1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

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

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

  1. Hiram

    Hiram Registered Users (C)


    Vicky congrats
    can u plz give us someinfo on ur case (type and time line)
  2. OLKO

    OLKO Registered Users (C)

    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
  3. OLKO

    OLKO Registered Users (C)

    While you wait for your EAD


    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: Oct 3, 2007
  4. marali

    marali Registered Users (C)

    First Step!

    Mailed letter to the First Lady today.

    PD 4/3/06
    FP 4/29/06
  5. OLKO

    OLKO Registered Users (C)

    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?
    Last edited by a moderator: Oct 3, 2007
  6. Chrismartin76

    Chrismartin76 Registered Users (C)

    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?

  7. greenpea

    greenpea Registered Users (C)

    Thanks,,,what defines "sensitive info"?

    Last edited by a moderator: Oct 24, 2007
  8. greenpea

    greenpea Registered Users (C)

    about proposed order

    Last edited by a moderator: Oct 24, 2007
  9. lazycis

    lazycis Registered Users (C)

    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.
    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.
  10. Chrismartin76

    Chrismartin76 Registered Users (C)

    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.
  11. wommei

    wommei Registered Users (C)


    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".
  12. Bou

    Bou Registered Users (C)


    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. :-((

  13. lotechguy

    lotechguy Registered Users (C)

    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.
  14. XG1970

    XG1970 Registered Users (C)


    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,
  15. zlcjf

    zlcjf Registered Users (C)

  16. greenpea

    greenpea Registered Users (C)

    Thank you so much.

    Last edited by a moderator: Oct 24, 2007
  17. greenpea

    greenpea Registered Users (C)

    please help..

    Last edited by a moderator: Oct 24, 2007
  18. greenpea

    greenpea Registered Users (C)

    going to court soon

    Last edited by a moderator: Oct 24, 2007
  19. greenpea

    greenpea Registered Users (C)

    Thank you

    thank you for the spreadsheet! great job.
  20. Slow_CIS

    Slow_CIS Registered Users (C)


    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

Share This Page