My AUSA basically did not want to cooperate with me. He filed motion-to-dismiss (MTD) 18 days earlier to the 60 days due date. I guess he already knew my case could not be solved in 60 days and USCIS didn't tell him how long my application can be solved at that time. He just filed MTD to try to get rid of my case from his mind and finished his job for my case. AUSA once told me that he just did what USCIS told him to do and he had difficulties to talk with FBI. After MTD, USCIS found the mistake that they made to my case (mix A#). This mistake triggered USCIS to decide to require NC expedition for my application in FBI since my WOM is still pending in the court. After I filed opposition, AUSA and USCIS may sense it is hard for court to dismiss my case because of numerous mistakes made by them and such a long pending time (38 months). Then they work a little bit hard to contact with FBI to deal with my NC. At least in hearing. AUSA mentioned to the judge that FBI talked to him in that morning that they received expedite requirement from USCIS on 1/9/07 and were acting on it. In my feeling, AUSA has no problem to communicate with USCIS but has problems to contact FBI. He basically gave info to USCIS and let USCIS to contact FBI. Since my case in the court is not very favor them now, maybe FBI begin to talk to AUSA. I will contact him in a few days and see if my logic is right.micahel1008 said:
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
msenior said:
msenior,
http://foia.fbi.gov/ You can apply with the FBI and ask for information they have on you. They give you only partial info (main files) but still can be useful in lawsuits. Most people of this forum get "No records". In your case you have already made pretty good progress and are near the end so its not useful to you anymore.
sksharma76
Registered Users (C)
I have been lurking around on this forum for about a month now and am going to file my N400 WOM in 2 weeks.I have utilized all other channels like congressman to no avail as i am in military USCIS told my congressman office that only way they would expedite my name check is if i get deployed.My question is who has the jurisdiction after i file my case.I have good chances of getting deployed so if my case is in court can i still go to uscis and have my name check expedited on basis of my deployment thanks by the way my name check is pending for about 18 months now.Average time it takes for a military personnel to get his citizenship in my state is 3 months.
sksharma76 said:
Do not leave military. I read somewhere that FBI should order immediately expedited namecheck, if person is in military. Somebody on this forum posted pdf file that has internal FBI memo, where I read this. Another reason to expedite name check was medical condition, and another 2 I do not remember. In your case I would write everybody: Laura Bush, CNN, etc...
My update: talked today to my AUSA. She said, that expedite name check was ordered for me, but since FBI i overwhelmed with WOM cases now they can process only limited number of NC per month. Probably I am again at the bottom of the list with my case, since people who filed after me r already with GC. I feel sorry for AUSA.. it is sad that taxpayers money is wasted... and they have to deal now with tonns of WOM cases.
If nothing won't be resolved during next 7 days, I will have a telephone conference with her and judge, although I agreed with my AUSA that nobody can resolve my case or mediate it, untill FBI finishes it job.
If nothing won't be resolved during next 7 days, I will have a telephone conference with her and judge, although I agreed with my AUSA that nobody can resolve my case or mediate it, untill FBI finishes it job.
Hi. I am new to this forum although I have been reading it for the past few months.
My timelne is the following:
N-400 PD: May 16, 2006
FP: July 7, 2006
IL: September 19, 2006
ID: October 26, 2006
On my N-652 form (the one with the interview results) there are only two things checked:
1. You passed the written tests of English and U.S history and government and
2. USCIS will send you a written decision about your application
It's been almost 3 months and still no decision has been made. I have tried going to infopass appointments and calling the service center. On my last infopass visit I was told that my background check was cleared but that for some reason the IO that interviewed me has my folder in his office and has not yet approved the case!!
I have no idea what to do. Has anyone been in the same situation? Who should I sue since the delay is not the FBI check? Any suggestions?
My timelne is the following:
N-400 PD: May 16, 2006
FP: July 7, 2006
IL: September 19, 2006
ID: October 26, 2006
On my N-652 form (the one with the interview results) there are only two things checked:
1. You passed the written tests of English and U.S history and government and
2. USCIS will send you a written decision about your application
It's been almost 3 months and still no decision has been made. I have tried going to infopass appointments and calling the service center. On my last infopass visit I was told that my background check was cleared but that for some reason the IO that interviewed me has my folder in his office and has not yet approved the case!!
