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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

Discussion in 'US Citizenship' started by Publicus, Oct 29, 2005.

  1. Immigr8

    Immigr8 Super Moderator

    Invalid
     
    Last edited by a moderator: Oct 21, 2009
  2. since2003

    since2003 New Member

    After I filed WOM, the USCIS send me notice for 2nd medical and also another fingerprint, which says sth like for FBI to initiate my name investigation? ( this notice is not in my hand right now) I was surprised when I read that notice. Until I filed WOM, the date of updating my case status was 2004, and it says background check pending.

    I only wrote to FBI for my record one week before I filed the case. I have tried infopass and called USCIS every half year. In the end I found nothing can work for me b/c they even didn't bother to update my online case status! (one friend said to keep calling b/c at least the date of updating keep moving, which means they look at your case. ) I can conclude that my case solving is 100% a result of WOM.

    So except the two extension requested by AUSA, I didn't do anything else for the lawsuit. I didn't spoke with the AUSA about expedition NC b/c she didn't mention it in her letter requesting for the first extension. In that letter, she simply says that the USCIS needs time to receive my medical and fingerprints to ajudicate my case.

    The AUSA asked for two extensions. The first is 30 days requested by mail. I called her at the end of the first extension and said that I have provided all the stuff USCIS asked me to do. She said USCIS havn't got those yet and I offer to fax the evidence to her. She also said that she will file MTD if my case cannot be solved when the extension is up, however, she wants to help and ask for another 60 days, which is the second extension. I asked how about 30 days. She said 60 days is better and I could call her after 30 days. Then she called me before 30 days in the second extension with the good news that my card is approved.

    Ai, I wish I had filed WOM earlier.

     
  3. mt100

    mt100 Registered Users (C)

    Check out www.uscis.gov main page:
    USCIS Answers Frequently Asked Questions about Receipting Delays
    September 28, 2007 - Due to a tremendous increase in the number of applications filed in the last few months, USCIS advises customers that the processing of fee payments and entry of cases into our tracking system is behind schedule. We are providing the answers to those questions which we most frequently receive on this matter.
     
  4. lazycis

    lazycis Registered Users (C)

    Let's see. I filed NOA on May 16th. My appeal was docketed on May 23rd and my brief was due on July 5th. So you have about 6-7 weeks to prepare a brief. The sticky point is that you do not know when Li v. Gonzales will be resolved and you have only 60 days to file NOA. I do not think you can sit and wait. Li v. Gonzales will be resolved in December-January by my estimate. So why don't you get a copy of Li's brief and use it as a template? That's an easy way and you will save time as well (the appeal process itself will take about 6 months).
     
  5. lazycis

    lazycis Registered Users (C)

    Because you've had no interview, your case is similar to I-485 cases. You will rely on mandamus statute (28 USC 1361) and Administrative Procedures Act (5 USC 555(b), 706). I-485 case relies on the same statutes. So when you site cases, you can definitely use I-485 wins. I'd say it's easier to win N400 case because jurisdictional bar of 8 USC 1252(a)(2)(B) does not apply to naturalization so AUSA has one of the primary arguments in I-485 cases taken out. You should also use N-400 wins as they have similar factual background with your case. For example, you can argue that Congress wanted N400 applications to be on the fast track and site other court cases (i.e. Walji reversal). You can site case from anywhere in the country, but they all have different weight for your district: the Supreme Court cases are the most important, then go the decisions of Court of Appeals for your circuit, then the decisions in your district, then the decisions in your circuit, then decisions elsewhere. District court/appellate court decisions can also be published or unpublished. Published opinions have much more weight.
     
  6. Slow_CIS

    Slow_CIS Registered Users (C)

    to lazycis

    Thanks for your two previous posts.
    1-While proceeding pro se, am I still supposed to fax the Representation Statement (Appearance of counsel)? My understanding of rule 12 is that if the Notice of appeal is filed by an attorney, (s)he has only 10 days to fax that form to clarify which party s/he is representing.
    2- Called AILF earlier today and they asked for my pleadings and said they should decide whether or not submitting amicus.
    3- What is informal brief? I have found that in some of the COA dockets.
     
  7. zlcjf

    zlcjf Registered Users (C)

    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?
     
