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

[786riz]

According to AUSA, my name check has completed and he sent me a copy of the motion to remand today to ask my assent. CIS has 45 days to adjudicate my application after the remand. I certainly hope I can hear from CIS soon.
I wish everyone good luck and I hope I hear good news from CIS soon.

Congratulation, enjoy the victory.

 

[Ninyte]

My husband filed N400 back in March 2004. on April 15, 2004 USCIS innitiated name check for him. He got his interview date, but had to withdraw his file due to personal issues. Then in October, 2005 he filed N400 again. In Nov, 05 USCIS innitiated name check again. In Feb, 06 he got fingerprinted, and in May, 06 he passed his interview.
Now we wait. He went to infopass just last week and they said name check pending. As soon as they get their answer for ANY of the two innitiated name checks we'll hear from them.
At first when we thought that we are waiting for 9 months it didn't seem too bad, but now that we found out that actually we are waiting for almost 3 years we are ready to file a lawsuit.
Here's the problem I have. He filed in Vermont. Welived in New Hampshire at a time. He went to interview in New Hamshire. Just recently we moved to Maryland. We haven't moved his case here yet, just hoping we'll get an answer. If we file what should we do. Should we transfer his case to Maryland? Where should we file: New Hampshire or Maryland?
If anybody has any thoughts I would really appreciate that.

 

[paz1960]

My husband filed N400 back in March 2004. on April 15, 2004 USCIS innitiated name check for him. He got his interview date, but had to withdraw his file due to personal issues. Then in October, 2005 he filed N400 again. In Nov, 05 USCIS innitiated name check again. In Feb, 06 he got fingerprinted, and in May, 06 he passed his interview.
Now we wait. He went to infopass just last week and they said name check pending. As soon as they get their answer for ANY of the two innitiated name checks we'll hear from them.
At first when we thought that we are waiting for 9 months it didn't seem too bad, but now that we found out that actually we are waiting for almost 3 years we are ready to file a lawsuit.
Here's the problem I have. He filed in Vermont. Welived in New Hampshire at a time. He went to interview in New Hamshire. Just recently we moved to Maryland. We haven't moved his case here yet, just hoping we'll get an answer. If we file what should we do. Should we transfer his case to Maryland? Where should we file: New Hampshire or Maryland?
If anybody has any thoughts I would really appreciate that.

Acording to the statue (8 U.S.C. 1447(b)) you can file a petition for judicial review of an N-400 application which was not adjudicated in less than 120 days after the examination in the federal district court where you reside. So if you reside now in Maryland, you should file the lawsuit there. Doesn't matter, where is the alien file and where did you live at the moment of filing. I'm sure that you were aware that after moving you have only 10 days to announce USCIS the new address (form AR-11). There are some really harsh potential consequences for aliens who forget this.

 

[NYImmigrant]

Can someone suggest me a decent lawyer in New York City to file the WOM. Also PM me how much he/she charges to file the case. Thanks.

 

[sfdurrani]

Re: Expedited Name Check

Hi Paz!
I finally found this Yu v Brown! What an interesting case. I am attching the final opinion of Judge with this post for forum members. I would also point out that the decesion was upheld by the appeals court and plaintiff's were awarded 15,000$ in attorney fees also. What a defeat for USCIS!

You mentioned in one earlier post
"Paunescu v. INS, 76 F. Supp. 2d 896, 900 (N.D. Ill. 1999) (district court jurisdiction to review INS’s failure to timely adjudicate adjustment application is not barred by § 242(a)(2)(B)(ii) because INS had not yet granted or denied relief). The court concluded that it had mandamus jurisdiction over the challenge. Id. at 901.

Yu v. Brown, 36 F. Supp. 2d 922, 929-30, 935 (D. N.M. 1999)

These two cases are probably too old to find them on-line with PACER. You need to go to a law library where you can find them in the federal Suppliment."

Can you please further elaborate on the significance of this judgement and how it is helpful in my case.
I really appreciate your response

Hi Paz , Wenlock and others!

Yesterday I contacted AUSA to find out when the request for expedited name check was made from USCIS to FBI. He said he would send my e-mail to CIS and find out. Today he responded back and said that it was done on December 20,2006. I am little surprised. I filed my WOM 11/22/06 and AUSA was served on 11/29/2006. Why it is three weeks before they request name check. Does anyone else has similar experience?
Also paz I am still waiting for your comments on Yu vs Brown and how it will be useful in my case? I appreciate your response.

