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

SergeyR said:
I underestimated Monday. So I hope to visit DC tomorrow on Tuesday.

And my current lease ends in 2 months. I was thinking to move close to work. I heard that if you move while your case is pending it may delay everything. Now I have to stick to my current home. Why should I do this? Just because USCIS couldn't make their decision.

nickoxx, do you have any news or replies from AG of Illinois? I see that Feb 4 is really around the corner.
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Well, the AG's office in Illinois prepared draft of remand back to the USCIS. This is the BS, since the judge can remand after the actual hearing/conference. And it looks like they've cited that under 1447b the court has "the authority to remand the matter to the agency with proper instructions". Here's the full text of "Agreed Defendant's Motion to Remand":

The federal defendants move for a remand to United States Citizenship and Immigration
Services (USCIS) of plaintiff’s naturalization application which is the subject of the complaint
filed in the above-captioned case so that USCIS may render a decision on the application within
the next 14 days. Under 8 U.S.C. 1447(b), the district court has the authority to remand the
matter to the agency "with appropriate instructions" The agency is in the process of completing
its investigation and review of plaintiff’s application and is prepared to issue a decision on the
application. As the agency entrusted with adjudicating naturalization applications, USCIS has
expertise in resolving these issues and it makes sense to remand it to the agency in order to take
action. Plaintiff will not be prejudiced in any way since she has administrative and judicial 2
remedies available to her if the decision is unfavorable and she wishes to challenge the decision.
ACCORDINGLY, the Defendants respectfully request that plaintiff’s application for
naturalization be remanded to USCIS so that the agency can issue a decision on the application
within 14 days of the entry of this order.
Sounds like BS.

Another doc called "Order to Remand" by the Judge:

Plaintiff’s application for naturalization is remanded to United States Citizenship and
Immigration Services (USCIS). USCIS is instructed to issue a decision on plaintiff’s
naturalization application within 14 days. The case may be reinstated within 30 days of this order
if USCIS does not act on the application within 14 days of this order. Each party shall bear its
own costs and fees. Civil case terminated.

This doc really pissed me off! Indeed!

Initially she (the AG' assistant) asked for 30 days extension from us, now she's asking for the remand. Well, based on the phone call, we have these 2 options, and based on my research on this forum, 30 day extension is OK and normal, but AG needs to state something in this motion for extension like " with the USCIS commitment to adjudicate Plaintiff's application etc."

I'm glad that she sent these drafts, that way she disclosed the real intentions from USCIS to continue the BS.
Now, to prevent AG from remanding, we need to to file motion to oppose the motion to remand (I've learned that from this forum as well, dude you can't believe that I went through over 100 pages of posts on this forum: first 20 and starting from 800!). But first, I'll talk to this lady and deny the remand, instead asking for extension.

Well, the show has started and more fun to come. So far I'm comfortable with myself in terms of court preparation and dealing with this crap.
What's also funny: over the phone she told one thing, but the papers say quite different.
 
nickoxx

Hmm.. I see this: ACCORDINGLY, the Defendants respectfully request that plaintiff’s application for naturalization be remanded to USCIS so that the agency can issue a decision on the application within 14 days of the entry of this order.

That paragraph tells that "they (defendants) want case back to USCIS and USCIS can issue a decision within 14 day". The only problem I see there is word "can" which is not equal to "must".

And of course another sentence: The case may be reinstated within 30 days of this order if USCIS does not act on the application within 14 days of this order

That sentence tells you that decision may not be completed withing 30 days.

Probably this language is used because everybody knows that USCIS is government agency and since it's a government they can't guarantee any time frame.

And I wonder what does it mean "case may be reinstated within 30 days"? Does that mean you will have to pay another $400 (or so) court fee?

I don't understand why they didn't offer you to answer their proposal. Maybe it's because "... court has the authority to remand the matter...". That's what they probably did.

So if I understand all that correctly then my guess is there is no big reason to worry. They simply want case back to USCIS and they will try to make decision within 14 days. If they fail you will have to reinstate the case. I guess judge won't easily do the same again and remand case back to them without a written guarantee they will make decision.

Correct me if I'm wrong.
 
SergeyR said:
nickoxx

Hmm.. I see this: ACCORDINGLY, the Defendants respectfully request that plaintiff’s application for naturalization be remanded to USCIS so that the agency can issue a decision on the application within 14 days of the entry of this order.

That paragraph tells that "they (defendants) want case back to USCIS and USCIS can issue a decision within 14 day". The only problem I see there is word "can" which is not equal to "must".

And of course another sentence: The case may be reinstated within 30 days of this order if USCIS does not act on the application within 14 days of this order

That sentence tells you that decision may not be completed withing 30 days.

Probably this language is used because everybody knows that USCIS is government agency and since it's a government they can't guarantee any time frame.

And I wonder what does it mean "case may be reinstated within 30 days"? Does that mean you will have to pay another $400 (or so) court fee?

I don't understand why they didn't offer you to answer their proposal. Maybe it's because "... court has the authority to remand the matter...". That's what they probably did.

