N-400 April 2020 Filers

[Libertate 17]

14 hours ago, sfo-user said:

 

So, I’m f**cked, right? No interview or oath this year? Is there even a point in suing? I applied 22 months ago and they’ve not even started on my case.

Sorry to hear about your situation. In my case FOIA request had actually helped and my interview got scheduled after FOIA moved to step 3. 

Re suing USCIS: I've been trying to build a group here to file a class action suit and it looks like only 5-6 people are interested. Not enough...

Either way, if there is a lawsuit against the USCIS that I can join I would love to do this.

[sfo-user 3]

2 hours ago, Libertate said:

Sorry to hear about your situation. In my case FOIA request had actually helped and my interview got scheduled after FOIA moved to step 3. 

Re suing USCIS: I've been trying to build a group here to file a class action suit and it looks like only 5-6 people are interested. Not enough...

Either way, if there is a lawsuit against the USCIS that I can join I would love to do this.

Did you file a FOIA request after you found out your case is stuck? What kind of FOIA did you file? What is step 3? Can we even sue USCIS or would we have to sue the NRC?

[Libertate 17]

My case has been stuck since I filed in May 2020. I filed FOIA on Dec 10th and requested my A-file to leave USCIS no legal ground to stand on since they had been claiming that they couldn't process my N-400 because they didnt have the A-file. Because USCIS is the "owner" of all A-files they act as an intermediary between me, the requestor of my A-file under FOIA, and the National Archive where A-files are stored.

It is clear that a particular group of filers (i.e. April-May 2020 filers) bears the brunt of government incompetence and is in a way "targeted" or "discriminated against" since many other filers who filed after us are already citizens. Because we all paid an application fee and can establish that our cases are "approvable" there are multiple ways to play this out. For example, we can sue USCIS for the application fee but USCIS cannot refund it because there is no legal framework for them to do so. They only refund fees if they made an error. They wouldn't do it because that damages their reputation.

We can also file a mandamus actions against USCIS under Administrative Procedure Act for unreasonably delaying our cases. If there are those who are materially affected by this delay (your business is affected, you cannot get a certain job etc) then it might be possible to sue them for damages.

USCIS does not like to be sued and allow federal judges go through their dirty laundry in federal court. If there is even a hint of a class-action suit, believe me, our petitions will be processed in no time to make our case moot.

Edited January 12, 2022 by Libertate

[Malik85 3]

I am open to joining a class action

[Cloggie 17]

Me too.

[keyuree1 27]

9 hours ago, Libertate said:

Sorry to hear about your situation. In my case FOIA request had actually helped and my interview got scheduled after FOIA moved to step 3. 

Re suing USCIS: I've been trying to build a group here to file a class action suit and it looks like only 5-6 people are interested. Not enough...

Either way, if there is a lawsuit against the USCIS that I can join I would love to do this.

I'm in!

[Libertate 17]

I posted in the May 2020 thread to see if anyone else is interested. We need to get around 20-30 people to sign up for it. 

[keyuree1 27]

9 minutes ago, Libertate said:

I posted in the May 2020 thread to see if anyone else is interested. We need to get around 20-30 people to sign up for it. 

There are plenty of people on Facebook with their case pending. You should try there. 

https://www.facebook.com/groups/320208358325427/?hoisted_section_header_type=recently_seen&multi_permalinks=1659771761035740

Edited January 13, 2022 by keyuree1

[sfo-user 3]

Same re joint lawsuit. After consulting with lawyer it sounds like a lawsuit is the fasted and most reliable option either way.

[Yupibotan 15]

On 1/12/2022 at 8:11 PM, Libertate said:

I posted in the May 2020 thread to see if anyone else is interested. We need to get around 20-30 people to sign up for it. 

If we do a class action lawsuit, what will be the logistics, likely outcome and the cost?

Is there any specific law being violated by USCIS with our n400? 

Edited January 14, 2022 by Yupibotan

[Libertate 17]

56 minutes ago, Yupibotan said:

If we do a class action lawsuit, what will be the logistics, likely outcome and the cost?

Is there any specific law being violated by USCIS with our n400? 

1. Find enough people

2. Create a separate group and compare notes (similarities and differences of our cases)

3. Identify individuals that are the most affected by the delay

4. Discuss contribution that each participant can afford (can be money, legwork etc)

4. Write a brief summarizing commonalities in our cases and identifying the lead plaintiff and each individual joining the suit

5. Get the word out to advocacy groups to see if someone can support us (MPI, ILRC or similar)

6. Find lawyers

7. Certify the class

 

Likely outcome: USCIS will expedite the cases of those who joined the class to make the case nonjusticiable and thus prevent the court from hearing it.

In my opinion the Administrative Procedure Act and the Due Process clause are violated, but this is for lawyers to decide. The hardest stage is the one that we are going through now: grassroot organizing and getting people to act together and really commit to the cause. 

[Yupibotan 15]

6 minutes ago, Libertate said:

1. Find enough people

2. Create a separate group and compare notes (similarities and differences of our cases)

3. Identify individuals that are the most affected by the delay

4. Discuss contribution that each participant can afford (can be money, legwork etc)

4. Write a brief summarizing commonalities in our cases and identifying the lead plaintiff and each individual joining the suit

5. Get the word out to advocacy groups to see if someone can support us (MPI, ILRC or similar)

6. Find lawyers

7. Certify the class

 

Likely outcome: USCIS will expedite the cases of those who joined the class to make the case nonjusticiable and thus prevent the court from hearing it.

In my opinion the Administrative Procedure Act and the Due Process clause are violated, but this is for lawyers to decide. The hardest stage is the one that we are going through now: grassroot organizing and getting people to act together and really commit to the cause. 

Thank you for detailed response! 

[Errrlis 1]

yes to lawsuit! 

[Libertate 17]

So far we have the following users who would like to join the class action against the USCIS:

 

1. Libertate

2. Malik85

3. Cloggie

4. keyuree1

5. sfo-user

6. Errrlis

 

Sorry if I missed anybody, if you'd like to join please copy the list and add your nickname to it.

Once again, we need to have 20-30 people to form a class.

 

 

[Kensoyro 0]

1. Libertate

2. Malik85

3. Cloggie

4. keyuree1

5. sfo-user

6. Errrlis

7. Kensoyro