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

It depends on what you put in those letters :) I think if you politely remind them every month about your case, you'll be fine.
 
hi guys when i am reading the forum u guys saying to file wom and 1447b..this applies for any filer or only certain cases..
i am 485 filer
thanks
and could you guys please advice me on defendents...
should i include vsc director or texas director becas i applied through vsc but its transferred to texas..ans please confirm are the addresses in wiki books are up to date.
i really appreciate the forum help from my bottom of my heart
thanks

1447b applies to naturalization only. You can list both VSC and TSC directors as defendants. VSC director is optional. Wiki template has the correct addresses.
 
Cnn

CAFFERTY: More than 15,000 people would like to get off the government's terror watch list. "USA Today" says these disgruntled travelers have appealed to the Department of Homeland Security -- there they are again -- since February to try and get their names removed.

The terror watch list has 750,000 names on it. Those flagged at security checkpoints include babies, senior citizens with the same names as suspected terrorists. Homeland Security says it gets about 2,000 requests a month from people who would like to have their names cleared. Imagine that. That's such a high number that they have been unable to meet their goal of resolving cases in 30 days.

Instead, it takes 44 days to process a complaint. Now, some members of Congress want a faster appeal system to help innocent people get their names cleared.

Democratic Congresswoman Yvette Clarke says -- quote -- "To leave individuals in this purgatory is un-American."

And the chairman of the House Homeland Security Committee says he's going to question Homeland Security officials at a hearing tomorrow about why it takes so long to get off the list.

I wonder how long it takes to get on the list? I will bet not 44 days.

Here's the question. How effective is the government's terror watch list if it includes more than 750,000 names? E-mail us at CaffertyFile@CNN.com or go to CNN.com/caffertyfile.

EVERYONE PLEASE E-MAIL CNN. IF THEY GET 100's or 1000's of e-mails today, they might continue coverage on this issue..
 
Hi All,
I filed 1447b on 9/12/07 and served all defendants + USA in my district. Today I got a call from the USA district office. The person called me introduced himself as the assistant USA. He told me I didn't serve the USA district office properly. He said I got the right address, but instead of putting the USA's name, I should put "Civil process clerk" instead. He told me to re-serve the USA district office and at the same time he'll press the FBI. But the 60 days deadline for the USA office to respond to the summon starts counting from when I serve them properly.
Has anyone had the same kind of problem? Any advice?
Thanks.
Phuzzypeach
 
Hi All,
I filed 1447b on 9/12/07 and served all defendants + USA in my district. Today I got a call from the USA district office. The person called me introduced himself as the assistant USA. He told me I didn't serve the USA district office properly. He said I got the right address, but instead of putting the USA's name, I should put "Civil process clerk" instead. He told me to re-serve the USA district office and at the same time he'll press the FBI. But the 60 days deadline for the USA office to respond to the summon starts counting from when I serve them properly.
Has anyone had the same kind of problem? Any advice?
Thanks.
Phuzzypeach

The AUSA was right, the correct way of serving the US Government is described in FRCP, Rule 4.1 (i), which states:

(1) Service upon the United States shall be effected

(A) by delivering a copy of the summons and of the complaint to the United States attorney for the district in which the action is brought or to an assistant United States attorney or clerical employee designated by the United States attorney in a writing filed with the clerk of the court or by sending a copy of the summons and of the complaint by registered or certified mail addressed to the civil process clerk at the office of the United States attorney and

(B) by also sending a copy of the summons and of the complaint by registered or certified mail to the Attorney General of the United States at Washington, District of Columbia, and

(C) in any action attacking the validity of an order of an officer or agency of the United States not made a party, by also sending a copy of the summons and of the complaint by registered or certified mail to the officer or agency.
 
absolutely ridicolous...

Hello everyone,

I wrote to the First Lady in August to inquire about my namecheck. Today I received a letter from Michael Cannon, saying the same stuff that many of you have already received (that national security is important, bla bla bla).