 

[Ninyte]

Acording to the statue (8 U.S.C. 1447(b)) you can file a petition for judicial review of an N-400 application which was not adjudicated in less than 120 days after the examination in the federal district court where you reside. So if you reside now in Maryland, you should file the lawsuit there. Doesn't matter, where is the alien file and where did you live at the moment of filing. I'm sure that you were aware that after moving you have only 10 days to announce USCIS the new address (form AR-11). There are some really harsh potential consequences for aliens who forget this.

We did send AR-11 after we moved, but it did not change address on an existing case. That you have to do separately (call them and change it - at least that's what I think). My husband went to infopass appointment in Baltimore, too. They said, that to transfer his case here, he would have to do everthing all over again: fingerprints, interview. Smth. like - new place, new case. That's why he made an appointment and flew to New Hampshire to try to figure out something there. Is this possible that they would make him do everything all over again?

 

[sfdurrani]

Hi all gurus!

I am drafting my stipulations to the joint status report (JSR) and have two questions:

1- I need some case examples other than one posted earlier to rebuttle the assertion that Mandamus Act and Declaratory Judgement Act are waviers of soverign immunity.

2- Does anyone have good examples of discovery plan?

I appreciate your response.

Thanks
sfdurrani

 

[whatha]

Ok I hear every one talking about Pacer. I did register in Pacer but it says every single page is gonna cost $8 cents. Is that what you guys have to do or I am not doing some thing properly?

 

[whatha]

Pacer

Ok I hear every one talking about Pacer. I did register in Pacer but it says every single page is gonna cost $8 cents. Is that what you guys have to do or I am not doing some thing properly?

Second and more important question I have is that I filed the lawsuite. Than US Attorney and his gang filed a "Motion to Dismiss" than I filed my response that they can't file motion to dismiss than they send "Rebuttal". Now I just got interviewd second time couple of weeks ago which was video taped and lasted 1 hour. One week before I went for my second interview Judge Denied the motion to Dissmiss and remanded the case to CIS with instruction that CIS make decision within 120 days from "this mondemus". Question I have is if the Judge talking about 120 days from when my back ground cleared which was back in November 2006 or She is talking about 120 days from the day she denied motion to dissmiss? which was 3 weeks ago?.

In my opinion 120 should start from the day my back ground check cleared in November 2006 not in February 2007.

By the way this is my third year after passing my first interview.

 

[whatha]

i never saw a report that sending a letter of intent to sue to the US Attorney's Office produced any results. There are some reports that sending this letter to USCIS in some cases helped, but certainly not in my case.

The reason why I don't think that the US Attorney will care about the letter of intent to sue, is that they deal only with lawsuits. Till they don't have a complaint filed in the district court, they don't have a "case", so they can't assign it to an AUSA, and they can't work on it. And they are right: when you will file the complaint, they will be your adversary, they will represent the government who will be the defendants in your case. Of course, they would be also interested to settle the case outside litigation, but usually they do whatever the DHS/USCIS/FBI General Counsel tells them to do.

As wenlock said, you should be prepared for the hearing or to oppose the motion to dismiss. It is definitely a bad idea to only file the complaint and cross your finger and hope that your case will be finished before more actions should be taken in the litigation.

I agree with Paz1960 that u should be in this deal to get some battle scars. I am in the middle of that battle myself. Judge has Denied the motion to dismiss from US Attorney and remanded the case back to CIS with instruction to take action with in 120s per law. Now I got interviewd again for the second time by CIS after exactely 3 years and some days. Like I said before this is a "Law Suit driven society" we are living in.

 

[whatha]

My case was marked on pacer as terminated (after a summary judgment made by the judge to remand back to teh USCIS without any instructions), but, not closed, under what circumstances I can reopen a case? and what is the difference between terminated and closed??

Don't be disappointed Hayyyoot. This is an on going battle. Don't look at people who are better off than you are look at people who are worse off like myself. Its been over three years for me and I am still fighting.

I have read one case here in this blog a US airforce F16 fighter pilot is also fighting CIS like ourselves. So this CIS process is very much flawed. If we don't hang tight to our grounds than no body will fight for us.