I have no idea what to do. Has anyone been in the same situation? Who should I sue since the delay is not the FBI check? Any suggestions?
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Here is my timeline.wenlock said:
Passed Interview 2/13/2006, pending on name check
1447(b) filed 11/7/2006
US Attorney served - 11/7/2006
Answer due - 1/7/2007
1/8/2007 - receive Mail from US Attorney for Montion to Dismiss
1/23/2007 called AUSA. He called me back after 15mins check with agency. He said my name checking completed
=== I am getting mixed message==
In this afternoon mails, I received Notice of motion from AUSA. It indicates I have to file either a response opposing the motion or a legal brief in opposition to the one stated by the defendants. To me, a legal brief seems easy.
thank you for your advice
Just did the Oath today
Hi Everyone,
This great forum helped me on every steps for preparing WOM. Many thanks goes to people like like Publicus, Panz1960, Wenlock, ..., just name a few. People who really spent time on the forum deserve respect. When I told people around me I filed a law suit for it, they are saying I should be in the front line ... Just be patient, you will prevail.
Here is the summary of the my case:
1. March 2005 - N400
2. April 2005 - 1st FP
3. June 2005 - IV -- waiting background check since March 2005
4. Nov. 29, 2006 - WOM
5 Jan. 20, 2007 - Oath Letter
6 Jan. 23, 2007 - Oath
Good luck to everyone.
Hi Everyone,
This great forum helped me on every steps for preparing WOM. Many thanks goes to people like like Publicus, Panz1960, Wenlock, ..., just name a few. People who really spent time on the forum deserve respect. When I told people around me I filed a law suit for it, they are saying I should be in the front line ... Just be patient, you will prevail.
Here is the summary of the my case:
1. March 2005 - N400
2. April 2005 - 1st FP
3. June 2005 - IV -- waiting background check since March 2005
4. Nov. 29, 2006 - WOM
5 Jan. 20, 2007 - Oath Letter
6 Jan. 23, 2007 - Oath
Good luck to everyone.
Had oath today
Hi, Everybody:
I just had oath today at San Diego.
I owe great appreication for Publicus and other founding members of this great forum. Thanks Paz, cajack and others for your always helpful comments. My thoughts and prayers are with you for those are still fighting for their rights. Good luck,
Sky
Hi, Everybody:
I just had oath today at San Diego.
I owe great appreication for Publicus and other founding members of this great forum. Thanks Paz, cajack and others for your always helpful comments. My thoughts and prayers are with you for those are still fighting for their rights. Good luck,
Sky
Congrat. to you. You made it. It is a great forum and people here are helpful and friendly. I don't know what I should do if I did not find this forum on time. Wish you and the rest of the members on the forum the best and get what you fight for.
Jack
Jack
skyhigh7 said:Hi, Everybody:
I just had oath today at San Diego.
I owe great appreication for Publicus and other founding members of this great forum. Thanks Paz, cajack and others for your always helpful comments. My thoughts and prayers are with you for those are still fighting for their rights. Good luck,
Sky
I have sent my 30-day “intent to sue notice” letters to local USCIS, AUSA and Office of General Council. I doubt that anybody will read those – it appears that only official summons with court stamps trigger any attention. But I think it is good to have those letters as an exhibit for your complain – the last attempt to settle the issue outside the court might somewhat reinforce your case. So, yes, I think intent to sue notice could be of a marginal utility as an exhibit in your case.whatsnamecheck said:
Best of luck to you and ya’ll!
Snorlax
P.S. The very purpose of existence for the bureaucrats is to waste taxpayers’ money, so I would not expect much sympathy toward your argument.
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gctarget06
Registered Users (C)
Guys...take a look at the following news posted on immigration-law
"The news have recently surfaced that the U.S. Attorneys would fight out rather than back down or settle in such lawsuits. It is a bad news for those who suffer from terrible delays in naturalization because of the so-called security check backlog. In the first place, it will become very expensive to litigate. Additionally, the outcome of success in such litigation may not necessarily lead to the quick fix any more of the naturalization delays."
Any comment/thoughts on this one ??
