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

[case number]

congratulation !

Thank you Paz for all your pieces of advice. i am preparing now a Rebuttal Notice in what i will challenge paragraph 1. from Defendants` Motion to Dismiss for Mootness. i am blessed overall with the privilege to live in an area where CIS comes every other 3 Months . I will consider your advice about 15 days for oath schedule. however, i will request to the court to administer the Oath in case CIS is not coming into my area in the requested time. Do you know anythig about this Rebuttal Notice? i looked in the Pro Se book but i could not find a lot. do you think will be ok only to state where the distorted reality is and to request a specific date i think in approximately 2 pages? thanks and enjoy your new status.

Congratulations case_number! I certainly would file an Opposition to the Motion filed by AUSA. You should clarify your situation, for nothing else but for the record and to show to the judge, that you are not an incompetent person, who just filed a complaint without knowing what she is doing.
But more importantly, now that defendants admitted that they approved your applicattion, you should ask the court to order defendants to give you an oath date as soon as possible but not later than 15 days after the order. It would possibly help, if you can find out when are Oath Ceremonies in your state, preferably in your district. You can mention these dates in your Opposition and ask to be scheduled to one of the next coming dates.
You can also remind the judge that you petitioned the court for a stalled naturalization and the naturalization is a 4 step process, the last one being the oath. My wife had to wait 5 months after her application was approved till the oath.

 

[Bushmaster]

Here I am, about to deploy in a few months, WANT TO GO TO FLIGHT SCHOOL, ready to DIE for this country, and they can not move on my case an inch. My file is more than likely lost or thrown away on a shelf. The Army post newspaper I am stationed at did an interview with me to help me but don't know if that is going to help. I want to talk to FOX, I want to talk to NPR. I don't know what to do... And on top of that President is talking about some people becoming citizens on his speeches. Makes me want to scream until I have no voice anymore!

I WANT TO START A CAMPAIGN, I NEED A LOT OF HELP. I NEED THE AMERICAN PEOPLE KNOW ABOUT ME and MY STRUGGLE!

Yesterday I was told by my congressperson's staff that THEY CAN NOT DO ANYTHING MORE THAN CONTACTING A LIAISON IN THE IMMIGRATION SERVICE.

I asked if there is ANY OTHER WAY? He said "yes maybe the representative (and/or senator) may directly call the INS or FBI commissioner but he won't do that for you because you are ONLY ONE CASE! I need people lined up outside the office here"


I wanted to say the "F" word to him! ONLY ONE CASE... HOW COME I CAN NOT SAY THAT IS ONE LESS SOLDIER IN IRAQ!

Here is the news article in JPEG as attachment:

 

[paz1960]

thank you PAZ for all this information tell me if is not easy tu sue uscis. if is possible to have a lawyer help me in my situation and thanks

As I wrote before, what is easy or difficult, is relative. Before I started the whole process, I thought that it is impossible for me with zero experience in legal matters to sue the Government without the help of a lawyer. Reading all the posts in this forum, realising how much valuable information was already posted, how many successful members I saw and how many nice unselfish people are here willing to help with the best of their knowledge, I realised that it may not be so impossibe as I thought. And I thought that nobody will pay as much attention to my case than I would.

But I can't emphasize more: preparation is very important. Take this very seriously, if you decide to go Pro Se. You are not representing only yourself, indirectly, your case can have a positive or negative impact on the other thousands of similar cases. You prepare well and you are capabe to show competence and ultimately win (or get what you wanted): you add to our side a "V" and this will help the others. You don't take it seriously and you lose: this adds arguments for the Government side and hampers the rest of us, who fight for the same goal. Look at the classic example of Danilov v. Aguirre. This is used invariantly in all the Government Motions to dismiss. This guy was an immigration lawyer, but instead of helping legally people who need professional help with their cases, he was part of some scam, ring, who gave fake documents to illegal aliens. (or that's what I read on the internet). Besides this, when the Government filed the Motion to Dismiss lack of subject matter jurisdiction, he didn't bother to Oppose this motion. Now his case is thrown to us every time. You certainly dont' want to create such a precedent...