 

[lotechguy]

Now I just got interviewd second time couple of weeks ago which was video taped and lasted 1 hour.

Why did they need a second interview and what was asked ?

 

[kefira]

Info Pass and the 800 number for CIS is a Joke and a waste of our Tax Money. Did you know 800 numbers is answered by several times by a call center in Africa whose reps are most unhelpful and unprofessional and know nothing. What I do is each time I get some body in that center I hang up and call again when I get some body in TX and than I ask to be xferd to an Officer. Who some times have helped me answer few questions. But the response I have received from filling lawsuit is the best even though I am still suffering .

I do not understand your reply to my post. What is the connection between 800 number and reply that another member of this forum is waiting from AUSA after filing the case that I gave an answer?

 

[kefira]

Ok I hear every one talking about Pacer. I did register in Pacer but it says every single page is gonna cost $8 cents. Is that what you guys have to do or I am not doing some thing properly?

Yes, this is all of us is doing. 8 cents per page.

 

[Saarlaender]

N-400/Name Check/ $$

I had the exact same thoughts about this remand with no precise timeline. Such a decision is certainly frustrating the intent of Congress, who wanted to provide a way to get a stalled application moving if the Service is not doing their job. By sending back to them without specifically instructing them how and under what timeline to proceed, the whole lawsuit is like Shakespeare's play: Much ado about nothing.

On the other hand, care should be taken that the 'specific instructions' should not contain a deadline only for USICS to adjudicate the application; if FBI is left out of the judge's order, USCIS can deny the application at the end of the 'grace period', arguing that they can't approve an application without the completed name check and because they are bound by the court order, the only option left for them is to deny the application. Rather, the prayer for relief should ask the judge to order:
1. USCIS should immediately ask FBI to expedite the name check (if they didn't do already);
2. FBI should complete the name check as soon as possible but not later than XX days after the order;
3. USCIS should adjudicate the application as soon as possible but not later than YY days after receiving from FBI the result of the name check;
4. If the decision is to grant the application, USCIS should schedule the oath ceremony as soon as possible but not later than ZZ days after adjudicating the application.

(I put XX=30, YY=15, ZZ=15, rather optimistic )

Dear Paz and other helpful members,

after I talked to my AUSA and he told me that according to the litigation report the FBI has completed my name check which is now waiting to be sent in a batch (the results are not sent individually but the FBI evidently waits till they have collected some) to the UCSIS for review and adjudication.
Now he left me with the option of remanding the case to the UCSIS for adjudication or extending the deadline for my WoM for another 60 days. I opted for the last and he duly filed an unopposed motion to this extent (according to pacer).
I had the feeling the case would better remain under the jurisdiction of the Federal Court instead of being remanded to the USCIS, especially after the positive experiences I had with the AUSA. My question though is how do I get the filing fee back? I put this request exclusively in my prayer.
Provided the judge agrees to the motion to extend the timeline how and when would be a point to try to collect the fee. I am sure that it has to be a court ruling. If the adjudication process by the USCIS is completed I assume the AUSA can file for a dismissal (which would of course be unopposed). Would that be the point under which the judge could dismiss the case still honring this part of my prayer?
Also does anybody have an idea of the timeline (I can hear the laughter) between completion of the FBI name check and the next action (2nd fingerprinter, new interview or naturalization) of the USCIS?

Thanks so much!

Best

D.

 

[pankajkandhari]

Great Job !!!

here it is.

Thanks for such valuable information. It is because of people like you this forum is so important and useful.

 

[whatha]

My second interview for N400

Why did they need a second interview and what was asked ?

