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

Hi Lazycis, I have filed AOS mandamus on May 2,2007 and AUSA told me that they have sent expedite namecheck request shortly after that.

So the first two steps take about a month. The third step is a manual review. The dissemination is the last step. What did they do all these years before April 2007?
 
Dear Fighters Against USCIS,

With the help of Lazycis we filed a complaint under the APA against USCIS that found us "inadmissible" and refused to adjudicate our status. Congressional requests, AILA liaison contacts and motion to reopen did not help. On Sept. 27 we filed the complaint, on Sept. 28 served it upon the US Attorney in our district. Today the office of our lawyer got the notice that our petition was approved and we are lawful permanent residents. It happened exactly as the clerk at the court had told us - when they see that that they are going to lose the case they adjudicate it as if nothing had happened.
So do NOT file the MOTICs (as our lawyer practically forced us to do), do file the complaint at the court - and they will move.
You do the complaint yourself, so you do it better than any lawyer, it is cheaper and quicker.
Many thanks to Lazycis and good luck to everybody.
Should you have any questions, feel free to ask.



I am a name check victim..My name check is pending for 2 yrs..Can you tell me the correct way to proceed?
 
Dear all:
My name check for naturalization is pending for almost a year. I know that it is probably too early to do anything, but I am really pressed by family matters. So I am thinking about going legal ways. Probably somebody could recommend me an attoney in Houston? Also, it seems to me I red somewhere that judges in Houston are not very pro-immigrants' inclined in those cases, and there were some rejections - or am I wrong?
Thanks
 
some movement on the US Senate floor today

H.R.3093
Title: Making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2008, and for other purposes.
...
SEC. __. ANNUAL REPORT ON DELAYED BACKGROUND CHECKS.

(a) In General.--Not later than 60 days after the end of each fiscal year, the Director of the Federal Bureau of Investigation shall submit a report to the congressional committees listed in subsection (b) that contains, with respect to the most recently completed fiscal year--

(1) a statistical analysis of the number of background checks processed and pending, including check requests in process at the time of the report and check requests that have been received but are not yet in process;

(2) the average time taken to complete each type of background check;

(3) a description of the efforts and progress made by the Director in addressing any delays in completing such background checks; and

(4) a description of the progress that has been made in automating files used in the name check process, including investigative files of the Federal Bureau of Investigation.

(b) Recipients.--The congressional committees listed in this subsection are--

(1) the Committee on the Judiciary of the Senate;
(2) the Committee on Homeland Security and Governmental Affairs of the Senate;
(3) the Committee on the Judiciary of the House of Representatives; and
(4) the Committee on Homeland Security of the House of Representatives.

...

As approved by Senate today.
 
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May be it is because of me ?!

H.R.3093
Title: Making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2008, and for other purposes.
...
SEC. __. ANNUAL REPORT ON DELAYED BACKGROUND CHECKS.

(a) In General.--Not later than 60 days after the end of each fiscal year, the Director of the Federal Bureau of Investigation shall submit a report to the congressional committees listed in subsection (b) that contains, with respect to the most recently completed fiscal year--

(1) a statistical analysis of the number of background checks processed and pending, including check requests in process at the time of the report and check requests that have been received but are not yet in process;

(2) the average time taken to complete each type of background check;

(3) a description of the efforts and progress made by the Director in addressing any delays in completing such background checks; and

(4) a description of the progress that has been made in automating files used in the name check process, including investigative files of the Federal Bureau of Investigation.

(b) Recipients.--The congressional committees listed in this subsection are--

(1) the Committee on the Judiciary of the Senate;
(2) the Committee on Homeland Security and Governmental Affairs of the Senate;
(3) the Committee on the Judiciary of the House of Representatives; and
(4) the Committee on Homeland Security of the House of Representatives.

...

As approved by Senate today.

1 month back i had written to 6 major figures in US politics. The main theme of the letter was "national security at risk because of delays in FBI namechecks" and speedy namecheck enhances national security etc. As second point i put 'sufferings' of the immigrants because of the lengthy name checks.
 
Contact US Attorney

Lazycis,

How long would you suggest starting to contact the US attorney after the complaints were served to the defendants?

