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

[SergeyR]

Man, it sucks. I can't believe the DA' office in your case is so f***ing not cooperative, least to say. I thought, your 2nd interview would bottom-line everything, and you'd get the Oath letter.

Maybe it's not that bad...

I went to District Court (DC) today to file my 2 page opposition to defendant's motion to remand.

There I learned that when I file something I have to create an extra page which tells DC that I will serve defendants (i.e. by hand, mail etc) with a copy of my opposition. They gave me a template, paper and pen and I created that page.

Then I decided to serve Assistant US Attorney (AUSA) by "hand". Fortunately they were within 5 minutes driving from DC. Life is not easy when you can't find parking space. Had to return to DC, parked there and went to AUSA. Finally I met AUSA. I showed her a stamped copy of my opposition, then we had a conversation in a conference room. I explained my concerns regarding their motion. I told her that I don't mind to remand the case to USCIS, but I'm not sure they (USCIS) will make their final decision on my application within 30 days and if they don't then I don't want to repeat filing a complaint again. Then she went to make a phone call to USCIS lawyer (or whatever) and returned with a draft of a stipulation. I agreed to it and we both signed it. She told me that hopefully judge will make an Order in the beginning of next week. After that I will have to wait for USCIS decision within 30 days. She also mentioned that they (USCIS) want to move this case.

I don't have that document with me right now, but it said that in case they (USCIS) don't make a decision within 30 days I will be able to file a complaint to DC at no additional filing cost. I will write exactly what is written there tomorrow when I get back to the office.

I already received an email notification that Stipulation (it's how they called that document) was e-filed today.

Now some of my thoughts. I don't know if I had to do it this way (I mean file an opposition), but if she told me the truth about "USCIS want to move this case" then it seems filing a complaint was a right decision. It seems they don't want to have another complaint filed against them. Maybe each filed complained does some sort of damage to them too. If an applicant just waits it's OK for them. But when applicant files a complaint it's another story. So if that is true then guys don't wait indefinitely till they process your application - file your complaints immediately after 120 since your initial naturalization interview where you received form N-652 with "decision cannot yet be made...".

Now I'll put myself into a waiting mode. I'm going to make a quick inquiry about status of my complaint on Tuesday and if Order was already issued.

BTW, today I learned that after defendants filed a motion to remand on April 15th I could submit any objection to the DC till May 2. And today their motion to remand was still pending. So I guess remanding case back to USCIS may technically take a while, but not just 1-2 days. In my case judge could issue an Order on or even after May 2 which is 2 weeks after motion to remand was filed.

I'll post the Stipulation here tomorrow and then will get back here on Tuesday.

 

[SergeyR]

Here is that Stipulation I signed on Friday when visited Assistant US Attorney:

The parties, through the undersigned, hereby stipulate and agree, subject to the approval of the Court, that:

1) The Plaintiff agrees to the remand of this action to the USCIS, notwithstanding his Opposition to Defendant's Motion to Remand, served and filed on April 22, 2016;
2) The USCIS agrees to use its best efforts to issue a final response to Plaintiff's Application for Naturalization (Application) within thirty (30) days of the Court's Order of Remand;
3) The defense agrees, subject to the Court's approval, that if the USCIS fails to issue a final response to Plaintiff's Application within 30 days, Plaintiff may file an Amended Complaint with the Court, without incurring new filing fees.

 

[nickoxx]

Here is that Stipulation I signed on Friday when visited Assistant US Attorney:

The parties, through the undersigned, hereby stipulate and agree, subject to the approval of the Court, that:

1) The Plaintiff agrees to the remand of this action to the USCIS, notwithstanding his Opposition to Defendant's Motion to Remand, served and filed on April 22, 2016;
2) The USCIS agrees to use its best efforts to issue a final response to Plaintiff's Application for Naturalization (Application) within thirty (30) days of the Court's Order of Remand;
3) The defense agrees, subject to the Court's approval, that if the USCIS fails to issue a final response to Plaintiff's Application within 30 days, Plaintiff may file an Amended Complaint with the Court, without incurring new filing fees.