The other possibility is to hire a lawyer. I would recommend this if you don't have the needed time or desire to educate yourself in these legal issues and you have couple of thousand dollars to spend on this. If you decide to look for a lawyer, we can help giving you some advice, how can you find out the names and contact info of attorneys who had successful similar cases in your district.

 

[paz1960]

Hi Paz, congrats on your outstanding progress. I appealed USCIS decision about 2 months ago. As for the lawsuit, I have received a Magistrate report and recommendation (to the district judge) which is basically to dismiss without prejudice leaving me the option to return back to court in case if another unfavorable decision. I was given the option to object within 15 days, I did not object, case is still open pending the district judge order to dismiss (which is an expected outcome). Another waiting game with USCIS which I do not have the patience for. I lost faith in this department. I was one of the soldiers who fought, captured, and cleared Sadam’s Palace in April 2003. Inside this palace soldiers had their oath ceremony lead by Dr. Gonzalez on Veteran’s Day (11/11/2006). 6 days after VD, mine was denied for an administrative error in my military record (My unit admitted the error, contacted USCIS, and clarified the issue on my behalf). USCIS' rusted brains are still holding my appeal. I earned the right to be an American and USCIS is taking this right away from me.

Hi Screaming_Eagle, I understand, where you are now... Unfortunately, according to the regulations, USCIS has 180 days to schedule a hearing for an administrative appleal, and even after the 180 days passed, there is nothing in the statues or regulations which would hold them accountable. At some point if this is not going anywhere, you can file a WOM in order to compel USCIS to schedule the hearing for the appeal. But before that (and you would need this anyway) I would try to put some pressure on USCIS through my elected officials, writing a letter to the District Director with an endorsement from my former military comander. It's tough, I realise; and the case in the court probably will be on hold till the administrative appeal is not decided.

You can try to file a Memorandum with the Court, arguing that USCIS lost jurisdiction as soon as you filed your 1447(b) based complaint. This is supported by the 9th Circuit Court decision in US v. Hovsepian, and there are some other precedents, either in immigration cases or unrelated but similar situation cases. If the court would agree with this, the denial by USCIS would be invalidated and now based on the corrected military records, the judge could instruct USCIS to adjudicate your case XX number of days.

I would give it a try...

 

[paz1960]

thanks. I won't sue the attorneys. I just want to narrow down the defendants accurately on my 1447b lawsuit.

Actually, I am still in great fear of suing the government especially the FBI. I am afraid of retaliation on me or my family in the future. I learned great lessons from where I grew up: a government, any government, is the most powerful force to reckon with.

To be honest, my dear friends, I feel so down and powerless after spending the past whole week doing little anything else but reading 500+ pages of this great forum. Sometimes I feel upbeat because there is hope and the law is clear. But sometimes, I feel I am just a tiny bug trying to stop a train.

OK, I am that unlucky 1% who get a "hit" on their name searches, but instead of spending a little more time finding out if the hit is real threat to the national security or not, my file is sitting there for months, years. I feel really down.

You can sue with no problem even the Attorney General, because he is in charge to grant you citizenship. But this is not necessary, you will need to send him a set of summons+complaint anyway.

But in my opinion, you should sue the FBI director. I saw a case, when Plaintiff didn't sue the FBI; USCIS basically said that the name check is stuck at FBI, it is not their fault; the judge bought this and said in the opinion & order, that he can't compel FBI to complete the name check, because FBI is not a defendant in the lawsuit.

I respectfully disagree with you when you say that the law is clear. Unfortunately, in my opinion, this whole mess around the name check is created exactly because the law is not sufficiently clear. Let me explain why I think so:

Congress mandated USCIS to perform a "full criminal background check" on each applicant before they can adjudicate the application. This is sneeked in an Appropriation Act for FY98. There is no clear definition, what is a "full criminal background check", who does it, in what timeframe should be done, and what are the consequences if it is not done in due time.