"The news have recently surfaced that the U.S. Attorneys would fight out rather than back down or settle in such lawsuits. It is a bad news for those who suffer from terrible delays in naturalization because of the so-called security check backlog. In the first place, it will become very expensive to litigate. Additionally, the outcome of success in such litigation may not necessarily lead to the quick fix any more of the naturalization delays."
Any comment/thoughts on this one ??
this is so called no more name check expedite
This is somehow true, due to the internal policy of USCIS, no more name check expedite except Judge's Order. So everyone has to fight your way out like Comfused. Don't be scared, you will get what deserved.
gctarget06 said:
This is somehow true, due to the internal policy of USCIS, no more name check expedite except Judge's Order. So everyone has to fight your way out like Comfused. Don't be scared, you will get what deserved.
For ICU Doc (same my case)
your case is very much same to my case . I came to USA in 2000 and did
the all papers and fingerprint in 2001. In 2003, I sent my I-751 to USCIS.
after that no response up to 2005. And then I did applied for N-400 in Feb
2005, also no response up to Nov 2006 since in July of 2005 that I passed
the interview. Anyway I didn't get any response except I went to CIS
office asked them.Up to today my passport I-551 sign is I-751 & N-400
pending. now I did a lawsuit ( pro se), In 1-7-2007 it was the due time
but AUSA called me that they made a extention time of 2 months, I said
yes.
Now I have to wait after 2 months that will get finish of the case.
Jul 2000 B1
2001 130&485 family base
2002 interview and got Tem GC
Nov 2003 sent I -751
Feb 2005 sent N-400
Jul 2005 passed interview and pending NC
Nov 2006 sue by pro se
Jan 5 2007 got a call from AUSA , extention 2 months
your case is very much same to my case . I came to USA in 2000 and didthe all papers and fingerprint in 2001. In 2003, I sent my I-751 to USCIS.
after that no response up to 2005. And then I did applied for N-400 in Feb
2005, also no response up to Nov 2006 since in July of 2005 that I passed
the interview. Anyway I didn't get any response except I went to CIS
office asked them.Up to today my passport I-551 sign is I-751 & N-400
pending. now I did a lawsuit ( pro se), In 1-7-2007 it was the due time
but AUSA called me that they made a extention time of 2 months, I said
yes.
Now I have to wait after 2 months that will get finish of the case.
Jul 2000 B1
2001 130&485 family base
2002 interview and got Tem GC
Nov 2003 sent I -751
Feb 2005 sent N-400
Jul 2005 passed interview and pending NC
Nov 2006 sue by pro se
Jan 5 2007 got a call from AUSA , extention 2 months
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end of the tunnel
After I tried today again unsuccessfully to call my AUSA, I received finally the following e-mail from him:
"I understand that your N-400 application was adjudicated and approved on
January 9, 2007. Did you receive notice etc. directly from DHS/CIS? I
can get my hands on a copy if you have not received it by now. Can we
agree to dismiss the complaint? If not, let's discuss some alternative
to my responding and kicking the litigative process into gear. Thanks,"
I still can't believe... The problem is that the deadline for Defendants to file something (after the 30 day extension) is Thursday, Jan. 25. The other suspicious thing is how is it possible that I didn't receive anything from USCIS, although according to this e-mail, an approval was made on Jan. 9.
I will need to be careful with the wording of the Joint Stipulation to Dismiss. But first of all, I need to really see that copy of the approval notice...
After I tried today again unsuccessfully to call my AUSA, I received finally the following e-mail from him:
"I understand that your N-400 application was adjudicated and approved on
January 9, 2007. Did you receive notice etc. directly from DHS/CIS? I
can get my hands on a copy if you have not received it by now. Can we
agree to dismiss the complaint? If not, let's discuss some alternative
to my responding and kicking the litigative process into gear. Thanks,"
I still can't believe... The problem is that the deadline for Defendants to file something (after the 30 day extension) is Thursday, Jan. 25. The other suspicious thing is how is it possible that I didn't receive anything from USCIS, although according to this e-mail, an approval was made on Jan. 9.
I will need to be careful with the wording of the Joint Stipulation to Dismiss. But first of all, I need to really see that copy of the approval notice...
Hello annat, I'm so happy for you! Congratulations! I learned a lot helping you with the Opposition to Defendants' Motion. Looks that I will not need that now, but I certainly will pass on that knowledge to other members of this forum who may need it.annat said: