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

nickoxx

Man, you got balls to sue all that people lol! Just kidding. Thank you for info though!
I see now you have to work as a mailman for a while. Sending mail to all that people will require a lot of patience.

Now I'll have to figure out who are these guys in that CIS office where I had interview. I mean Philadelphia.

XXXXX, Director of Chicago District Office, US Citizenship and Immigration Services;
XXXXX, Chicago Field Office Director, US Citizenship and Immigration Services;
 
SergeyR said:
nickoxx

Man, you got balls to sue all that people lol! Just kidding. Thank you for info though!
I see now you have to work as a mailman for a while. Sending mail to all that people will require a lot of patience.

Now I'll have to figure out who are these guys in that CIS office where I had interview. I mean Philadelphia.

XXXXX, Director of Chicago District Office, US Citizenship and Immigration Services;
XXXXX, Chicago Field Office Director, US Citizenship and Immigration Services;
Click to expand...

Can't paste the link for you. Follow that: uscis.gov>about-us>find-uscis-office>field-offices>pennsylvania-philadelphia-field-office
 
nickoxx said:
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.
Click to expand...

So, nobody has any idea?
 
It seems the forum or this particular thread is rather dead than alive. Or more dead than alive. It's obvious considering the amount of messages from 2015.

I'd recommend to do anything possible just for a peace of mind. In the end you will be sure that you have done anything you could, instead of thinking that you could have done more.
 
Hi All, my N-400 case is pending with USCIS over 7 months, no interview call received. I am thinking to file a lawsuite against USCIS. Should I go for WOM (Writ of Mandamus) since I have not been given interview call?

Thanks.
 
SergeyR said:
It seems the forum or this particular thread is rather dead than alive. Or more dead than alive. It's obvious considering the amount of messages from 2015.

I'd recommend to do anything possible just for a peace of mind. In the end you will be sure that you have done anything you could, instead of thinking that you could have done more.
Click to expand...

Yeah, I'm gonna be as a copying/printing center tonight.
I'll grab all the paperwork (along with the complaint) with me for tomorrow. Only hoping that all the defendants won't need all that paper work, otherwise it's gonna be a nightmare (around 900 pages in total). I'll confirm that in court tomorrow.
I think, they only need the summon+complaint+exhibits and I'm not including that paperwork as exhibits.

Also, I'm not sure which date to put on N-400 copy: current or the one my wife signed with back in November 2014. What a mess USCIS creates!
 
hi
My N400 case with USCIS is pending more than 7 months. I am seriously thinking of filing 1447 b after the 120 days period starting from oct 8th where I had interview and decision couldnt be made. The interestng things is USCIS expedated my case couple of times and still the FBI name check is not complted. All I hear is FBI name check is pending..
 
jino raj xavier said:
hi
My N400 case with USCIS is pending more than 7 months. I am seriously thinking of filing 1447 b after the 120 days period starting from oct 8th where I had interview and decision couldnt be made. The interestng things is USCIS expedated my case couple of times and still the FBI name check is not complted. All I hear is FBI name check is pending..
Click to expand...

I thought USCIS does not schedule interview if name check is pending?
 
Guys I wonder how did you know that FBI didn't complete a name check after your interview?

My interview was in Aug 2015 and when I did several infopass appointments then they only told me that "an officer is still working on your case". They didn't provide me any exact details why that officer couldn't proceed further with my case.

I'm going to file for a hearing in the end of December or maybe a few days after New Year holiday.
 
You can ask a senator or congressperson to check for you. You can also try a FOIPA request for your FBI record, which will likely come up with a clean record. If you've a Muslim name, a name check could take a while, though.
 
cafeconleche said:
You can ask a senator or congressperson to check for you. You can also try a FOIPA request for your FBI record, which will likely come up with a clean record. If you've a Muslim name, a name check could take a while, though.
Click to expand...

Thank you. I'll try to contact my Senator today. I wonder how long it usually takes to get a reply?

I live in Delaware and I found an online form to contact my senator. I will send an email to senator Carper today then:

http://www.carper.senate.gov/public/index.cfm/email-senator-carper
 
USCIS takes too much time,mainly if they are waiting for fbi name check results. I asked IO and she told me my name check was pending. You can also file a DHS 7001 for obudsman ststing you are outside your processing time.
 
I'm curious if a person can pay FBI to expedite name check process? Or pay USCIS so they pay FBI then?

I wish the was an option "$50 - Expedited processing" and "$100 - 5 business days processing". I'm kidding, but I paid them (USCIS) $680 already. They could share some $ with FBI instead of waiting indefinitely.

And finally - when I went to another USCIS facility earlier this year to do fingerprints why didn't they start a name check process at that time?

Anyway those guys are super slow. Google should buy USCIS and teach them how to work fast and more effectively.
 
Step by step is available a few pages back in this thread. First things first - contact the clerk of the court in your area and ask them for the civil lawsuit packet for a pro se case.
 
I have found the website of US district court - Delaware district: http://www.ded.uscourts.gov/

I called them and they told me to download 2 forms:

1) JS 44 Civil Cover Sheet

http://www.ded.uscourts.gov/sites/default/files/forms/JS_044 Civil Cover Sheet.pdf

2) Pro Se Del General Complaint

http://www.ded.uscourts.gov/sites/default/files/forms/Pro Se Del General Complaint.Nov_.2014.pdf

Also they told me that I'll have to fill out that forms and either mail it to them with a check or just come in person and file it in the court. They charge $400 for opening a new case. It's a one time fee.

They told me after I receive a letter (summons?) from them I'll have to send it to all defendants and wait. They (district court) will notify me about any updates.

Now I need to find out how to fill out that forms.
 
Thanks alot cafeconleche and SergeyR for your input. I am just waiting for this 120 days to be over. After that i will check with the clerk in district court in Maryland.
Nowadays its seems very rare to be get stuck in name check (2%). Unfortunatley we belong to this category......
 
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