
Director, Vermont Service Center
U.S. Citizenship and Immigration Services
75 Lower Welden St.
Saint Albans, Vermont 05479
United States District Court
Southern District of New York
US Attorney
Michael J. Garcia, USA
One St. Andrews Plaza
New York, NY 10007
Web Site | Press Releases (212)637-2200
aka808 said:
First of all, thank you all, and especially paz and aka808 for your help so far...I am at the beginning of the process, so I am sure you'll be hearing lots from me and I will do the best I can to post details of my step by step experience. I will start doing that in this post, but before doing that I have a couple of points that I'd like to raise...
As all of us who have come across this forum can attest, this is an extremely valuable forum. I began reading the first few pages of it (lots of great information by Publicus and early contributors...However, I soon realized that this forum is 500+ pages long...so, I decided to read from page 200 forward, and it took me 3 full days to finish reading the 300+ pages. The first problem is that those pages are full of people congratulating each other and or writing repetitive comments and questions, making it difficult to find relevant and useful information quickly. yes, you can perform a search, but you would miss a lot in those searches. for example, I was shocked to see that there is very little posting and information regarding the busiest district court, the Southern District Court, covering New York City and the NYC offices of the USCIS. Also, one needs to read through at least 100+pages to figure certain basic things, for example the COMPLETE listing of people that need to be served. Lots of people have had successful experiences and they should be the ones posting whom did they list in their suits!!! and one more thing about those who have benefited enormously form this forum and have filed successful suits: Most of them have little or no DETAILED posting of EXACTLY what they did and how they did it...and I mean step by step!. You can do this while your case is pending, or even after the entire process is finished...but why not write a complete post for the benefit of thousands of others whose pain and sufferings you do associate with so closely? (by the way, each posting should include a signature so everyone can distinguish whether the posting is from an N-400 or an I-485 applicant, and which INS office and which District Court are they from, as to make 'search' results more relevant and useful.
Now, my process has begun. After aka808’s response, I went to 500 Pearl Street, room 230 and picked up a Pro Se package. It is not really a package, but a 2-sided sheet of paper that describes how you should file your suit. The clerk asked me what this suit was about and I told her a 1447(b) immigration related case and she said they do not have an immigration-specific form, but they do have a general form that describes the procedure. She told me to bring my typed or neatly-written complaint back to her and after I pay the $350 fee, she will tell me the rest of the procedure, including how to serve, etc.
My first question to the experts of the forum is this: I assume the list of defendants and those that will be served is the same? If so, this is my list and is it correct? Also, everyone on this board refers to a US Attorney in your district (mine is Southern District of New York). There can’t be just one US Attorney for the district…who is he and how do you find his name/address? Michael J. Garcia, One St. Andrews Plaza New York, NY 10007
(212)637-2200
List of defendants & those that will be served:
Alberto Gonzales,
United States Attorney General
US Department of Justice
950 Pennsylvania Ave., NW
Washington, DC 20530-0001
Michael Chertoff,
Secretary of the Department of Homeland Security
Office of the General Counsel
US Department of Homeland Security
Washington, DC20528
Emilio T. Gonzalez, Director of United States Citizenship and Immigration Services
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
Directory of Federal Bureau of Investigation
Office of the General Counsel of the FBI
935 Pennsylvania Ave, NW
Washington, DC 20530-0001
For the Director of USCIS, is it Paul Novak the Director of the Vermont Service Center where I sent my N-400 application, or Director of the New York City office (Federal Plaza) where I had my interview done? I can’t find the name or address of the NYC Director…
Paul Novak
Director, Vermont Service Center
U.S. Citizenship and Immigration Services
75 Lower Welden St.
Saint Albans, Vermont 05479
United States District Court
Southern District of New York
US Attorney
Michael J. Garcia, USA
One St. Andrews Plaza
New York, NY 10007
Web Site | Press Releases (212)637-2200
case number
Registered Users (C)
thank you
Thank you Paz, i was thinking about the 4th circuit since AUSA often cited cases decided in the 4th circuit. i am almost overwhelmed of all this "CIS headache." i have another question, in my pacer is specified that an answer is expected by the January 5, 2006. that means that my counterclaim is due by then? thanks
paz1960 said:
Thank you Paz, i was thinking about the 4th circuit since AUSA often cited cases decided in the 4th circuit. i am almost overwhelmed of all this "CIS headache." i have another question, in my pacer is specified that an answer is expected by the January 5, 2006. that means that my counterclaim is due by then? thanks