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

My Update - Not Very Optimistic :(

Hi All,

I wanted to give a quick update on my case. As of now, my 1447b case been pending for well over 60 days, more than three months. I checked with my attorney's office and they are saying that my lawyer is on vacation and will get on my case after teh 15th of Jan. And I have also checked on Pacer regarding my case, which basically has not moved since after the assignment of AUSA, 10/02/06. There have been no hearings set, strangely enough.

But what seems odd is that in the Summary page, where it used to mention by AUSA's name, now only states AUSA.

Lastly, talking to my attorney's office, they mentioned that there are three types of clearances needed: FBI Check, Name Check and Background. For me, they all seemed synonymous. And they said, that usually Name Check is where the lawsuit helps, but others require longer time. Is this accurate information?

I need advice on what I should do, other than waiting for my attorney. Is anyone else been waiting this long after 1447b filing?

Thanks in advance!
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wom petition for I485

Hi, I am new here. Thank you so much for sharing your knowledge about this fight. I feel I am not alone now. My I485 has been pending for 33 months due to name check and I plan to file wom pro se. My question is do I deed to do all the things suggested such as asking senetor, congressman, FOIPA. I do inquire USCIS 3 times during past 2 years and emailed FBI once for status of my name check. Is that enough? I want to file this as soon as possible since I heard policies might change soon. I am attaching my petition here hoping you guys can give me some advices. Thanks for all of you who share your experience here so that I can make my first step.
 
Luck2007

I seems you and me are in same boat. I like to give you some my personal experience and opinion to your question.
(1) You have to make yourself a strong case; 33 monthes waiting is definitely a strong one, but if you can find out more evidences to support your case, i.e. Did USCIS mixed up your A# or lose your documentation; if you can find out what is the root cause or USCIS mishandling your case, that will be some strong evidences.
(2) You need show Judges (and AUSA) that except sue these bastards, you run out all other options, that include: senators, infopass, etc. when you go to court, definitely, you need show some evidences. you have to ask yourself what I have as evidence not just my statement.
I dont know what else to tell, but when you start these process, you will find more evidence to support your case. 33 monthes waiting is quit long, it must be something wrong!! I like to share all info with you. Good Luck!
 
I am on the same boat -- transfer to local on Dec., Nothing happened so far (except LUD was Jan 2, 2007).

I am thinking to do infopass again. Have you done that since
you case transferred to local? Will that be helpful? Thx


lenscrafterslen said:
thanks. i did not call local uscis. don't even know their number.

i came back from the court yesterday. it was just like someone said--the AUSA requested an extension and the judge granted it. it was actually very friendly. the AUSA chatted with us for about 10-15 minutes and said that he totally understood our situation and would try his best to speed up the process.
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boondi said:
Hi All,

I wanted to give a quick update on my case. As of now, my 1447b case been pending for well over 60 days, more than three months. I checked with my attorney's office and they are saying that my lawyer is on vacation and will get on my case after teh 15th of Jan. And I have also checked on Pacer regarding my case, which basically has not moved since after the assignment of AUSA, 10/02/06. There have been no hearings set, strangely enough.

But what seems odd is that in the Summary page, where it used to mention by AUSA's name, now only states AUSA.

Lastly, talking to my attorney's office, they mentioned that there are three types of clearances needed: FBI Check, Name Check and Background. For me, they all seemed synonymous. And they said, that usually Name Check is where the lawsuit helps, but others require longer time. Is this accurate information?

I need advice on what I should do, other than waiting for my attorney. Is anyone else been waiting this long after 1447b filing?

Thanks in advance!
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Click to expand...
Because you decided to use the service of a lawyer, you should let him do the job, unless you are so unhappy with him that you decide to fire him and go Pro Se. At this point I would not recommend it.
1. I would request an appointment with the lawyer as soon as he returns from his vacation. I would ask him a detailed explanation what he did so far and what he plans to do. I would express my concerns and hint that I'm not happy with his performance so far and demand more vigurous actions.
2. I would check on PACER when was the US Attorney's Office served. The 60 days start ticking from that day. I am suspicious that AUSA didn't file anything, no answer, no motion to extend or motion to dismiss or remand. It is possible that defendants were not served yet and this is the reason why AUSA didn't file yet something. You can find out this with PACER, without your lawyer. If all the defendants were served more than 60 days ago (which seems that is the case, unless your lawyer really didn't do his job), and AUSA didn't file anything, your lawyer should file a motion for default. But he should know this better than anybody here on this forum. He is a professional, we are amateurs...

About the background check, name check, etc. please see the attached Fact Sheet from USCIS where the different checks are explained in detail (I posted this previously, sorry for the redundancy).
 