Apparently, up to November 2002, the name check was done simply running your name on the 'main" file database, by a computer program, and the whole process was done in 1-2 days after the tape was submitted to FBI from USCIS. After Nov. 2002, they decided to extend the name check and include the "reference" file searches and all kind of combinations with your first, last, middle name, with different spelling, different DOB etc. You can imagine, how the number of "hits" skyrocketed. Now if somebody got a "hit" an agent, not a computer program, has to manually investigate that hit and determine if there is real derogatory info about the applicant or it is only a "false alarm", like in the vast majority of the cases. Because USCIS pays only $4/ name check request, FBI doesn't have the necessary resourses to work on these manual processing of the flagged cases. And this change in their name check policy is still covered by the same Congressional mandate, from the FY98 Appropriation Act.

I'm not advocating against the name check. This is probably a very important tool to screen out criminals, potential terrorrists, spies and all kind of bad people. They should do this, but in a more efficient way. DHS and FBI would need to go back to Congress and ask to ammend the law to define precisely what should contain a "full criminal background check", who should do it, in what timeframe, what happens if is not done in the mandated timeframe and who pays for the cost. If they need to raise the cost what USCIS is paying to FBI from $4/request to $40/request or $100/request, it's fine. I'm sure that we all agree that we would rather pay $36 or $96 extra in the application fee, than wait for years and pay a lot more after for the lawsuit to force them to act.

The rollercoaster evolution of your mood is normal. I think that we all went through this and you should remember that you will ultimately prevail if you are stron enough and have patience. Failure is not an option. We are here to support each other and first of all, to help each other with (preferably) reliable information. Knowledge is power. (I know a lot more of such slogans, but I will abstain from them in the future ).

 

[paz1960]

Here I am, about to deploy in a few months, WANT TO GO TO FLIGHT SCHOOL, ready to DIE for this country, and they can not move on my case an inch. My file is more than likely lost or thrown away on a shelf. The Army post newspaper I am stationed at did an interview with me to help me but don't know if that is going to help. I want to talk to FOX, I want to talk to NPR. I don't know what to do... And on top of that President is talking about some people becoming citizens on his speeches. Makes me want to scream until I have no voice anymore!

I WANT TO START A CAMPAIGN, I NEED A LOT OF HELP. I NEED THE AMERICAN PEOPLE KNOW ABOUT ME and MY STRUGGLE!

Yesterday I was told by my congressperson's staff that THEY CAN NOT DO ANYTHING MORE THAN CONTACTING A LIAISON IN THE IMMIGRATION SERVICE.

I asked if there is ANY OTHER WAY? He said "yes maybe the representative (and/or senator) may directly call the INS or FBI commissioner but he won't do that for you because you are ONLY ONE CASE! I need people lined up outside the office here"


I wanted to say the "F" word to him! ONLY ONE CASE... HOW COME I CAN NOT SAY THAT IS ONE LESS SOLDIER IN IRAQ!

Here is the news article in JPEG as attachment:

Welcome back Bushmaster,
The imminent deployment seems that it is still a criteria for expedite request for the name check. Did you try to send a letter to USCIS with a supporting evidence from your military superiors about this possible deployment?

I know that sounds really bad that you are "just" a case. And don't take it personally. But whoever told you, unfortunately, (s)he was right. This is true with everything in any type of bureacracy, either democratic or communist, leftist or rightist, atheist or teocratic. Bureacracies have their own common features, it is not system-dependent. I admit, some are working better than the others. In this country at least there is a strong judiciar system which controls the excesses of the executive branch. And there is an independent branch from the executive who legislates. You know this well and most of us from different parts of the world know, that there are many many places, where it is a lot worse, where a black car would show up at your house if you would try to sue the government and you would suffer serious consequences... Simply the mere fact that we are willing to go through all these hoops to get the so desired price, the US citizenship (people who sue for the GC ultimately want to become citizens, I assume), is a proof that this country, this system can't be too bad. I am very far from saying that is perfect. And I know that many things has to be changed and fixed (like this whole mess around the immigration). And I will make sure that I will go to vote in every election, local, or national. Because I want to have a say in the future of my freely elected country. I could not choose my country where i was born. But I choose to live in this country and I want to make it better. I know that I am only a little bug in front of the big freighter...But a lot of small bugs maybe can achieve something. OK, it was enough for today about philosophical issues.

