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

Thank you Jefkorn...

jefkorn said:
Hi GC_09_2003,
Counsel Of Record means the lawyer on record who is representing the party(plaintiffs or defendants). In case of Pro Se filers, you are the counsel of record. The way a case is setup in court's electronic system limits the access to documents in certain type of cases to counsel on record on both sides(plaintiff and defendants). In short, this doesn't affect your case in any way other than your inability to see the documents until the proper access is configured. You may want to get in touch with the court clerk or better yet the PACER/ECF (electronic filing) support person at your court and they will be able to sort this out.

See posts that follow this link http://forums.immigration.com/showpost.php?p=1931176&postcount=15632

Also http://forums.immigration.com/showpost.php?p=1997410&postcount=16730
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Latest Update

Lazycis/Jefkorn,

After I filed the first amendment to the original complaint, I see the status changes to Card Production Ordered!!! Its amazing to see how quick USCIS is!!! It happened 3 days after AUSA/Court got my amended complaint :)
 
watertown, way to go man!! you did it :) Congratulations on your achivement. I received Card Mailed email when the actual card was mailed as well after CPO email.
watertown said:
Lazycis/Jefkorn,

After I filed the first amendment to the original complaint, I see the status changes to Card Production Ordered!!! Its amazing to see how quick USCIS is!!! It happened 3 days after AUSA/Court got my amended complaint :)
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Had my Interview today:

It lasted about 20 min. IO was professional but not friendly.
Went through application questions. One by One. No changes for me. Was asked for evidence for marriage.
Passed civics/history/english tests. Was given an oath letter for next week. That's it.

It seems weird that it's almost over. Total duration for processing: 2 years, 7 months and 21 days.

Cregan, Hope your oath went well today. Congrats.
 
Waterman00 said:
Had my Interview today:

It lasted about 20 min. IO was professional but not friendly.
Went through application questions. One by One. No changes for me. Was asked for evidence for marriage.
Passed civics/history/english tests. Was given an oath letter for next week. That's it.

It seems weird that it's almost over. Total duration for processing: 2 years, 7 months and 21 days.

Cregan, Hope your oath went well today. Congrats.
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Congratulations! I know it's been a rough ride for you, but everything's well that end well...
 
Waterman00, you have your Oath date? Congrats, that's so cool

Had my Oath today!

All went well and received my citizenship certificate. But I had to send it with my passport application. I miss it, lol

Thank you for all of your support.

:)
 
Thanks Mr Vertigo and Cregan. I appreciate your encouragements.
This board has given me hope many times when I felt like giving up, so I go up and write a new letter or schedule an infopass...etc.

Some distinguished people I want to recognize:

- Lazycis
- Bobsmyth
- rick92
- Cregan
- Mr Vertigo
- Cybex
- JohnnyCash
- Publicus (The Pioneer)
- Saral

Thanks and Best of luck.
 
Congrats!!

Cregan and Waterman00,

Congratulations on your victories!!! Glorious victories, I should say. Time to celebrate!

Very happy for you!
 
cregan said:
Waterman00, you have your Oath date? Congrats, that's so cool

Had my Oath today!

All went well and received my citizenship certificate. But I had to send it with my passport application. I miss it, lol

Thank you for all of your support.

:)
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Congrats Cregan and Waterman00 .. I am happy for both of you. I have 15 more days for my interview. I hope I will have the same luck as you guys.
 
I-485 approved

Hi, all, just want to let you know guys/gals, my I-485 is approved.

First and foremost my sincere thanks to publicus, jefkorn,lazycis,watertown, and cregan for their extraordinary information and detail and support in this forum and without their information and help I would have not filed WOM as pro-se. Their help saved me thousands of $$$s and got my GC. So my sincere thanks to them from bottom of my heart.

WOM filed --> 01/27/2009
2nd FP - code-1 --> 02/24/2009
I-485 approval notice date --> 02/25/2009
Approval Notice received --> 03/02/2009

I never received email, only straight letter so I didn't know that my case got approved right next day of my 2nd-FP.

