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

ThreeYears? said:
Hi guys, I have been waiting for my name check to clear for 33 months. The Green Card/Perm Residence is pending on that Name Check, and naturally I can only apply for citizenship after the GC,, so everything is being delayed.

Please see my time line and please post your advice on what I should do next, here:
http://boards.immigrationportal.com/showthread.php?t=136848&page=196&pp=15

Thank you so much for sharing your knowledge!
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I understand your frustation. Read this thread in forum from start and start gathering all information. You option is to file WOM.

Do you know what is the hold up? Name check or not?
Have you made any congressional inquiries?
any written correspondence?
Infopass appointments?

I would start working on all the above. Start preparing complaint and get registered with Pacer. Read the process first. If you have any questions ask on this forum.

My advice is after waiting 33 months go for law suit.
 
jurisdiction

can somebody pls post...or help me preapare a counter motion regarding jurisdiction....my case is handed back to INS....DA CLAIMS FBI CAN TAKE ALL THE TIME THEY WANT AND THEY HAVE THR RIGHT TOOLS TO DO THAT....they used several examples and cases....anybody can anybody help me prepare counter motion....i don"t knw wht to do where to start from...so many case examples they have used.....judge agreed to them and approved a motion to pass it back to ins
 
samhad10 said:
can somebody pls post...or help me preapare a counter motion regarding jurisdiction....my case is handed back to INS....DA CLAIMS FBI CAN TAKE ALL THE TIME THEY WANT AND THEY HAVE THR RIGHT TOOLS TO DO THAT....they used several examples and cases....anybody can anybody help me prepare counter motion....i don"t knw wht to do where to start from...so many case examples they have used.....judge agreed to them and approved a motion to pass it back to ins
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If the judge already granted Defendants Motion to dismiss or remand, you can't file a counter-motion (more correct term would be Opposition to the motion). You have to explain in more detail what was already filed and decided in your case in order to be able to help.
 
I was told by the FBI through the senator that they can and will take all the time they need no matter how long it takes to make sure they investigate everybody thoroughly. Can't anybody hold them accountable, provide some oversight, otherwise whats to stopping them from being lazy or even worse... !
 
myang1969 said:
Comfused,

After I found out the wrong A# was assigned, it already had been pending for one and half years; I fought very hard at that time, but USCIS only submitted a new name check inquire to FBI in August 2005, they refused to expedite. If you check current expedite criteria, (5) is USCIS error. I argued with USCIS with this (5) through Senator's office, but they deny its their fault. Finally, I filed WOM in Dec 18, 2006. I have all these evidences, I believe I have a strong case, but not sure what kind of judge I got.
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I didn't see thr expedite criteria (5) is USCIS error. Where did you see it? It is bad that they even refused their mistakes (How shameless!). I contacted my AUSA yesturday. He told me that USCIS told him they will expidite my name check on January. He don't know if it will happen or not. I asked about my name check with old A#. He just said he assumed USCIS corrected everything. I don't trust these governments. I don't know how messy my case is now. Could you tell me how they deal with your FBI check with that wrong A#. Did FBI really correct everything? I just finished a joint discovery today. Defendants just keep on saying that they regretted all these delays and they will continue to work on my case like all other pending cases. I am not optimistic to my WOM. I hope the luck will fall on you this time and you will get your GC before 60 days
 
Comfused,
Goto website of USCIS search expedite, you will find as follow

USCIS Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
I believe you need deal USCIS with your Seantor Office; Usually, USCIS will tell them more info. What I did was tell Seantor's Office detail and they call USCIS and make sure they change wrong A# and sent out right name check inquire.
 
Got a phone call, NC complete, ask for remanding

Got a voice message from AUSA that NC has been completed by FBI. (1447 case filed Nov 20, 2006). Asked for remanding case back to USCIS. I had not had a chance to talk to AUSA. Shall I go ahead and agree on remanding? MY FP was done on May, 2006, so USCIS should be ready to adjudicate.

Court clerk says USCIS should give court final resolution even USCIS asked for remanding. The court has the final say to dismiss the case or not unless plaintiff/defendant agree to dismiss the case.

