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

cafeconleche said:
Ah, so it was completed. So, why does the AUSA want to claim that the FBI need more time?
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The AUSA said that USCIS claims my security check need to
cafeconleche said:
Ah, so it was completed. So, why does the AUSA want to claim that the FBI need more time?
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the AUSA said that "USCIS will be in a position to issue its decision on my application only after the review is completed and any and all outstanding issues are resolved." USCIS said that they received a response from FBI.
so, this motion is about ask court defendant FBI should be dismissed for lack of jurisdiction. I think this mean my name check is finished. but maybe USCIS need to review my case and need more time I guess.
AUSA and USCIS both agree 120 days already expired. they still claim that they need more time.


this motion is really confuse, they said 1. they received all the security check result.(it means to me that FBI done their work, USCIS just need to review it) 2.they ask the court remand my case to USCIS to await completion of the required background and security checks.( since USCIS already said they received all the security check result, they had 6 months after my interview to review it and make decision.) 3. in this motion, AUSA said " Here, the 120 days within which USCIS had to issue a decision on my naturalization application expired on March 21, 2015, less than four months ago, and it has been less than a year since (my name) was interviewed in connection with his N-400 application.( they agreed with 120 days rule, but think that I didn't wait long enough).

I will be prepare my opposition this week and I will try my best to show the court how stupid their argument is.
 
zhongjian said:
The AUSA said that USCIS claims my security check need to


the AUSA said that "USCIS will be in a position to issue its decision on my application only after the review is completed and any and all outstanding issues are resolved." USCIS said that they received a response from FBI.
so, this motion is about ask court defendant FBI should be dismissed for lack of jurisdiction. I think this mean my name check is finished. but maybe USCIS need to review my case and need more time I guess.
AUSA and USCIS both agree 120 days already expired. they still claim that they need more time.


this motion is really confuse, they said 1. they received all the security check result.(it means to me that FBI done their work, USCIS just need to review it) 2.they ask the court remand my case to USCIS to await completion of the required background and security checks.( since USCIS already said they received all the security check result, they had 6 months after my interview to review it and make decision.) 3. in this motion, AUSA said " Here, the 120 days within which USCIS had to issue a decision on my naturalization application expired on March 21, 2015, less than four months ago, and it has been less than a year since (my name) was interviewed in connection with his N-400 application.( they agreed with 120 days rule, but think that I didn't wait long enough).

I will be prepare my opposition this week and I will try my best to show the court how stupid their argument is.
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Zhongjian - The background and security check they are referencing is not the FBI checks, which has been presumably completed. These BG and Security Checks has to do with review of your case file and/or any pending investigation undertaken by ICE or suspicion. Sounds scary, but it isn't. Can you tell me if yours was employment based or family based and if employment, then which EB category ? As Cafeconleche suggested - put in a time limit on any stipulation like 30 days max is good enough.
 
The problem with USCIS / DHS / ICE is that instead of tackling the border crisis, and keeping illegal immigrants out and which is a dead end, the officers receiving our dole would rather come after honest and hard working legal, law abiding, tax paying immigrants without criminal background/history.
 
zhongjian said:
Hi Jarek,

I use the sample here, and find some other example on internet. I went to the court office filed my 1447(b).

Are you Chinese? me too.
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Hi Zhongjian,

Yes I am Chinese. I am still waiting. When I prepare my 1447(b), I might ask more questions. It doesn't look like I will hear something soon. I guess I have to go with the same route as you did.

Jarek
 
STAY POSITIVE...STAY POSITIVE...STAY POSITIVE.....
Here is the update on my case:
I was asked to sign the stipulation and gave USCIS additional 60 days to adjudicate my case. As part of the stipulation, I needed to do second interview...
Stipulation was signed on June 15, I had my second interview on July 20, and today I received the call from USCIS that my case is APPROVED and Oath is scheduled for August 14....

Guys, I went through hell during last year.... I had the worst time of my life during last 60 days.... The only lesson I learned.... STAY POSITIVE....STAY POSITIVE..... STAY POSITIVE....IF YOU HAVE NOT DONE ANYTHING WRONG, YOUR CASE WILL GET APPROVED.....