Looks good to me. Now judge needs to sign this Order.

 

[SergeyR]

Just got email notification that case was dismissed and Judge issued the Order today.

I don't know if I'll get it my mail. Let's see.

No I hope USCIS will get that Order soon and will act without any delays.

 

[baolocdo]

Updates on my case: We e-filed and the Judge got assigned but request to summons got returned 3 times because "The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write 'see attached'" I am so upset at how they are working. My lawyer called the clerk several times to ask how to do it correctly and each time we changed as they instructed, they gave different reasons to reject. My case has been delayed because of the damn caption.

 

[baolocdo]

We finally got 21 day summons. The number looks oddly short compared to most 60 day summons that I saw. Does anyone have such a short time summon? Is it a good sign or bad sign?

 

[SergeyR]

Yesteday got a standard notification that Assistant US Attorney filed a Stipulation. It was served by them. It was sent before Judge issued his Order.

I don't know if I should receive anything from the court or not.

Just looked up my case on USCIS website. It still says that on March 23 my (second) interview was scheduled.

All that means I need to be patient now and don't become this lady:

 

[SergeyR]

Today received Order signed by judge. Literally the same "Stipulation" that I signed on Fri, but signed by judge. It's dated 4/26. I can technically start counting 30 days starting on that date. At this moment case status on USCIS.com is the same "On March 23, 2016, we scheduled an interview for your Form N-400, Application for Naturalization , Receipt Number....".

[waiting mode = ON]

 

[baolocdo]

Today received Order signed by judge. Literally the same "Stipulation" that I signed on Fri, but signed by judge. It's dated 4/26. I can technically start counting 30 days starting on that date. At this moment case status on USCIS.com is the same "On March 23, 2016, we scheduled an interview for your Form N-400, Application for Naturalization , Receipt Number....".

[waiting mode = ON]

SergeyR, on your second interview, did they ask you any more questions? Why did they need a second interview?

 

[SergeyR]

SergeyR, on your second interview, did they ask you any more questions? Why did they need a second interview?

Yes, they did. They asked me to bring tax returns for last 5 years, bring proof that I'm living in the current address and disposition from the court regarding traffic ticket. I did it. Officer quickly run through it then asked me a bunch of standard questions 80+% of those they asked me before.

During initial interview officer mentioned he will send me an RFE to provide that documents. He never did. If he did maybe everything could be much more faster.

But again I believe that filing a complaint with a district court was the best option for me. The other option - was to wait till they remember my case. Some people waiting more than a year...

 

[baolocdo]

Yes, they did. They asked me to bring tax returns for last 5 years, bring proof that I'm living in the current address and disposition from the court regarding traffic ticket. I did it. Officer quickly run through it then asked me a bunch of standard questions 80+% of those they asked me before.

During initial interview officer mentioned he will send me an RFE to provide that documents. He never did. If he did maybe everything could be much more faster.

But again I believe that filing a complaint with a district court was the best option for me. The other option - was to wait till they remember my case. Some people waiting more than a year...

That's strange that they repeated the questions. They might just throw away your answers after the first interview! Anyway, you did move your case faster and I wish you best of luck in the next few weeks. Please keep us posted.

 

[SergeyR]

That's strange that they repeated the questions. They might just throw away your answers after the first interview! Anyway, you did move your case faster and I wish you best of luck in the next few weeks. Please keep us posted.

Thank you! I will. I will definitely update on my case as soon as things move further.

 

[man28412841]

Hello community!