 

[gmlvsk]

Suppose I want to file motion for default judgment or summary one.
Could I ask the judge that USCIS reimburse me 350 fee + what I get paid for 2 days at work for preparing complain, that I spent preparing it?

 

[paz1960]

Suppose I want to file motion for default judgment or summary one.
Could I ask the judge that USCIS reimburse me 350 fee + what I get paid for 2 days at work for preparing complain, that I spent preparing it?

You can ask for the reimbursement of your costs only after the judge rules in your favor, so you are a prevailing party. Before that, I would put the following in my prayer (leaving the door open for the future cost reimbursement request):
"In addition, Plaintiff prays for such further relief as this Honorable Court may deem just and proper."

The type of costs what you can ask to be reimbursed are precisely regulated by the Local Rules. I'm afraid that you can't ask for your time, being a Pro Se Plaintiff, but you certainly can ask for the filing fee, mailing expenses (if you have receipts) and probably for the PACER expenses you incurred when you did electronic case research (of course, again with receipt/credit card statement). There is a time limit after the ruling in your favor; if you don't file a motion for your costs within the prescribed timeframe, you forfeit your costs.

 

[paz1960]

Hi, Paz, Publicus and all!

Today I received a letter from District Director of my DO congratulating me on my approved application to adjust status. Finally, 15 months after filing the application, 14 months after name check was initiated, and nine months after interview, my I485 was approved... that is if they didn't make another mistake by sending me the letter.
I have following the thread and learning a lot from everyone. The thread has taught me how to build up my case step by step. During the past seven months or so, I've resorted to all possible ways to expedite my name check: Four Infopass-es, numerous 800# calls and inquiries, calling and sending emails to FBIs, FOIA requests, three inquiries by my Congressman's office, one inquiry from my Senators' offices each, writing to CIS Ombudsman, writing to my District Director, writing to First Lady, and sending Letter of Intent to Sue to my District Director. I even have my WoM complaint all drafted up, cover sheet and summons filled in and ready to file a lawsuit.... but today I received the magic letter in mail. (Of course I used many templates and examples from this thread.)
I am not sure whether what I have done has made any difference... It might just have been a coincidence. But I am sure what I have done must have drawn attention to my case: I sent the letter of Intent to Sue about a month and half ago; I received a letter from the Ombudsman's office a week ago letting me know that they have started working on my case and I should hear from them within 45 days even though they said they couldn't do much...
Anyway, thanks everyone for being great trenchmates and for sharing invaluable info during the process. Please keep fighting and we will prevail.

Best of luck to everyone!

Hiddendragon38

Hi Hiddendragon38,
Congratulation for your approval. Maybe they tought that in the interest of judiciar economy better move your case and grant you the permanent residence . There were previous reports on this forum, that in about 30% of the cases a letter of intent to sue them was enough to reach the desired effect. I was in the other 70%... But I see from your work done that you were determined to not stop and go for the fight and sue them. Did you have a self established deadline how long are you willing to wait?

 

[gmlvsk]

Where can I look at Local Rules

You can ask for the reimbursement of your costs only after the judge rules in your favor, so you are a prevailing party. Before that, I would put the following in my prayer (leaving the door open for the future cost reimbursement request):
"In addition, Plaintiff prays for such further relief as this Honorable Court may deem just and proper."

