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

I sent private email. Please respond.

jefkorn said:
emilyidea,
Without looking at your Complaint doc., are you missing the jurisdiction piece? Essentially court is asking you to submit an amended complaint where you should include arguments to convince the court that it has jurisdiction over your case. You can look at some sample complaints in the forum and look at Jurisdiction section. There's nothing special about submitting an Amended Complaint, you just give it a title "First Amended Complaint" and file it with the court of course only after including the Jurisdiction related arguments.
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gcseeker28 said:
Thanks Ivla for the info, I have seen few posts where in people were suggesting that based on the fact that priority date was current and USCIS did not act on it, we can file the WOM and have 2 things accomplished.

1) Pre-adjudicate the case i.e. everything done expcept that visa number is not alloacated.
2) Some folks say sue state dept as well and let them pre-assign a visa number for u, not sure what this means, does this mean, visa date will be given when they are available however one is given to you while it is pending?

Hence I am thinking I should file a WOM.

Appreciate any advice.
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Without a current PD, USCIS has a strong excuse to dismiss your WOM. If the WOM is dismissed they don’t need to do anything.

Besides, those two things that you mentioned still don’t give you the Green Card. My case was assigned to an officer for adjudication since last March. So what? Till this May they still said they were reviewing it. And they kept saying yes visa number is available for your case. But they haven't made the decision yet. My name check was also cleared last year, RFE replied last year. Everything was ready. They just don’t act on it. No matter how close they are, if they don't give you the final approval, it means nothing to you. WOM is to push them on the final approval. But with PD not current, they can't approve the case.

I’d say I agree to lvla, prepare everything, but do wait till your PD is current.
 
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Please help I applied for a green card in June of 2004. I complied with all USCIS requests and had a second interview on April 22, 09. I haad just turned 18 in Jan. 09 therefore at the interview I was requested to register for Selective Services. I sent the proof of registration to USCIS office in San Francisco yesterday (June 4, 09). Shall I wait for a response or go ahead and file a lawsuit? I have waited 5 years for a green card and I'm still waiting. Please help and any input or advice will greatly be appreciated.
Thanks
 
Serving US Attorney for the District

Hi All,

Please help with all your expertise:

Finally: I filed WOM (N-400 delay no interview) in the district court and submitted complaint along with cover sheet, designation form, and the check.

I had prepared all the summons for the defendants but court clerk said that they provide the summons and I will get them in the mail with court seal and then I have 120 days to serve them. Now my problem is that I did not list US Attorney for my district on complaint as a defendant. And according to court clerk, Court will serve the US Attorney with the summmon on my behalf. He said anytime US govt is sued US attorney will be served by court. And he said it they can do that in 120 days? Any idea or suggestion of what I should do?
Problem is the summon that court will send me will be for all federal defandants and not for US Attorney so how do I serve US Attorney for the district and If I don;t serve them when does 60 day period start and how will Ausa get assigned. I can not serve US attorney office without stamped summon from court with their name on it. Please help...Very anxious and confused.
 
Saral,
US Attorney (USA) doesn't need to be a named defendant in other words he/she doesn't need to be listed as a defendant. He does have a very vital function to play though in the process. He is going to represent the named defendants in WOM type cases. In reality you will probably deal with one of his/her assistants (AUSA) in your communications.
I already replied to your PM but reading your question again here, it seems that Court will serve US Attorney on your behalf and you don't have to do anything. In this case when the court does serve US Attorney, your 60 day clock will start from that date. You can also check with court clerk in couple days to get a status on when are they going to serve. Don't panic! you should be fine.
Saral said:
Hi All,

Please help with all your expertise:

Finally: I filed WOM (N-400 delay no interview) in the district court and submitted complaint along with cover sheet, designation form, and the check.