I thought since I was doing second interview, my case will get denied...I thought since I signed the stipulation, my case will get denied.... it did NOT....
I ENCOURAGE YOU TO STAY POSITIVE....You can not imagine how upset I was during last several weeks.....
 
Congratulations NIW-WOM - I am glad it all worked out ! You did it, now you can relax. Enjoy your citizenship and vote for the right President to take office who can save this country from 20 trillion in debt by the time 2016 arrives. Also someone who will stop using our tax dollars to fund abortions, and benefits for illegals as well as rid this country of political correctness. Freedom of speech is a fundamental constitutional right that should be protected.
 
NIW-WOM said:
STAY POSITIVE...STAY POSITIVE...STAY POSITIVE.....
Here is the update on my case:
I was asked to sign the stipulation and gave USCIS additional 60 days to adjudicate my case. As part of the stipulation, I needed to do second interview...
Stipulation was signed on June 15, I had my second interview on July 20, and today I received the call from USCIS that my case is APPROVED and Oath is scheduled for August 14....

Guys, I went through hell during last year.... I had the worst time of my life during last 60 days.... The only lesson I learned.... STAY POSITIVE....STAY POSITIVE..... STAY POSITIVE....IF YOU HAVE NOT DONE ANYTHING WRONG, YOUR CASE WILL GET APPROVED.....

I thought since I was doing second interview, my case will get denied...I thought since I signed the stipulation, my case will get denied.... it did NOT....
I ENCOURAGE YOU TO STAY POSITIVE....You can not imagine how upset I was during last several weeks.....
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Congratulations NIW-WOM. I remembered your user name while I was preparing WOM for I-485 years ago. I cannot believe that you went through another WOM.
 
hi guys how are you?

I hope everyone A blessing day with full of happiness

My story :

I was detained on September 2009 by ice cause of the school in that time I was married to a US citizen woman, after 23 days I was reliesed by the judge and got my green card on October 2010

And on January 2014 I got my 10 years green card through VAWA .

Divorced too



Now I filled N400 two weeks ago based in 5 years term, after I sent the form I was doing some research I googled my full name I surprised by finding my infos in there including my previous phone number and address and stating that I was registered to vote, what ???? I don't even remember how did I get to register to vote and I know it's illegal to do so once I'm not citizen yet, I called the clerk office I asked them to see if my name exits, the lady told me yes your name on the registration voting but never voted . I immediately ran to the office and got my name removed plus got a paper signed by the supervised showing that never voted, and also canceled the registration, but I never went to browsed county Dmv to register maybe there is a mistake in there. This is my first time I knew I registered to vote that's why I didn't check yes for the question on the form ( have you ever registered to vote ?)

My interview still didn't put inline yet but my concer is should I explain to the IO THE circumstances and show her/him the proof that I deregister or leave like it is and never talk about it till they ask for it ?

Should I go back to the clerk office and claim that I never registered and never been at the broward county Dmv and registered ?


Please guys advice me .

Thank for reading this
 
Hi everyone!

I passed interview for naturalization in the end of August 2015. Just a bit over 2 months ago. Immediately after my interview I got a paper telling that "at this time we can not make a decision". On the bottom of that paper I see I can file for a hearing if they don't reply within 120 days. By the way my interview was held at USCIS office in Philadelphia, PA. I don't keep that paper with me, so I can't tell you the name of that document, but I guess it's pretty common document.

Now I'm going to do a follow up visit in the end of November. It will be 3 months since I passed interview. Then if they won't reply I'm going to visit them in the end of December. After that I think I will file for a hearing.

Some people say "just wait". But here is why I don't want to wait.

I know they have lots of pending cases. Different cases. Complicated cases. Etc. But I guess my case is pretty simple. I won a green card, moved to the United States about 5+ years ago and now I'm just waiting. First I thought it would be pretty fast since my fingerprint appointment and then interview appointment were scheduled without any real delays. But now I'm just waiting. Since my interview I visited that USCIS office about 3 or maybe 4 times. They can't telly why it takes the officer so long to make a decision.

