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

james_gmail said:
Hi, everyone, I just filed a suit on March 8. 2007.

I need your urgent help. I just found the clerk put my case in the category of "other civial rights" instead of "other statutary action". Can I contact the court to make the correction? Should I resend the summon in this case?
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Don't worry about clasification it really does not matter it is just for documentation. You can call court clerk and let him know for your satisfaction if needed he can amend it for you but bottom line is no worries.

Make sure you serve defendents properly and file certificate of service back to court.
 
upset

yvesliu, I totally agree with you, I am in dark totaly, my extension is almost over, but I have no clue what AUSA is doing. However, it seems to have another extension for AUSA is best choice currently.

yvesliu said:
The problem is that I am not really sure if this new AUSA is trying to help at all. I don't know if my name check is indeed expedited or not. Too many unknowns.
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Question on Return of Service

Hi, I sent my summons to defendent through USPS by myself.

I just realized that when I submitted the form of "RETURN of Service" to the court, I did not sign "Declaration of Server". Is that okay? If it is not okay, can I call the clerk to amend a new form with my signature (since I am the server").

Also a question on pacer. If the "Return of Service" is accepted by the court, could I see an update on pacer. How can I know it is accepted by the court?
When I submitted it to the court in person, the clerk did not bother to take a look at them to see whether they are okay at all and just ask me to leave the files there.
 
james_gmail said:
Hi, I sent my summons to defendent through USPS by myself.

I just realized that when I submitted the form of "RETURN of Service" to the court, I did not sign "Declaration of Server". Is that okay? If it is not okay, can I call the clerk to amend a new form with my signature (since I am the server").

Also a question on pacer. If the "Return of Service" is accepted by the court, could I see an update on pacer. How can I know it is accepted by the court?
When I submitted it to the court in person, the clerk did not bother to take a look at them to see whether they are okay at all and just ask me to leave the files there.
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The only way I can think of is to check with the clerk. Service is a very important step – there are cases out there dismissed due to improper service.

Usually all documents filed appear on PACER two-tree days later.

Best of luck,
snorlax
 
james_gmail said:
Also a question, when should I start to contact the local district attonery's office? After they received my summon?
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The rule of thumb here is to contact AUSA’s office in about two weeks after the date of service and ask if anybody is assigned to your case.

snorlax
 
8 USC § 1444b

I am planning to WOM. At the very beginning of understanding of all the keywords.

This website/forum is great. I have just read 20-30 pages. I understand I need to read more.

Is there online reference for all codes, for example, 8 USC § 1444b ?
 
FBI FOIPA response letter

Dear All:

I am a newcomer of this forum, and I've been following this thread for a while. I think this is a great forum with many knowledgable people. I've been stuck in the name check process for more than a year now since I was interviewed by USCIS on Feb 2006 for my N400 application.

As suggested in this forum, I request a FOIPA from FBI. I got a "No records" in their search for the main files. However, they also mentioned in the letter that I can file an administrative appeal by writing to the Director, Office of Information and Privacy, United States Department of Justice.... within sixty days from the date of this letter.

Does this mean that if I'm not satisfied with the FBI response, then I can appeal to the Director? Has anyone received a similar letter?

BTW, in the letter, they referred me as Mr.... which is not right, since I am a female. So, I wonder how accurate these checks are.

Thanks in advance for your help!
 
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Mr.Forever485 said:
I am planning to WOM. At the very beginning of understanding of all the keywords.

This website/forum is great. I have just read 20-30 pages. I understand I need to read more.

Is there online reference for all codes, for example, 8 USC § 1444b ?
Click to expand...

Go to www.google.com and type in "8 USC § 1444 b". The very first result is law.onecle.com/uscode/8/1444.html

Why do you need the number of photographs for an application? (this is the content of 8 USC § 1444 b). I'm just curious...
 
sweetapple said:
Dear All:

I am a newcomer of this forum, and I've been following this thread for a while. I think this is a great forum with many knowledgable people. I've been stuck in the name check process for more than a year now since I was interviewed by USCIS on Feb 2006 for my N400 application.

As suggested in this forum, I request a FOIPA from FBI. I got a "No records" in their search for the main files. However, they also mentioned in the letter that I can file an administrative appeal by writing to the Director, Office of Information and Privacy, United States Department of Justice.... within sixty days from the date of this letter.

Does this mean that if I'm not satisfied with the FBI response, then I can appeal to the Director? Has anyone received a similar letter?

BTW, in the letter, they referred me as Mr.... which is not right, since I am a female. So, I wonder how accurate these checks are.

Thanks in advance for your help!
Click to expand...

Wellcome to this forum, sweetapple.
Essentially everybody who didn't have an arrest or conviction got the same standard answer to the FOIPA request from FBI. This means that FBI doesn't have a file under your name, you were not subject of an investigation. However, thsi doesn't tell anything about the possible appearance of your name in somebody else's file. The first search is done in the "main" file system, the name check is done searching besides the main file system also the "reference" file system and all kind of combinations of your first, middle, last name, different phonetic spelling etc. There can be a million cause why your name was flagged in the first automated search. Now a real person, an FBI agent has to manually check their record to verify if the "hit" is a real one (with possibly some derogatory info about you) or a "false positive" as in most of the cases.

