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

discriminatedAg said:
Hello,
Were you successful in filing a case against the USCIS? Can you give me some pointers regarding my case below...

My Immigrant Visa was nearly through with the US Consulate, Mumbai but am being denied the Visa because I've not taken the vaccinations as I am genuinely concerned in taking them unnecessarily. Neither are they allowing me to apply for the waiver which is allowed as per the Immigration Act. I am in India at present but FYI I stayed in the US with my family for 6 years in California. I have pleaded with the US Consulate several times and sent the US Embassy, Delhi, USCIS Delhi (yes they have an Indian branch) USCIS, USA, NVC and other government organizations etc actual mailings, emails of my plea but there is somebody in the US Consulate,Mumbai who is hell bent on making me take the vaccination though I vehemently oppose it. It's pure discrimination. If I were in the US the waiver would have been a simple straghtforward process.

What are my options? Can I take them to court here in India? Are there other people who have been forced to take vaccinations inspite of their fears of the adverse effects of vaccinations. Can somebody point out a Law firm who can take this up on a contingency basis. I have no desire to sue the Consulate/USCIS for damages but its possible that damages to the tune of at least a couple of million can be claimed. I dont want a cent of the awards but the proceeds after Lawyers genuine fees should be used to fight similar cases like this in the future. Or better still a group can come forward to fight this out. If we are able to fight this law that makes vaccinations mandatory successfully it will perhaps benefit the American people too as I strongly feel that taking unncessary vaccinations is against Nature and Civilization.

If God/Nature wanted human beings to have these vaccinations wouldnt he have given them in some natural way in our genes itself at birth. Do we think that the wise and powerful Creator sends us into this world to be injected with vaccinations prepared artificially with drugs and animal culture? It is great dis-respect and an insult to the Creator when we subject our children to so many vaccines. It's like telling the Creator that He has not done a good job.
Are we being sent defenceless into this world against the germs on this planet and have only vaccines which will keep mankind going?

Isnt it possible that that our body has been given a certain finite amount of immunity that has to be used by the body as and when a threat presents itself. By vaccinating ourselves against certain diseases we use up some of the bodies finite resources and our left only with a fraction of the original resources to fight diseases that may come our way during our life time.

Our parents may have taken 3-4 vacinations, we may have taken about 10 but our kids will take nearly 20 or more and its unbelievable but the kids in the US will end up taking more than 40-50 of these wonder cures. What are we doing to our kids and humanity on the pretext of giving them good health. Hygiene, food quality, life style has improved which should have actually resulted in lesser vaccinations for each succeeding generations .....unfortunately the number of vaccinations taken by todays children are on the rise and strangely the children seem to be suffering from symptoms like autism, hyperactivity, obesity, attention deficit syndrome, ear aches, restlessness etc which were quite unheard of during our childhood.

Are vaccines really needed to boost our immune systems when immunity should be built painstakingly with good excercise, good eating habbits, good social and emotional dynamics and most important GOOD HYGENIC living conditions? There is no quick fix solution to building immunity. The way to build immunity is like the wild animals of the Amazons untouched by human greed and our civilization. They have lived for centuries and are living a healthy life WITHOUT vaccines. We should take our clue from them. We should do the Creator proud by aligning ourselves with the Laws of the Universe and passing on good genes from one generation to another.

Please see the links below for more information and read for yourselves what havoc vaccinations have been causing in the US. Life is sacred, we must not let greed de-sanctify it.

http://www.whale.to/vaccines/lanctot.html
http://www.whale.to/vaccine/why_vaccination_continues.html
http://www.whale.to/v/mendelsohn.html // a famous doctor who became a critic of vaccinations
http://www.naturalnews.com/022383.html
http://www.vaccinationnews.com/Rally/ForceskieSpeech.htm
http://www.judicialwatch.org/blog/2008/oct/u-s-govt-mandates-gardasil


Awaiting some suggestions from you all so that we can fight this law together as there is no other option left.
Click to expand...

