Re: Sue USCIS 120 days after interview

D

DocyBear

Registered Users (C)
Hi

does anyone know how much does it take to sue USCIS 120 days after N400 interview? I was interviewed and recommended for approval on 21 Aug, 08 and have not heard since.

My mother was interviewed on 21 Oct and is already an citizen. I am the only non-citizen in my family now. I am very frustrated!

Thank you
 
Why don't you go through the administrative channels first. You could save yourself a lot of money.

Go to an Infopass. Write to the DO, the Ombudsman, your US Rep. and two Senators first.

To answer your question, anywhere between $1500 to $10k+. Depending on how greedy your lawyer is. You could also try and file yourself.
 
Also, as far as I know, you will HAVE to show that you tried everything through the administrative channels, and you were left with no other option but to drag their bottoms to the court.
 
Pursuing your oath through administrative channels will be a waste of time. The USCIS will keep telling you to wait. Since the 120 day timeframe has already expired, go ahead and file WOM under 1447(b). If your application hasn't been adjudicated within 120 days after the interview, the jurisdiction over it is assumed by the federal court. It clearly states on the bottom of the N-652 that you may petition a federal court for a hearing. In fact, there is no need to hire an attorney for this procedure, as you are not filing WOM to get an interview and won't have to deal with the complexities associated with that type of WOM. Take a look at Subparagraph (b) at this link: http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001447----000-.html
 
Thank you Vorpal... your response makes more sense to me.

I am wondering what exactly are the steps one needs to take to get a hearing under 1447(b)? What document are needed to be presented?
Can you refer us to some resource?



Vorpal said:
Pursuing your oath through administrative channels will be a waste of time. The USCIS will keep telling you to wait. Since the 120 day timeframe has already expired, go ahead and file WOM under 1447(b). If your application hasn't been adjudicated within 120 days after the interview, the jurisdiction over it is assumed by the federal court. It clearly states on the bottom of the N-652 that you may petition a federal court for a hearing. In fact, there is no need to hire an attorney for this procedure, as you are not filing WOM to get an interview and won't have to deal with the complexities associated with that type of WOM. Take a look at Subparagraph (b) at this link: http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001447----000-.html
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AAZZ,

I know your frustration. But take heart, my wife & I have PD of June 2007. We both had interviews done in July 2008. After a few calls and realizing that I was scheduled for oath in Sept 2008 (which I never recd notification), I finally got scheduled for another oath in Nov. My wife never got any notification yet and we did an inquiry again. Then lo, we got a call from a IO officer saying that she is scheduled for oath in January 2009, 18-19 months after PD and 5-6 months after interview. Till now, no oath letter yet.

Be persistent but don't try the lawsuit road. Make sure when you call, the enquiry is made to the local offioce and not to the regional service center! This is very important as most folks don't realize.

Good luck!
 
AAZZ said:
Thank you Vorpal... your response makes more sense to me.

I am wondering what exactly are the steps one needs to take to get a hearing under 1447(b)? What document are needed to be presented?
Can you refer us to some resource?
Click to expand...

The best resource is on this very forum. Check the lawsuit sticky. There are some very helpful people there who have a wealth of knowledge on the subject.
 
DocyBear,
I agree with Lazycis and Vorpal. Calling the local office or even contacting members of congress will not get you anywhere.
 
Correspondence with congressman and USCIS ombudsman would provide exhibit evidence to suit, but since relief through the courts is available after 120 days after interview, evidence of correspondence to USCIS via phone and/or Infopass should suffice.
 
Thank you Bobsmyth, long-oath, lazycis and Vorpal for your input. I plan to keep bugging USCIS till my 120 days are over. And I plan to sue them on 121st day :D
 
Upstate_NY,

All I know is that 1-800 number. How do u ensure that inquiry is made to local office and not to the regional service center?

Upstate_NY said:
AAZZ,

Make sure when you call, the enquiry is made to the local offioce and not to the regional service center! This is very important as most folks don't realize.

Good luck!
Click to expand...
 
AAZZ,

Ask for the reference # when the USCIS customer service rep sends an enquiry. If it is ending in "WAS", then it is Washington DC Field Office (as in my case). If it ends in "VSC" then it is Vermont Service Center.

You want the enquiry to go to the Field Office, not the Service Center.

I cannot vouch for this 100% but it did help in my case.

Hope this helps.
 
My 120 days after the first interview will be up on 12/27. So I am getting ready to write some letters to USCIS, Congressmen and Senators, can someone please point the direction of some sample letters? I can write one myself but I'd like to follow a sample with offical language so I don't miss anything. I'll give it a couple of weeks and then go for the lawsuit.
 
Hey b0nd. I have very similar to yours situation. I had my interview on 8/27/08 in NYC office. At the beginning of December I called to inquire about the status, so they've submitted a services request. A week later I got a letter notifying me that my case was approved and letter was mailed to me on 09/27/08. I never got that letter. So i went for infopass since the service reply letter advised to go there. What a waste of time. Nobody knows nothing in there. So I wrote to Senator Clinton about 2 weeks ago.
So far no news. I'm considering to sue USIS. They really start to get on my nerves.
 
Well I still cant decide if I should pursue legal actions against USCIS... It might cost too much without substantial results.

I was wondering if I should wait till April 24, 2009 to challenge the office. By then, I would have satisfied the 4yr +1 day rule.

Also, I am busy with med school interviews and decisions; I am really feeling the drag and pain in this administrative bureaucratic bs. I called their customer line and they filed for another admin svc inquiry... I duno if I am doing the right way.

Any thought? thanks for your comments!
 
Have you tried contacting USCIS Ombudsman?
And what do you mean you will have satisfied the 4 year + 1 day rule, since you already filed last year?
 
Bobsmyth said:
Have you tried contacting USCIS Ombudsman?
And what do you mean you will have satisfied the 4 year + 1 day rule, since you already filed last year?
Click to expand...

Yes, from April 2005. Within the time period I have left states for 2 trips ( 28 days and 78 days during the summer and winter for vol. biz)Therefore, if they reject me I can reapply again or challenge with an admin review or court. I mean there would be a probability that they would want me to go through the application again but at least I feel confident with the scenario.

And I have not contact the obds of USCIS I just don't think it would help!

thanx
 
Since it's been more than 120 days since interview and they have previously recommended you for approval, have you gone to Infopass recently and request to speak with a supervisor?
 
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