I'm happy but to make this USCIS to work on my case I have to file WOM, thats pathetic. People are getting paid to do the job but with USCIS, government has to pay and customer needs to file case with court.

Anyway, all the best and wishes to everyone who is waiting for their GC approval.
 
485 wom

Has anyone filed for WOM before processing date is current? Of course, PD is current and all the checks are done.... We all know that processing dates are sham.

What is reasonable time for 485? i.e. you can file for WOM.

Thanks,
 
The reinterview was conducted within 120 days.
I called USCIS Customer Service yesterday and the IO told me that they sent me a letter earlier on Friday on my Service Request stating that they need another 6 months to process my case as there are some background checks pending. I asked her that the checks should have been completed before the interview and she replied that if the case has been under review/process for quite long then they have to reintiate the checks. It has been 17 months since I filed my N-400 and over 180 days since my first interview and almost 90 days since my re-interview.
My first question is should I write to the Senator/Congressman and Ombudsman before filing WOM? USCIS can simply come back with a response that they need more time for completing background checks.
The other question is should I even be filing WOM? I have some what complicated case due to extensive overseas travelling and I am afraid they might reject me if I push too hard. I filed on the basis of 3-year marriange to a U.S. citizen and at the time of filing on September 27, 2007 I had 21 months stay in the U.S. out of 36 months so I did fulfill the 18 month rule. After filing I have been traveling and staying abroad due to the nature of my business. However I never stayed over 6 months. USCIS asked for the proof of business and I had complied with all the requests and provided additional documents including business tax returns, overseas transactions, business account statements etc. I believe USCIS can not reject my case as no law was broken and I have provided all the documentation they requested and I think they don't want to approve it either.



lazycis said:
Code of federal regulations:
8 CFR Sec. 335.3 Determination on application; continuance of examination.

(a) The Service officer shall grant the application if the applicant has complied with all requirements for naturalization under this
chapter. A decision to grant or deny the application shall be made at the time of the initial examination or within 120-days after the date of the initial examination of the applicant for naturalization under Sec. 335.2. The applicant shall be notified that the application has been granted or denied and, if the application has been granted, of the procedures to be followed for the administration of the oath of allegiance pursuant to part 337 of this chapter.


Moreover, the second interview should have been done within that 120 day period after the initial interview:

8 CFR 335.3(b) "[T]he reexamination on the continued case shall be scheduled within the 120-day period after the initial examination..."
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hereismygc said:
Hi, all, just want to let you know guys/gals, my I-485 is approved.

WOM filed --> 01/27/2009
2nd FP - code-1 --> 02/24/2009
I-485 approval notice date --> 02/25/2009
Approval Notice received --> 03/02/2009


I'm happy but to make this USCIS to work on my case I have to file WOM, thats pathetic. People are getting paid to do the job but with USCIS, government has to pay and customer needs to file case with court.
Click to expand...

Congrats! I do agree that we pay USCIS enough money to get fast and friendly service. At least they do not waste our money by fighting WOM in court anymore.
 
b0nd said:
The reinterview was conducted within 120 days.
I called USCIS Customer Service yesterday and the IO told me that they sent me a letter earlier on Friday on my Service Request stating that they need another 6 months to process my case as there are some background checks pending. I asked her that the checks should have been completed before the interview and she replied that if the case has been under review/process for quite long then they have to reintiate the checks. It has been 17 months since I filed my N-400 and over 180 days since my first interview and almost 90 days since my re-interview.
My first question is should I write to the Senator/Congressman and Ombudsman before filing WOM? USCIS can simply come back with a response that they need more time for completing background checks.
The other question is should I even be filing WOM? I have some what complicated case due to extensive overseas travelling and I am afraid they might reject me if I push too hard. I filed on the basis of 3-year marriange to a U.S. citizen and at the time of filing on September 27, 2007 I had 21 months stay in the U.S. out of 36 months so I did fulfill the 18 month rule. After filing I have been traveling and staying abroad due to the nature of my business. However I never stayed over 6 months. USCIS asked for the proof of business and I had complied with all the requests and provided additional documents including business tax returns, overseas transactions, business account statements etc. I believe USCIS can not reject my case as no law was broken and I have provided all the documentation they requested and I think they don't want to approve it either.
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Indeed, the second interview was on time, but the second interview does not restart 120 day clock. That's why it should be conducted within that 120 day period. If your case is complicated, you will be in much better position to dispute a denial if it happens after you file 1447b lawsuit. USCIS cannot legally deny your N-400 after 1447b suit is filed. As soon as you file a lawsuit, USCIS can approve or deny N-400 only with court's permission.
 
