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

Gcdetails

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.

Yeah GC I got all the information and help right from this forum here, also want to update everyone that I got naturalized on Friday June 18th as promised by AUSA, although I went and saw him on Thursday to sign the Voluntary dismissal, after he did gave me a copy of the PG1 of my N400 with approved stamp on it dated June 14th in the Action block.
Right after the oath I asked the director of our field office of USCIS very nicely if he would give a huge favor and have someone get a copy of my birth certificate out of my A-File ( I had lost my birth certificate ), so I can file a petition for my mother the same day and amazingly he was nice enough to have that taken care of. A copy of the birth certificate is required to file for your parents along with the Naturalization Certificate.
For most people here they usually run to apply for their US passports, I ran and filed for pet ion for my mom. Oath was scheduled for 9:30 and we were done by 11:30 and it took them about another 45 min to give me the copy of my birth certificate and by three I had already filed for my mother, not really keen for the Passport so that can wait.
Do not waste anytime writing letters here and there I won't get the results, instead you will get the standard pre printed responses from them, only thing that is going to have your file moved with the FBI is filing 1447(b)...... Goodluck, I got it all done within 35 days of filing and I filed right after 120 days. These suckers they know they are breaking the law by not adjudicating the N400 in 120 days, what they did after I files 1447, the expedite request for name check they could have done it right after 90 days of the interview so they can have it back before 120 days but no it cost them money to expedite so they will sleep on it. There should be a system where after 90 days of the interview they can automatically expedite the name check with FBI and charge the applicant for it, I would have Gladly paid them the $350 that I paid for filing the 1447 with district court plus the mailing costs and still would have saved countless hour of reading thru this forum to prepare my lawsuit to expedite the name check. The only thing I feel sad about is that I cut through the line of about 330,000 people stuck in the name check that were ahead of me and I expedited mine by filing 1447. And many of these people don't even know that they have the law on their side and they can sue the government.
Think of it like this they are breaking the law by not adjudicating the app in 120 days and you are giving them a break..... But if you break the law will they give you a break?
I don't think so.
I will be honest I was bit hesitant to the point when I was getting ready to file with the Court clerk and co-incidentally a gentlemen came to withdraw his case. He was from Somalia and you guys will not believe that after how many years of his interview he filed 1447, take a wild guess ....... 9 years he was interviewed in 2001, I could have never believed if I haven't met him myself and after nine years he found out about 1447 and he got it done. I have heard 4 or five years top but 9 years for a namecheck clearance.... Gimme a break..... That guy really truly was the Namecheckvictim not me.
 
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namecheckvictim,
Thanks a lot for your response. You are right, many ppl are not aware of all this.
You talked about Pacer, is there a way I can track my case online? Its been one month since its filed.
 
Gcdetails.

You can register with Pacer first and they will email you the login info for you, reading thru this forum people in Baltimore filing 1447 usually got a unfriendly AUSA and took a bit longer than other courts, but rest assured you will get it done guaranteed. 1447 cases are a slam dunk, worst for Baltimore that I have seen is about six months with the AUSA requesting 60 days extensions, also you indicated N-400 with a name change so now the FBI have to do two namechecks instead of one. Did you ended up hiring a attorney or you are doing it yourself? Remember 60 days start from the day US Attorneys office is served. In my experience the local USCIS office requested the expedited name check the very next day they were served and by the time the US Attorneys office had assigned my case to a AUSA and he could start using his/her contacts to resolve the issue, the local USCIS sent him the N-400 approval on his first initial contact with them. I was supposed to serve all the papers to the US Attorneys office right after I mailed the summons to all the Defendants but didn't do it until after two weeks of sending the summons to defendants by certified mail due to lack of info ( US Atty office was served on June 2, 2010 ) . But since the Local USCIS office was served on May 20, 2010 they had the ball rolling immediately. Goodluck.
 
Gcdetails.

You can register with Pacer first and they will email you the login info for you, reading thru this forum people in Baltimore filing 1447 usually got a unfriendly AUSA and took a bit longer than other courts, but rest assured you will get it done guaranteed. 1447 cases are a slam dunk, worst for Baltimore that I have seen is about six months with the AUSA requesting 60 days extensions, also you indicated N-400 with a name change so now the FBI have to do two namechecks instead of one. Did you ended up hiring a attorney or you are doing it yourself? Remember 60 days start from the day US Attorneys office is served. In my experience the local USCIS office requested the expedited name check the very next day they were served and by the time the US Attorneys office had assigned my case to a AUSA and he could start using his/her contacts to resolve the issue, the local USCIS sent him the N-400 approval on his first initial contact with them. I was supposed to serve all the papers to the US Attorneys office right after I mailed the summons to all the Defendants but didn't do it until after two weeks of sending the summons to defendants by certified mail due to lack of info ( US Atty office was served on June 2, 2010 ) . But since the Local USCIS office was served on May 20, 2010 they had the ball rolling immediately. Goodluck.