What is the issue?
What is the base of your waiver? is it personal belief or religious?
Have you checked with any US based immigration attorney to see USCIS really gives such waivers?
Do you know how USCIS is interpreting the portion of the law which allows such waivers?
You might want to check if USCIS has field manual on its web site which may help you.
In your opinion who is descriminating, is it an individual or the USCIS?

I don't see indian court having any jurdiction on US embassy so I believe case can be filed in US district court only.
 
Lawsuit

Lazy, Jeff and others

Lawsuit is inevitable and i just dont want to do it for myself. Thinking of a class action with 1000 people?.

Any thoughts?. Thanks.
 
Hello Lazycis / Other Immigration pundits in this forum

Do you know any good lawyer in Boston area to help me in filing WOM for I485 case pending since SEP 2003.

Brief history of my I485 pending case,

SEP 2003 --I485 ND

FED 2005 --FBI cleared my Name check after several phone calls and got confirmation through Congress man office saying all background checks are completed.

June 2005 -- My PD became un-available

JAN 2007 -- Case got tranferred from VSC to BOSTON.

since Jan 2007 -- contacted Boston center through Infopass as well as Congress man. They keep telling my Name check is still pending.

I have a leeter from FBI and Congress man saying my Name check is cleared. But USCIS is not bothered to see those letters.

Really confused how to proceed from here.

Any sort of help is much appreciated.

Thanks
Raju
 
Thanks for your response. Its based purely on personal belief and moral grounds as I think very strongly the vaccinations are anti-humanity and anti-life. They have serious and harmful side-effects which are not evident now but will be seen perhaps a 100 years down the line and then it would be too late as the effects would be irreversible. Man can pluck a leaf from a tree but does he have the wisdom to put it back. If you see the links I have posted you will see that the side-effects are already becoming visible..It will be too late if continue going down this route. We must fight for Mankind and the lives of the kids of this generation.
Vaccinations should never be made mandatory.
They definitely had this waiver available when I contacted the US Consulate, Mumbai in Oct 2007 of last year. I dont know now. And why should one have to pay money for a waiver. A waiver for a vaccination should be straightforward a simple one page application form. Any informed person who knows about the side-effects of vaccinations and is fearful of them should be exempted from it. Those who think they are fine no problem ...let them go ahead and build their immunity the wrong way.

Apologize for my tirade. Please let me know what my options are....I know there is something out there which has been explored before or we will have to find something to attack this. I need the force of people who have firm conviction in the Laws of Nature to back me and we can find it. Please scout around if you are convinced that I have a noble cause. Also pl. contact me at rpe_111@rediffmail.com if possible. Thanks once again for your time.
 
This is not a case of different laws for citizen and non-citizens. This is a case of discrimination of not being allowed to fill a waiver form when there is a form available --just because I'm in India. If by chance if I were int the US this issue would have been over long time ago. I can bet you that. At a broader level this is about making vaccinations mandatory. I know its a difficult case but its time to fight now and not when it the effects of vaccinations become too late and when nothing can be done.

However every situation deserves radical thinking. I know there is something out there which has been explored before or we will have to find something to attack this. I need the force of people who have firm conviction in the Laws of Nature to back me and we can find it. Please scout around if you are convinced that I have a noble cause. Also pl. contact me at rpe_111@rediffmail.com if possible. Thanks once again for your time.
 
GC_09_2003/Raju,

Usually when AOS gets transferred to local office, the applicant is called for an interview. You can try writing to local USCIS district director attaching the response from congressman and FBI stating that your name check is cleared and demand immediate adjudication of your AOS.

When you do decide to sue, include the district director in the list of defendants.

You can file WOM by yourself (known as filing Pro Se) if you feel up to it and it will cost you under $500 (filing fee is $350 + cost of photocopying and mailing). Look here for a sample WOM filed Pro Se in MA. you can start at wiki books article to get a sense of what's involved in the process.