Time has come for me also for filling a lawsuit....
After find this topic ....i was very wondering about doing that (lawsuit) ,but thanks to Publicus (thanks man!) who show us the way ...but also other people here and their experience , reading this forum ,I decided to go thru .....
so here is my timeline:
interview 02/10/15 (decision can not be made at this time)
1 infopass 08/13/15 (they dont know whats going on)
2 infopass 10/14/15 ( the same)
call 1800 11/19/15 ( finally i got response that security checks pending)
contacted ombudsman 01/26/16
contacted congressman 02/01/16
on 03/09/16 response from congressma pending security checks bla bla bla .................i got so frustrated ..........
after this response i was start to thinking about court .....so
on tuesday 04/02 i filled case with eastern district court in broklyn,ny ,couse im living in queens and that is my jurisdiction...l
after filling complaint with backround about my case with exhibits (infopasses,1800,ombudsman,congressman letter, etc) i got summons from court (btw. court clerk was very friendly, he filed civil sheet by himself,gave me adress to USDA ) then i was going to post office and sent the summons ( secretary DHS,director USCIS ,FBI,Attorney General ,and USDA ) so today USDA supposed to got interesting letter and rest of them on friday ,so
let the game begin.....

 

[man28412841]

of course everything is about n400

 

[baolocdo]

Hello community!

Time has come for me also for filling a lawsuit....
After find this topic ....i was very wondering about doing that (lawsuit) ,but thanks to Publicus (thanks man!) who show us the way ...but also other people here and their experience , reading this forum ,I decided to go thru .....
so here is my timeline:
interview 02/10/15 (decision can not be made at this time)
1 infopass 08/13/15 (they dont know whats going on)
2 infopass 10/14/15 ( the same)
call 1800 11/19/15 ( finally i got response that security checks pending)
contacted ombudsman 01/26/16
contacted congressman 02/01/16
on 03/09/16 response from congressma pending security checks bla bla bla .................i got so frustrated ..........
after this response i was start to thinking about court .....so
on tuesday 04/02 i filled case with eastern district court in broklyn,ny ,couse im living in queens and that is my jurisdiction...l
after filling complaint with backround about my case with exhibits (infopasses,1800,ombudsman,congressman letter, etc) i got summons from court (btw. court clerk was very friendly, he filed civil sheet by himself,gave me adress to USDA ) then i was going to post office and sent the summons ( secretary DHS,director USCIS ,FBI,Attorney General ,and USDA ) so today USDA supposed to got interesting letter and rest of them on friday ,so
let the game begin.....

Good luck on your case! Please let us know what will happen too.
For my case, we sent out the summons 2 days ago and hopefully they receive by Friday.

 

[SergeyR]

2 days ago on 5/3/2016 I refreshed the N400 status web page and it showed me this - see pic. Haven't received letter yet, but I find that "June 2nd" date a bit funny, because it's almost a month from 5/3.

#chasingdream

 

[baolocdo]

2 days ago on 5/3/2016 I refreshed the N400 status web page and it showed me this - see pic. Haven't received letter yet, but I find that "June 2nd" date a bit funny, because it's almost a month from 5/3.

#chasingdream

Even though it looks wrong, it seems like a good sign! Let's keep our hope high!

 

[SergeyR]

Just received letter from USCIS.

It's Form N-445 - Notice of Naturalization Oath Ceremony. Looks like a copy and on the bottom there are page numbers, but they only sent me page 1 or 3 and page 2 of 3.

Anyway Naturalization Oath Ceremony is scheduled for next Friday which is Friday the 13th!

And they said - dress accordingly. Seriously?

 

[baolocdo]

Just received letter from USCIS.

It's Form N-445 - Notice of Naturalization Oath Ceremony. Looks like a copy and on the bottom there are page numbers, but they only sent me page 1 or 3 and page 2 of 3.

Anyway Naturalization Oath Ceremony is scheduled for next Friday which is Friday the 13th!

And they said - dress accordingly. Seriously?

Woohoo! Congrats on the good news! Finally it paid off, right?

 

[SergeyR]

Thanks man! I hope they won't cancel it. And I hope I'll survive till next Friday lol.