I started my law sue (WOM) for N-400 Today.

M

moody22

Registered Users (C)
I started my law sue Today.

The case is WOM for the pending N-400 application since June 2004.
My attorney is handling the case, since I don’t feel confident enough to do it my self, and it seems that recently the CIS is challenging the Pro se more than the past.
For those don’t know about my case, I was Deschadeuled twice, never get interviewed, and I found out that my name check was cleared in July 2004, but the bastards are claiming that the background security crap is still pending. I think this will be the first case for N-400 WOM without an interview, the 120 days rule doesn’t apply here. So it will be an open door for everybody in this same shitty situation.

My attorney will start by writing the actual complaint, send it to the bastards with a nice demand letter with a chance to get the case adjudicated within a month, or this complaint will be filed in the federal court. He loves my case, and asks me to allow him to publish it in the news since it’s a great evidence to show the laziness and incompetence of the bastards. He charged me $3500 and if we went to the trail, additional $3,000 will be due.

I’m leaving back to my country for a month next week, to get away from this stress, and leave the U.S. justice taking care of my case.

Any one get deschadeuled for more than year by now, go for the WOM now, things will get much worse if the new illegal immigrant’s law passes the senate by the end of this year.

Good luck to everybody.

Regards,

Moody
 
I wish you good luck man! My N-400 is pending since 4/27/06 and FP was 6/13/06. No interview appts at all. It might be that INS already got discouraged before even doing anything.

Hopefully you will get oath in a month. Keep us updated.
 
namedude,

what is your district office. My timeline is pretty much the same as yours and my district office is Cherry Hill but no interview news yet :(

moody22
All the best on your case!
 
Moody:

I wish you good luck. You should know we are all behind you and your case. We have to fight for it.

Jack

moody22 said:
I started my law sue Today.

The case is WOM for the pending N-400 application since June 2004.
My attorney is handling the case, since I don’t feel confident enough to do it my self, and it seems that recently the CIS is challenging the Pro se more than the past.
For those don’t know about my case, I was Deschadeuled twice, never get interviewed, and I found out that my name check was cleared in July 2004, but the bastards are claiming that the background security crap is still pending. I think this will be the first case for N-400 WOM without an interview, the 120 days rule doesn’t apply here. So it will be an open door for everybody in this same shitty situation.

My attorney will start by writing the actual complaint, send it to the bastards with a nice demand letter with a chance to get the case adjudicated within a month, or this complaint will be filed in the federal court. He loves my case, and asks me to allow him to publish it in the news since it’s a great evidence to show the laziness and incompetence of the bastards. He charged me $3500 and if we went to the trail, additional $3,000 will be due.

I’m leaving back to my country for a month next week, to get away from this stress, and leave the U.S. justice taking care of my case.

Any one get deschadeuled for more than year by now, go for the WOM now, things will get much worse if the new illegal immigrant’s law passes the senate by the end of this year.

Good luck to everybody.

Regards,

Moody
Click to expand...
 
My district is Seattle. I think INS somehow got discouraged. My only hope is that they say that 99% of the cases get completed in 6 months - so hopefully by Dec 2006 I will get interview notification.

But then again there is always a possibility that sthg disfunctional will happen.

Also my wife's H1B visa expired in 2007. So if I do not get citizenship I will be effectively kicked out of this country. The waiting time for spouse to get GC is I think 9 years for all countries or sthg disfunctional like that.

I am amazed that nobody talks about this and people accept such abuse in silence.
 
cajack said:
Moody:

I wish you good luck. You should know we are all behind you and your case. We have to fight for it.

Jack
Click to expand...

thanks Jack, and for everybody too.
If anybody is still hesitated, and has not file his law sue yet, please read this, it was posted by ICU before:


found this article on ILW

--------------------------------------------------------------------------------

Bringing Mandamus Suits Against the USCIS
by Gregory Siskind

Nearly every person who has ever dealt with the USCIS knows that in some cases, the agency simply fails to move forward with a case despite taking every conventional effort possible. In these cases, there is ultimately only one action that the aggrieved party can take to force the agency to act – filing a lawsuit. This type of lawsuit is commonly known as a "writ mandamus." A writ of mandamus is a form of civil action designed to compel a government actor to perform a duty owed to the plaintiff. It is important to note that mandamus is not used to force the USCIS to reach a favorable result, but only to take action that it is legally obligated to take. It can result in a denial of the application.

Before filing the lawsuit, there are a number of steps that should be taken. This is so that when the suit is filed, the plaintiff has clearly done everything they can, short of filing a lawsuit, to resolve the problem. A plaintiff who appears in court without having attempted to resolve the situation in other ways will not be particularly sympathetic, whereas one who has will be.