Hi hereismygc,
Congratulations and best wishes for your future. Courts have had it with USCIS. Great job :)
hereismygc said:
Hi, all, just want to let you know guys/gals, my I-485 is approved.

First and foremost my sincere thanks to publicus, jefkorn,lazycis,watertown, and cregan for their extraordinary information and detail and support in this forum and without their information and help I would have not filed WOM as pro-se. Their help saved me thousands of $$$s and got my GC. So my sincere thanks to them from bottom of my heart.

WOM filed --> 01/27/2009
2nd FP - code-1 --> 02/24/2009
I-485 approval notice date --> 02/25/2009
Approval Notice received --> 03/02/2009

I never received email, only straight letter so I didn't know that my case got approved right next day of my 2nd-FP.

I'm happy but to make this USCIS to work on my case I have to file WOM, thats pathetic. People are getting paid to do the job but with USCIS, government has to pay and customer needs to file case with court.

Anyway, all the best and wishes to everyone who is waiting for their GC approval.
Click to expand...
 
Congrats. Did you get the plastic Card or just letter?

hereismygc said:
Hi, all, just want to let you know guys/gals, my I-485 is approved.

First and foremost my sincere thanks to publicus, jefkorn,lazycis,watertown, and cregan for their extraordinary information and detail and support in this forum and without their information and help I would have not filed WOM as pro-se. Their help saved me thousands of $$$s and got my GC. So my sincere thanks to them from bottom of my heart.

WOM filed --> 01/27/2009
2nd FP - code-1 --> 02/24/2009
I-485 approval notice date --> 02/25/2009
Approval Notice received --> 03/02/2009

I never received email, only straight letter so I didn't know that my case got approved right next day of my 2nd-FP.

I'm happy but to make this USCIS to work on my case I have to file WOM, thats pathetic. People are getting paid to do the job but with USCIS, government has to pay and customer needs to file case with court.

Anyway, all the best and wishes to everyone who is waiting for their GC approval.
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In that case I am ready to file the lawsuit. Can you please point me in the direction on how to get started and how and where to file? Do I need a lawyer or can I do it at my own?
What do you think about USCIS reinitiating background checks? Can they tell the court they need more time like they sent me the letter stating they need another 6 months? They can always say they are actively processing the case but need more time, of course 120 days time limit is up.


lazycis said:
Indeed, the second interview was on time, but the second interview does not restart 120 day clock. That's why it should be conducted within that 120 day period. If your case is complicated, you will be in much better position to dispute a denial if it happens after you file 1447b lawsuit. USCIS cannot legally deny your N-400 after 1447b suit is filed. As soon as you file a lawsuit, USCIS can approve or deny N-400 only with court's permission.
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I sent Summons to the defendants in Washington for Janet Napolitano, Michael Aytes,Robert S. Mulleler, III and Eric Holder last Monday 02/23. I tracked the mail and found that there is no update except the note for acceptance. It's been more than one week, anybody experienced so long time of delivering? the one I sent to Chicago field office director was accepted on 02/25.
 
Shugemama said:
I sent Summons to the defendants in Washington for Janet Napolitano, Michael Aytes,Robert S. Mulleler, III and Eric Holder last Monday 02/23. I tracked the mail and found that there is no update except the note for acceptance. It's been more than one week, anybody experienced so long time of delivering? the one I sent to Chicago field office director was accepted on 02/25.
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I did experience the same issue. It took about a month or so to receive them back. If the online tracking systems shows your letters have been delivered, I would print that page and take it as a proof of delivery. The court here accepted the printed page with no signature as proof of delivery
 
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