I had prepared all the summons for the defendants but court clerk said that they provide the summons and I will get them in the mail with court seal and then I have 120 days to serve them. Now my problem is that I did not list US Attorney for my district on complaint as a defendant. And according to court clerk, Court will serve the US Attorney with the summmon on my behalf. He said anytime US govt is sued US attorney will be served by court. And he said it they can do that in 120 days? Any idea or suggestion of what I should do?
Problem is the summon that court will send me will be for all federal defandants and not for US Attorney so how do I serve US Attorney for the district and If I don;t serve them when does 60 day period start and how will Ausa get assigned. I can not serve US attorney office without stamped summon from court with their name on it. Please help...Very anxious and confused.
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Thanks a lot Jefkorn for q quick reply and for PM too. I just wanted some confirmation from you guys :)

Another question, I did not ask for Jury ( I think that question was on coversheet or one other form. Should I have?? Now I thinnk my case is No Jury???
Any thoughts??
 
You don't need Jury, a WOM case like yours will mostly decided by filing motions or better yet without even filing a whole bunch of motions and it would be just the nudge CIS needs.
Saral said:
Thanks a lot Jefkorn for q quick reply and for PM too. I just wanted some confirmation from you guys :)

Another question, I did not ask for Jury ( I think that question was on coversheet or one other form. Should I have?? Now I thinnk my case is No Jury???
Any thoughts??
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hi guys i have a question how do you find out that ausa has filed anymotion or any other kind of activity has happened on your WOM , cause i filed in 18 may 09 and i dont what will the govt do or i have to wait sixty days before i do something like calling my attorney and may be directly AUSA office
 
The case activity is recorded in PACER which is an online system. You need to get a free account and I believe you won't be charged for first viewing of any documents regarding your own case.I could be wrong about the charging part. Once you get an account in PACER, you will be able to see ongoing activity on the case. For example Which AUSA was assigned and when? If they have filed an answer or motion etc and you will also be able able to see what was filed. Or if this seems too much to handle, you can get in touch with the court clerk and they should be able to lookup your case in their system and tell you the latest activity. Hope that help!

Helphelp1 said:
hi guys i have a question how do you find out that ausa has filed anymotion or any other kind of activity has happened on your WOM , cause i filed in 18 may 09 and i dont what will the govt do or i have to wait sixty days before i do something like calling my attorney and may be directly AUSA office
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I have been trying to read this thread, and I am going to file a 1447. I have already cleared FBI name check, just waiting on adjudication so I don't know if I need to include the FBI. The last person is the US Attorneys office listing at: usdoj.gov/usao/offices/index.html

My main question is, if I am filing in central california district court, are these the right defendants and US attorneys to send my summons and complaint to?

Janet Napolitano
Secretary of the Department of Homeland Security
U. S. Department of Homeland Security
Washington, D.C. 20528

Michael Aytes, acting Deputy Director
U. S. Citizenship and Immigration Services
425 Eye St. NW
Washington D.C. 20536

Jane Arellano
Los Angeles District Director
U. S. Citizenship and Immigration Services
300 N. Los Angeles Street
Los Angeles, CA 90012

Eric Holder Jr,
Attorney General
U. S. Department of Justice
950 Pennsylvania Ave, NW
Washington, DC 20530-0001

Thomas P. O’Brien
1200 U.S. Courthouse
312 North Spring Street
Los Angeles, CA 90012
 
Suing USCIS how early I can file for WOM.

I applied for citizen ship on 12/2/2008. My interview was cancelled twice (3/31/2009 and 4/1/2009). According to USCIS my name check was cleared but with the wrong date of birth. New name check was sent and still pending. My understating nothing good will come out USCIS if I waited. I am planning to sue USCIS very soon; the processing time in my local office is 10/12/2008. I am wondering how early I can file for WOM.
 
I'm Iranian ( it seems that's the only problem ). I filed my n400 application on 12/27/2007 at Vermont SC. Got the FP done on 4/08 and heard nothing back. Made few fruitless infopass appointments and tens of calls.

Jan 09 I made a service request and got the Interview letter in mail. Interview date was 02/04/2009. I passed the interview and at the end the officer told me that "Congratulation, you passed the interview but unfortunately we can't ask you to stay for oath since your background check is not complete yet".

