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

Hi Lazycis,
I filed complaint 5 weeks ago. I talked with AUSA 2 times. He said he would help me and let me send him my original I-140 petition the first time. and when I called second time. He said the same thing and told me he hadn't received my mail. I said that I sent it with certified mail and I had your signature. Then he started to say he will look at it and call me. Therefore, I believe that I can not trust him absolutely.
I already filed Request for Documents followed with your suggestion. While waiting for his reply. What else I can do? If he filed MTD, will I see it? How can I reply?
Thanks a lot.
 
Slow_CIS said:
To me releasing the visa numbers sounds discretionary. Therefore, it would not help the I-485 cases. You may want to look at the subchapter II of chapter 12 of 8 USC where in counts the discretionary relieves.
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If USCIS requests visa numbers then DoS has to give them one, if they have it. DoS and USCIS are duty bound to use all visa numbers. Read Galvez v. Howerton. DoS and USCIS cannot withhold visa numbers. It's an affirmative misconduct. Now that we understand the FBI process the next thing would be to understand the priority date calculation.
 
lazycis

I saw that my appeal has been successfully docketed to the Seventh Circuit Court. I am going to prepare my brief. Here I have some questionss regarding the writing of the brief:

1. On reading samples you kindly supplied in your previous input, I saw many citations are labeled as "(JApp 55-58)", "(JApp 59)", "(JApp at 7)", or "("GBr")", "(GBr at 13)". What do these abbrevations mean? What are the difference of these labels from the Docketing Number that you also used somewhere in your brief?

2. For all the list of TABLE OF AUTHORITIES and Statutes & Rules and Legislative Reports, do we need to find and file all these documents with the brief or we just file the list and leave the court to find these legal papers.

Thanks!

I-140EB1-A AD 04/05
I-485 RD 10/04
WOM Pro Se filed 12/06, Dismissed 09/07
Notice of Appeal filed 10/07
 
1. "JApp" means Joint Appendix. Beside the brief, you have to prepare a joint appendix that will include case docket report (from PACER) and relevan docket entries from the district court, i.e your complaint with exhinits, MTD, your opposition (if you want to include it, I did not to save on paper) and judge's order and opinion on MTD.
"GBr" means Government Brief. I defined those abbreviations myslef, You can use something else, if you want to (i.e. JA and GB), just define it in the brief.

2. Table of Authorities is just a reference to cases, statutes, etc. used in your brief. No need to file them along with your brief. You can include an extract from statutes and regulations relevant to the case as exhibit to the brief, but I would not bother.
 
AGC4ME said:
If USCIS requests visa numbers then DoS has to give them one, if they have it. DoS and USCIS are duty bound to use all visa numbers. Read Galvez v. Howerton. DoS and USCIS cannot withhold visa numbers. It's an affirmative misconduct. Now that we understand the FBI process the next thing would be to understand the priority date calculation.
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Agree. Priority date question is not difficult to figure:
8 USC 1153 Allocation of immigrant visas
(e) Order of consideration
(1) Immigrant visas made available under subsection (a) or (b) of this section shall be issued to eligible immigrants in the order in which a petition in behalf of each such immigrant is filed with the Attorney General

What is difficult to figure how waiting list for visas is maintained by DoS. To me it sounds like it should be sorted by the date I-485 is filed. Want to add DOS Secretary as a defendant and send another request for documents?
 
Thanks lazycis! I got it.

So when I file the brief, I should affiliate all the document from the docketing entries in the Distric Court to the Appeal Court, is that correct? Or the appeal court will find the document by itself? As you know, everybody can see the whole filing history in PACER. I ask since the appeal court is three hours driving away from my house and I will file my brief to the court by mail.

Thanks!

I-140EB1-A AD 04/05
I-485 RD 10/04
WOM Pro Se filed 12/06, Dismissed 09/07
Notice of Appeal filed 10/07
 
lazycis said:
Agree. Priority date question is not difficult to figure:
8 USC 1153 Allocation of immigrant visas
(e) Order of consideration
(1) Immigrant visas made available under subsection (a) or (b) of this section shall be issued to eligible immigrants in the order in which a petition in behalf of each such immigrant is filed with the Attorney General

What is difficult to figure how waiting list for visas is maintained by DoS. To me it sounds like it should be sorted by the date I-485 is filed. Want to add DOS Secretary as a defendant and send another request for documents?
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So it means that Receipt date should be the factor not the labor file date as it exists today.... Another violation ?
 
TLongTLong said:
Thanks lazycis! I got it.

So when I file the brief, I should affiliate all the document from the docketing entries in the Distric Court to the Appeal Court, is that correct? Or the appeal court will find the document by itself? As you know, everybody can see the whole filing history in PACER. I ask since the appeal court is three hours driving away from my house and I will file my brief to the court by mail.

Thanks!
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The district court forwarded you docket already to the court of appeals. So the circuit court has all the documents. Joint Appendix will include most relevant entries (not all documents) which are important for appeal consideration. You should work with AUSA to decide what documents (or parts of documents) you want to include into Joint Appendix. PM me with you e-mail, I can send you sample letter I sent to AUSA.
No need to drive to the court, you can easily resolve any question by phone. Do not be hesitant to call the clerks, they are usually very friendly and ready to help.
 