The type of costs what you can ask to be reimbursed are precisely regulated by the Local Rules. I'm afraid that you can't ask for your time, being a Pro Se Plaintiff, but you certainly can ask for the filing fee, mailing expenses (if you have receipts) and probably for the PACER expenses you incurred when you did electronic case research (of course, again with receipt/credit card statement). There is a time limit after the ruling in your favor; if you don't file a motion for your costs within the prescribed timeframe, you forfeit your costs.

 

[paz1960]

Where can I look at Local Rules

The Local Rules in my district are posted on the District Court's web site. The other place where you may find a hard copy is the Clerk's office in the Court.

 

[paz1960]

Hello all, does anyone know where to find out the name of the current director of USCIS in my district, and officer-in-charge of the sub-office? I can only find the mailing address, not the director's name. I intend to put the district director's name as defendant, immediately following Emilio Gonzalez.

it seems to me USCIS has high turn over ratio at the management level. Some of the names I found were for the year of 2005.

Thanks.

What is the exact location (town) of your USCIS District Office?

 

[Screaming_Eagle]

Here I am, about to deploy in a few months, WANT TO GO TO FLIGHT SCHOOL, ready to DIE for this country, and they can not move on my case an inch. My file is more than likely lost or thrown away on a shelf. The Army post newspaper I am stationed at did an interview with me to help me but don't know if that is going to help. I want to talk to FOX, I want to talk to NPR. I don't know what to do... And on top of that President is talking about some people becoming citizens on his speeches. Makes me want to scream until I have no voice anymore!

I WANT TO START A CAMPAIGN, I NEED A LOT OF HELP. I NEED THE AMERICAN PEOPLE KNOW ABOUT ME and MY STRUGGLE!

Yesterday I was told by my congressperson's staff that THEY CAN NOT DO ANYTHING MORE THAN CONTACTING A LIAISON IN THE IMMIGRATION SERVICE.

I asked if there is ANY OTHER WAY? He said "yes maybe the representative (and/or senator) may directly call the INS or FBI commissioner but he won't do that for you because you are ONLY ONE CASE! I need people lined up outside the office here"


I wanted to say the "F" word to him! ONLY ONE CASE... HOW COME I CAN NOT SAY THAT IS ONE LESS SOLDIER IN IRAQ!

Here is the news article in JPEG as attachment:

Bushmaster,

I am with you all the way my friend. We both are in the same district. I am willing to do everything I can. We both earned it. call me

 

[786riz]

Enjoy your victory paz

Big congratulate paz, you did it man. Enjoy your victory.
After your oath have a vacation in some warm place, like Hawaii. Weather is way cold in our area.

 

[needsolution]

I am the lucky guy who will be video tapped next month. Been married to a US Citizen for 9 years now. Have two kids together. She is a US Navy officer. I have already passed Citizenship test in 2004. Now they are asking for a second interview next month even though after filling lawsuit my back ground check cleared in November, 2006. They still want to Video tape me??. My only explanation why they choose to video tape me is so when all the department of homeland security employees get together at Michael Chertoffs house and they are drunk and having parties they can watch video tapes of “Department of Homeland Security’s Funniest Videos” to get a good laugh so they can make fun of a desperate guys like me. Lets hope they don’t ask me to sing saying “what can you do for your would be country”?.

How do you know that they want to videotape you in this second interview? Did the notice that you received say that they will videotape you in this second interview?

 

[Saarlaender]

This is regulated by the Local Rules. In my district, here is the relevant rule:

"Attempt to obtain concurrence - With respect to all motions, the moving party shall ascertain whether the motion will be opposed. In addition, in the case of all discovery motions, counsel or pro se parties involved in the discovery dispute shall confer in person or by telephone in a good-faith effort to resolve each specific discovery dispute. All motions shall affirmatively state the efforts of the moving party to comply with the obligation created by this rule." (Local Rule 7.1(d))

This means, that according to this rule, AUSA needs to contact Plaintiff if (s)he plans to file a Motion to dismiss. Because AUSA is required to file anything electronically (again this is regulated locally, but I saw practically in every district that AUSA files anything electronically), you can follow on PACER your docket. In a couple of days after filing (sometimes already next day) you can download thedocument Defendants filed. There is a so called "Roseboro Notice", which requires to notify a Pro Se plaintiff if a dispositive motion is filed against him/her. I don't know who is supposed to send you this notice: the Court or AUSA.