The first step to take when processing on a case that has gone beyond the stated time is to make inquiries with the USCIS. Members of the American Immigration Lawyers Association have access to fax numbers that can be used to make these inquiries at the USCIS Service Centers, as well as numbers for local USCIS offices that are not always publicly available. AILA also has a liaison system that can be used to make inquiries. Under AILA’s rules, several fax inquiries need to be made over a specific time period before a liaison inquiry will be submitted to USCIS. While there are no requirements for inquiries at local offices, faxing in an inquiry at least two times over a one to two month period is advisable.

If no resolution is reached, the next step is to draw up the legal complaint that will be filed in court. The suit will be filed in the federal court with jurisdiction over the petitioner or applicant. There are a number of formal requirements for the complaint such as including a statement that jurisdiction and venue are properly with the court. The lawsuit must also lay out the facts of the case, including efforts that have been taken to resolve it. It is a good idea to initially send copy of the complaint to the USCIS office handling the case, along with a letter explaining the situation and noting that if the case is not resolved within a certain period, generally 30 days, further action will be taken. This step will often have the desired effect, if not producing a decision, of at least prompting the USCIS to begin working on the matter. If the USCIS asks for additional evidence (which can sometimes function as a delaying tactic) and still will not action after the requested documentation is supplied, the mandamus process should be resumed.

If sending the complaint does not produce results, it should be rewritten to include the latest efforts to resolve the case and sent to the USCIS again as well as to the appropriate US Attorney. This is the stage at which most cases are resolved. The US Attorney, understandably, does not want to spend time in court defending USCIS’ failure to take action. The US Attorney often contacts the USCIS office and pressures them to act.

If, after a month, there is still no action on the case, the complaint should be updated again and prepared for actual filing. Procedures vary from jurisdiction to jurisdiction, but the general process is the same. The complaint is taken to the clerk of court where it is registered as filed. When filing a suit against the government, a copy of the complaint must be sent to the government actor who has failed to act (the head of the USCIS office involved), the proper US Attorney, and the US Attorney General.

Again, this action often has the effect of prompting the USCIS to take action. If not, the parties proceed with the case. As in any federal case, the first step is a conference with the judge assigned to the case, the plaintiff’s attorney, and the US Attorney representing the government. At the conference, the judge makes efforts to help the parties resolve the dispute. If this effort fails, the case proceeds to trial. Given the large caseload of federal courts, this process can take many months. A few months after the trial, the judge issues a decision. If the decision is favorable to the plaintiff, the decision will also include an order compelling the USCIS to take action on the application. If the USCIS fails to act, officers of the agency are subject to being held in contempt of court.

It is the rare case where there has been an excessive delay that does not result in a favorable resolution at least at the trial stage of a mandamus case. But the good news is that most of these cases can be resolved favorably without having to go to court at all.

Regards,

Moody
 
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Ok Friends,

The last update is : USCIS didn't respond to the demand letter. The 30 days has run out on 10/15/06, no action has been taken.

My attorney contacted me today, and the complaint is going to the court tomorow.

Wish the best for all of you, and i will keep you guys update.

Regards,

Moody
 
Be sure to have my best wishes!

rob
moody22 said:
Ok Friends,

The last update is : USCIS didn't respond to the demand letter. The 30 days has run out on 10/15/06, no action has been taken.

My attorney contacted me today, and the complaint is going to the court tomorow.

Wish the best for all of you, and i will keep you guys update.

Regards,

Moody
Click to expand...
 
moody22 said:
Ok Friends,

The last update is : USCIS didn't respond to the demand letter. The 30 days has run out on 10/15/06, no action has been taken.

My attorney contacted me today, and the complaint is going to the court tomorow.

Wish the best for all of you, and i will keep you guys update.

Regards,

Moody
Click to expand...

Show them hell, Moody22!
I wish you best of luck!
 
moody22 said:
Thanks Dani,

I just want the justice, nothing else.

Regards

Moody
Click to expand...

Moody, I wish you the best!
Could you please let me know how did you find out your name check was cleared? Thanks in advance!

brc
 
Thanks brc456, xxzz.

I found out about the name check results through the first lady office who forwarded my letter to the FBI, then the FBI replaied to me with the results.

Hope this will help.

Regards,

Moody
 
moody22 said:
Thanks brc456, xxzz.

I found out about the name check results through the first lady office who forwarded my letter to the FBI, then the FBI replaied to me with the results.

Hope this will help.

Regards,

Moody
Click to expand...