Second interview amazed me as well. Specially when my back ground have already cleared last November and Judge has already ordered CIS to resolve issue in 120 days. I don’t even have a freaking speeding ticket under my belt and absolutely no skeletons in my closets. Married to a US Citizen for 9 years with kids, work my butt off and pay tons of taxes. I passed first interview over 3 years ago and have been finger printed twice by now since finger prints expire every 15 months. Now I am due for figure prints again.
I believe I was a “chosen one” for the second interview because I am from Pakistan and a Muslim. So more than half of their questions were regarding my activities as a Muslim for example,
• Do you belong to Taliban or have any ties with them? ---Hell NO
• Do you belong to any organization or club? ---Yes Red Cross because I donate blood some times
• What mosque do you belong to? --Mam Mosques are not like churches where you have to belong, any body can go to any mosque no questions asked so I go to any mosque that is closer to me
• Why do you go to that mosque? -- Because that mosque have several activities that me, my wife and kids enjoy for example every Friday Joint potluck with a church across from our mosque
• What do you guys talk about when you meet with your friends in Mosque? --We like to eat so we talk about who’s house we are going to meet up and who is cooking
• How did you meet your wife? --In my class
• Application says you have 3 kids but you are saying you have 4 kids – Yes mam I filed application 5 years ago and I passed N400 interview over 3 years ago so we just had another baby 2 months ago
• Did you bring her birth certificate? –No mam you did not ask for it
• What religion is your wife? --Now she is Muslim
• Did you convert her? --No mam she did it on her own
• R your kids converted? --Kids don’t have to be converted mam they just follow their parents foot steps
• How many times you have been to Pakistan every since you came here 16 years ago? -- Two times
• Did you go to any camps in Pakistan – No mam
In the end they told me they will contact me if they have any more questions. Haven’t heard back yet been two weeks now. I might call 800 number again tomorrow to see if they can schedule me for 3rd fingered prints because mine expired in last December.

 

[sfdurrani]

I believe I was a “chosen one” for the second interview because I am from Pakistan and a Muslim. So more than half of their questions were regarding my activities as a Muslim for example,
[/QUOTE]

I think you made it after 2nd interview,since your name is already cleared. If this still does not do it sue them on 121st day after interview. That is the way to go these days. I am also a "chosen one" from Pakistan like many of us. I am waiting for my name check to be cleared for 29 months for my I-485.
Sincerely
sfdurrani

 

[swimfitness]

NO fees back

Dear Paz and other helpful members,

after I talked to my AUSA and he told me that according to the litigation report the FBI has completed my name check which is now waiting to be sent in a batch (the results are not sent individually but the FBI evidently waits till they have collected some) to the UCSIS for review and adjudication.
Now he left me with the option of remanding the case to the UCSIS for adjudication or extending the deadline for my WoM for another 60 days. I opted for the last and he duly filed an unopposed motion to this extent (according to pacer).
I had the feeling the case would better remain under the jurisdiction of the Federal Court instead of being remanded to the USCIS, especially after the positive experiences I had with the AUSA. My question though is how do I get the filing fee back? I put this request exclusively in my prayer.
Provided the judge agrees to the motion to extend the timeline how and when would be a point to try to collect the fee. I am sure that it has to be a court ruling. If the adjudication process by the USCIS is completed I assume the AUSA can file for a dismissal (which would of course be unopposed). Would that be the point under which the judge could dismiss the case still honring this part of my prayer?
Also does anybody have an idea of the timeline (I can hear the laughter) between completion of the FBI name check and the next action (2nd fingerprinter, new interview or naturalization) of the USCIS?

Thanks so much!

Best

D.

I do not think there is an option for you to get the court fees back, unless the case goes to trial and the judge casts a verdict in your favor and unless of course you requested a refund for court fees in your Prayer.

Be grateful for the outcome you have now, as opposed to wanting more.....

 

[whatha]

I believe I was a “chosen one” for the second interview because I am from Pakistan and a Muslim. So more than half of their questions were regarding my activities as a Muslim for example,

I think you made it after 2nd interview,since your name is already cleared. If this still does not do it sue them on 121st day after interview. That is the way to go these days. I am also a "chosen one" from Pakistan like many of us. I am waiting for my name check to be cleared for 29 months for my I-485.
Sincerely
sfdurrani[/QUOTE]

Yea lets hope I made it but I've heard stories otherwise as well for second interview. Since they interviewed me over 3 years ago and now if they want they can come up with some crap like "I did not mention in my interview 3 years ago that we were going to have another baby". Sounds stupid but any thing is expected from CIS. Like that F16 pilot in US Airforce stated in this blog last month they they denied him in second interview so he is going to CNN, NPR and all the media since he is so mad at CIS for doing this to a guy who is really protecting their freedom. US Air Force can trust him with close to a billion dollar plan yet CIS does not think they can trust him.
I'll keep you posted what is the outcome of second interview.