But guess what? The FBI sent this letter to someone in California (I live in MD) - it was addressed to me but the envelope had that guy's name and address! The guy was nice enough to mail the letter to me with a note attached that it got sent to him. Ridiculous, absolutely ridiculous! It really made me think what they are doing with our names and stuff. Who knows, they may end up sending my file after the namecheck to someone in Singapore, and then be like, whooooops...wrong place!

But this left me more confused...my EAD and AP both had gotten approved after 1.5 years, this August, and all this time they kept saying that they were pending because of background checks. Then a week later we received a I-130 RFE, which we responded to, and then upon doing a congressional inquiry we found out that the case was assigned to an adjudication officer on October 1. So this all made us think that the namecheck is complete and now they are just doing the final processing...but this letter from Michael Cannon basically put us back at square one...

Any insights from anyone? confused + frustrated...
 
Hello everyone,

I wrote to the First Lady in August to inquire about my namecheck. Today I received a letter from Michael Cannon, saying the same stuff that many of you have already received (that national security is important, bla bla bla).

But guess what? The FBI sent this letter to someone in California (I live in MD) - it was addressed to me but the envelope had that guy's name and address! The guy was nice enough to mail the letter to me with a note attached that it got sent to him. Ridiculous, absolutely ridiculous! It really made me think what they are doing with our names and stuff. Who knows, they may end up sending my file after the namecheck to someone in Singapore, and then be like, whooooops...wrong place!

But this left me more confused...my EAD and AP both had gotten approved after 1.5 years, this August, and all this time they kept saying that they were pending because of background checks. Then a week later we received a I-130 RFE, which we responded to, and then upon doing a congressional inquiry we found out that the case was assigned to an adjudication officer on October 1. So this all made us think that the namecheck is complete and now they are just doing the final processing...but this letter from Michael Cannon basically put us back at square one...

Any insights from anyone? confused + frustrated...


How long ago did you write to the FL?
 
Thanks, Lazycis

It depends on what you put in those letters :) I think if you politely remind them every month about your case, you'll be fine.

I guess I can hold my temper when I write the letters and don't call them by nasty nicknames. Thanks a lot.
 
It means the judge is working on the order. Do not bother him/her with motions and expect to get a decision in a near future (or should I say "within a reasonable time" :))
 
It seems what 'lazycis' stated (got it from a court document ? ) in one forums is true, that FBI has hired contractors to clear 'simple' name check victims, i.e. those who had a single name hit. 'complex' cases will still sit there for more time. If you see TSC tracker, folks are getting approved left and right - these had pending name checks typically in 1 year - 2 year range.
 
It means the judge is working on the order. Do not bother him/her with motions and expect to get a decision in a near future (or should I say "within a reasonable time" :))

Okay I got a letter from the court with a schedule that said that Plaintiffs' amended MSJ will be taken under advisement on 11/26/2007.
 
It means the judge will delay the ruling...

Well AUSA is supposed to file opposing motions today and I'm supposed to file a reply to him on 11/23/2007. So he will then take our motions under advisement on 11/26. Why do you say that the judge will delay the ruling.
 
That was what I heard in the teleconference. But then I got this letter yesterday. In the telecon the Judge gave me only one week but the schedule now gives me two weeks.
 
So that said, so far there is no result from any appeals for WOM I-485 case? I do see some cases were withdrawal before the jurisdiction, indicating those ones were approved before the judgment. And I know lazycis is waiting hearing. Why this? WOM is not a brand new event and people have been using this approach for many years. No one has ever appealed before?
 
So that said, so far there is no result from any appeals for WOM I-485 case? I do see some cases were withdrawal before the jurisdiction, indicating those ones were approved before the judgment. And I know lazycis is waiting hearing. Why this? WOM is not a brand new event and people have been using this approach for many years. No one has ever appealed before?

i filed a letter of appeal which i believe triggered the expedite request of my namecheck.... and now that i got the green card, i am filing for withdrawal of my appeal on monday

the point is... keep pushing !!!! regardless of what the judges order.. the more u push, the faster you get what u want !
 
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