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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Maryland Courts
I want to explain the situation about I-485 WoMs in Maryland courts a little bit more(as of today):
1) I never heard that judge ever scheduled conference call
2) There are no hearings
3) AUSA never bother to return calls of I-485 WoMs now(at least if they are pro se)- If Bou, GC-pending, zlcjf have a different experience, please corr
4) Judges all arrogant and stamp I-485 WoMs with "Lack of the mattter of jurisdiction" with a snap of fingers
=================
As for other I-485 WoM- Now many of you guys received Conf call notice
or have been able to schedule hearings
It is an exciting hearing apparently. But My case is a I-485 case and I am in Maryland. I am afraid that this kind of scene will never happen in my court. So, is there any text I can use to argue the claim?
I want to explain the situation about I-485 WoMs in Maryland courts a little bit more(as of today):
1) I never heard that judge ever scheduled conference call
2) There are no hearings
3) AUSA never bother to return calls of I-485 WoMs now(at least if they are pro se)- If Bou, GC-pending, zlcjf have a different experience, please corr
4) Judges all arrogant and stamp I-485 WoMs with "Lack of the mattter of jurisdiction" with a snap of fingers
=================
As for other I-485 WoM- Now many of you guys received Conf call notice
or have been able to schedule hearings
While you wait for your EAD
Zlcjf,
I was in a similar situation. Once in my life, I waited for my second O-1 approval for almost 4 month.
I could have been waited forewer if not Senatorial help.
While you wait- you cannot work for the-so-called W-2 income, but you can work without income.
This is fully legal.
If you do, you can submit receipts from all utilities, rent, gas for reimbursement by your company. Category of reimbursement - "normal business expenses".
You also can submit reimbursement for some petty cash expenses- like haircuts, napkins, water, small snack.
This is fully legal. My attorney called our HR and explained her the law.
For example, while I waited for 4 month in 2001, I was reimbursed by my company by "business expenses" receipts.
You must have a legible receipt for every expense
================
For curious:
[It turned out that in 2001, my case [whatever preceded name check] was held in DoS [for security clearance] on the shelf and the guy who supposed to release my case simply went on vacation (!!!-what a nice guy)- as I was told from Senator office.
Senator aide asked another DoS employee to get my case from the shelf, review it and and send decision to USCIS office. It was done in 1 day. My family and I were on the verge. DoS= Department of State]
Thanks, Hiram and LazyCIs. I will do Hiram suggests. If it doesnt work, I will file a emergency motion with the Court.
Zlcjf,
I was in a similar situation. Once in my life, I waited for my second O-1 approval for almost 4 month.
I could have been waited forewer if not Senatorial help.
While you wait- you cannot work for the-so-called W-2 income, but you can work without income.
This is fully legal.
If you do, you can submit receipts from all utilities, rent, gas for reimbursement by your company. Category of reimbursement - "normal business expenses".
You also can submit reimbursement for some petty cash expenses- like haircuts, napkins, water, small snack.
This is fully legal. My attorney called our HR and explained her the law.
For example, while I waited for 4 month in 2001, I was reimbursed by my company by "business expenses" receipts.
You must have a legible receipt for every expense
================
For curious:
[It turned out that in 2001, my case [whatever preceded name check] was held in DoS [for security clearance] on the shelf and the guy who supposed to release my case simply went on vacation (!!!-what a nice guy)- as I was told from Senator office.
Senator aide asked another DoS employee to get my case from the shelf, review it and and send decision to USCIS office. It was done in 1 day. My family and I were on the verge. DoS= Department of State]
Last edited by a moderator:
First Step!
Mailed letter to the First Lady today.
PD 4/3/06
FP 4/29/06
Certified mail will do.
Mailed letter to the First Lady today.
PD 4/3/06
FP 4/29/06
Maryland I-485 WoMs (all MTD granted)
Could anybody [from Maryland, who recently received MTD from AUSA] update us about "avalanche" effect?
What is the current avalanche number (including with MTD pending and granted)?
1) Goumilevski vs Chertoff , MTD granted
2) Konoplev vs Chertoff (this was based on #1), MTD granted
3) ?- where previous cited
4) ?
5) where previous cited
******
8?) where previous cited
Now I see that recent MTD issued (for example see Zheng or Almany case)
has already citing plethora of recent I-485 WoM MTDs granted.