When I first came there 3 weeks after my interview the supervisor told me "So it's just 3 weeks?". I couldn't believe what I heard. For me 3 weeks mean a lot. You can do tons of things within 3 weeks. You can launch a new startup within 3 weeks. You can start any project from scratch and make a visible progress within 3 weeks. But for them "it's just 3 weeks".

Now my recent appointment was about 2 weeks ago. Guess what I heard? "Oh, it's just 2 months. You know people wait for 6 months. People were waiting even before you had an interview.".

Sometimes I think they are living in a parallel universe where time has stopped or goes 5 times slower than here. You know you can do a lot within 2 months. If you want to do that. If you have a time frame. But if you don't have any time frame, if you don't have to rush and nobody cares whether you do it quickly or not then it's what we have here.

And one last thing - when I had an interview I thought the officer never read my forms before he met me. Maybe I'm wrong.

Anyway I hate when things don't move or move very slow. Such delay really makes me sad and it even demoralizes me too.

Thus if they won't reply in 120 days I don't want to wait indefinitely. That's why I'd opt for a hearing.
 
Hey, guys.

First of all, thanks to all of you for such a great forum and contributing to it!
My wife (married to US citizen) has a similar situation with overdue N-400: interview was successfully passed and recommended for the approvalon 5/04/15, no paperwork (bonafide papers etc.) was requested at the time of interview. Later on 6/04 USCIS realizes that they were missing initial evidence (so the question is; if everything was on 5/04, why did it become as a problem on 6/04?). Anyways, they received it on 6/25/15. Since then - limbo.

Couple INFOPASS appointments: waste of time, dealing with rude 1st fl. supervisor etc. Multiple phone calls to USCIS - same situation, no updates. Contacted local US rep Tammy Duckworth, received on 10/27 standard reply signed by local office director: "case under further review by an adjudicating officer...".

So, we're ready to file a suit under 1447(b). Complaint is ready (thanks to posted samples here.), so if nothing happens tomorrow, 11/9/15, we're going to stop by the District Court on 11/10 and let it go. I'm already fed up with this USCIS' handling my wife's case.

I'd like to clarify some things:

1. Do we need to submit a copy of N-400 (sent back in November 2014) along with the complaint?
2. Should we only submit the paperwork which was sent along with my wife's N-400 and brought to the interview? Do we need to include current bank statements/extra paperwork etc or the ones brought to the interview?
3. Do we need to submit the paperwork which was our response to the USCIS' RFE in June?

Item 3 kinda freaks me out: a lot of copying needed.
I'm personally leaning towards only items 1-2. So if the judge needs more info, I'll submit it.

Another question: once the judge sends us summons to be mailed to all defendants, do we need to send only summons+complain+exhibits (I'm only including as exhibits N-652, USPS' receipt of delivery confirmation and response from USCIS to my local US rep) or should we make a copy of each item in 1-3 and mail to each defendant? The latter would be a nightmare, especially if we would have to initially send item 3 along with our complaint to our District Court?

Or defendants only need summon+complaint+exhibits? And if they need extra info, they would refer to the judge (since he/she will have the initial file with submitted either items 1-2 or 1-3) or us?

Thank you and waiting for your inputs.
 
nickoxx,

Though I won't help (since I need help too), but please could you tell me who are the defendants in your case?
 
SergeyR said:
nickoxx,

Though I won't help (since I need help too), but please could you tell me who are the defendants in your case?
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There you go, Sergey. Are you from Chicago, by the way?


Plaintiff

vs.

Loretta Lynch, US Attorney General,
US Department of Justice;

Jeh Johnson, US Secretary of the Department of Homeland Security;

James Comey, Director of Federal Bureau of Investigation;

Leon Rodriguez, Director of US Citizenship and Immigration Services;

Lori Scialabba, Deputy Director of US Citizenship and Immigration Services;

Ur Mendoza Jaddou, Chief Counsel, US Citizenship and Immigration Services;

Thomas Cioppa, Director of Chicago District Office, US Citizenship and Immigration Services;

Martha Medina‑Maltes, Chicago Field Office Director, US Citizenship and Immigration Services;

Zachary T. Fardon, US Attorney for Northern District of Illinois
 
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