I have to admit that I was very upset. She was very polite and apologized that she is not able to ask me to stay for oath ceremony. She said that in few weeks I should get the oath letter.

60 days later I called and I was told that I have to wait 90 days before I could make a service request. on day 91 I called and I was told that it's actually 120 day. Well I knew that from reading different immigration forums.

Mind you that I called the USCIS a few times and they said that my background check is cleared by FBI but my case needs "EXTENDED REVIEW".

A week before 120 days I made an infopass appointment. After speaking with the immigration officer, it was like speaking to a recorder. She kept repeating the same thing without even listening to what I was saying. I wasn't giving up. After few minutes of her repeating herself and I asking her to listen to what I was trying to say, she asked for her supervisor which was even worse than her. He came in as if he is going to a box ring. Loud and obnoxious. I clearly explain that a) I've been waiting for such a long time and b) What is the exact status of my case? Did my name check cleared? Is there extended review? Where is exactly my case stuck? he gave me a full load of BS. I respectfully told him that he is not answering my questions ( I don't think he even knew the answers ). He then angrily asked me to sit so he can get his supervisor to come and talk to me. His supervisor came. She was very nice. She said that she's worked in INS more that 25 years and she could help me with whatever questions I have. I asked my questions again. Her answer was that a) You are not alone. A lot of people are waiting even more than that ( not a good answer but at least she heard the question) b) my case is still waiting for some more "Internal" background check. She promised that she will present my case to the officer that was working on my case. She gave me a letter as a proof which said that my case is pending for "Extended Review".

on day 121 I made a service request. A week after that I got a letter from USCIS asking me to go for a second fingerprint which was scheduled on 06/16/09. Few days later I got a letter in response to my service request that my case is still pending because of FBI name check.

I went for my second FP on 06/16/09. Now I'm officially pissed :mad: and I'm seriously considering sueing FBI and USCIS. I know at least 3 more Iranian that had the same issue and took them 3 years to get citizenship. I was wondering if we can file a class action suite. Any help is greatly appreciated.

Thanks,
Jamal
 
I understand your furstration. It is happening to me too just because I am an Arab. I do not know what USCIS and FBI think. It is a big discrimination and hypocracy. They are Stereotyping people when it comes immigration benefits, but when it comes to paying taxes everyone is equal !!!!. Well, good for them we are here and instead of giving us citizenship so we can bring our familes here so we can spend the money we send back home HERE in the USA they decided they are well off without it. We are very well educated and we benefited this country just like everybody else. I think that is it for the American dream and equality and hard working people, it seems no matter how good the person is if he an Arab or Muslim they will be picked out. Regards.
 
so here is the story so far.filed wom early in the year.........
60 days passed and Ausa asked for extension........and then another which was given.........
then the dates retrogressed for EB3. Ausa then filed motion to dismiss.
Attorney then filed a motion against that. Ausa then offered to settle the case with agreement that USCIS will approve /deny the case within 60 days of the dates becoming current.
Basically the judge who the case was going to had already thrown out a case like mine so attorney thought it was a good idea to settle at this point.
What are the chances USCIS will keep thier word on the agreement.
Inputs advice comments anything

PD is jan 2001
EB 3 India
 
Hi Jamal. I am so sorry to hear of your problems. I won't bore you with details, but basically I am a Brit, I have been trying to get my citizenship. I am way out of processing times. I have been given the total run around. The service number is a waste of time, it's like talking to robots. I have been told everything from, your file is in Vermont (still???), it's in Nebraska, its in for extended review, your background check and fingerprints have cleared, you are out of current processing timelines, you are not out of current processing timelines...and so on and so on.
I STILL have not even got an interview date. Others that filed months after me are already citizens. I have been in this country, legally, since 1990. I have had no problems with green card etc. So I don't know that the hell is taking so long.
So, I don't think it's just because you are Iranian. I think they have lost our files!
I am so pissed off with the whole process.
I have filed a complaint with the USCIS ombudsman, but I don't hold out much hope. I wish I had not even bothered starting the whole process. Something I thought that would be completely straightforward has turned into a depressing debacle.
 
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