The lawyer may charge you anywhere from $2000 to $4000 and up. Here are some lawyers that I came across in different complaints/WOMs filed in the dist. court of MA. I don't have any personal experience with anyone of them.

Vard R. Johnson
Suite 210, 18 Tremont Street
Boston, Massachusetts 02108
1-617-557-1711
1-617-557-4711 FAX
vardinboston@verizon.net

Desmond P. Fitzergald
FitzGald & Company, LLC
18 Tremont Street, Suite 210
Boston, MA 02108
Tel: 617-523-6320
Fax:617-523-6324
Email: dfitzergald@fitzgeraldlawcompany.com

Kaplan O'Sullivan & Friedman, LLP
10 Winthrop Square, 3rd Floor
Boston, MA 02110
617-482-4500

GC_09_2003 said:
Do you know any good lawyer in Boston area to help me in filing WOM for I485 case pending since SEP 2003.

Brief history of my I485 pending case,

SEP 2003 --I485 ND

FED 2005 --FBI cleared my Name check after several phone calls and got confirmation through Congress man office saying all background checks are completed.

June 2005 -- My PD became un-available

JAN 2007 -- Case got tranferred from VSC to BOSTON.

since Jan 2007 -- contacted Boston center through Infopass as well as Congress man. They keep telling my Name check is still pending.

I have a leeter from FBI and Congress man saying my Name check is cleared. But USCIS is not bothered to see those letters.

Really confused how to proceed from here.

Any sort of help is much appreciated.

Thanks
Raju
Click to expand...
 
Last edited by a moderator:
Is "Additional Review" a code name for "Name Check"

So, I called 1-800-Misinformation line to inquire about my N400 application status. I pretended as if I do not know any thing. She could not pull up my case by receipt#, but would not transfer me to the immigration office. Just took down my contact info, and sent a service request to my district office.

Today, I got a letter from the district office. It states that my case is outside processing time as it is going through "additional review". So my question to ya all folks is, is "additional review" a fancy code name for Name check? or is it just a generic bullsh!t letter. OR better yet, may be they have actually cleared the name check and now performing a review before scheduling an interview.

Secondly, I am wondering, if it is only the name check which is holding up, can I force through my senator to get an interview, while they process my name check?
 
Is it the class action they are reluctant to take up or even your individual case as well? Are you talking to the right attorney?

Not all Immigration attorneys are well versed in federal immigration litigation.
raju_vijay said:
Jeff/Lazy - I am trying to find an immigration attorney. So far the ones i have spoken no one wants to take up the case. Its ridiculous. I might just have to file by myself?.
Click to expand...
 
please advice

A writ of mandamus question
i decided to go ahead and sue the uscis .am getting myself ready to do it myself .i sent the uscis a letter informing them that if they will not make a decision on my case within 30 days (it will end october 13th) i will sue them in my federal court .the thing is i did not hear any reply from them concerning this letter .my case has been pending background check for almost 2 years now . I never been interviewed and i got my first ead after 9 months of my initial i-765 application and when i got it it had the misspelled name on it :d .also after like 11 MONTHS of my i-485 application being pending background check i discovered that they also had my date of birth mistaken in my 485 application:d.and i had to correct all this .i moved from nj to michigan and i started receiving letters from the uscis to my new address in michigan .unfortuntely they have schedueled me or a second set of ingerprints in newark ,nj although they got my current address in michigan on file . I had to go to my local support center in detroit and i had my set of fingerprints done ...a 2 weeks befor i got a letter that my i-485 application is suspended because i didnot do my fingerprints :d

i am a middle eastern and i came legally to the usa with a b1/b2 visa and my wife had been serving in the us navy for almost 8 years and she got out last july with honor ....is that's why they are holding my case .....? ....when i explain to the judge in the court room what happens to my case will the uscis just come and tell the judge that it is a national security matter although i never did anything wrong in the states and that will enforce the judge to dismiss my case .... Will they tell the judge that my name has matched some of the names they have on file so they will have to do more check (they already spent 2 years checking on me) . I just got my first baby and i am few steps away to become a pharmacist and i don't work now and my wife just gotta a part time job and i am under a lot of stress ......please please please advice .....thanks
 
jefkorn said:
Is it the class action they are reluctant to take up or even your individual case as well? Are you talking to the right attorney?