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Appeal

Well, here is what I found out about appeals? there are two elements of the appeal, notice of Appeal, and Breif, if you are represented by a lawyer, both should be filed at the same time, if you are a pro se, you can file the notice of appeal (a standard 5 lines notice), pay the fees, and then, wait to hear from the court on the timeframes they set for you to file your breif, so, my info that I posted earlier about the notice of appeal, and then the real appeal was wrong, the notice of Appeal is the appeal, you can later stop complying with the court's timeframes and get your case dismissed, but, filing the notice of appeal is the actual appeal, you pay the fees with it (unless you are below poverty level, then they waive the fee).
So, since I have no idea how long would the court give me to file my breif, and then complete the following steps (that I don't know much about), I am so uncertain about the wisdom of appealing, I talked to a couple of lawyers who adviced to wait and refile a 1447(b) if needed. and I am leaning towards that option, I now know a lot about the District court procedures, it was very stressful to learn what I learned, going for an appeal requires learning a new set of rules, that doesn't have a support group like this board, I am not sure I can do so without people like you guys to have been through the same.
So, here what I probably will do for now, so, I thought I should share this with everybody.


paz1960 said:
I would certainly wait that two weeks what the IO told you at your Infopass appointment yesterday. Although you may miss the window to file an appeal (unless you can file a notice of appeal and wait an additional time till you can file the appeal itself; I don't know the rules), an appeal probably takes many months (?) till actually reaches the judges. So, it may be faster to file an another 1447(b) after 120 days counting from the completion of your name check. This will be sometimes in March, if I remember correctly. Most likely, till then you will have your oath letter. If not, I don't see any remotely reasonable defense what Defendants could claim, why they didn't adjudicate your case. Even your original judge would be rather upset that USCIS signaled that they want to adjudicate your application in 30 days after the remand and they still didn't do it. Remember, your goal is to get the citizenship as soon as possible. You should chose the option which likely brings you this ASAP.
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Name Check Expedite New Policy

Hi there,

Thank Paz, I did read the handbook of my district several time. It does not specify if the 60 days are calendar or Business day. I will call the court clerk and verify.

Per the Name check expedite new policy scare, I read about it in this forum in "Thread 510". I choose not to give it much credence, until I read it from official sources.

I remain hopeful and grounded in the knowledge and the feeling that everything will work out. I will have my green card by March and WOM will serve its purpose.

Cheers,
 
Anyone in Nor Cal district who filed 1447b? I have a question about contacting US Attorney Office. They never return calls, never share any information, so I don't even know if they asked for an expedited name with FBI. I have a joint statement comming up in March that needs to be filed with court, but I don't even know how to approach them (USA). Could you guys share your experiences. Shall I go to the USA office and seek their audience? Thanks
 
aka808 said:
First of all the suits are handled by US Attorney's office (USA) and not the District Attorney (DA) .I am in NY and filed in the Southern District. Depending on where in NY state you are you will have to lookup your district. IN NYC the USA is symapthetic but tough to get a hold-off normally due to the number of suits being filed. There are 2 special assistants assigned to cases like this in NYC, one in Manhattan the other in Brooklyn. After you file your case call the USA's office to see who is assigned to your case.
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Thanks aka808 for the info. I have a couple of more if you don't mind. I live in Mannhattan.

1. When you went to the court, how many copies of complaints, summons, civil cover letter did the clerk need to stamp?

2. Did you have all the defendants on one summon or you list them separately?

3. Is the USA office located in the same building (I assume it is the federal building close to Chambers street, right?) ? Did you hand deliver them to the USA office? Did they give you any proof for accepting it?

4. Did you send the original green slips of return receipts to the court or USA office when you filed with them or just photocopies? Did you have to wait for all the green slips to come back or you just filed just with the tracking numbers without the physical card, as someone suggested here to save some time?

Sorry about all the questions. I would appreciate greatly if you could take some time to answer them. Best luck to your case!
 
swimfitness said:
Hi there,

Thank Paz, I did read the handbook of my district several time. It does not specify if the 60 days are calendar or Business day. I will call the court clerk and verify.

Per the Name check expedite new policy scare, I read about it in this forum in "Thread 510". I choose not to give it much credence, until I read it from official sources.

I remain hopeful and grounded in the knowledge and the feeling that everything will work out. I will have my green card by March and WOM will serve its purpose.

Cheers,
Click to expand...
Hi swimfitness,
You are right, the Pro Se handbook (and the Federal Rules of Civil Prcedures) doesn't specify if the 60 days are calendar or business days.

"Rule 12(a)(3)(A) of the Federal Rules of Civil Procedure states that the United States, an agency of the United States, or an officer or employee of the United States sued in an official capacity must file a written response to the complaint within sixty days after the United States Attorney is served."

From my docket and all the others I saw in similar cases, the court clerk counted the 60 days as calendar days from the day of service.
 
Name check expedite new policy

Is there more information somewhere about "Name check expedite new policy as of 12/22" or is it coming just from one person in this thread?
 
gmlvsk said:
Is there more information somewhere about "Name check expedite new policy as of 12/22" or is it coming just from one person in this thread?
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I filed my WOM on Oct 30,06. During the last week of Dec , I got a call from AUS and she said that FBI had a crack down on expedited names check. So, I am not sure what does it mean.
 