I ve heard that now, based on the first precedent issued by Honorable Deborah Chasanow, we have cases MTD-ed and possibly granted with 100%
success rate. But opinion issued in the first case was extremely weak.
No clear proof was given.
Can anybody( GC-pending, Bou, zlcjf, gmlsk,) update on the status
of I-485 WoM cases in Maryland?
Could anybody [from Maryland, who recently received MTD from AUSA] update us about "avalanche" effect?
What is the current avalanche number (including with MTD pending and granted)?
1) Goumilevski vs Chertoff , MTD granted
2) Konoplev vs Chertoff (this was based on #1), MTD granted
3) ?- where previous cited
4) ?
5) where previous cited
******
8?) where previous cited
Now I see that recent MTD issued (for example see Zheng or Almany case)
has already citing plethora of recent I-485 WoM MTDs granted.
I ve heard that now, based on the first precedent issued by Honorable Deborah Chasanow, we have cases MTD-ed and possibly granted with 100%
success rate. But opinion issued in the first case was extremely weak.
No clear proof was given.
Can anybody( GC-pending, Bou, zlcjf, gmlsk,) update on the status
of I-485 WoM cases in Maryland?
Last edited by a moderator:
Chrismartin76
Registered Users (C)
Hello,
I've been reading and occasionally posting here for months. I have a few questions if any of you can help:
1. Is it really helpful to sue the Attorney General of the U.S. rather than just serve him?
2. Since there is an Acting Attorney General, I will put his name on the first page. If a new attorney general is appointed, is it correct to assume that I don't have to amend my suit?
3. Does anyone have any recent I-485-related mandamus complaints? I have a fairly old one.
4. Does anyone know the correct way to cite this case--Elshorbagi v. Melville, No. 1 :05-cv-1926 (N.D. Ga. May 19, 2006)? I know that I need to erase "No. 1 :05-cv-1926" and put something else there. Will PACER provide the correct citation?
5. Has anyone here been keeping stats on what percentage of lawsuits result in a motion to dismiss and what percentage of such motions are denied?
Thanks,
Chris
I've been reading and occasionally posting here for months. I have a few questions if any of you can help:
1. Is it really helpful to sue the Attorney General of the U.S. rather than just serve him?
2. Since there is an Acting Attorney General, I will put his name on the first page. If a new attorney general is appointed, is it correct to assume that I don't have to amend my suit?
3. Does anyone have any recent I-485-related mandamus complaints? I have a fairly old one.
4. Does anyone know the correct way to cite this case--Elshorbagi v. Melville, No. 1 :05-cv-1926 (N.D. Ga. May 19, 2006)? I know that I need to erase "No. 1 :05-cv-1926" and put something else there. Will PACER provide the correct citation?
5. Has anyone here been keeping stats on what percentage of lawsuits result in a motion to dismiss and what percentage of such motions are denied?
Thanks,
Chris
Hello,
I've been reading and occasionally posting here for months. I have a few questions if any of you can help:
1. Is it really helpful to sue the Attorney General of the U.S. rather than just serve him?
2. Since there is an Acting Attorney General, I will put his name on the first page. If a new attorney general is appointed, is it correct to assume that I don't have to amend my suit?
3. Does anyone have any recent I-485-related mandamus complaints? I have a fairly old one.
4. Does anyone know the correct way to cite this case--Elshorbagi v. Melville, No. 1 :05-cv-1926 (N.D. Ga. May 19, 2006)? I know that I need to erase "No. 1 :05-cv-1926" and put something else there. Will PACER provide the correct citation?
5. Has anyone here been keeping stats on what percentage of lawsuits result in a motion to dismiss and what percentage of such motions are denied?
Thanks,
Chris
Hey Chris,
1. Since you have to serve him, it's a good idea to include him as well as a defendant. The US AG is the ultimate person responsible for the adjustment of status according to the INA.
2. This is correct. Put acting AG's name and do not worry about the rest. The name will be automatically substituted if necessary.
3. See attached.
4. It depends. Do you want to cite a particular document from the case? Here is a sample citation: Xiaohui He v. Chertoff, 06-2608, Order on Mot. to Dismiss, (S.D. Cal. Mar 8, 2007)
5. I have a spreadsheet with successfull cases.
http://spreadsheets.google.com/ccc?key=pBQx8tqZHHU2A6Q-Pv9sULw&hl=en
The success rate depends on the district. In California Northern District it's close to 100%, in Maryland it's 0%. Now, I am talking about cases where the judge issued an order. Many cases are being resolved because the USCIS does it's job and issues a GC. Nobody counts those victories.
