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

Few more questions on suing

Friends

1. I faxed a latter to Ombudsman/Firstlady/Congressman/Senator/District office Director. Only congressman office got back saying that they will enquire. They told me they cannot do anything else other than checking status. I think most likely USCIS is going to say, the case is pending. I am also keep following up my Senator office. My question is, how long you wait after writing to the above mentioned people to file lawsuit?

2. Do you actually hear from Ombudsman or First lady's office? How long usually they take to respond?

3. I called my local district court for the Pro Se package. She said I can go to their website and pick whatever forms I want. Do you have any sample Pro Se package put together? I want to see what forms to use. I will admit I have not gone through this entire thread. I apologize and any pointers will be of help.

Thank you

LM2006
 
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visharo said:
I have few basic questions regarding Name check?

1. When is Name check requested by USCIS to the FBI ? ( Immediately after receiving I-485 application or every time USCIS requests biometrics/fingerprints)
2. Is there a Validity to the Name check data provided by FBI (Finger prints are valid only for 15 months)
3. Is Name check data requested again when a case is transferred from one service center to the other ( eg: pending I485 transferred from VSC to TSC)

Any help on above questions will be valuable.
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1. USCIS rule is to request NC shortly after they issue a I-485 receipt. However, they do not always follow the rules. It's not related to fingerprints.
2. NC result is valid as long as your application is pending. However, if you submit another application that requires NC, USCIS initiates a new NC request.
3. USCIS personnel is instructed not to request another NC if there is a pending request. Again, they do not always follow the rules.
 
LM2006 said:
Friends

1. I faxed a latter to Ombudsman/Firstlady/Congressman/Senator/District office Director. Only congressman office got back saying that they will enquire. They told me they cannot do anything else other than checking status. I think most likely USCIS is going to say, the case is pending. I am also keep following up my Senator office. My question is, how long you wait after writing to the above mentioned people to file lawsuit?

2. Do you actually hear from Ombudsman or First lady's office? How long usually they take to respond?

3. I called my local district court for the Pro Se package. She said I can go to their website and pick whatever forms I want. Do you have any sample Pro Se package put together? I want to see what forms to use. I will admit I have not gone through this entire thread. I apologize and any pointers will be of help.

Thank you

LM2006
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1. You do not really have to wait for response to file a lawsuit. As you said, they cannot do anything else other than checking status.
2. First Lady's office usually responds in 2-3 months. Ombudsman usually responds fairly quickly (1-2 weeks) with a letter confirming your inquiry. After that USCIS has 45 days to respond to you. So it takes about 2 months to get a response.
3. You can download forms from your disctrict court website. You need two forms: civil cover sheet and summons.
 
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letter from local office but very vague

I just received a very vague letter from local office in responding to my inquiry a while back, but it didn't mention anything about "FBI", "Name Check", ... no any key words.

So how could I tell if my case indeed is stuck with NC as what I was told in the past from another local office? What does it imply? Should I use this letter as one exhibit in my lawsuit?

Thanks a lot.

******
USCIS records indicate that your case is under further review by the adjudicating officer along with assistance of other agencies pertaining to the bonafides of the documented evidence you ted in support of your applkication and/or petition for the immigration benefit you are seeking.

Cases are referred for additional review for a variety of reasons, which in the interest of upholding the US immigration laws both in terms of enforcement and the right to privacy, may not be disclosed.

It is difficult to predict with accuracy when this review will be completed.
 
Naturalized today resulting from my 1447b lawsuit

Dear fellow “forumers”!

I have just been naturalized resulting from my 1447b lawsuit. Have I not had found this great forum I would surely have been waiting and waiting indefinitely. This forum gave me courage and knowledge to tackle this horrible Name Check problem.

I wanted this day to be inspirational - it was not. I saw the head of San Jose adjudication department, who administered the Oath on behalf of his bosses – Emilio Gonzales and Francis Siciliano – my very defendants, and thought that the Oath should not be administered on behalf of bureaucrats that have hundreds and hundreds of lawsuits pending against them. It is just plain wrong – these are the people violating the law on such a grand scale by not doing their jobs properly.

Putting lyrics aside, I am really happy that hopefully I will not need to deal with USCIS in the future. The only regret I have is that I did not start building my case immediately after hearing the words “Name Check” at the interview, did not have my 1447b case ready and filed on the very 121st day from the day of the interview. That was my mistake and I would like to encourage all my fellow N-400 applicants not to repeat it.

I would like to express my gratitude to Publicus, who started this thread, paz1960, who keeps guiding newcomers to this forum long past his own naturalization and all other participants - too many to name – that helped me getting through with my case.

All the best to everybody! Keep fighting for your rights – the folks like you are what make this great country truly great!

Best of luck with your cases!
snorlax
 
siguy said:
This is an interesting report. Page 14 section 2 clearly mention USCIS is NOT adjudicating cases in a first in first out basis. The adjudicators are using the "low hanging fruit" way of selecting the easiest case to work on because performance is based on number of cases completed.

This may be an interesting point against the AUSA cut the line argument.
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Siguy,

Thank you for bringing it up.
You confused two different processes: CIS process is different from FBI name check process: the "first-in-first out" order was repeatedly reported by FBI reps in their depositions/affidavits. According to Cannon, Hardy, etc. FBI continue to claim, they apply this "1st come-1st serve" order to all nc requests they receive from CIS. (One only wonders how come all of us are still members of this forum, if this was the case:rolleyes: ).

But as you pointed out, CIS uses the "low hanging fruit approach" in their adjudications (like, since FBI timetable is out of their hands so they focus on returned cases ready to adjudicate). So AUSA apparently complain that we try to "cut" in FBI nc line, because, according to this report, CIS has no line at all or probably once nc is cleared, it's ready to adjudicate right away. But on the AUSA twisted logic read our ideas on previous pages and missingpa's Opposition points.
 
snorlax said:
Dear fellow “forumers”!

I have just been naturalized resulting from my 1447b lawsuit.
snorlax
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Snorlax,

Congratulations,

You really should be proud of yourself-you fought for it and you won! (Hope to see you on the forum, members will benefit from your advise!)

Good luck and enjoy being a citizen!
 
You made my day snorlax

Snorlax,

First of all lots of congrats on getting naturalized. I am sure the feeling must be awesome. I am very happy for you and thank you for keeping us posted. This note of yours really encouraged me since I am very close to filing this law suit in about another month or two.
My current situation is I had filed my N-400 back in April of last year. I went to the local office thru Info office and found out that my FP along with NC are cleared but there is this 3rd check which is holding my case & they don't know how long will it take for the file to transfer to the local office so they can issue me my interview letter. My lawyer told me hopefully I should get a letter any time now but if not we can think of filing law suit at the end of July. I am actually going to Pakistan in the first week of July and be back in 3 weeks. Please let me know what are your thoughts on this and if you have any advice for me. How much did the attorney charge you to do this law suit? Let me know if I am on the right track. Anybody who see my note is welcome to share their views also. You guys are great. Thank you :)
 
Good job snorlax

First of all let me take this opportunity to congratulate you for getting your citizenship. I am glad you made the right decision by filing the law suit. After reading you note this afternoon, I want to tell you that you've really made my day. I am so glad that there are confident people like you who still exists and have their priority right. Well done. With that said, I like to tell you where I am at in my citizenship process. I had filed N-400 last year in April. Well after I visited my local office thru Info Pass, I was told that my FP and NC have been cleared and the office is just waiting for the file to transfer from TX center so that they can schedule my interview. Apparently the USCIS is holding my file and doing some last check which God know will take how long. The officer told me probably another 2 months, but as you know can't count on them. I am planning to take a trip to Pakistan in early July to vist my mother. I will be gone for 3 weeks. I spoke to the attorney and he advised me that we can definitely think of filing a law suit and there is 50/50 chance. We can always hope for a good resonse and get your case closed. My question to you is, did you hire a lawyer to file mandamus and how much did he or she charge? What's the time frame we are looking at? Please let me know what your thoughts are on this & if I am on the right track. Anybody who is reading this note is welcome to share their views or thoughts on this.
Again thank you.
 
Dear Friends,

I have a Case Managment Conference Tomorrow. I am doing Pro-Se. Could you kindly suggest what I should pay attention? Thank you very much for your kind help!

