needsolution
Registered Users (C)
What if you refuse to sign this waiver? Then what would happen?aka808 said:
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Saarlaender
Registered Users (C)
whatsnamecheck said:
It sounds as if you might need to consider filing a civil suit under 1447 (b).
I tried the hole 9 yeards, getting my senator and congressman involved. Although all these MIGHT help, I believe that the only way to half-way accelerate the process is to get the judicial system involved.
I realize that the USCIS cannot do much more than waiting from the FBI response which can evidently only be truly accelaterated by the court system and pending suits. Fortunately, this website has fabululous information on the process.
I decided to go for it. Unfortunetately, in my opinion this seems the only way for a timely resolution of the matter.
You should definitely figure out why you can't login to PACER. You will need it a lot: to research similar cases, to follow your case. If I would not look to PACER in the evening when AUSA had to file something, I would not catch the trick what he tried to play (see my detailed reports on Thursday and Friday). I had no problem logging in as soon as I registered and got from the system my user name and password. Did you get your user name and password? I remeber vaguely something that it works only beginning of next day, but I might be wrong...Saarlaender said:
When AUSA requested 30 day extension, I got the judge's order by regular first class mail, but only after about two weeks.
When I filed the Certificate of service I used as proofs the web printouts from the USPS site. I don't have an explanation why the web tracking and the green card shows different dates. You should ask your post office if you really want to find out the answer.
The 60 day starts ticking from the date of service of the US Attorney's Office.
Here is the quote where I saw how much more is paying USCIS to FBI for the expedited processing of the name check:whatsnamecheck said:
"Pending FBI name checks.
Unlike other USCIS checks that return results within a few days at most, the FBI name check takes more than a month to complete for six percent of submissions. For one percent, the FBI takes more than six months to compile the hit information and verify that the initial hit matches the identity of the applicant. In December 2002, USCIS (then INS) resubmitted 2.4 million applicant names for expanded checks, * almost double the number USCIS typically submits in a year’s time. As of February 2005, USCIS reported 171,428 FBI name checks pending, including approximately 8,500 remaining from the December 2002 rerun. USCIS may pay the FBI double to “expedite” up to a few hundred FBI name checks per month. USCIS restricts these requests to certain cases, such as when the alien is about to become ineligible due to age, the applicant files writ of mandamus lawsuits to compel USCIS to complete adjudication, or other humanitarian factors. The “expedite” requests are insufficient to clear the backlog of FBI name checks."
from "A Review of U.S. Citizenship and Immigration Services’ Alien Security Checks" DHS, Office of Inspections and Special Reviews, Nov. 2005, doc. no. OIG-06-06, page 24-25
*Review of the Circumstances Surrounding the Naturalization of an Alien Known to be an Associate of a Terrorist Organization, INS Office of Internal Audit, December 13, 2002. In response to an incident that involved processing benefits for a member of a terrorist group, INS added searches of the FBI’s reference file to searches of the main investigation file.
Last edited by a moderator:
Saarlaender
Registered Users (C)
PACER Info
Hi LaPaz,
tonight I was finally able to log in. This is the info I found. Evidently nothing has happened.... no extension.
11/09/2006 1 Pro Se PETITION for Hearing on Naturalization Application under 8 USC 1447(b), against Alberto Gonzales, Michael Chertoff, Emilio T. Gonzalez, Robert S. Mueller, III (Filing fee $350 receipt number J24420), filed by D.XXXXXX.(SPW) (Entered: 11/13/2006)
11/13/2006 Summons Issued as to Alberto Gonzales, Michael Chertoff, Emilio T. Gonzalez, Robert S. Mueller, III, and the U.S. Attorney. (SPW) (Entered: 11/13/2006)
11/28/2006 2 RETURN of service by service on the Local U.S. Attorney on 11/14/06 and PROOF of service as to Alberto Gonzales (cannot read date), Michael Chertoff (no return receipt attached), Emilio T. Gonzalez (return receipt not complete), and Robert S. Mueller, III (no return recipt attached) by DXXXXXX (MGG) Modified on 1/22/2007 to modify docket text (sms). (Entered: 11/28/2006)
12/06/2006 3 NOTICE of designation under Local Rule 3.05 - track 1. Signed by Deputy Clerk on 12/6/2006. (VMF) (Entered: 12/06/2006)
12/12/2006 4 CERTIFICATE OF SERVICE by DXXXXXXX re 3 Related case order and notice of designation of track 1 (SJW, ) (Entered: 12/13/2006)
12/12/2006 5 PROOF of service by DXXXXXXX as to Michael Chertoff (MGG) (Entered: 12/14/2006)
01/19/2007 6 PROOF of service by DXXXXXXX (Titled: Delivery confirmation of summons in civil case) (MGG) (Entered: 01/19/2007)
I served the court with electronic proof of delivery where I did not receive a return receipt (FBI). PACER also lists the judge the case was assigned to. Another person to contact? Congrats on winning your case.
D.
paz1960 said:
Hi LaPaz,
tonight I was finally able to log in. This is the info I found. Evidently nothing has happened.... no extension.
11/09/2006 1 Pro Se PETITION for Hearing on Naturalization Application under 8 USC 1447(b), against Alberto Gonzales, Michael Chertoff, Emilio T. Gonzalez, Robert S. Mueller, III (Filing fee $350 receipt number J24420), filed by D.XXXXXX.(SPW) (Entered: 11/13/2006)
11/13/2006 Summons Issued as to Alberto Gonzales, Michael Chertoff, Emilio T. Gonzalez, Robert S. Mueller, III, and the U.S. Attorney. (SPW) (Entered: 11/13/2006)
11/28/2006 2 RETURN of service by service on the Local U.S. Attorney on 11/14/06 and PROOF of service as to Alberto Gonzales (cannot read date), Michael Chertoff (no return receipt attached), Emilio T. Gonzalez (return receipt not complete), and Robert S. Mueller, III (no return recipt attached) by DXXXXXX (MGG) Modified on 1/22/2007 to modify docket text (sms). (Entered: 11/28/2006)
12/06/2006 3 NOTICE of designation under Local Rule 3.05 - track 1. Signed by Deputy Clerk on 12/6/2006. (VMF) (Entered: 12/06/2006)
12/12/2006 4 CERTIFICATE OF SERVICE by DXXXXXXX re 3 Related case order and notice of designation of track 1 (SJW, ) (Entered: 12/13/2006)
12/12/2006 5 PROOF of service by DXXXXXXX as to Michael Chertoff (MGG) (Entered: 12/14/2006)
01/19/2007 6 PROOF of service by DXXXXXXX (Titled: Delivery confirmation of summons in civil case) (MGG) (Entered: 01/19/2007)
I served the court with electronic proof of delivery where I did not receive a return receipt (FBI). PACER also lists the judge the case was assigned to. Another person to contact? Congrats on winning your case.
D.
Bushmaster said:
I don't understand why u have to worry about any thing. My wife is militery and she was told specially by militery and CIS that if your husband (me) was active duty than Militery and CIS would get the entire citizenship process expediated and the entire ordeal would be over with in few months. I don't know if you have already tried militery working on your case instead of you doing all the lefwork.
Hiddendragon38
Registered Users (C)
Hi, paz1960,
I was planning to stick with the 30-day period I stated in my intent to sue. However, it was the holiday season, so I cut USCIS some slacks. (It ended up being around 45 days.) I am also moving pretty soon so my plan was to go to the court house as soon as I get the new address. I was in fact planning to file the complaint some time next week...
I was planning to stick with the 30-day period I stated in my intent to sue. However, it was the holiday season, so I cut USCIS some slacks. (It ended up being around 45 days.) I am also moving pretty soon so my plan was to go to the court house as soon as I get the new address. I was in fact planning to file the complaint some time next week...
paz1960 said: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
Saarlaender
Registered Users (C)
whatsnamecheck said:
Yes, but then what happens if the court rules in your favor and they award your compensation deemed as appropriate ($ 350 filing fee)? Then the USCIS is out of money again, LOL. No seriously, I believe that the $ 350 fee are exclusively for fees incurred by the U.S. District Court and that the USCIS is not oing to see a penny!
Do I have to server AUSA (send summons to AUSA local?)
congrats to the friends who have their tortures ended. a quick question for my I-485 WOM:
I listed the US Attorney General, FBI director, USCIS director, DHS director as the defendants and I server all of them. Do I have to send the summon the local AUSA? I suppose US Attorney General will assign the case to the local AUSA? I only have to send local AUSA the doc, not necessarily server the local AUSA office? looking for your answer.
