Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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I though about estoppel and have done some research in that regard. We can also look into visa bulletin regulations and force DOS to change PD. It does not make sense that PD in October is a year earlier than it was in May. Even if USCIS used 60,000 numbers in May, it's a new fiscal year. Something is fishy.
Finally, three month later, we got the order from the judge. The conclusion says "The defendants' motion to dismiss is DENIED. The parties shall submit a proposed discovery schedule within 30 days."
Does anybody knows how to handle the discovery schedule? Do I need to talk to AUSA to figure it out? What is the next step after we submit the discovery schedule.
Thanks a lot
PD Dec. 2004
WOM Jan. 2007
Does anybody knows how to handle the discovery schedule? Do I need to talk to AUSA to figure it out? What is the next step after we submit the discovery schedule.
Thanks a lot
PD Dec. 2004
WOM Jan. 2007
Dear AGC4ME,
Our first I140 filed for me as primary beneficiary as a researcher of outstanding abilities, I485s for all family members were filed concurrently. I140 was denied and that's why I485s were denied, too. At the time of filing I had F1, kids had F2 and my husband had H1B. When my petition was denied, my husband's job immediately filed for a new H1B for him which was approved (premium processing) and we left the country and got H1 and H4s respectfully. Then his job filed I140 for him. This time we waited for its approval before filing the I485. When the I140 was approved we filed for adjustment of status. We have never worked illegally, nor have accrued 180 days of unlawful presence.
We are in H1 and H4 status now, we cannot appeal at BIA (the last sentence of the denial is "The regulations do not provide for an appeal to this decision") nor go to immigration judge since we are not in removal.
We have filed for the MOTIC requesting expeditious correction of the service error, it was submitted through a congressman's office and they got on July 23. the head of the constituent service said she saw to it be put into the system on the same date and that they told her it would be resolved in 30 days. They still have not open the case and there is no time frame for the MOTICs. Our status expires on March 31, 2008, there is not much time left.
Dear all,
I am trying to convince my employer to write a letter to FBI request expediting my name check. I want to know who is the person in charge of our name checks. I do not know what is the effective way to push FBI to expediate processing my name check.
Although I have asked my AUSA for help on pushing FBI, he does not think there is any delay on my case (more than four year pending under my name check).
Does anyone know that William L Hooton is still the Assistant Director in Records Management Division?
Many thanks in advance for your reply.
Xiaocao
I am trying to convince my employer to write a letter to FBI request expediting my name check. I want to know who is the person in charge of our name checks. I do not know what is the effective way to push FBI to expediate processing my name check.
Although I have asked my AUSA for help on pushing FBI, he does not think there is any delay on my case (more than four year pending under my name check).
Does anyone know that William L Hooton is still the Assistant Director in Records Management Division?
Many thanks in advance for your reply.
Xiaocao
I don't know which circuit you are in. But it might be well worth the money to engage a good attorney for your case instead of going Pro Se.
Need Your Help
Dear Friends, now I desperately need your help. I-130 was approved in 2003, I-485 is pending for more than 4 years because of FBI namecheck. I filed WOM in May 2007; AUSA filed MTD in August; I filed Opposition to MTD in August; on September 7 AUSA filed opposition to my opposition to MTD. Here I enclosed the last two documents as pdf files. I do not know what to do next. Should I file another 20 pages long opposition to opposition to ...etc? I am really bored with this because this is just senseless tautology, waist of paper. What do you think?
Should I file short MSJ instead? Or just short brief in opposition followed by MSJ?
Courts in Georgia are not as bad as in Maryland and not as good as in California.
Please, advice me what would be the best way to construct the response?
Thank you from the bottom of my heart, friends, good luck to all of you.
Dear Friends, now I desperately need your help. I-130 was approved in 2003, I-485 is pending for more than 4 years because of FBI namecheck. I filed WOM in May 2007; AUSA filed MTD in August; I filed Opposition to MTD in August; on September 7 AUSA filed opposition to my opposition to MTD. Here I enclosed the last two documents as pdf files. I do not know what to do next. Should I file another 20 pages long opposition to opposition to ...etc? I am really bored with this because this is just senseless tautology, waist of paper. What do you think?
Should I file short MSJ instead? Or just short brief in opposition followed by MSJ?
Courts in Georgia are not as bad as in Maryland and not as good as in California.
Please, advice me what would be the best way to construct the response?
Thank you from the bottom of my heart, friends, good luck to all of you.
question
I have a question about serving.. I haven't sent out the copy of "Notice of availability of magistrate judge" paper and copy of the list with all judges from our District, which I received together with summons. These papers didn't seem important to me.
Shall I ignore it ? or should I resend the complaint+summons+ plus above additional papers again ?
I'm afraid that someone can claim that they haven't been serviced properly and cause some more delay and problems.
The handbook states that everything from clerk's office should be sent to defendants.
I have a question about serving.. I haven't sent out the copy of "Notice of availability of magistrate judge" paper and copy of the list with all judges from our District, which I received together with summons. These papers didn't seem important to me.
Shall I ignore it ? or should I resend the complaint+summons+ plus above additional papers again ?
I'm afraid that someone can claim that they haven't been serviced properly and cause some more delay and problems.
The handbook states that everything from clerk's office should be sent to defendants.
Xiaocao,
I wrote to both Hooton and Cannon and did not get any response. Maybe employer letter will have more weight. I suggest writing to FBI agent in charge for your district and to Mr. Mueller.
Oskar,
Just wait for a court to rule on MTD, you do not need to reply to reply to opposition. You have a few favorable decisions in your circuit and you refer to them in your opposition. That should be enough.
All the best,
Lazycis
Lena,
No need to worry about those papers. AUSA should have the list of judges in your district and all of them ruled in our favor
If you worry, send just missing papers to AUSA office. Surely you do not have to send complaint and summons again. Failure to include those papers does not affect the validity of service according to FRCP.
If she is suffering because of the delay, then, of course, include her as well. Just keep in mind that you both will have to sign all papers and go before the judge, if necessary.
Hi AGC4ME,
Thank you very much for your information and suggestion.
Yes, I am in appeal stage. I have been doing my best on it. But I do not have any confidence in that if the 4th Cir will make any decision in my favor, and my working contract with my present employer is ending in 11/30/07. I am trying to apply for a job at national Labs. But they require applicants having GC or citizenship.
Hi Lazycis,
Thank you very much for your advice. I am trying to figure out who is in charge for our district. Do you know where I can find the informatiom.
Have a gread day.
Xiaocao