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

[mt100]

N400 - No Interview

N-400 Misery,

You case is exactly like mine; I have been waiting for about a year for N-400 w/o IV. MT-100 had a very good example on this forum but he waited about 2.5 years before file WOM. I'm planning to file it earlier next year cuz one year is not very long to justify the time being unreasonable. I will wait around 15 months or so. Take care....

OK-Boy and N400-Misery,
Actually, I had filed my Original Complaint after waiting for 21 months. Then I had filed my First Amended Complaint at 29 months.
The key is that you have to demonstrate that you have explored all administrative avenues before filing the Wom. In my Original Complaint, I had mentioned that I contacted FBI for FOIPA and also the Congressman's office, but I had not heard back from any of them. During the next 8 months after filing the Wom, I followed up with FBI and Congressman's office regarding FOIPA and Name Check etc.. It took FBI a total of 8 months to give my FOIPA results back after the Congressman followed up on that. I also requested for FBI Identification Record (RAP Sheet), and got the results in about a month for that. And then FBI's reply to Congressman regarding Name Check took a couple of months. After I had all this info which was concrete (as opposed to "I have requested this info"), I filed my First Amended Complaint. Only after that, the AUSA took it real seriously, and contacted FBI Cousel directly, as USCIS had refused to request expedited Name Check from FBI. Within one month, the Name Check got cleared. AUSA is still following up with USCIS for scheduling of my interview, which he says should happen within the next one or two weeks. So it is not over for me yet.
So, the key is, if you are planning for Wom in the next six months or later, you need to start doing the ground work now. FBI can take a long time to provide you with FOIPA results (8 months in my case). Congressman's offices these days are taking a lot longer to reply back. So start these things now. Continue monthly or bi-monthly inquiries with USCIS via InfoPass, call USCIS National Customer Service Number and do your case status check as often as they allow etc.. This will demonstrate to the judge that you really put in a lot of effort and are really frustrated that you filed the Wom.
Good luck.

 

[lazycis]

Here is the ruling for mt100 and others in a similar situation.
Shaat v. Klapakis, 06-5625, Order on Mot. to Dismiss, E.D. Pa, 9/21/2007
Something's going on with "Manage attachment" button, so here is the link:
http://www.paed.uscourts.gov/documents/opinions/07D1142P.pdf

 

[OK-Boy]

OK-Boy and N400-Misery,
Actually, I had filed my Original Complaint after waiting for 21 months. Then I had filed my First Amended Complaint at 29 months.
The key is that you have to demonstrate that you have explored all administrative avenues before filing the Wom. In my Original Complaint, I had mentioned that I contacted FBI for FOIPA and also the Congressman's office, but I had not heard back from any of them. During the next 8 months after filing the Wom, I followed up with FBI and Congressman's office regarding FOIPA and Name Check etc.. It took FBI a total of 8 months to give my FOIPA results back after the Congressman followed up on that. I also requested for FBI Identification Record (RAP Sheet), and got the results in about a month for that. And then FBI's reply to Congressman regarding Name Check took a couple of months. After I had all this info which was concrete (as opposed to "I have requested this info"), I filed my First Amended Complaint. Only after that, the AUSA took it real seriously, and contacted FBI Cousel directly, as USCIS had refused to request expedited Name Check from FBI. Within one month, the Name Check got cleared. AUSA is still following up with USCIS for scheduling of my interview, which he says should happen within the next one or two weeks. So it is not over for me yet.
So, the key is, if you are planning for Wom in the next six months or later, you need to start doing the ground work now. FBI can take a long time to provide you with FOIPA results (8 months in my case). Congressman's offices these days are taking a lot longer to reply back. So start these things now. Continue monthly or bi-monthly inquiries with USCIS via InfoPass, call USCIS National Customer Service Number and do your case status check as often as they allow etc.. This will demonstrate to the judge that you really put in a lot of effort and are really frustrated that you filed the Wom.
Good luck.

MT-100,

Thanks for the quick info. as I have done a lots of work on it. What is FBI RAP sheet and how can one make a request for that. Is it different that FOIPA? Thanks so much Dude...

 

[Bou]

agc4me

AGC4ME,

You r right, I filed wom through my lawyer, that's add on why I'm very frustrated from time to time. On one hand, I think he's a decent lawyer, on the other, I always thought, I may have pushed my case forward much faster if I did it pro se, since it takes a lot effort to convince my lawyer to do what I think should be done. I don't know if I can afford him anymore if the whole thing drags on and goes all the way to the court, that's why I need prepare the fight myself from now on just in case the worst happens.

aben,
Talk to AUSA and tell him that you would like to keep the suit alive but have the court remand the case to USCIS with specific order that the N-400 be adjudicated within 30 days.

Bou,
I did my discovery within 1 month of filing my complaint. You can do it too while the court is considering your MTD. Talk to AUSA and see what he says. BTW aren't you engaging an attorney ?