Thanks,
congrats to the friends who have their tortures ended. a quick question for my I-485 WOM:
I listed the US Attorney General, FBI director, USCIS director, DHS director as the defendants and I server all of them. Do I have to send the summon the local AUSA? I suppose US Attorney General will assign the case to the local AUSA? I only have to send local AUSA the doc, not necessarily server the local AUSA office? looking for your answer.
Thanks,
Saarlaender
Registered Users (C)
Ausa
Yes, absolutely. In my district the clerk wanted me to fill in a form of a summons in a civil case which usually only the defendants receive and send the summons together with the petition to the AUSA who represents the defendents. Even though the AUSA is not a defendant and therefore should not legally be summoned, he is the attorney for the defendants.
To be on the safe side, just fill in a form "Summons in a Civil Case" attach your complaint and serve it to the AUSA as you have done it with the other defendants (U.S. mail -certified w/ return receipt). It worked in my case, i.e. he received it (PACER).
This is the info I received and as I am not a lawyer I decided to go with their advice.
Best of luck!
D.
tang2002 said:
Yes, absolutely. In my district the clerk wanted me to fill in a form of a summons in a civil case which usually only the defendants receive and send the summons together with the petition to the AUSA who represents the defendents. Even though the AUSA is not a defendant and therefore should not legally be summoned, he is the attorney for the defendants.
To be on the safe side, just fill in a form "Summons in a Civil Case" attach your complaint and serve it to the AUSA as you have done it with the other defendants (U.S. mail -certified w/ return receipt). It worked in my case, i.e. he received it (PACER).
This is the info I received and as I am not a lawyer I decided to go with their advice.
Best of luck!
D.
I saw cases represented by immigration attorneys, won and the judge awarded attorney's fee well over $10,000. Can you imagine, how many "expedite" processing could FBI done with that amount of money? So, I believe, that there is not much logic in this whole process, or at least I tried hard to discover something, without good result.Saarlaender said:
Saarlaender is right. You have to send a set of complaint+summons (both stamped by the court) to the US Attorney's Office in your federal district. Don't forget to put "Civil Process Clerk" in the address. The 60 day clock strats ticking from the day you served the US Attorney's Office.tang2002 said:
A small detail: although we have to serve the US Attorney General, according to my experience and info posted on this forum, the US Attorney General is not really involved in this whole litigation process. It is handled mainly by the Office of General Counsel in DHS/USCIS and by the AUSA assigned to your case. AUSA=Assistant US Attorney, there are many of them in each district. They are the attorneys who effectively hanndle the cases, their boss is the US Attorney for that particular district, this person is nominated by the President of USA and confirmend by the uS Senate and this is a lifetime psition, similarly to the US District Court judges. The US Attorney's boss is the Attorney General, who heads the Department of Justice and is a cabinet member.
Michael Chertoff is the Secretary of DHS, not director. He is also a cabinet member.
You should not try to contact the judge assigned to your case. At this stage all the possible negotiations should be between you and the counsel of the defendants: AUSA. In principle: if you want anything from the court, you should file a motion.Saarlaender said:
Why is posted in your docket at several defendants that no return receipt attached? Did you file a Certificate of Service similar to one I posted couple of days ago? As proof of service this Plaintiff used the receipts he received from the post office when he mailed the certified mails and the USPS tracking web site printouts showing the date of delivery. It worked for him, I used a very similar one (the difference was that I served the US Attorney's Office also by mail, not in person; they are in a different town, about 80 mi from where I live).
Saarlaender
Registered Users (C)
paz1960 said:
Dear Paz,
it took a bit longer for the return receipt from Chertoff. Initially the court was hesitant to accept receipts from the USPS electronic record system and pretty adamant about the original return receipts. Only when it was obvious that I would not receive the return receipt for the FBI I attached a copy of the Mail tracker (and yes, I know that there is a chance to get another mail delivery confirmation via USPS for a FEE) as evidence.
I mean, they have the mail receipts and can't double check on the USPS website if they don't believe my uncertified copy.
However, does this contribute to a possible delay?????
All the defendants have been served, I submitted Chertoff's receipt when I got it and a copy of the electronic tracking for the FBI.
Only the FBI never returned a "green card". I should have probably just filed the USPS electronic tracker despite the courts hesitation to accept it.
summerwine
Registered Users (C)
Building up a case to file WOM.