Any comments.
 
nb007 , you should have a welcome letter (if you go i-485 delay) or oath letter in order to dismiss the case...
 
colonel said:
nb007 , you should have a welcome letter (if you go i-485 delay) or oath letter in order to dismiss the case...
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I respectfully disagree. If you read carefully nb007's post, s/he is a naturalization applicant (s/he filed a lawsuit based on 1447(b)). Although in some cases USCIS sends an oath letter before the lawsuit is dismissed or the case remanded to them, if we stick strictly to the statue, USCIS loses jurisdiction as soon as applicant filed the complaint with the district court. In order to adjudicate the application, the lawsuit has to be voluntarily dismissed or the case remanded by the judge. This is certainly true in the jurisdiction of the 9th Circuit Court (since US v. Hovsepian), in other jurisdictions I saw many cases when application was approved (or even denied) even after the lawsuit was filed.

In WOM cases, USCIS doesn't loose jurisdiction filing the complaint with the district court, so they can approve or deny the Plaintiff's petition for I-485 or N-400 application. In such cases it is recommended to file a joint motion to dismiss only after the approval letter.

Having said this, I still would be very cautious and not agree simply without any assurance (written proof) that USCIS is willing now to adjudicate my application. Usually it is not very difficult to cut a deal with AUSA and through him/her with USCIS to include in the joint stipulation a statement something like: USCIS agrees that Plaintiff's application will be adjudicated as soon as the complaint is voluntarily dismissed without prejudice.
 
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ThreeYears

I really dont want to sue USCIS if I have any mean to solve my name check waiting. I go through every possible way to get them move my name check ded end, even they told my Seantor Office clerk to shut up, and he done with her question. We have to realize that they will not respect you if no one stand up and against their unlimit abused power. Now, the only unsure thing for USCIS is that they may lose cases if we brought them to federal courts. I told my AUSA, I am done with waiting and I brought this court is to let people include Judge to see, in this democray and free contry, do they feel shame for USCIS for their arongent, heartless and abused power. So I understand your situation, but if you dont fight, you will fall into this waiting game forever.
 
Hi, this is my very first post in any website. I learned a lot from all of you from past few months. Thank you all! I filed my WOM in Newark, New Jersey last week via Pro Se. I will serve the summons and complaint tomorrow. My case detail as follow:
I 485: 05/2003 (EB2)
Finger prints: 1st: 2/2004
2ed: 7/2006
I will update you about my case as it moves along.
 
jurisdiction

ok here wht happened....Da got 6o days to reply to my complaint they Requested addl 3o days and again 30 daYs finally they responeded to the complaint and requested the judge to remAnd which he did...."
the court has considered defendants motion to remand or alternatively dismiss.The motion is granted and the case remanded t uscis.It is ordered that this case is remanded to the houston district with instructions that uscis make determination as expeditiously as possible on plantiffs app for naturalization after completion of background investigation." this what exactly judge wrote....so i can't appeal to his decison with facts overjurisdiction....which they used ....consistently...RAISING securitY risk AND USING by granting me citizenship....
THEY USED KELIFA VS CHERTOFF...CIS HAS MORE EXPREIENCE AND EXPERTISE IN MAKING ASSESSMENT.....
 
samhad10 said:
ok here wht happened....Da got 6o days to reply to my complaint they Requested addl 3o days and again 30 daYs finally they responeded to the complaint and requested the judge to remAnd which he did...."
the court has considered defendants motion to remand or alternatively dismiss.The motion is granted and the case remanded t uscis.It is ordered that this case is remanded to the houston district with instructions that uscis make determination as expeditiously as possible on plantiffs app for naturalization after completion of background investigation." this what exactly judge wrote....so i can't appeal to his decison with facts overjurisdiction....which they used ....consistently...RAISING securitY risk AND USING by granting me citizenship....
THEY USED KELIFA VS CHERTOFF...CIS HAS MORE EXPREIENCE AND EXPERTISE IN MAKING ASSESSMENT.....
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I understand from your post that the judge didn't dismiss your complaint, (s)he remaneded it to USCIS, with the instruction to adjudicate your application as soon as the background check is complete. This means that the lack of jurisdiction argument of defendants wasn't accepted. However, I totally agree and simpathize with you and understand your frustration. This kind of remand with such instruction has no real value, you are exactly where you were before the lawsuit. This certainly violates the intent of Congress when they enacted 1447(b).

Theoretically, you can appeal the judge's decision at the Circuit Court of Appeals, but I would not recommend you to go Pro Se with this appeal.
 
but can i appeal this remand by asking the same judge to set a time limit for defandants and take limited remand over the case too...or i can't do tht no more....see defandants used 1447 b argument tht i agreed to remand to defendand uscis with instructions to immediately adjuticate the application.......and than they requsted remand without time.....my question is can i appeal the same judge to set a time limit if so wht can i use as a argument onthe basis of 3yrs and 10months wait and congress and fbi contact with same answers they are reviwing your case....is there any refrences i can use.....from prior cases ....
 
only wom.

ThreeYears? said:
I was told by the FBI through the senator that they can and will take all the time they need no matter how long it takes to make sure they investigate everybody thoroughly. Can't anybody hold them accountable, provide some oversight, otherwise whats to stopping them from being lazy or even worse... !
Click to expand...
 
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I finally found out the AUSA who was assigned to my WOM case. I called a couple of times 2-3 days ago, but she never called my back. I reached her assistant and was told that she was very sick and only come to the office very briefly these days. We all know that the AUSA person plays a great roles and he/she is the person to move case ahead. So it is important to set a good working relation with the AUSA.

I am just wondering if it is okay to send her flowers to wish her get well? (basically/selfishly hope her get well quickly and come back to work on our cases)?

What's the role in this situation between plantiffs and defendants/representatives? anything to lose?
 
huxf said:
I finally found out the AUSA who was assigned to my WOM case. I called a couple of times 2-3 days ago, but she never called my back. I reached her assistant and was told that she was very sick and only come to the office very briefly these days. We all know that the AUSA person plays a great roles and he/she is the person to move case ahead. So it is important to set a good working relation with the AUSA.

I am just wondering if it is okay to send her flowers to wish her get well? (basically/selfishly hope her get well quickly and come back to work on our cases)?

What's the role in this situation between plantiffs and defendants/representatives? anything to lose?
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Would be good if you had atleast had one conversation with her before. Some People can get upset when they find someone they dont know knows they are sick.
 
ROSEBORO Notice

hey guys does anybody know anything or have a clue about this Roseboro Notice in Virginia that the deputy clerk posted on my Pacer? in big lines it states that" Both sides are advised that if documents or affidavits outside the pleadings are submitted by either party, any remaining motion(s) to dismiss under Rule 12(b)(6) of the Federal Rules of Federal civil Procedure may be considered as motion(s) for summary judgement under Rule 56 of the Federal Rules of Federal Civil Procedure. Also it sais that plaintiff is required to respond with counter-affidavits or other additional evidence. the problem revolves around the fact that AUSA posted his motion to dismiss/remand on Dec.28, 2006 and on January 9th, 2007 i filed my "Opposition Brief" with regard to their Motion. I had consulted my Pacer that morning before i went to court to see if there is something new posted and it was not. i was affraid to wait to long and went and filed my opposition. however, that afternoon before i filed the clerk filed his notice at the same day (9th of January, 2007) giving me 20 days to respond. i was not aware of this until i got home and i looked on PACER and now i do not know what to do because i have already filed my "brief Opposition." what do you sugest i should consider in this situation?, amend my case with some counter-affidavits?, what kind? because i have already filed 9 strong Exhibits that reflect laws and rules violated by CIS. thanks for your attention. any sugestion is welcomed :)
 
samhad10 said:
but can i appeal this remand by asking the same judge to set a time limit for defandants and take limited remand over the case too...or i can't do tht no more....see defandants used 1447 b argument tht i agreed to remand to defendand uscis with instructions to immediately adjuticate the application.......and than they requsted remand without time.....my question is can i appeal the same judge to set a time limit if so wht can i use as a argument onthe basis of 3yrs and 10months wait and congress and fbi contact with same answers they are reviwing your case....is there any refrences i can use.....from prior cases ....
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file a motion to reargue, look for local rules for guideline for reargument, state reason why the court should hear you re-arguing, emphasize that you are pro se and you were prejudiced by any innocent error you made, see what happens.
 
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just got a call back for the assigned AUSA. she is nice, but not helpful. She sadi she regret, but can not do much abou it. She talked to those folks at VSC and "they are workng on it" and "they have 60 days to finish the job". if they couldn't, she will file something " because of the backlog, everybody has to wait for his/her turn..."

she said she never handled case like this, and sounds like doesn't know exactly what to do. then I mentioned to her that in some other district, "expediate name check was requested" and she said she has no power of that and it is up to the agency (VSC). Well I may not need this. if the infopass was right, my name check was cleared dec 12th. Then I don't know what is holding up my case now.

She did mention there is a backlog (another backlog because of WOM?) in VSC. I asked if she mind me calling to check thw staus and she said there is no point to do that. She will contatc me either directly or through the judge.
At the end, I asked how long she thinks it will take to hear back from VSC, she said maybe 4-5 weeks.

So what...?
 
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