Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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ashlie23
That is great news, indeed! From now on, you don't have to deal with USCIS. What a relief!
That is great news, indeed! From now on, you don't have to deal with USCIS. What a relief!
Hi...Just wanted so share a good news with you guys! I fianlly got a letter from USCIS about my Oath Ceremony after 4 years of waiting. Thanks to EVERYONE who has helped answer a lot of my questions)
soccergirl
Registered Users (C)
if you file a complaint in court, you WILL get a response in 60 days
Very true.....I just thought I'd better document that I've exhausted all available resources. It's sad that it has to come to this.
Do you know if the directive by the USCIS to process AOS applications when name check is delayed beyond the 180 days applys to N-400 cases?
Unfortunately it doesn't apply to Naturalization applications. The memo and QA specifically mention that there's no change in NC requirement for Naturalization applications. For what it's worth, USCIS and FBI announced a plan to clear pending NC in general and has requested to prioritize it for Natz. applications and had released a schedule.
May 2008 Process all name checks pending more than three years
July 2008 Process all name checks pending more than two years
Nov.2008 Process all name checks pending more than one year
Feb. 2009 Process all name checks pending more than 180 days
June 2009 Process 98 percent of all name checks within 30 days and process the remaining two percent within 90 days
May 2008 Process all name checks pending more than three years
July 2008 Process all name checks pending more than two years
Nov.2008 Process all name checks pending more than one year
Feb. 2009 Process all name checks pending more than 180 days
June 2009 Process 98 percent of all name checks within 30 days and process the remaining two percent within 90 days
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Soccergirl/Jefkorn,
This N-400 schedule is all USCIS BS so don't take it seriously. They have made this type of promises in the past that never fullfilled. The best way is to file WOM after 1.5 years, Period!
This N-400 schedule is all USCIS BS so don't take it seriously. They have made this type of promises in the past that never fullfilled. The best way is to file WOM after 1.5 years, Period!
As long as your app is 4 months behind USCIS "processing time", feel free to file WOM, especially in N-400 case. Argue that FBI name check is not required by laws and regs and cannot be used to justify delay. "Name check" phrase is nowhere to found in laws or regs, the only required FBI check is fingerprint check.
Sue INS, win the case, got stamp today
Hi, today I got I-551 stamp on passport. The victory and honor should be also belonged to Lazycis and this forum.
I filed marriage based I 485 application on August, 2002. first interview is on Dec. 12, 2005, passed; the second interview is on Nov. 1, 2006. The delay reason is the INS assigned another person alien number to me.
Then with help of this forum, on March 5, 2008, I filed Pro Se to Federal Court of Eastern New York. On March 24, 2008, MSC notified me that my alien number is corrected. On April 15, 2008, interviewed at NYC office, On April 19, 2008, take finger prints, On April 22, 2008, got stamped.
One lesson I learn, don't be scared, stand up and fight for your rights.
Any questions, I am happy to answer it.
Hi, today I got I-551 stamp on passport. The victory and honor should be also belonged to Lazycis and this forum.
I filed marriage based I 485 application on August, 2002. first interview is on Dec. 12, 2005, passed; the second interview is on Nov. 1, 2006. The delay reason is the INS assigned another person alien number to me.
Then with help of this forum, on March 5, 2008, I filed Pro Se to Federal Court of Eastern New York. On March 24, 2008, MSC notified me that my alien number is corrected. On April 15, 2008, interviewed at NYC office, On April 19, 2008, take finger prints, On April 22, 2008, got stamped.
One lesson I learn, don't be scared, stand up and fight for your rights.
Any questions, I am happy to answer it.
Congratulations gosueins!
Was your NC cleared? How did you find that wrong A# was assigned to you?
If you don't mind please share your complaint, of course remove the confidential information, what was the MTD like and did you file an answer to MTD or direct MSJ?
Was your NC cleared? How did you find that wrong A# was assigned to you?
If you don't mind please share your complaint, of course remove the confidential information, what was the MTD like and did you file an answer to MTD or direct MSJ?
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Everything is cleared. On Dec. 2, 2004, I took infopass and I was told this A# mistake. Then I notified the MSC, but no action has been taken. On Dec. 2006, INS sent me "Intent to deny", let me provide evidence to prove I am not that person. I did it. But still not correct it. Then I have to sue them.
So far, local attorney still not call me yet. After my case is closed, I will post it.
I have requested the backdated and pay back all those application fee to me because I have to renew EAD every year and apply for AP. These two requests, I don't know what is the result.
Anyway, don't trust USCIS, if delayed, sue them now.
Sorry, I don't understand your question. what are MTD, MSJ ?
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MTD stands for Motion to dismiss and MSJ stands for Motion for summary judgment. Look at following links for definitions:
http://en.wikipedia.org/wiki/Motion_(legal)#Motion_to_dismiss
http://en.wikipedia.org/wiki/Motion_(legal)#Motion_for_summary_judgment
Looks like in your case no MTD was filed and your application was adjudicated after filing only the complaint.
http://en.wikipedia.org/wiki/Motion_(legal)#Motion_to_dismiss
http://en.wikipedia.org/wiki/Motion_(legal)#Motion_for_summary_judgment
Looks like in your case no MTD was filed and your application was adjudicated after filing only the complaint.
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Yes, looks like AUSA in NYC works fast to resolve issues after complaint is filed. Many case are being resolved before answer or MTD. I wish other AUSAs did the same...
So far, I have not seen the Judge and AUSA. Deadline for my case is May 5.
Lazycis, just want to let you know, appreciate your help and encouragements.
soccergirl
Registered Users (C)
You are such a wonderful help! Do you know if there is a case I can reference to support this? The one regarding AOS applications seems helpful but since it doesn't apply sicifically to N-400 cases there might be a better one. Also, would you send me the link to the WOM and the response for the above mention case and any others you think might be helpful? Thank you so much for your help!
Case:
EASTERN DISTRICT OF PENNSYLVANIA
VICTOR MOCANU v. ROBERT S. MUELLER, et al.
NO. 07-0445
Opinions:
http://bibdaily.com/pdfs/Mocanu 12-21-07.pdf
http://bibdaily.com/pdfs/Mocanu 1-14-08.pdf
http://bibdaily.com/pdfs/Mocanu 1-25-08.pdf
http://bibdaily.com/pdfs/Mocanu 2-8-08 LEXIS.pdf
Case:
EASTERN DISTRICT OF PENNSYLVANIA
Mohammad Ajmal v. Robert Mueller, et al.
No: 07-0206
(see attached opinion)
Sample complaint:
http://www.immigrationportal.com/showpost.php?p=1777448&postcount=13028
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soccergirl
Registered Users (C)
Thank you!
status hearing tomorrow
I will have a status hearing tomorrow. I checked on the website and found 6 cases are scheduled within 15 minutes. So I guess we probably just going to discuss about the schedule and something very breif. This is the first time I will see a real judge-- a mixed feeling of fear and excitement. Will see how that goes
I will have a status hearing tomorrow. I checked on the website and found 6 cases are scheduled within 15 minutes. So I guess we probably just going to discuss about the schedule and something very breif. This is the first time I will see a real judge-- a mixed feeling of fear and excitement. Will see how that goes
good luck. do you need to wear a suit ?