So if I understand all that correctly then my guess is there is no big reason to worry. They simply want case back to USCIS and they will try to make decision within 14 days. If they fail you will have to reinstate the case. I guess judge won't easily do the same again and remand case back to them without a written guarantee they will make decision.

Correct me if I'm wrong.
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Well, this is my question too: how can the case be re-instated if the last sentence says: "Civil case terminated".
They do wait for my wife's approval on remanding it back to the USCIS.

I've already asked that AG's rep to send me 30-day extension draft, so I can take a look at.
Based on this forum's info it's better do 30-day extension, I just don't like the wording for the remand.

Also, if they do file motion to remand without our approval (which I doubt it, based on the tone of my conversation with AG's rep), we're gonna file motion to oppose their motion. Like I said, I'm fine with the 30-day extension (judge would have done this too).

Another thing that again pisses me off: why do they need 30 days for the decision to be made? Haven't they had enough time prior? What's the purpose of the 2nd interview, if they can't come out with the final decision on the same? I'm fed up with this lazy facility.
 
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nickoxx

I hope it's just a language they use and nothing more.

I'd call DC to check how to reinstate the case if defendants (USCIS) didn't act on the application within 14 days.

BTW, did you decide whether to do that interview on Feb 4th?

I don't know anything about 30-day extension, but for me it sounds like if they want to make a decision they don't need 30 days. They can do it within 14 days (as mentioned above). It's not a scientific research may takes years. It's not that. It's just make a decision based on a set of facts and requirements.
 
hello guys , i am in need of advice here. i did apply for my naturalization march 3 2015, did my interview on the 13th of july 2015, at Dallas ,ever since i have not heard any information on my application, infact a decision has not been made... its like 1 year of filling and 8 months after interview,
i have been to the Dallas office 6 times(info pass), made several service requests , only get response that the application is in process, i know of the 120 days rule, i am thinking of filling a suit at the district court here in Dallas, how do i go about it
thanks
 
SergeyR said:
I just made a service request. I called USCIS (https://www.usa.gov/federal-agencies/u-s-citizenship-and-immigration-services) and they made a service request for me. They told me to wait 15-30 day and if I don't get a reply by that time they advised me to call back. But what I think - it won't stop me from filing my complaint. I just don't want to wait here, wait there etc.
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Dude, I've done those f***ing service requests, same result as INFOPASS. Don't waste your time!
 
nickoxx

I see, thank you. BTW I'm currently revising mailing addresses. What I see here is USCIS Director, Deputy Director and Chief Counsel have same address. Now that address ends in 2260. I Googled that address and I see that 2260 is actually a "MS 2260" which means mail slot 2260. I also see that MS 2260 corresponds to a full zip code 20529-2260.

In your example I see that you used this address:

111 Massachusetts Ave NW 2260 Washington, D.C. 20529-2098

I can't find such address in Google. So I guess that maybe the full zip should be 20529-2060 instead of 20529-2089. Anyway since it's a mail slot then it means... it's just a mail slot. I guess they should forward that mail to appropriate people.

Man, please keep us updated on Feb 4th. I hope they will tell you YES and approve your case.
 
SergeyR said:
nickoxx

I hope it's just a language they use and nothing more.

I'd call DC to check how to reinstate the case if defendants (USCIS) didn't act on the application within 14 days.

BTW, did you decide whether to do that interview on Feb 4th?

I don't know anything about 30-day extension, but for me it sounds like if they want to make a decision they don't need 30 days. They can do it within 14 days (as mentioned above). It's not a scientific research may takes years. It's not that. It's just make a decision based on a set of facts and requirements.
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Alright. I've called the AG's rep, trying to decode their wording, spent 15 min, and still didn't get convinced, because if the civil case is terminated, how come it can be re-instated? She kept on telling "well, this is how it's worded and bla-bla-bla." It again made me kinda suspicious.

We both agreed, since the interview is coming on 2/4, we'll just start from that point.
Another thing (and to me again BS), the USCIS won't be able to tell us the outcome, although it'd be ready. So, we should dismiss/remand etc.
Come on, USCIS/AG. People here, on forum, report Oaths done and after that they dismiss the case. I have the feeling that we got bad paralegal, which is assisting assistant of Attorney General in IL. This lady barely knows what she's talking about, because the info here, on forum, tells about the opposite. What a crap!
 
SergeyR said:
nickoxx

I see, thank you. BTW I'm currently revising mailing addresses. What I see here is USCIS Director, Deputy Director and Chief Counsel have same address. Now that address ends in 2260. I Googled that address and I see that 2260 is actually a "MS 2260" which means mail slot 2260. I also see that MS 2260 corresponds to a full zip code 20529-2260.

In your example I see that you used this address:

111 Massachusetts Ave NW 2260 Washington, D.C. 20529-2098

I can't find such address in Google. So I guess that maybe the full zip should be 20529-2060 instead of 20529-2089. Anyway since it's a mail slot then it means... it's just a mail slot. I guess they should forward that mail to appropriate people.

Man, please keep us updated on Feb 4th. I hope they will tell you YES and approve your case.
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Dude, all my defendants got served, so just use what I gave you. You'll have more stress in the future (while dealing with the court/USCIS), so just leave that alone.
 
