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

Help - I am planning on filing a law suit.

I filed for citizenship in Jan/2009 and successfully completed my interview in May/2009. No update after that. Scheduled infopass, wrote to senator, wrote to Ombdsmen office. No one has any update.

What should I do? This is for the local Philly office. Who do I send the letter's to?

Thanks for all your help.
 
PhillyUSCIS said:
Help - I am planning on filing a law suit.

I filed for citizenship in Jan/2009 and successfully completed my interview in May/2009. No update after that. Scheduled infopass, wrote to senator, wrote to Ombdsmen office. No one has any update.

What should I do? This is for the local Philly office. Who do I send the letter's to?

Thanks for all your help.
Click to expand...



What is their reason for the delay ? have you got any answer from them ?
 
I’m all set to file WOM in the next 10 days or so and have consulted 3 attorneys who have filed at least 15 of these and have won all of them. I had few questions before I move further and this forum is the best place for this as everyone is helpful and knowledgeable at the same time.

1. Anyone has seen denial after filing WOM? What usually are the reasons for denial?
2. Will the denial have any impact on our GC? When can we file again if it gets denied?
3. Is there a way to find out what is taking so long? Will the denial have an impact on GC renewal?
4. If USCIS loses the case (WOM), do we get the filing fee/court fees back from USCIS?
5. Is it a good idea to withdraw the application and file a new one since in some instances WOM also takes 4 months and most of my friends have got their Oath in less than 3 months?

Please let me know (private message) if you have any recommendation for a good attorney in MD/DC area? Armin78 and others has been very helpful.
 
GCDETAILS, Have you considered filing on your own without the attorney? How much is the attorney charging to file your case per applicant?
 
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armin78 said:
What is their reason for the delay ? have you got any answer from them ?
Click to expand...

They have not given any reason. I have called up the National Service Center several times (about 3-4 times in the last six months) they are saying that they can not find any thing in the system that should be causing the delay. The file is with the local office in Philadelphia and everytime I enquire, they just send me a letter saying "case is under review and you will be notified when a decision is made".
 
PhillyUSCIS,

I am also in similar situation:

My spouse and I were attended interview May'09 in Newark and passed the Interview. My spouse got oath letter after a month and became a citizen. But, I am still waiting for my oath letter and the reason they stated is ‘Name Check’ still pending.

Here is the Interview process:

First my wife went to the Interview, passed it and got the same day oath ceremony letter.
Next, I went to the Interview and the IO found that my FBI file has my spouse's DOB. Then, he went to IO who interviewed my wife and found that her FBI file has my DOB. So, he took her oath letter back and told us that they need to fix it and send the oath letter later.

The reason stated from my spouse IO in N-652: "Finger prints rechecked, will notify once in receipt of response"

The reason from my IO for me on N-652: "Name check" to be resubmitted

Though our DOB is interchanged in our FBI files, we got different reasons for not taking decision on that day.

After a month, my spouse got her oath letter and became a citizen.

Almost close to a year after Interview, I am still waiting for my oath letter.

3, 4 calls to USCIS resulted in a letters stating 'case is under review and you will be notified when a decision is made'
 
Hello to All,
I have been waiting for my GC through Asylum based AOS since 2004, with no end on sight:
-2004 submitted the application to NSC.
- 2005 did my medical check.
- 2007 redid my medical check.
- 2009 my file transfered to DC the reason:case is undergoing an “extended review”.
- 03/2010 USCIS transferred my case from DC back to the Nebraska Service Center.
According to my Lawyer,USCIS is telling him that my case will continue to be on hold due to evidence that I am inadmissible. USCIS is waiting for authority to be able to waive the inadmissibility in many asylee adjustment cases. Until then, they are holding them.USCIS has no statutory time limit on deciding an adjustment of status application.
According to my lawyer too:. The Nebraska Service Center is holding many asylee adjustment cases where there may be an issue of inadmissibility due to material support of a tier III terrorist organization. very few of the cases actually have the issue of material support but the officers are looking at where people are from (like Ethiopia and Algeria) and are placing the cases on hold for inadmissibility for giving material support.
so my lawyer sees the options at this point are waiting until USCIS gets authority to waive this ground of inadmissibility from the Secretary of Department of Homeland Security or file a mandamus lawsuit.
Anyone who can advice me what to do would be very gratefull; I am inclined to the mandamus lawsuit, but I am afraid of repercautions if it backfires on me. any suggestions please??
Thank you
 
How much time it usually takes after filing the lawsuit? USCIS was served on May 25th. No response from anyone yet. The lawyer said that they have 60 days and they can get an extension from the judge for another 60 days.
 