Yes, you can appeal their answer but I believe that you would just waste your time. FBI never tells you what triggered the initial flag in the automated part of the name check; apparently the only way to get out from this black hole is to file a complaint in your district court.
 
james_gmail said:
Hi, I sent my summons to defendent through USPS by myself.

I just realized that when I submitted the form of "RETURN of Service" to the court, I did not sign "Declaration of Server". Is that okay? If it is not okay, can I call the clerk to amend a new form with my signature (since I am the server").

Also a question on pacer. If the "Return of Service" is accepted by the court, could I see an update on pacer. How can I know it is accepted by the court?
When I submitted it to the court in person, the clerk did not bother to take a look at them to see whether they are okay at all and just ask me to leave the files there.
Click to expand...

I believe that it is not OK if you didn't sign an official court document. I would submit another round of "return service" properly signed. snorlax is right, your lawsuit can be dismissed if there are formal deficiencies.
 
paz1960: Thank you for your quick reply

Now the only choice left is to file a lawsuit. But, I don't know if I should do it now or should I wait for a while to see if my name check can be cleared. I understand that the lawsuit is going to take a lot of time and energy from my normal life... but I don't want to be stuck in the black hole forever. Very tough choice indeed.
 
sweetapple said:
Now the only choice left is to file a lawsuit. But, I don't know if I should do it now or should I wait for a while to see if my name check can be cleared. I understand that the lawsuit is going to take a lot of time and energy from my normal life... but I don't want to be stuck in the black hole forever. Very tough choice indeed.
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That is the conclusion many of us have arrived at. I personally know 3 people stuck in this dreaded namecheck for 4+ years after the interview. For 2 of them it really is a serious problem as they can not take the jobs of their dream because of clearance requirements – stuck forever in the positions for which they are overqualified with no chance of any career growth.

Well, “Mr.” in the FOIPA reply should probably be mentioned in the Complaint as it would help demonstrating to the judge how sloppy the FBI really is. Error like this could be the whole reason for triggering a false positive in the namecheck.

Best of luck,
snorlax
 
Address of Director of USCIS, California Center

I'm going to file in the Northern California District and I'm going to put CHRISTINA POULOS, Acting Director of the U.S. Citizenship and Immigration Services, California Service Center, as a defendant. The address I found about her was
US Citizenship and Immigration Services
California Service Center
P.O. Box 30111
Laguna Niguel, CA 92607-0111
Is this correct? This is a PO Box. Can I send the summon to a PO Box. Will I get the return receipt?

Also today I found that my case of 485 had been transfered to Nebraska Center from California Center? What does this mean? Do I need to put the director of Nebraska Service Center as a defendant?

Thanks.
 
FOIPA requests... my experience.

paz1960 said:
Wellcome to this forum, sweetapple.
Essentially everybody who didn't have an arrest or conviction got the same standard answer to the FOIPA request from FBI. This means that FBI doesn't have a file under your name, you were not subject of an investigation. However, thsi doesn't tell anything about the possible appearance of your name in somebody else's file. The first search is done in the "main" file system, the name check is done searching besides the main file system also the "reference" file system and all kind of combinations of your first, middle, last name, different phonetic spelling etc. There can be a million cause why your name was flagged in the first automated search. Now a real person, an FBI agent has to manually check their record to verify if the "hit" is a real one (with possibly some derogatory info about you) or a "false positive" as in most of the cases.

Yes, you can appeal their answer but I believe that you would just waste your time. FBI never tells you what triggered the initial flag in the automated part of the name check; apparently the only way to get out from this black hole is to file a complaint in your district court.
Click to expand...

I defenitely have an FBI record, I was questioned by the FBI twice after as I was flying on the 9/11. Still my FOIPA came back with "No record". I am stuck with the name check now.
I don't think we can draw any conclusions based on the FOIPA. I agree with Paz its a waste of time fighting for the FBI records, firstly you will never know the accuracy and depth of the report. Secondly USCIS claims FBI is only a part of the name check process.
Looks like its upto the Judges now.
 
Citizenship Promotion Act of 2007 - A ray of hope??

Citizenship Promotion Act of 2007 by U.S. Senator Barack Obama (D-IL) and U.S. Rep. Luis Gutierrez (D-IL):


"In addition, the CPA would strengthen our national security by providing for greater accountability in the system of conducting background checks on naturalization applicants. Many naturalization applicants have experienced lengthy waiting times during their application processing because these checks are not completed in a timely manner. The bill generally would require the FBI to complete those background checks within 90 days, and impose documentation and Congressional reporting requirements on the FBI if background check delays for specific applicants extend beyond that period. The CPA also would mandate a comprehensive Government Accountability Office (GAO) study on the FBI's background checks procedures."

I have quoted some part of the bill...

Do you think we should send support letters to the senator, will that add weight ??? What do you all think??

I am not sure when and if it will ever be immplemented... But may be writing to senator supporting him will help?? Just expressing my opinion..
 
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I came across 7 USC 1444b in this thread. I am very new to this thread. Now I am trying to understand keywords or online reference for keywords.

Actually I did not know that this is about photographs:) I have long way to go before I understand WOM!!!!
 
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