 

[lazycis]

Bou

You may ask your lawyer to start discovery - prepare a discovery request, etc. I think subpoena to FBI would move your case real fast. Then again, if the lawyer asks a lot of dough for this, you may dump him and proceed yourself. I though the benefit of having a lawyer is that it leads to faster resolution. If that's not the case, you definitely will be able to defend your case better than anyone.

 

[mt100]

MT-100,

Thanks for the quick info. as I have done a lots of work on it. What is FBI RAP sheet and how can one make a request for that. Is it different that FOIPA? Thanks so much Dude...

FBI RAP sheet is a Criminal History Record maintained by FBI if a person was ever arrested by any agency. It contains finger print information and other relevant arrest related information.
Let me give you a brief history of why I requested my FBI RAP sheet. In December 2005, I had hired an Immigration attorney to follow up on my N400 case. He guaranteed me that he would get my interview scheduled within two months, and worst case within 6 months. During this time, he kept giving me BS like USCIS will schedule my interview in Februray 2006. When that time passed, he said they are scheduling one within a month, etc.. Later on, he told me that USCIS will not schedule an interview immediately as they said that FBI has a RAP sheet on me. Was I ever arrested? I told him I was never arrested and he said don't worry, it is a matter of time that they will resolve it. Anyways, when I thought about this more, I figured, he could be right too, because a number of people who applied for N400 after me got their interviews (in 2005 and early 2006). USCIS in those days was holding off interviews only if there was a hit in FBI main files. So I figured I should ask FBI if they have a RAP sheet on me. And I added that info to my Amended complaint.
So I would think it is a choice if you want to request FBI for your RAP sheet (FBI Identification Record). It may not be necessary, but may show to the judge that this poor guy is so desperate he is doing all sorts of things to find out why his case is being delayed. You will get a "NO ARREST RECORD FOUND" reply from FBI. It will cost you about $18 to request FBI RAP sheet. Plus you will have to print the fingerprint form from FBI website, take it to a local police station to get your fingerprints on that form, and send it to FBI with $18 fee.
To do that, you can go to the following website and just follow the instructions:
http://www.fbi.gov/hq/cjisd/fprequest.htm

 

[aben]

aben,
Talk to AUSA and tell him that you would like to keep the suit alive but have the court remand the case to USCIS with specific order that the N-400 be adjudicated within 30 days.

I did, and he assured me that according to the understanding of the MD district atty, CIS won't adjudicate with a federal case open. He said that in their
submission to the judge they are making a representation that CIS is ready
to act once the case is dismissed. According to him, they've been using this
procedure in a number of previous cases. I'm thinking of agreeing
(it's a 30-day delay at the worst).

 

[lazycis]

I did, and he assured me that according to the understanding of the MD district atty, CIS won't adjudicate with a federal case open. He said that in their
submission to the judge they are making a representation that CIS is ready
to act once the case is dismissed. According to him, they've been using this
procedure in a number of previous cases. I'm thinking of agreeing
(it's a 30-day delay at the worst).

This is strange as 1447b specifically says that the court has two options. "Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter." So why not to file a joint stipulation to remand to the Service with instructions?
But if AUSA insists, you do not have much of a choice.

 

[wommei]

a simple question about WOM

I got cover sheet, appearance form, complaint and summons ready for filing the case. Do I need to sign on the cover sheet? How about summons? The second page of the summons is related to "RETURN OF SERVICE". Do I need to sign or fill out any part of the second page? I really want to send out the papers this week. SO your help is highly appreciated, guys! Thanks much

 

[OK-Boy]

FBI RAP sheet is a Criminal History Record maintained by FBI if a person was ever arrested by any agency. It contains finger print information and other relevant arrest related information.
Let me give you a brief history of why I requested my FBI RAP sheet. In December 2005, I had hired an Immigration attorney to follow up on my N400 case. He guaranteed me that he would get my interview scheduled within two months, and worst case within 6 months. During this time, he kept giving me BS like USCIS will schedule my interview in Februray 2006. When that time passed, he said they are scheduling one within a month, etc.. Later on, he told me that USCIS will not schedule an interview immediately as they said that FBI has a RAP sheet on me. Was I ever arrested? I told him I was never arrested and he said don't worry, it is a matter of time that they will resolve it. Anyways, when I thought about this more, I figured, he could be right too, because a number of people who applied for N400 after me got their interviews (in 2005 and early 2006). USCIS in those days was holding off interviews only if there was a hit in FBI main files. So I figured I should ask FBI if they have a RAP sheet on me. And I added that info to my Amended complaint.
So I would think it is a choice if you want to request FBI for your RAP sheet (FBI Identification Record). It may not be necessary, but may show to the judge that this poor guy is so desperate he is doing all sorts of things to find out why his case is being delayed. You will get a "NO ARREST RECORD FOUND" reply from FBI. It will cost you about $18 to request FBI RAP sheet. Plus you will have to print the fingerprint form from FBI website, take it to a local police station to get your fingerprints on that form, and send it to FBI with $18 fee.
To do that, you can go to the following website and just follow the instructions:
http://www.fbi.gov/hq/cjisd/fprequest.htm

Thanks a million MT-100. One question real quick; in your case did you file the appeal against MTD and if yes then may I get a copy of that. When I plan to file my WOM then I have to start working on it too because the first thing AUSA will do is to file MTD and I have to reply it. Please advice. Thanks again.

 

[lenaf]

I got cover sheet, appearance form, complaint and summons ready for filing the case. Do I need to sign on the cover sheet? How about summons? The second page of the summons is related to "RETURN OF SERVICE". Do I need to sign or fill out any part of the second page? I really want to send out the papers this week. SO your help is highly appreciated, guys! Thanks much

You need to sign cover letter and fist page of summons. Do not file the second page of summon - this is to be filled out and filed in the court upon executing the first page of the summons. When you receive your green card from US post office or any other proof of delivery for summons+complain to all defendants, you'll have to fill up the second page of summons and file original summons+Return of service back in the court. That's what I did.

 

[wommei]

You need to sign cover letter and fist page of summons. Do not file the second page of summon - this is to be filled out and filed in the court upon executing the first page of the summons. When you receive your green card from US post office or any other proof of delivery for summons+complain to all defendants, you'll have to fill up the second page of summons and file original summons+Return of service back in the court. That's what I did.

Thanks for your reply. I can find a place where I could sign on the cover sheet. But I only found a place where the court clerk can sign on the first page of summons. Could you be more specific about where I should sign on the summons? Also, do you know where I can find a sample of filled summons. I understand that I need to file the second page after I got all the receipts from the postal service. But still it is confusing about how to fill out the second page.

 

[wenlock]

I received an e-mail from CRIS this morning saying my I-485 pertition is approved. But my lawyer doesn't know about it. Then I forwarded him the e-mail and he checked with AUSA and the response was it is true. So, I am glad the whole thing is finished, but at the same time, I have a feeling that the law-suit didn't really trigger the result since both my lawyer and AUSA didn't know before me. Also, AUSA filed objection to the court against the judge's recommendation on Monday.

Anyways, today is the day to celebrate.

WOW Yveslie, I am so happy for you. I know you from same days when I filed my complaint. I knew you will get through this tough time. I am glad to hear good news.

Would you like to summarise what at the end worked for you other then waiting?

 

[aryin]

Ask lazycis and AGC4me

file a motion for summary judgment

We have a conference at the end of next month. Last conference my AUSA agreed to resolve my case and gave me GC soon. However I did not get it yet. Should I file motion for summary judgement right now or just waiting for the conference. I think judge will order us to discovery in the next conference, beause last conference AUSA agreed to resolve my case and quit the discovery step.

Give me some suggestions!!!!!

 

[lazycis]

Thanks for your reply. I can find a place where I could sign on the cover sheet. But I only found a place where the court clerk can sign on the first page of summons. Could you be more specific about where I should sign on the summons? Also, do you know where I can find a sample of filled summons. I understand that I need to file the second page after I got all the receipts from the postal service. But still it is confusing about how to fill out the second page.

I do not think you need to sign the first/front page of the summons form.

 

[wommei]

Thank you, lazycis

I do not think you need to sign the first/front page of the summons form.

I have another problem now. I plan to file the case ( or get the case number) this week in Chicago area. But I got a job offer today (a job in pullman, Washington). If I take that job at December or Janurary, what should I do with my case? Will it be transfered to US District Court at Washington State? Or do I need to file a new case at Washington State? How do I know what is the chances of winning the case at pullman, Washington? I know the odds is not bad in Chicago area. Please advise me about it. I felt werid about turning down the offer just because I want to file my case in Chicago.
Thank you again, Lazycis

 

[duck008]

Congratulations AGC4ME!

Just received this email from AUSA

Congratulations! Your I-485 application was approved (see attached). I understand Ms. XXX’s application is currently under review. I hope you will agree to dismiss the lawsuit once both applications are adjudicated.

Thanks,

It's a hell of a victory! Your MSJ a great read! Congrats and hope to see you around here!

 

[lazycis]

I have another problem now. I plan to file the case ( or get the case number) this week in Chicago area. But I got a job offer today (a job in pullman, Washington). If I take that job at December or Janurary, what should I do with my case? Will it be transfered to US District Court at Washington State? Or do I need to file a new case at Washington State? How do I know what is the chances of winning the case at pullman, Washington? I know the odds is not bad in Chicago area. Please advise me about it. I felt werid about turning down the offer just because I want to file my case in Chicago.
Thank you again, Lazycis

Washington state is much better than Chicago (even though N.D. Ill. is not too bad). File it now to save time and then file a motion to transfer venue when you will know your new address. Who knows, maybe your case will be resolved by that time.

 

[AGC4ME]

w&w and duck008

Thanks. Still waiting for spousal approval though.

aryin,
File MSJ. Don't have to wait for the conf.

 

[aryin]

Ask for the sample of MSJ

File MSJ. Don't have to wait for the conf.

Could you send me the sample of MSJ?

Thanks!