You should read the #1 thread post this forum (Lawsuit again USCIS). It is very helpful, and it clearly tell you what you should do next.
Once you filed the "Returned Receipt" to the court, the defendant is given 60 days deadline to response.
Two weeks before the deadline, you or your attorney should call the local district attorney to find out the lawsuit status. The district attorney might ask you to dismiss the lawsuit, so they can instruct USCIS to adjudicate your application within resonable time period.
 
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still waiting

Gcdetails I have filed mine on the 10th of may...ausa served on the 13thmay and the rest on the 17th I filed at Newark(nj) will update once I get a response.
 
Guys I cannot believe it I just posted about 2 hrs ago and My husband just checked the mail.....and found what........................My oath letter.yes 1447 works.

I would like to thank each and every one of you who have posted in this forum.I would have never filed 1447 if its was not for all of you.

will update once oath ceremony is over.

THANKS AGAIN.

I although have one question...has it ever happened that they call you for oth ceremony and deny you....(just wondering).
 
LAZYCIS AND ALL THE OTHER CONTRIBUTORS?
I am a Silent reader of this great forum and have spent countless hours reading the valuable info posted here, here is my timeline.
N-400 Filed on September 17, 2009.
Recieved notice of Reciept on September 23, with September 21 as petition recieved date.
Fingerprint Notice appointment for Nov 11, 2009 recieved on October 22, 2009.
Interview Letter recieved on Dec 09, 2009 scheduling interview on Jan 11, 2010.
Passed Interview and recieved notice that a decision cannot be made due to name check clearance.
Filed 1447(b) on May 13, 2010, yes I applied on the 122nd day. ( Thanks to all the folks who said not to even wait one day over 120 days otherwise i'll be waiting forever )
Just recieved a call from AUSA that he recieved a copy of the Naturalization application with a stamp of Approval on it dated 06/14/2010 today. ( I have not seen it yet though )
Yes guys in just 31 days they approved it evidently expediting the FBI name check between May, 20 2010 ( Local USCIS was served the court summons on May, 20 and they probably sent a expedite request right away ) and probably recieving the NC clearance on or right before June 14, 2010 when they actually approved it.
So yes if they want to expedite the name check they CAN DO IT as evident here, they got it all squared away in 24 days after the summons were served.
I did not waste anytime writing to Congressmen, Senator, President, First lady, FBI, Ombudsman and everybody else under the sun as nobody here really got any luck with it.
BTW the AUSA sounded very nice and i am glad i don't have to put up a fight although i was very much prepared with all the motions that i had to file if he was to file MTD.
I will be filing a voluntary dismissal right after the oath ceremony. ( Oath ceremony on June 18, 2010 as per AUSA )
Needless to say it was not possible without the people on this forum starting from the energy and the drive to file against the government, to actually doing it all by myself.
Thank you for all the people for your priceless contributions, postings and personal experiences specially lazycis, you have contributed and given a lot to this community, may God bless you, thanks a lot for giving so much time to people here that are sometimes down in the dumps, desperate and don't have anybody to turn to and you show em a ray of hope by providing them with important and necessary templates for thier filings which they might have to get otherwise after paying thru thier noses to the attorneys, keep up the good work.
 
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Noori

Congratulations ! seems like things are moving pretty quick in Newark also for 1447 filers and no once you got an oath letter its highly unlikey they will change thier mind.
 
Congratulations to both of you.
Mine also seems to be the same problem (name check) but they never confirmed. Infopas - 4 times - They always mentioned "Additional Review".
I tried writing to Congressmen, Senator, FBI, Ombudsman, District Dir etc and you are right, it didn't help.

Did you guys file 1447 by yourself? I went thru a lawyer and tried to contact the court and they said everythng has to come thru the lawyer.
 
gcdetails said:
Congratulations to both of you.
Mine also seems to be the same problem (name check) but they never confirmed. Infopas - 4 times - They always mentioned "Additional Review".
I tried writing to Congressmen, Senator, FBI, Ombudsman, District Dir etc and you are right, it didn't help.

Did you guys file 1447 by yourself? I went thru a lawyer and tried to contact the court and they said everythng has to come thru the lawyer.
Click to expand...

Gcdetails,I did not contact anybody ...just filed 1447b...and I did it myself (Pro se).
 
Dear Friends,

Please support the petition opposing renunciation of Indian citizenship at

http://www.petitiononline.com/OCIpeti/petition.html

with the subject: Opposition to mandatory renunciation of Indian Citizenship and request to consider OCI as a "standalone" document and make it a success by posting atleast 50000 signatures by July 15 2010.

Please circulate this url to all your friends by email.

Regards,

Deepak
 
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