Chrismartin76
Registered Users (C)
Thanks.
Some news regarding letters to the First Lady. I called her office today because I didn't receive a response from her.
The assistant told me that my letter was received and forwarded to the "agency" (meaning the FBI, I assume) about six weeks later. She said that the agency typically takes another six weeks to respond, which is mid-October for me. She said that cases are typically expedited when such requests are sent from the First Lady's office.
Btw has anyone had numbering problems with the pages on this forum? Sometimes this thread shows up being 900 and some pages long. Other times it's about 500 pages long.
-Chris
Some news regarding letters to the First Lady. I called her office today because I didn't receive a response from her.
The assistant told me that my letter was received and forwarded to the "agency" (meaning the FBI, I assume) about six weeks later. She said that the agency typically takes another six weeks to respond, which is mid-October for me. She said that cases are typically expedited when such requests are sent from the First Lady's office.
Btw has anyone had numbering problems with the pages on this forum? Sometimes this thread shows up being 900 and some pages long. Other times it's about 500 pages long.
-Chris
chrismartin76
I got a letter form FBI 4 months after I wrote to first lady. This is the letter's content:
The FBI processes millions of name check requests each year with each requiring thoughtful consideration. We know how important this information is to you, however, the FBI must also balance the need for national security in prearing the response to each of these requests. The FBI's homeland security mission requires that our name check process be primarily focused on an accurate and thorough results. While an exact date for completion of this review cannot be given, you may be assured that the results will be made available to the immigration authorities as quickly as possible.
I trust this information will be of assistance.
By the way, which phone number did you use to call first lady's office? I may call them and find out more about how they difine "typically".
Thanks.
Some news regarding letters to the First Lady. I called her office today because I didn't receive a response from her.
The assistant told me that my letter was received and forwarded to the "agency" (meaning the FBI, I assume) about six weeks later. She said that the agency typically takes another six weeks to respond, which is mid-October for me. She said that cases are typically expedited when such requests are sent from the First Lady's office.
Btw has anyone had numbering problems with the pages on this forum? Sometimes this thread shows up being 900 and some pages long. Other times it's about 500 pages long.
-Chris
I got a letter form FBI 4 months after I wrote to first lady. This is the letter's content:
The FBI processes millions of name check requests each year with each requiring thoughtful consideration. We know how important this information is to you, however, the FBI must also balance the need for national security in prearing the response to each of these requests. The FBI's homeland security mission requires that our name check process be primarily focused on an accurate and thorough results. While an exact date for completion of this review cannot be given, you may be assured that the results will be made available to the immigration authorities as quickly as possible.
I trust this information will be of assistance.
By the way, which phone number did you use to call first lady's office? I may call them and find out more about how they difine "typically".
Olko
I'm in Massachusetts, I've never got any scheduled conferences, I hope I did. My AUSA actually requested twice FBI expedition and tried to contact them about my case, nothing worked so far. I did everything I can think of that might help, but nothing seems to work. Now my case stuck at the judge's office waiting for ruling on MTD for 6 months now, my NC pending for over 4 years by now. It's the faith and hope that USA still has justice that keep me going everyday. I'm totally stressed out by the whole thing. :-((
I'm in Massachusetts, I've never got any scheduled conferences, I hope I did. My AUSA actually requested twice FBI expedition and tried to contact them about my case, nothing worked so far. I did everything I can think of that might help, but nothing seems to work. Now my case stuck at the judge's office waiting for ruling on MTD for 6 months now, my NC pending for over 4 years by now. It's the faith and hope that USA still has justice that keep me going everyday. I'm totally stressed out by the whole thing. :-((
I want to explain the situation about I-485 WoMs in Maryland courts a little bit more(as of today):
1) I never heard that judge ever scheduled conference call
2) There are no hearings
3) AUSA never bother to return calls of I-485 WoMs now(at least if they are pro se)- If Bou, GC-pending, zlcjf have a different experience, please corr
4) Judges all arrogant and stamp I-485 WoMs with "Lack of the mattter of jurisdiction" with a snap of fingers
=================
As for other I-485 WoM- Now many of you guys received Conf call notice
or have been able to schedule hearings
There is a yahoo groups called namechecktracker that was started by folks from immigrationvoice.org portal. This has now been hijacked by American United Families or whatever crap it is. I sent an email commenting on it and was promptly banned. If anyone is a member of this group here be careful with that group's agenda now.
