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

Guys,

Just filed WOM 1/16/07. I need advice from you guys here.

Motown

Name check are mostly valid for lifetime for same type of application if it is some other kind of application like GC and N-400 they run seperate name check for each application. You can certainly use that argument and make senator inquiry and get some proof in hand and file it with court that your name check got cleared.
 
Name check are mostly valid for lifetime for same type of application if it is some other kind of application like GC and N-400 they run seperate name check for each application. You can certainly use that argument and make senator inquiry and get some proof in hand and file it with court that your name check got cleared.

I do not agree. I posted here previous the document and it said clearly for how long it is valid.
 
Hello All
Today I went to downtown Los Angeles and I have done my oath, they were almost 78 people, went in at 12:30 and done by 1:30.
I remember 10 moths ago before I filed my lawsuit I used to come here and see people talking about how to sue the USCIS and get what theirs, and to file lawsuit, how and talk about oath ceremony .. Today I look back and say if I did not act and sue them, I won’t be here, I won’t be citizen. The law is clear and easy to understand.

My advice for you all, don’t worry about anything just go after your right, ask equations, if you make mistakes, that is ok, everyone does… try to find someone who you really trust and talk to that person, I know sometimes we go through time where you think NOONE understand you. My advice to you when you come to this forum, you come for advice and sharing information, NOT to fight with each other, I am so sure if you some of the guys who is here, you will love to be their friend …. Just try to take care of your self ..


Good lucky to all, and wish you all the best
Congratulations MR LA!
Well-deserved victory! Come back and see us sometimes.

Enjoy you citizenship!
snorlax
 
N-400 applicants READ this!

This is an excellent point for 1447b cases. Here is the memo instructing offices to use this. The language in the memo clearly states "120 days after interview", not "examination"! Anyone preparing 1447b OMTD (opposition to MTD) must use this.
In my opinion, this document posted by lotechguy is one of the most important ones posted in long time on this forum. Thank you for this lotechguy. I am really curious, what will be their explanation when this memo will surface in front of a judge in such a lawsuit. How can they try to deny that "examination" is not only the "interview"? This is a clear, plain admission of this fact. Wow...I don't really have words to express my surprise that this memo didn't surface earlier on this forum. I consider it extremely useful and should be a centerpiece in everybody's Opposition to a Motion to Dismiss or Remand.
 
Hi Paz1960,
Can I include this memo in my 1447b suit? is it a wise thing to do?
Thanks,

In my opinion, this document posted by lotechguy is one of the most important ones posted in long time on this forum. Thank you for this lotechguy. I am really curious, what will be their explanation when this memo will surface in front of a judge in such a lawsuit. How can they try to deny that "examination" is not only the "interview"? This is a clear, plain admission of this fact. Wow...I don't really have words to express my surprise that this memo didn't surface earlier on this forum. I consider it extremely useful and should be a centerpiece in everybody's Opposition to a Motion to Dismiss or Remand.
 
defendants and addresses

Hi all,
I am in the final stages of typing my 1447b suit and would need the latest info on the defendants and their addresses. Thank you all for your help.
 
Hi Paz1960,
My N652 is the old version, it doesn't have anything about the 120 days. I did my citizenship interview on 9/2005. Do you think I should mention this in my suit and include the memo?
Please advice. Thanks.
 
Immigration reform by Obama ( Name Check within 90 days)

Can you plz tell me where to send the letter? Is there any website/url related to this? Also, is this only for citizenship name or does it apply for greencard name check too?

time is running out.. we must send letters in next 4-5 days..
 
Hi Paz1960,
My N652 is the old version, it doesn't have anything about the 120 days. I did my citizenship interview on 9/2005. Do you think I should mention this in my suit and include the memo?
Please advice. Thanks.

As I wrote before, I would keep this memo for the opposition to a motion to dismiss or remand.
 
Dear ncblackhole,
I wasn't annoyed at all. I just wanted to give you an explanation, why every second post in this thead is about naturalization cases. I'm sorry if I created an impatient impression using the word "complain". I really didn't want to offend you or anybody else. Let's try stay focused on the job we have to do: win our cases in court and help each other with everything we can.

You are the BEST PAZ.. you are right, we need to help each other and WIN.. most important thing is WINNING...
 
Can you plz tell me where to send the letter? Is there any website/url related to this? Also, is this only for citizenship name or does it apply for greencard name check too?

Hello Mr. Forever485...

Here is the link I posted before


Link: http://www.petitiononline.com/nc082505/petition.html

If you want to see original posting then go to post # 9580

Sign it and send it to other people. Send signed petitions to your senators, congressperson.. or fax it to them.