Best regards,
Pengdi
 
Too many defendants?

I am going to file an AOS-based WOM in my own district (Western District of Virginia; I know that it is not a friendly one but it is more convenient for me as it is local). In my current complaint I list the following defendants:

Michael Chertoff
Emilio Gonzales, Director
Evelyn Upchurch, TSC Director
Peter D. Keisler, Acting Attorney General
Robert S. Mueller, III

Do I have to include all of them? Can I cross out one or two?

Thank you.
 
You have the right defendants. It's better to have too many than too few, it will be much more difficult to add them later. Why do you want to remove some?
 
hey gurus, pls suggest me ...
i am looking for an attorney in new hampshire to file WOM..
the couple of them i contacted are saying...5 grand not including filing fees..
anybody filed in newhampshire please post their info..
 
Defendants

Thank you for the reply.

My draft complaint has more than 70 pages (including exhibits). I was thinking about removing those unnecessary defendants to save some postage.

I will keep all of them.

You have the right defendants. It's better to have too many than too few, it will be much more difficult to add them later. Why do you want to remove some?
 
hey gurus, pls suggest me ...
i am looking for an attorney in new hampshire to file WOM..
the couple of them i contacted are saying...5 grand not including filing fees..
anybody filed in newhampshire please post their info..

Any lawyer will charge you 4-5k for this and I see very little benefit in using an attorney, except maybe saving some time. So do not be afraid, do it yourself. The lawsuit make the USCIS move. It does not matter who files a lawsuit. Use the template posted here.
 
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Thank you for the reply.

My draft complaint has more than 70 pages (including exhibits). I was thinking about removing those unnecessary defendants to save some postage.

I will keep all of them.

You are welcome.
That's the right decision. You only need to serve them once so there is no point in saving 30-40 bucks considering possible negatives.
 
Postal addresses for these defendants

I would like to make sure that I use the correct postal addresses in sending out my complaint to the following defendants. Is there a single point of place for me double check their postal addresses?

Thank you.

I am going to file an AOS-based WOM in my own district (Western District of Virginia; I know that it is not a friendly one but it is more convenient for me as it is local). In my current complaint I list the following defendants:

Michael Chertoff
Emilio Gonzales, Director
Evelyn Upchurch, TSC Director
Peter D. Keisler, Acting Attorney General
Robert S. Mueller, III

Do I have to include all of them? Can I cross out one or two?

Thank you.
 
I would like to make sure that I use the correct postal addresses in sending out my complaint to the following defendants. Is there a single point of place for me double check their postal addresses?

Thank you.

Emilio T. Gonzalez in his Official Capacity as the USCIS Director
Office of the General Counsel
U.S. Department of Homeland Security
Washington, DC 20528

Peter D. Keisler, Acting US Attorney General
U.S. Department of Justice
950 Pennsylvania Ave., NW
Washington, D.C. 20530-0001

Michael Chertoff, Secretary of DHS
Office of the General Counsel
U.S. Department of Homeland Security
Washington, D.C. 20528

Evelyn Upchurch, Director
USCIS TSC
4141 St. Augustine Rd.
Dallas, TX 75227

Robert S. Mueller, Director
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Ave., NW
Washington, D.C. 20535-0001
 
I Finally filed WOM

Just can't take it anymore. Today I posted all the documents. Will keep you posted the progress.

A big thanks to all of you guys that made it possible for me to file WOM with out a help of an attorney.
 
Awesome, Lazycis!

Emilio T. Gonzalez in his Official Capacity as the USCIS Director
Office of the General Counsel
U.S. Department of Homeland Security
Washington, DC 20528

Peter D. Keisler, Acting US Attorney General
U.S. Department of Justice
950 Pennsylvania Ave., NW
Washington, D.C. 20530-0001

Michael Chertoff, Secretary of DHS
Office of the General Counsel
U.S. Department of Homeland Security
Washington, D.C. 20528

Evelyn Upchurch, Director
USCIS TSC
4141 St. Augustine Rd.
Dallas, TX 75227

Robert S. Mueller, Director
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Ave., NW
Washington, D.C. 20535-0001


Awesome, Lazycis!

Do you have name and Address of CSC director? Thanks.:)
 
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