AGC4ME,
I made financial donations to American United Families United since it was the *only* forum available that was lobbying for immigration reform with one item being name check. I know they had a big lobbying agenda, not sure what happened.
Thanks,,,what defines "sensitive info"?...is social security # enough? I googled and it seems that for date of birth i shall only use year, and for social security, only last 4. what about Alien #?
any template of such motion to seal?
I should specify the pages to seal, right? I guess I can not ask for having all the papers sealed.
thanks.
greenpea:
For the definition of "sensitive information", you should look into the "Electronic Case Filing Procedures" for your district court. In most courts, it includes:
1) Social Security #
2) Names of minor children
3) Dates of Birth
4) Financial Account Information.
You can specify the documents to seal, such as exhibits. The following are some sample text of the Motion:
//////////////////////////////
Motion To Seal Documents
Plaintiff, xxxx xxxx, respectfully move the Court for an order sealing the following documents:
(1) The plaintiff’s Complaint, Exhibits Numbers XX, XX, and XX;
(2) The Plaintiff’s Response to Motion to Dismiss, Exhibits Numbers XX and XX.
(3) The Plaintiff’s Motion for Summary Judgement, Exhibits Numbers XX and XX.
These documents contain some detailed personal information, such as plaintiff's Social Security Number, Date of Birth, Home Address, and Home Phone Number, and A-Number. The containing information implicates not only privacy but also personal security concerns. Plaintiff submits that good cause exists for sealing the documents and respectfully request that the Court so order.
Plaintiff has conferred with the Defendants and the Defendants do not object to the filing of this Motion.
/////////////////////////////////
Good luck,
XG
I am desperate here. My EAD expires this Friday (Oct. 5). My I-765 application has been pending in TSC for more than 90 days so faxed to TSC for expedite EAD application. I also had two infopass appointments with local immigration ffice lately and they said they emailed TSC about my case but it may take them more than 90 days to reply. I also contact my senate about my situation. Senate office send a email to TSC but said it might take 30 buessiness days for TSC to reply. I also tried to contact my AUSA for the situation but couldn't find him and he never replied to my message. What can I do?
LazyCIS and others, here is most recent update on my EAD application:
I went to the Baltimore Immigration Office this morning and talked to the officer who talked to me last week about my current situation(my boss is going to fire me after tomorrow) very politely. She called somebody in her office and after waiting for half an hour. She told me that the officer who sent email to TSC hadn't received any response from TSC. She asked me to go back home and keep waiting. I pulled out the Interoffice memo and tried to persuade her to call TSC. She immediately interrupted me and went to her superviser.
A few minutes later, her supervisor came in and said they had done all they could do. I showed her the Memo, she said they had called and emailed TSC. Nothing else they can do. I further said I would file a lawsuit but I want to make sure they have CALLed TSC as required by the memo. The superviser immediately asked me to sit down and wait.
One hour later, the superviser came out again, said she called. My case is still pending. Now it is up to TSC to react.
My questions now are" First, should I wait for one buessnes day to file Emergency Motion to give TSC a little time to respond or file a Motion immediate? Second, since EAD is a different case than my WOM case which is an AOS case, should I file a separate WOM? I talked to the AUSA this morning. He refused to help me with my EAD. They have a new AUSA to replace previous one yesterday. Since I am in a very bad district (MD) for AOS WOM, I am concerned that the judge may rule based on irrelavancy and ask me to file a seperate one. That will delay my suit. Third, in my motion, should I ask for compensation to my loss?
Thank you
thank you for the spreadsheet! great job.
thank you for the spreadsheet! great job.
Hey Chris,
5. I have a spreadsheet with successfull cases.
greenpea
1- You can bring your documents. You can read from your notes as well. But be advised that you should be concise in making your points. So you should prepare a summary of your arguments rather than reading your whole motion of summary judgment etc.
2. NO
3- Remain calm, cool, and confident AND Do not interrupt the judge or AUSA
1- You can bring your documents. You can read from your notes as well. But be advised that you should be concise in making your points. So you should prepare a summary of your arguments rather than reading your whole motion of summary judgment etc.
2. NO
3- Remain calm, cool, and confident AND Do not interrupt the judge or AUSA