Regards, james
 
About your NC

Atlanta_Brother said:
Snorlax,

First of all lots of congrats on getting naturalized. I am sure the feeling must be awesome. I am very happy for you and thank you for keeping us posted. This note of yours really encouraged me since I am very close to filing this law suit in about another month or two.
My current situation is I had filed my N-400 back in April of last year. I went to the local office thru Info office and found out that my FP along with NC are cleared but there is this 3rd check which is holding my case & they don't know how long will it take for the file to transfer to the local office so they can issue me my interview letter. My lawyer told me hopefully I should get a letter any time now but if not we can think of filing law suit at the end of July. I am actually going to Pakistan in the first week of July and be back in 3 weeks. Please let me know what are your thoughts on this and if you have any advice for me. How much did the attorney charge you to do this law suit? Let me know if I am on the right track. Anybody who see my note is welcome to share their views also. You guys are great. Thank you :)
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Did your Name Check get cleared on it's own? How long did it take after it was initated?
 
Reasons for expediting

What are some good reasons you can cite for making your WOM stronger?
Does it help to write to the Ombudsman before your WOM?
 
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Atlanta_Brother said:
Snorlax,

First of all lots of congrats on getting naturalized. I am sure the feeling must be awesome. I am very happy for you and thank you for keeping us posted. This note of yours really encouraged me since I am very close to filing this law suit in about another month or two.
My current situation is I had filed my N-400 back in April of last year. I went to the local office thru Info office and found out that my FP along with NC are cleared but there is this 3rd check which is holding my case & they don't know how long will it take for the file to transfer to the local office so they can issue me my interview letter. My lawyer told me hopefully I should get a letter any time now but if not we can think of filing law suit at the end of July. I am actually going to Pakistan in the first week of July and be back in 3 weeks. Please let me know what are your thoughts on this and if you have any advice for me. How much did the attorney charge you to do this law suit? Let me know if I am on the right track. Anybody who see my note is welcome to share their views also. You guys are great. Thank you :)
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Hi Atlanta Bother:

It is hard for me to judge whether you are on a right track or not - your case is rather different. It looks like you have not had your interview, like I had, so you can not file 1447b – only WOM. Based on numerous WOM rulings, the common knowledge here is that less than 2 years of waiting will likely be considered reasonable by the judge. Since you have a lawyer that you can apparently trust – I would follow his/her advice.

I did everything myself (Pro Se), so I did not pay a lawyer.

Best of luck,
snorlax
 
always.wired said:
Has anybody heard of adverse adjudication because of Traffic Tickets?
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I have not heard of that. Yesterday I have seen several people with unpaid traffic tickets denied attending the ceremony. They were sent to the traffic court to pay for their tickets and fetch the receipts. After presenting the receipts they were allowed attending ceremony later same day (USCIS held ceremonies at 10am, 1pm and 3pm). Some people with paid tickets that could not produce the receipts were also sent to the traffic court.

Best of luck,
snorlax
 
My thought on this

snorlax said:
Hi Atlanta Bother:

It is hard for me to judge whether you are on a right track or not - your case is rather different. It looks like you have not had your interview, like I had, so you can not file 1447b – only WOM. Based on numerous WOM rulings, the common knowledge here is that less than 2 years of waiting will likely be considered reasonable by the judge. Since you have a lawyer that you can apparently trust – I would follow his/her advice.

I did everything myself (Pro Se), so I did not pay a lawyer.

Best of luck,
snorlax
Click to expand...

snorlax,

I had a word with few attorneys and they all told me that there isn't any rule where you have to wait 120 days after your interview has started. It can certainly help, but it's not necessary. My case was filed in April of 2006 and this would be a decent time to file a law suit. My attorney is giving me a go signal so let's see.
Thanks for your response.
 
shvili said:
Snorlax,

Congratulations,

You really should be proud of yourself-you fought for it and you won! (Hope to see you on the forum, members will benefit from your advise!)

Good luck and enjoy being a citizen!
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Thanks, shvili:

I wish your case to go through quickly and painlessly. It looks like here in our libertarian Northern California we do have decent chances of winning and the AUSAs and their clients know it.

Best of luck,
snorlax
 
Atlanta_Brother said:
snorlax,

I had a word with few attorneys and they all told me that there isn't any rule where you have to wait 120 days after your interview has started. It can certainly help, but it's not necessary. My case was filed in April of 2006 and this would be a decent time to file a law suit. My attorney is giving me a go signal so let's see.
Thanks for your response.
Click to expand...

I hope your lawyer does know what he/she is doing.

Best of luck,
snorlax
 
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