Hi,
I applied for a family based GC in October 2006. The RD on my I-130 and I-485 are both 10/06/2006 and a ND of 10/12/2006. I had my FP appointment on 10/31/2006. My interview was scheduled on 1/09/2007. I was told during my interview that my name check was pending and that they could not issue my GC till it came through. The officer however approved my I-130 - my finger prints and criminal check were cleared.
I have since then written to both my senators and my congressman. I haven't received any reply from their office as yet. I also wrote to the First Lady and haven't received any response. I have sent in a FOIPA request to the FBI and am waiting for a response.
I am told that making infopass appointments are really of no use and a waste of time because the officers there don't give out any new information. My question is - do I have to make infopass appointments to build a strong case? Also, do I have to wait a certain amount of time before I sue USCIS by filing a WOM?
Thank you.
Hi,
I applied for a family based GC in October 2006. The RD on my I-130 and I-485 are both 10/06/2006 and a ND of 10/12/2006. I had my FP appointment on 10/31/2006. My interview was scheduled on 1/09/2007. I was told during my interview that my name check was pending and that they could not issue my GC till it came through. The officer however approved my I-130 - my finger prints and criminal check were cleared.
I have since then written to both my senators and my congressman. I haven't received any reply from their office as yet. I also wrote to the First Lady and haven't received any response. I have sent in a FOIPA request to the FBI and am waiting for a response.
I am told that making infopass appointments are really of no use and a waste of time because the officers there don't give out any new information. My question is - do I have to make infopass appointments to build a strong case? Also, do I have to wait a certain amount of time before I sue USCIS by filing a WOM?
Thank you.
Saarlaender
Registered Users (C)
summerwine said:
Hi Summer:
this is my personal opinion. Based on the fact that I involved my Senator and Representative who took on the case but just told me what I already knew my advice would be to consider legal steps.
There is only so much you can do and as the FBI even states in their FYI leaflet that contacting your congressman or senator will not expedite your name check clearance, why bother?
I believe there is a certain amount of activity that is good to show when it comes to filing your suit but there is also a limit.
The FOIPA request will provide you with information but that will not speed up the name check request. The USCIS requested from the FBI that service and it is between those agencies to resolve the matter, i.e. for the FBI to provide the USCIS with the necessary information and for the USCIS to make decision based on that and possibly additional info (2nd interview) etc.
Again, I am not a lawyer but this is my personal opinion based on experience.
In most of the immigration related lawsuits, judges considered that waiting over 2 years without adjudication, can be considered unreasonable delay. It is important to build a strong case for a WOM lawsuit that you did everything possible to solve your case without litigation. See the following citation from a WOM lawsuit:summerwine said:
"We note, however, that USCIS responses received
by Congressman Chocola (and passed through to the
Plaintiff) state that the FBI may consider a request for expedition
of a background check provided that the request
is made in writing with an explanation for consideration
accompanied by supporting evidence. There are limited
circumstances in which the FBI will consider such an expedited
process, but one of those reasons includes "for
compelling circumstances." (See Plank Letter of June 15,
2006). There is no allegation in the Plaintiff's complaint
that he made a written request for expedited background
check and/or that the FBI denied any such request.
....
We recognize that the Plaintiff is frustrated with length
of time that USCIS is taking to respond to his application.
At the same time, however, we note that it does not appear
that he has requested an expedited review from the FBI.
n2 We further note that the amount of time that the FBI
has taken to complete the Plaintiff's background check
has not yet begun to approach what we would consider
an unreasonable amount of time."
from Abdelkahleq v. BCIS District Director et al. NO. 3:06-CV-427 PS, 2006 U.S. Dist. LEXIS 50949 (N.D. Indiana, July 21, 2006)
Wow, your CIS is being really generous. After 8 months of post-interview waiting I sent the same letter to my San Jose Sub-Office. They instructed me not to bother them any earlier than at least 6 months from the date of their reply.whatsnamecheck said:
Best of luck,
snorlax
tang2002, you didn't screw up
You didn't screw up, you have 120 days from the date of filing your complaint to serve the defendants and the US Attorney's Office. But the time (60days) will start ticking only after you served the US Attorney's Office.
You didn't screw up, you have 120 days from the date of filing your complaint to serve the defendants and the US Attorney's Office. But the time (60days) will start ticking only after you served the US Attorney's Office.
Last edited by a moderator: