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

Houston Judge Sends Message To Uscis On Natz Delays

That is great news. I am about to file a MSJ in this district, which has been know to be unfriendly. Mine is a I-485, however this one is worth citing. Thanks!
 
applenew2 said:
Should i change my name legally through court before i file lawsuit aganist them?
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I thought you've already changed your name officially as you've signed name change form during the interview. I am not sure about the name change part, I've never done it. Also, what state are you in?
 
eliama said:
I JUST FOUND OUT ABOUT THAT LAW THEY ARE TRYING TO PASS IN MICHIGAN.
OFFICE OF THE AUTTORNEY GENERAL ISSUED THE FOLLOWING "PERMANENT RESIDENCY REQUIRED FOR DRIVER LICENSE IN MI"

YOU CAN READ THE WHOLE ARTICLE HERE:
http://www.ag.state.mi.us/opinion/datafiles/2000s/op10286.htm

I WAS THINKING THAT IT COULD ALSO BE A GOOD THING SINCE WE CAN GO TO COURT AND TELL THE JUDGE THAT AUTTORNEY GENERAL IS HERE TELLING PEOPLE WAITING FOR AOS THAT YOU CANNOT DRIVE AND GO TO WORK BUT HE ALSO HAS DISCRETION FOR ACCELERATING THE NAME CHECK. SINCE WE ARE LEGALLY IN THE COUNTRY LET HIM ACCELERATE NAME CHECK AND MAKE US PERMANENT RESIDENTS

ANY COMMENTS ??
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They are not just trying to pass it, MI AG opinion is binding, the state government have to comply. It's interesting to see what happens.

Yes, if you are in Michigan/Florida/Tennessee/other states with similar laws, I would include the difficulty of obtaining a DL as part of injury.

See also
http://bibdaily.com/pdfs/Michigan AILA response.pdf

I totally agree with AILA arguments. What was MI AG thinking?
 
duggils1 said:
lazycis,
We should definitely explore this idea to backdate our GCs. I will be all over it and willing to spend. I am sure there will be plenty of souls like us who will join a class action law suit in a heartbeat.

I have spent nearly 4 years in Name Check black hole which caused a lot of mental agony. A lawsuit will give the USCIS/Govt an opportunity to right the wrong.

And you would be the most knowledgeable person here to lead this group.
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lazycis, I second this. i am out of service till April 1st due to an eye injury (I did learn that I have a powerful backhand though...). Can you touch base with AILF on this ? Do you think AILF will even entertain such action ?
 
Lazycis,
I did sign that form, and the interviewer told me that i had to wait for the judicial oath to legally change my name, and the final words she said was " Don't wait for letter, long way to go!"
P.S. I live in NY.
Thx the info again!
 
AGC4ME said:
lazycis, I second this. i am out of service till April 1st due to an eye injury (I did learn that I have a powerful backhand though...). Can you touch base with AILF on this ? Do you think AILF will even entertain such action ?
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I think we will have a decent shot. But lazycis knows better.

We all suffered unfairly due the inefficiency of a govt. agency be it FBI, USCIS, DOL or whatever. Some of us had to put off major decisions in our lives because of this and may have suffered personal and financial losses in the process.

Now, all we will be asking for is a credit for the time we did. Even convicted criminals get credited for the time they spend behind the bars while the judicial system takes its course. And we are far from criminals.

Is there a precedence? No, but everything has to begin somewhere.
 
duggils1 said:
I think we will have a decent shot. But lazycis knows better.

We all suffered unfairly due the inefficiency of a govt. agency be it FBI, USCIS, DOL or whatever. Some of us had to put off major decisions in our lives because of this and may have suffered personal and financial losses in the process.

Now, all we will be asking for is a credit for the time we did. Even convicted criminals get credited for the time they spend behind the bars while the judicial system takes its course. And we are far from criminals.

Is there a precedence? No, but everything has to begin somewhere.
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It does not hurt to try. We have a decent shot, I believe. But we do need a professional attorney to lead the class-action case, even if we are going to draft every document for him/her :) I am doubtful about AILF participation, but I can check it out.
Rajiv is probably the guy since he is a faithful reader of this thread and knows our struggles :) Any other propositions?

AGC4Me, sorry to hear about your injury. Recover quickly and be careful next time!
 
I plan to file a lawsuit 1447b, now the first step,question: Is this the right link for me to look for New York eastern district federal court?http://www.nyed.uscourts.gov/coi/cases_of_interest.html

Do I have to go there and get the Pro Se package? or, I can call them and get the package by mail? Really confusing and I've been trying so hard to read everyone's story here. Anyone here filed any 1447b complaint in Eastern NY district?
 
applenew2 said:
I plan to file a lawsuit 1447b, now the first step,question: Is this the right link for me to look for New York eastern district federal court?http://www.nyed.uscourts.gov/coi/cases_of_interest.html

Do I have to go there and get the Pro Se package? or, I can call them and get the package by mail? Really confusing and I've been trying so hard to read everyone's story here. Anyone here filed any 1447b complaint in Eastern NY district?
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Yes, that's your court web site. Only you won't find anything interesting on that "Cases of interest" page. This is the page that'll help you:

http://www.nyed.uscourts.gov/General_Information/general_information.html

You'll find all Pro Se documents on this page:
http://www.nyed.uscourts.gov/General_Information/Court_Forms/court_forms.html

No need to call and request Pro Se package when you can download everything from the website.
 
Lazycis,
Thank you so much for your help!
So, do u know which forms in Pro Se section I should fill in? or I have to fill in every form in Pro Se section? And where should I go to file lawsuit 1447b? Is that I have to go to my district court to file? Yea, I'm kinda newbie T.T. Sorry!
 
applenew2 said:
Lazycis,
Thank you so much for your help!
So, do u know which forms in Pro Se section I should fill in? or I have to fill in every form in Pro Se section? And where should I go to file lawsuit 1447b? Is that I have to go to my district court to file? Yea, I'm kinda newbie T.T. Sorry!
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Follow lawsuit steps described in wiki
http://en.wikibooks.org/wiki/FBI_name_check

You will need civil cover sheet and summons forms to file a complaint. Download pro se guide from your court, but that's just to get more info about the court procedures. We'll guide you thru the process.
 
lazycis said:
They are not just trying to pass it, MI AG opinion is binding, the state government have to comply. It's interesting to see what happens.

Yes, if you are in Michigan/Florida/Tennessee/other states with similar laws, I would include the difficulty of obtaining a DL as part of injury.

See also
http://bibdaily.com/pdfs/Michigan AILA response.pdf

I totally agree with AILA arguments. What was MI AG thinking?
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I didn't read the article since it's not my concern but you mentioned Florida.
Nothing is wrong with Florida. Florida issues DL to all kind of H1/B1/B4/ etc.
The only difference with normal DL is that DL is valid until visa is valid. I saw cases when DL was issued for less then 2 month in case of B1 visitors. The other difference is that such DL has big green "TEMPORARY" on background in right bottom corner. Overall I think it is good idea.
 
In Indiana all non-citizens have to go through background checks to get DL. The law was introduced this summer. My wife had to wait 4 month to get one.
 
5th_Y_AOS said:
In Indiana all non-citizens have to go through background checks to get DL. The law was introduced this summer. My wife had to wait 4 month to get one.
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It took about one week for me in Florida. You will receive first document from DL office that gives you right to drive with other photo ID (GC for example). Plastic comes by mail one or two weeks later.
 
well AUSA was supposed to submit a reply to the court on january 2nd. He missed that date. He submitted a letter of motion for an extension of ONE WEEK on January 4th and the judge approved it........

i have no idea what they are going to do in one week!!!!

lotechguy said:
future,
There is no default judgement against the government so they will file some response. They may file either an answer or a Motion to Dismiss or they may get in touch with you to file a joint extension. A joint extension will be the best for both since it gives FBI and USCIS bueruacracy time to move. You should keep calling the AUSA till you get him. If they file an answer you dont have to do anything FRCP says there is no answer to an answer (may be we can file a motion to file additional evidence and file some kind of rebuttal to their answer, Gurus, please comment on this). If they file MTD then you will have to file a response in 21 days. There is the well known PAZ1960 response to MTD that has been widely successful. I can help you to file with a variant of that if it comes to that. Once response to MTD is filed the case will lay for a another couple of months, then the judge will set a hearing date possibly in April in your case. The expectation of course is that case will be resolved by then. IF in the rare event case still is not solved you will have to go to hearing with the judge. In this case I will advice you to get with a junior attorbry, brief him up with all you have filed and click a deal for apprearnce on your behalf say for $1000 in the court and you can go to court with him. The judge will ask AUSA and may ask you or your attorney questions on your opposition , will defintely ask AUSA what the progress is and will take the case under advisement. Then possible 30 days after that may give a decision. Irrespective of the decision, your processing is not effected unless the judge orders in your favor and ask them to process in 120 days in which case you can expect a resolution whition 4 months from the hearing ie around October Nov 2008, worst case.
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Thank You, All

I wanted to thank everyone in this forum for sharing their experiences and encouraging others like me to move forward and stop being scared of the system. I've lived in this country for over 10 years, and finally my journey to citizenship is over. I could be still waiting for a miracle, but thanks to this forum, I got fed up and filed a 1447(b) suit. Everything worked like a clock exactly the way I was told it would. I got my oath letter yesterday.

I know that my type of a case is a "piece of cake" compared with the WOMs, so I wish you all success in your fight against the machine, and thank you again for being an inspiration to the rest of us!
 
futureuscitizen said:
well AUSA was supposed to submit a reply to the court on january 2nd. He missed that date. He submitted a letter of motion for an extension of ONE WEEK on January 4th and the judge approved it........

i have no idea what they are going to do in one week!!!!
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Future,
Contact the AUSA asap and try and talk and see what he has. Looks like your Oath is around the corner.
 
Congrats!!!!!

YSO7

Congrats, so you weren't asked to go for a second interview or second fingerprinting??
I m in the same boat, and just filed my 1447 back in Dec 07


Congrats again
 
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