    Last edited by a moderator: Oct 21, 2009
  8. AGC4ME

    AGC4ME Registered Users (C)

    Power of AUSA

    So my wife's EAD expired on September 21st. She has an interview with USCIS on 15th Oct. So in the meanwhile she can't work. So AUSA emails saying the case will be moot on 15th and so he wants two weeks extension. I email him back saying he gets her EAD approved ASAP so she can work and then only I will agree for the extension. Guess what. I get an email from USCIS within 3 hours saying both of our EADs are approved. The power of AUSA is certainly there.
     
  9. AGC4ME

    AGC4ME Registered Users (C)

    I don't know what you are talking about here. Almost all the judges have agreed that Declaratory Judgment doesn't provide an independent basis of jurisdiction. If an N-400 applicant had an interview then 1447(b) provides the district court with jurisdiction otherwise the applicant has to use Writ of Mandamus or APA to provide jurisdiction.
     
    Last edited by a moderator: Oct 21, 2009
  10. lazycis

    lazycis Registered Users (C)

    Declaratory judgment act does not provide independent basis for jurisdiction. There is no reason to argue about this in your opposition. You have to build your opposition on other corner stones. You are in MD so you can use this brief as a template for your opposition:
    http://www.immigrationportal.com/attachment.php?attachmentid=16912&d=1188387272
     
  11. lazycis

    lazycis Registered Users (C)

    1. My understanding is that you do not have to file appearance form if you are Pro Se, but I did it just in case.
    2. Good job.
    3. Some circuits require informal briefs first, especially for Pro Se plaintiffs. For example, xiaocao in 4th Cir. had to submit informal brief. Maybe your court had the same rule in the past. I did not find the same requrement in the current version of FRAP for your circuit. Did you?
     
  12. Slow_CIS

    Slow_CIS Registered Users (C)

    I did not find it in our circuit's FRAP but I had seen it in xiaocao docket and that was why I asked.
     
  13. zlcjf

    zlcjf Registered Users (C)

    Wonderfully written

    Thanks, Lazycis. This brief disputes all the arguements my AUSA have in his MTD. Can I simply copy and paste them and submit it to the Court? Compared to this brief, my writing is junk. :-(
     
  14. AGC4ME

    AGC4ME Registered Users (C)

    Namechecktracker yahoo group

    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.
     
  15. lazycis

    lazycis Registered Users (C)

    Sure, you can use it. xiaocao wrote that brief based on mine so I'm sure he won't mind.
     
  16. Pengdi

    Pengdi Registered Users (C)

    Supplement/correct document with the court

    Lazycis and other members,

    I retained one of the lawyers you suggested to file the WOM for my AOS. I found one of the exhibits was missed in the complaint he filed with the court. Can you advise any way/method for fixing that? I may need to keep actively involving in the whole process in case my lawyer is too busy to take care of my case or ignore something.

    Thank you for your help.

    Best regards,
    Yongwen
     
  17. lazycis

    lazycis Registered Users (C)

    Yongwen

    Talk to your lawyer first, it should not be a big deal to fix the mistake. Also, make sure the exhibit is indeed missing among those papers filed with the court. Sometimes omissions happen when the court clerk scans documents into PACER (happened to another member recently).
     
  18. lazycis

    lazycis Registered Users (C)

    FBI name check - updated

    I updated the document regarding FBI name check to include that info.
     
  19. zlcjf

    zlcjf Registered Users (C)

    Help!


    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?

    P.s. I have until next Friday to reply MTD, Should I include my current situation in the MTD?
     
  20. AGC4ME

    AGC4ME Registered Users (C)

    Hi zlcjf, you can do a couple of things. Since 90 days are up since you applied you can go to the local USCIS office and ask them to issue a temporary EAD. Some offices know about it and some don't. My local USCIS office refused to isse the temp EAD but there does exists a standing instruction to all offices to issue temporary EAD.

    Keep trying to contact the AUSA. The amount of cooperation depends on the district and circuit. If your district and circuit favors the Government then don't expect any help from him.

    There's no need to think twice about including your current situation in your MTD. Stress that your EAD has expired, USCIS has not renewed it and if you have a family then say that your family is facing an uncertain future not because of any of your action but solely to an agency inaction. It is imperative to show harm to you and your family due to this inaction. If the only harm you show is "naturalization is delayed" courts may not be swayed.
     

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