Not all Immigration attorneys are well versed in federal immigration litigation.
Click to expand...

I am trying to go with both scenarios but the ones i have spoken so far are useless. Do you happen to know any good immigration attorney in Connecticut?. Thanks.
 
Larka-m said:
Does this reply to the AUSA sound ok:

Dear AUSA,

Would it be possible to add a sentence to this consent order - specifying a commitment from USCIS to adjudicate my naturalization application within 60 days of the date of entry of this Consent Order?
Click to expand...

Dear lazycis, fellow WOMers, et al,

Quick update - I am a US citizen today. I had my interview and oath at Newark, NJ. The entire process went smoothly...

Thank you all for the great advise and support. Good luck to everyone stuck in the name check mess. There is light at the end of the tunnel.
 
Congratulations Larka-m!
Was your GC an employment based? Did you stick with your GC sponsor employer for long after receiving GC and was this subject brought up at the Natz. interview? Thanks
Larka-m said:
Dear lazycis, fellow WOMers, et al,

Quick update - I am a US citizen today. I had my interview and oath at Newark, NJ. The entire process went smoothly...

Thank you all for the great advise and support. Good luck to everyone stuck in the name check mess. There is light at the end of the tunnel.
Click to expand...
 
aswresm,
Continuing from http://boards.immigration.com/showpost.php?p=1969197&postcount=2

According to the Feb. 2008 USCIS memo, if name check is pending more than 180 days and AOS is otherwise approvable, it should be approved. Although name check pending should not prevent CIS from adjudicating your AOS, for all you know your name check request may have been just waiting in the queue if it needed manual resolution.

According to USCIS press release in Apr. 2008 [pdf], all name check pending more than 2 years should have been cleared by July 2008.

aswresm said:
A writ of mandamus question
i decided to go ahead and sue the uscis .am getting myself ready to do it myself .i sent the uscis a letter informing them that if they will not make a decision on my case within 30 days (it will end october 13th) i will sue them in my federal court .the thing is i did not hear any reply from them concerning this letter .my case has been pending background check for almost 2 years now . I never been interviewed and i got my first ead after 9 months of my initial i-765 application and when i got it it had the misspelled name on it :d .also after like 11 MONTHS of my i-485 application being pending background check i discovered that they also had my date of birth mistaken in my 485 application:d.and i had to correct all this .i moved from nj to michigan and i started receiving letters from the uscis to my new address in michigan .unfortuntely they have schedueled me or a second set of ingerprints in newark ,nj although they got my current address in michigan on file . I had to go to my local support center in detroit and i had my set of fingerprints done ...a 2 weeks befor i got a letter that my i-485 application is suspended because i didnot do my fingerprints :d

i am a middle eastern and i came legally to the usa with a b1/b2 visa and my wife had been serving in the us navy for almost 8 years and she got out last july with honor ....is that's why they are holding my case .....? ....when i explain to the judge in the court room what happens to my case will the uscis just come and tell the judge that it is a national security matter although i never did anything wrong in the states and that will enforce the judge to dismiss my case .... Will they tell the judge that my name has matched some of the names they have on file so they will have to do more check (they already spent 2 years checking on me) . I just got my first baby and i am few steps away to become a pharmacist and i don't work now and my wife just gotta a part time job and i am under a lot of stress ......please please please advice .....thanks
Click to expand...
 
Last edited by a moderator:
jefkorn said:
Congratulations Larka-m!
Was your GC an employment based? Did you stick with your GC sponsor employer for long after receiving GC and was this subject brought up at the Natz. interview? Thanks
Click to expand...

jefkorn - yes the GC was employment based and yes I was with my GC sponsor employer for 5 years...and no this subject was not brought up by the officer...
 
You must log in or register to reply here.
Top