Thanks
 
Thanx GC-Pending for the website. I think I should also, #4 is the AUSA exact words, and it could mean that AOS is a grace, as you mentioned; but I think "protected liberty and property interest" has a specific meaning; I googled and found some non-immigration cases where they tried to argue that a job is a property interest, so I thought I could argue that my job is at risk so AOS is related to property interest.

To be safe, I think you can put both points (Non-discretionary and Job/House issues) in your OPP.
 
This is an excellent point for 1447b cases. Here is the memo instructing offices to use this. The language in the memo clearly states "120 days after interview", not "examination"! Anyone preparing 1447b OMTD (opposition to MTD) must use this.

In my opinion, this document posted by lotechguy is one of the most important ones posted in long time on this forum. Thank you for this lotechguy. I am really curious, what will be their explanation when this memo will surface in front of a judge in such a lawsuit. How can they try to deny that "examination" is not only the "interview"? This is a clear, plain admission of this fact. Wow...I don't really have words to express my surprise that this memo didn't surface earlier on this forum. I consider it extremely useful and should be a centerpiece in everybody's Opposition to a Motion to Dismiss or Remand.
lotechguy, you are the man!

This is such great ammo – it allows all 1447b plaintiffs to blast any Danilov-style arguments by AUSAs! Lets see if I will have a chance to use it in my OPP.

Now remands without a deadline become primary problem for 1447b litigation.

Thanks again, lotechguy!
Best of luck to all!
snorlax
 
oath ceremony

hi guys,
i want to take a moment and thank the founding "fathers" of this forum and to all of you that helped me with suggestions or guidance in my journey towards my citizenship. if it was not for a few of you i would have been waiting to receive my paperwork. Today, March 16, 2007 i became a u.s. citizen and i am really happy to report that after three years of torment this journey ended and it ended successfully for me. i owe a half of this victory if not all of it to some people of this Forum. i wish all of you best of luck and God bless you all. Again many thanks :)
 
Congratulations case number, but please don't leave without providing the details of the interview. You atleast owe that to this forum. ;)
 
Great news!

Hi Paz and others,

I just want to share good news with you. It seems that my 485-WOM started to work. Today I've spoken with AUSA, and he told me that my Name Check cleared last week. It's ironic because last week I had an initial hearing in the court, and next day my name check was cleared. The agency can work fast if they want. In addition, today I've received a notice for fingerprints since the "old" fingerprints are expired.

I think these are pretty good news for me. Well, of course, I will hold on my law-suit until I will receive an actual card.

Alika
 
Please post this Memo Again!

lotechguy, you are the man!

This is such great ammo – it allows all 1447b plaintiffs to blast any Danilov-style arguments by AUSAs! Lets see if I will have a chance to use it in my OPP.

Now remands without a deadline become primary problem for 1447b litigation.

Thanks again, lotechguy!
Best of luck to all!
snorlax

Hello Team!
how are you all doing? I have tried my best to find this post by lotechguy, so I can download and save this Memo, but I can not find it. I think he just posted it recently. Can you or anyone please post this Memo again, so I can dowload or just give me the post#. Thank you all and Good Luck to all of us!! regards, dude


Here is my info

N-400 Feb 2004
First FP June 2004
Interview April 2005 (bg check pending)
Seconed FP Sep 2005
1447b filed Pro se March 2007
 
Last edited by a moderator:
For a WOM case where ausa filed to dismiss and plaintiff filed to oppose.
Can judge dismiss WOM case without setting hearing or trial?
Thanks
 
Hi Mr. LA, congratulations!
I searched through your old posts, it appears FBI finished your name check in August 2006, which about 2.5 months after you initiated the 1447b lawsuit, correct? Then why did you take oath in March 2007? What else USCIS was looking for between August 2006 and March 2007? Isn't name check the only remaining issue on your otherwise complete application?

I am curious because I wonder if the fact that USCIS spent 7 more months after FBI name check was cleared was due to your lawyer's premature dismissal agreement of your 1447b? What I intend to do is that I will only agree to dismiss after I have taken oath.

Hello what
I thank you so much, well I think after your name check cleared, I think USCIS have sent my file to their headquarter in Dc for security clearance (don’t ask me what is that, but that is what my attorney told me), and after that they sent it to Los Angeles where I reside (I got interview in Santa Ana) I been told every case is different.

I wish you the best
 
Mission well accomplished, enjoy your victory and freedom from the assholes.

By the way, i was driving my cab last weekend in WPB, FL. Guess who was my customer on Sunday, Thomas Freedman, from New york times.

I told him my whole story with the bastards, and that i get my citizenship only once i sued them. He was imparessed, and told me:that's the american way. you have to fight to get your rights, it's not easy any more when you get a goverment like the one we have, in charge.

Regards,

Moody

Thank you so much Moody22,
well you have to fight for your right and what is yours, :)
 
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