Also, I've called the DC, and lady wasn't able to explain as well how the case will be re-instated once it's terminated.
You know what? All this crap makes me more confident in myself, I know how to talk, agree/disagree and I'm glad that searched through this forum, that way the AG won't be able to 100% BS on me.
 
Ok. Now can you dismiss that remand? Technically. I mean since DC already dismissed case can you dismiss that remand?
 
SergeyR said:
Ok. Now can you dismiss that remand? Technically. I mean since DC already dismissed case can you dismiss that remand?
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Well, the AG just sent me a draft, buddy.
I've "sent a message" (while talking to AG's rep), that no actions would be applied until the interview is done or even later. She sucked it up, since, she probably realized that I'm not a regular Joe from the street.
Also, it looks like that paralegal, who assisting assistant AUSA in IL, has no clue what is she talking about. I gave her couple examples (from this forum) when people would have their Oaths done and then (and only then) they would dismiss the case. She didn't get this and kept on "reading" the script by saying the USCIS will have to re-take the jurisdiction. I think, she's pretty much incompetent.

I'm gonna do 30 day extension afterwards and will see how that interview goes and what USCIS tells and they should (based on people's experience from this forum).
 
nickoxx

I just got an idea. Why expect AG rep to send you a draft? Maybe it's better to prepare a draft by yourself and send it to AG rep and they can use it as like they created it? Really if she doesn't know that topic then maybe it's better to prepare a draft for her.
 
I recommend emailing the attorney, so that an email reply would be on record as stating that your case can be reinstated. A phone conversation cannot be used as evidence of, say, the attorney misleading you.
 
cafeconleche said:
I recommend emailing the attorney, so that an email reply would be on record as stating that your case can be reinstated. A phone conversation cannot be used as evidence of, say, the attorney misleading you.
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Well, at this point I'm not replying back yet. Will see how the interview goes.

By the way, cafeconleche. I've see other older posts (2008-2014) on this forum and people were dismissing cases after/on date of the Oath and their defendants' attorneys were OK with that.

In my case, this lady keeps crying they can't do it until we dismiss/remand the case. So, where's the truth? How did you do with your 1447b?
 
Well, in my case my attorney said my case was approvable, but they wanted to iron out a couple of details so they wanted me to go to an interview. For that to happen, the case had to be remanded to CIS, and after he assured me it was standard practice, we jointly agreed to do that with the stipulation that after 30 days, it could go back to the court (if I remember correctly...). But, we were mostly emailing each other, so I was glad to have a record of this in case I wanted to claim I was lied to in future.
 
SergeyR said:
nickoxx,

How did it go today?
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So, we went to the interview. I told the security it's like f***ing airport: unshoe yourself, take the belt off etc.
Then, when we went to the 3rd fl. and were asked for the attorney. I replied back: "I'm an attorney for my wife:D" and we were directed to take a sit and wait.
Then the lady came out and named my wife's last name, we both stood up, but she took my wife first. "Crap", I thought. I was ready for this case scenario, but still was hoping for 2 vs officer interview. Well, the only thing I was concerned was: what was my wife's favorite color:p, seriously. Other then that, screw it, I was ready to talk with the officer the way I planned.

Then my wife comes out, officer grabs me, I made the Oath to speak only the truth. Basically, she asked:
1. How we met (in details), which I fired back, well it's been 10 years over, so how I'm supposed to remember all the details? Just met at the party, started dancing, talking and dating. And then I've realized this is the person I've been looking for and etc., etc.
2. She was asking about some facts regarding our marriage: residence, if ever lived separately, where we stayed once she arrived into the US etc. But no colors, habits and all that crap :cool:
3. My wife kinda screwed 1 date: when she was interview for I-130: that was in December 2011, but she told November, but we both answered correctly the place it was held at: Montreal, Canada.
4. Unfortunately we had 2 miscarriages: one in 2006 and in 2014, but when I was asked by the officer about the miscarriage, I've asked in return: Which one? I don't think since my wife didn't disclose the 1st one, that is the problem: it was not in the N-400 list, and this is too private and painful at the same time, so it was up to my wife either way.
5. After some time spent, she went back for my wife, explained the next steps, apologized for the long delay (indeed!), mentioned how well our complaint was written and how she was impressed with the doc language, my wife gave me kudos for that, officer liked that and said may be I should focus on that direction.

Overall, the interview went pretty good, and it looks like we're finally approved for the Oath, based on the conversation and how the officer answered my couple questions.

So, I hope it's over. Now I need to deal with defendants' attorney and agree to either remand or 30 day extension. I'm fine with the remand, but I'll ask the AG's rep to exclude the last sentence about case being terminated. If she agrees to that - perfect, if not, I'll do the 30 day extension or wait for the hearing. Screw that!

To cafeconcleche: what do you think: 30 day extension or remand (without the last sentence)? See my previous post. Thank you.
 
nickoxx

Yeeah! Congratz man! I hope it's really over now!

leo.jpg


Now I have to file my own complaint get it done too!
 
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