New name check policy

Do we have any documented proof about this new policy or it is just some thing that is communicated via US attorney offices. I wonder what does it really means? I think they are trying to fight all the cases till they get some ruling from Judge before acting.

It is very disappointing news if it is correct.
 
I find this information on this thread and another one on a Chinese immigration lawyer's webpage (www.lianglaw.com). So far I don't find any other official link.

I talked to AUSA about my WOM case last week and she didn't mention this new policy change. But I filed my lawsuit on the end of Nov. 2006.

If anyone have any more information about this new policy, pls share.
 
Happyheart said:
I and another one on a Chinese immigration lawyer's webpage (www.lianglaw.com). So far I don't find any other official link.
Click to expand...


HappyHeart,
I couldn't find any relevant information on the website (English version) link you posted (www.lianglaw.com). can you just cut copy the relevant information here (if it is in english) from that site please ??? Appreciate it.

Thanks...
 
Here is what i found on above websites chinese version and translated in online.Of course tranlation is not 100% accurate but gives u a idea of whats in it.If this is true its devastating for me as i have waited on for 18 months for name check and was just getting ready to file WOM next month.Seems like we now have no way but that doesnt seem logical to me i think we still can file wom to pressure USCIS.heres the translation


In order to in order to fair ﹐ the immigration office changes their trying policy to all applicants from 2006 on December 21. ﹐ Will delay, the applicant to N-400 and I-485's application because of the FBI background investigation sues the immigration office the case ﹐ immigration office no longer to request the FBI acceleration background investigation advancement. Only then the applicant satisfies of a case following conditions, the immigration office only then can request FBI to speed up the background investigation:

1. The applicant needs the status enlistment 2. Age-Out applicant: Soon surpasses 21 years old also not in the child protection method scope 3. If the applicant does not have to obtain the green card to be able promptly therefore loses the green card ﹐ for example green card to draw lots the applicant to have in when the year obtains the green card to draw lots the quota of people 4. But because the green card will delay can lose the social welfare safeguard or other welfare (this recognizes 5 voluntarily by various immigration offices manager). Other special reason like applicant needs the medical measure

The immigration office expressed ﹐ even if the applicant conforms to one of above conditions, the immigration office does not request not to suggest the applicant proposes in view of immigration office's complaint (Mandamus Actions).



*** thanks you to read this article, if must reprint, please give the source, other correlation news please examine this institute website: http://www.lianglaw.com

If *** you have the related legal matter, please first consult own attorney; If has the concrete case question to need the consultant please and this institute contact.
 
jwei said:
Thanks aka808 for the info. I have a couple of more if you don't mind. I live in Mannhattan.

1. When you went to the court, how many copies of complaints, summons, civil cover letter did the clerk need to stamp? The clerk will stamp the original summons and then you can make copies and send to all defendants, keep the original for your self. Civil cover sheet is not stamped, one is kept with the clerk and a copy for your records. One copy of complaint and stamped summons, per defendant is required. You do not need to take all copies to the clerk.

2. Did you have all the defendants on one summon or you list them separately? All defendants were listed on one summon

3. Is the USA office located in the same building (I assume it is the federal building close to Chambers street, right?) ? Did you hand deliver them to the USA office? Did they give you any proof for accepting it? I sent it to their address with USPS return receipt addressed to ' civil process clerk'

4. Did you send the original green slips of return receipts to the court or USA office when you filed with them or just photocopies? Did you have to wait for all the green slips to come back or you just filed just with the tracking numbers without the physical card, as someone suggested here to save some time? I waited for the green slips for the ones i did not recieve i printed the online status. Make copies as the court will keep the originals.

Sorry about all the questions. I would appreciate greatly if you could take some time to answer them. Best luck to your case!
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Answers are above.
 
aka808 said:
Since my last posting, i was called for second interview as i had noted. The second int was held with 2 usics personnel and cameras (apparently they are recorded). They asked me around 40 questions all the way from how i came to the US till the time i got my GC and then over the N-400 app.
After the hour long second interview they informed me that they will let me know in a few weeks.
Well as soon as i walked out of the building, i got a call from the agent who inteviewed me, she said, that she was going to approve my app for Oath, but since my fingerprints had expired she will need to send me for another one and only after that she could do the necessary.
I had my FP today? Lets see if the oath letter comes soon (not sure)...
Does anyone know how long does it take for the FP to get back to the district office?
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Status update:

Gave my FP's again on the 3rd. Called the FBI to check and they confirmed that the FP's were sent back to the USCIS on the 5th. I called the USCIS agent working on my case, was informed first that they were waiting for the FP's. When i called today, i was informed that since this interview was recorded and a case filed, they have sent the file to Washington and are waiting for approval.
Does anyone know if this is standard that even after being informed that all is ok, now they throw Washington in the mix???
 
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