FBI doesn't run name checks on the name that you want your name changed to.
 
VORPAL.

Seems like you know better than the USCIS's DAO that conducted my N-400 interview, during the interview I asked I wish to change my name which I hadn't asked for initially when I filed my N-400 and he informed me that my namecheck has not been cleared and it is requested by them thru the FBI after I filed my N-400 and if I am going to ask for a name change now, I certainly can do it but they have to send in a new request with both names, I asked why and he told me it was a standard procedure as they don't know if I was using that name before in my home country, I guess they just don't want to take your word for it and run it anyway.
 
Guys,
Yesterday was one of the happiest day for me. Both of us are recommended for approval. I called and found out by the 2nd level officer. The representative was creating a service request and had no clue, it seems they never have access to the details.
My sincere thanks for everyone in the forum, especially for those who take time even after completing their citizenship journey to help others.
After sending so many mails/phone calls to Congressmen, Senator, FBI, Ombudsman, District Dir etc - it didn't help.
Last 6 months were crazy for me.

My recommendations to everyone:
File lawsuit 1447b if your case is delayed
Try speaking with a 2nd level officer

Good luck to everyone!!
 
VORPAL.

Seems like you know better than the USCIS's DAO that conducted my N-400 interview, during the interview I asked I wish to change my name which I hadn't asked for initially when I filed my N-400 and he informed me that my namecheck has not been cleared and it is requested by them thru the FBI after I filed my N-400 and if I am going to ask for a name change now, I certainly can do it but they have to send in a new request with both names, I asked why and he told me it was a standard procedure as they don't know if I was using that name before in my home country, I guess they just don't want to take your word for it and run it anyway.

Seems to me like your IO was seriously confused. Wouldn't your birth certificate prove what name you used in your home country?

After completing my naturalization (I changed my last name, by the way), I requested my entire A-file by filing a FOIA request with the USCIS. One of the forms in the file was the name check result. The only names that were checked were my legal name and an alternate spelling of my last name, which I indicated in the "Other Names Used" section of the N-400. My new name was not checked. After all, let's say an applicant wants to change his name to Ted Kaczynski (the Unabomber) or Osama bin Laden. If the FBI ran a check on those names, obviously they would generate hits. Then what would the USCIS do? Not allow the applicant to take the name? I highly doubt it.
 
Lazycis/Vorpal and all seniors,

It is more than 90 days since self and spouse were interviewed. Infopass and contacting congressperson is of no effect. We will be filing 1447(b) law suit on completion of 122 days. My question is it necessary for us to file individual cases or file one single case both of us being plaintiff and all usual defendants. We can save filing charges. Your opinion/advise please. Is it legally correct to file joint 1447(b) suit?????
 
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Hi guys, I need help on researching case. The case number is 04-1535, appeal court on 3rd circuit, last name: Tan, first name: Tjipto. I need to get the court order showing the final judgment. When I tried to search on PACER, I only able to get to this page (see attached)
 
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Hello how r u ?
Please help me , if u guys know something about my case .
I had filed Form I-485 Adjustment of Status ,I came USA by K1
It had been over 27 months since we had submitted the Form, and over 17 months from our interview.The last inforpass , they told me supervisor review , i don't know what does it mean? , how long will i wait more ? Please help !
 
Hello how r u ?
Please help me , if u guys know something about my case .
I had filed Form I-485 Adjustment of Status ,I came USA by K1
It had been over 27 months since we had submitted the Form, and over 17 months from our interview.The last inforpass , they told me supervisor review , i don't know what does it mean? , how long will i wait more ? Please help !

Please approach your Congress person's office for help. Normally you get a reply within 10 days. If not successful, only remedy is to file a suit. You need immigration attorney's help. Sorry it is going to be costly. Recently i came across a case filed in Chicago where an individual has waited for 12 years for GC and no action by USCIS
 
Thanks Madh4
Normally , my case is not name check or back ground check by the FBI , Why does my case take so long and review by supervisor ?When i sent the to Congressman , they said supervisor is reviewing and can not do anything .I also send those letters to the Senator and Ombudsman , first Lady almost 1 month already , and still waiting their respond .
 
Hi , how are u ? i got a letter from The USCIS Ombudsman had assigned a workflow number to my case with a note to get an answer within 45 days. Is that a good sign or what is that mean?
 
DHS Ombudsman

I got the same response whichi filed Dec 2009. After i received letter from USCIS, Still pending with Background checks. I gave personal interview with them On Feb 5 2008 as well.
Anybody suggest to go WOM with myself or Via Attoreny. If i choose attorney, how much is going to cost and who is the best attorney ( I live in detroit).
 
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