Thank you so much!
 
moody22 said:
Thanks brc456, xxzz.

I found out about the name check results through the first lady office who forwarded my letter to the FBI, then the FBI replaied to me with the results.

Hope this will help.

Regards,

Moody
Click to expand...

Hi Moody,

Good luck with your case!

How do you know that your name was received by the FBI? Also, when does a name check be considered pending? 60 days after it was received?

Thanks and good luck again!
 
Hi eo23

eo23 said:
Hi Moody,

Good luck with your case!

How do you know that your name was received by the FBI? the FBI letter sent to me mentioned the date that the CIS sent inquiry for the name check, and the date it was processed and finalized.
Also, when does a name check be considered pending? 60 days after it was received? usually you can considred your self really stucked in the name check black hole if 6 months has passed and the FBI didn't finalized your name check, this's according to the name check testmony posted in the FBI website.
Thanks and good luck again!
Click to expand...
 
BCIS Files Motion to reopen N400 1 day before oath !!

Hello Gents :

Here is my story let me know what u think:

I'm an Alien who been granted adjustment of status through marriage to a US citizen in early 1996. Had convictions that might be CIMT ( Forgery of signature/fraud under $10K, NOT aggrevated felonyfor which the sentence was 5 yr conditional discharge and 3 days time served respectively)in 1989 that were disclosed to INS at the time of adjustment, but the adj. officer at that time told the lawyer that no waiver was necessary. Natz application filed and approved but the USCIS filed a motion to reopen the N400 1 day prior to 3 rd oath ceremony and while I was attending the ceremony( the motion states that under title 8 sec 335.5 we re reconsidering ur N400 we will let u know once we re done..) as the 1st 2 ceremonies occured one week apart while I was on vacation . ( THAT IS after all of these following event: after coming back from a trip to canada the week prior to the ceremony, I was put in removal at the border, but the INS failed to prosecute and the judge closed the case) ( The 3rd ceremony was actually scheduled by USCIS after the judge dismised the removal case). My concern are:
1-This might be a tatic by USCIS to 1st Deny my N400 1st , then try to remove me. bcs maybe they didnt have good chance of removal as it is.
Am I right?
2-I'm thinking seriously to file a motion in federal court under 1447 b , and 1421 c for a hearing to grant Natz (as to take the authority of granting my citizenship from the hands of USCIS, thus preventing them from denying the case and reintiating a removal care against me ). how sucessful do u think a motion could be given the above circum's? should the removal case that was closed be mentioned in the federal motion? similar federal motions heard in 9 th district ( Calif.) court decided it had EXCLUSIVE authority to determine elegibility after the motion was filed, will 2nd district in NY follow suit? can change of venue be filed at anytime during the motion?
Thnx
 
matt29nyc said:
Hello Gents :

Here is my story let me know what u think:

<snip>
Click to expand...

Well to be frank, I think you need to get professional advice, and get it quickly.

Filing suit against USCIS may bring the case to resolution more quickly, but the outcome can go either way... not necessarily in your favor.

Good luck.
 
I Won my WOM

Alright friends, I won the fight against the bastards.

After seven days from filing and serving the defendants, I couldn’t believe it when the honorable Judge ordered a hearing.

The hearing was today at 11.20 am. My attorney office called me at 10.30 am, and connected me to hi, who was driving in his way to the court.
The attorney told me congratulation. I’m like what, what happened?
He said that the AUSA just called him, saying that he has in hands two faxes from the CIS, one for the interview appointment within three weeks, and the second one for a new fingerprint appointment, since the one I did has been already expired ”was taken on August-04”.
My attorney said: they better finish this case very quick, it seems like the judge is very angry, and that’s why he ordered a hearing order.
The AUSA said they searched their record, and found out that the plaintiff is right. His background security checks were completed on august, 04. Their record shows that he's still pending; obviously they didn’t update their crap. CIS are inefficient at all and they need a new system in place right away.
In front of the Honorable judge, the AUSA said: It’s already been done, Mr. Judge. we have everything ready, and he will be sworn in January, if not sooner.
My attorney want to keep the case open until I get my Oath, but the Judge said there is no reason for that. Your client should be happy since we finished his case quickly. If anything went wrong, we can reopen the case.

Now friends, you see, we are right, and they are jus bastards. They are just a bunch of lazy asses, setting on our applications for years for no reasons. They rely on getting us scared to hell, thinking that we are criminals and terrorists.
But we have to show them hell in all courts, nationwide, to make them aware that we will never give up our rights to be proud Americans.

Good luck to everybody still fighting the bastards.

Hopefully I will pass the English test, pray for me :D
 
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