Hello LaPaz:

I have problems logging into the PACER system. I followed the instructions on the electronic info the court provided me with and which I had to send to all the defendents.
I assume that if the AUSA files for an extension/dismissal etc. that I will also be notified by certified mail??? I just don't want to miss any deadline or info.
There is something else I noticed. When I received the return receipt back from the CSIS it was stamped November 24. On the USPS tracking system it indicated that they received the summons on November 17 (including a name). Do you have any idea what day counts and why there is this discrepancy in the return receipt and the official tracking record?

Thanks again for all your assistance. I am going to try to contact the AUSA again next week after he failed to respond within the last 7 days.

Best

D.

 

[sksharma76]

Bushmaster if u are deploying they would expedite your name check my congressman confirmed that for me .all you got to do is send a letter to your senator with your deployment orders or fax it to the nebraska service center to the military liasion PM me and i can give you the fax number.I am in U.S Navy and stuck in name check too.Unfortunetly i am at duty station where they wont deploy unless u volunteer.I am filing my law suit on monday hopefully it would work otherwise i would volunteer for deployment and get my name check expedited.

 

[stucknamecheck]

is voluntary dismiss good or not?

Thanks a lot, paz!
Is voluntary dismiss not good?

Today is really great, I can't even follow how many of us got what we wanted. Congratulations!

If you have some written proof that your case was approved, you probably can go to the local USCIS office to have your passport stamped. After that you can contact AUSA and tell him/her that you are willing to join the government and file a joint Stipulation for a Motion to Dismiss. They will write the draft, ask them to send you for review before you agree to be filed.

 

[needsolution]

Can You say "NO" to VideoTaping of Second Interview

It appears that some naturalization applicants are being videotaped on their second interviews for various reasons. What I want to know is:

If USCIS wants to videotape you in your second interview, I believe they ask the applicant first if it is ok for them to videotape the interview before they start it. Can the applicant deny USCIS's request to videotape the interview at that time? What would happen then?

For example, what would happen if the applicant said to the interviewing officers, "No, I object to this interview being videotaped and I do not give USCIS permission to videotape this interview because I do not like being videotaped"

Does USCIS have the right to videotape the interview even if the applicant tells USCIS he/she does not want the interview to be videotaped?

Is there a law or regulation that is on applicant's side on this?

 

[aka808]

It appears that some naturalization applicants are being videotaped on their second interviews for various reasons. What I want to know is:

If USCIS wants to videotape you in your second interview, I believe they ask the applicant first if it is ok for them to videotape the interview before they start it. Can the applicant deny USCIS's request to videotape the interview at that time? What would happen then?

For example, what would happen if the applicant said to the interviewing officers, "No, I object to this interview being videotaped and I do not give USCIS permission to videotape this interview because I do not like being videotaped"

Does USCIS have the right to videotape the interview even if the applicant tells USCIS he/she does not want the interview to be videotaped?

Is there a law or regulation that is on applicant's side on this?

There are signs posted in the waiting area of the N-400 interview floor (From what i saw in my DO) that state that "Your interview may be videotaped and/or recorded".
You have the right to say "No" what happens after is only a myth. This is an internal process that USCIS has deployed, since they are the deciding authoirty on immigration matters (Unless you go to the Federal Courts) i doubt that one can successfully defend the videotaping without having a valid reason.
As they say "No pain no gain". I am still searching the USCIS site for any memo regarding this, but nothing so far.
My advise is, as long as it is videotaped and you having nothing to fear just go with it. They do make you sign a waiver before the recording and state that this is for internal USCIS use only.
I asked the interviewer if this video would show up on a "TV Show" "Big Brother" ... NO luck over there.