AGC4ME said:
So it means that Receipt date should be the factor not the labor file date as it exists today.... Another violation ?
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I am not sure. It's either I-140 filing date or I-485 filing date. LC petition is filed with the Secretary of Labor and should not come into play. May be I'm wrong. If LC is considered as petition for immigrant visa, LC filing date would be priority date.
 
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lazycis said:
I am not sure. It's either I-140 filing date or I-485 filing date. LC petition is filed with the Secretary of Labor and should not come into play. May be I'm wrong. If LC is considered as petition for immigrant visa, LC filing date would be priority date.
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Here's the way it works for employment based petitions.

EB2 and EB3 need to get a letter from secretary of labor. Whereas EB1s file I140 and 485 directly. This is a prerequisite for the petition for immigrant visa. But is definitely not an Attorney General deal. Therefore USCIS and DOL are again misinterpreting the statutes and laws. The Statutes clearly say that USCIS should work on Receipt date not on priority date because USCIS has control over the petition only after it receives it. The very act of applying for adjustment of status is something that the applicant has to do. If a person with earlier priority date slackens and applies for adjustment of status very late then that person shouldn't push the queue back with his priority date but should stand back in the queue due to his receipt date. Man USCIS is just so badly screwed.
 
Good point that the person filing for AOS is the direct beneficiary of I-485. So it should be the filing date of I-485.
 
Ques:
Is there anything one should not be doing after filing WOM ?
like, is it detrimental, if one still keeps in touch with the local Senator to find out about the name check ?
or takes infopass appts/talks to IO over the phone about the issue ?
can one send email/letter to FBI/USCIS to expedite the case(like earlier unsuccessful attempts).
 
Action Alert: Report Immigration Delays

ACTION ALERT: REPORT IMMIGRATION DELAYS

Since September 11th 2001, individuals of South-Asian, Arab and Muslim backgrounds have experienced inordinately long delays in the processing of their immigration and citizenship applications.

Based on successful resolution of such cases brought to the attention of various CAIR chapters across the country, CAIR-PA is currently pursuing appropriate action on behalf of individuals whose waiting time has exceeded statutory limitations.

ACTION REQUESTED: If you currently live in Pennsylvania and are experiencing delays or know of someone who is, please submit our Immigration Delay report form (http://pa.cair.com/index.php?Page=immdelay&Side=crights ) to find out if your case qualifies for assistance.


PLEASE FORWARD AND POST THIS MESSAGE IN MANY FORUMS... IF PEOPLE COME TOGETHER, THEY WILL MAKE THE CHANGE NOT ONLY IN PA BUT EVERYWHERE ELSE !!!
ALSO SIMILAR THING IS GOING ON IN CALIFORNIA
 
Congratulations!

lenaf said:
Hi
As soon as I dismissed my case (yesterday), attorney's office sent me the oath letter for Nov23 ! I couldn't beleave it, it took them 40 days to finish off my case, which was dragging for the last 2 years.
My case was very easy:
N400 interview in Jan 2006 N. CA, and nothing after
1447(b) filed Sep 5 2007
second FP Oct 18 2007
stipulation to dismiss Oct 22 2007
oath letter for Nov23 2007

Big thanks again to LazyCIS, AG4ME, Publicus, Paz1960 and other members on this board.
Good luck to you, LazyCIS, I'll be following your progress and waiting till you win.
I'll attach my complaint in a moment, although it's just a compilation of other ones I found. I'll stick around a little to see if I could help with some very easy questions.

I wish you all strength and patience to fight for what you deserve. And I'm very sorry that many cases here are not as easy as mine.
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Congratulations to you!

Enjoy the oath ceromony! Your case is a great example for all those with pending N-400 after the inetrview who are hoping that a miracle will happen without doing anything. By the way, my case took almost the same time to approve. However, my comaplaint was very very long. I attached more than thirty exhibits. Hi, I wanted to give some pain to CIS people:cool:. Good luck to you and everyone still fighting on the forum. Regards, dude
 
Is it legal/ok to take someone else's complaint and modify it to use it for your own 1447b lawsuit? I mean, how often does that happen? I found a really good one and want to use it, can I?
 
Lawsuit filed in Northern Calif

I got sick of waiting for my namecheck to be cleared. So I recently filed a lawsuit (pro se) using info posted on this web site. Thanks for all of your help!!

A certified letter w/ the complaint + summons form was sent out to
Emilio Gonzalez
Robert Mueller
Michael Chertoff, and
local USCIS director

A copy of the complaint was sent out to
local district US attorney general, and
Acting US attorney general.

Hopefully this will resolve quickly

Here are the dates:
10/12/2005: Applied for US citizenship
11/14/2005: Namecheck initiated by INS
2/23/2006: Passed interview but name check pending
5 infopass appts, 3 letters to INS inquiring about status and 10 letters sent to senators/congressman/Laura Bush etc etc later, the namecheck situation is still not resolved.
10/19/2007: Filed lawsuit.
10/23/2007: All certified letters sent out!!

Now the wait starts
 
stat said:
Is it legal/ok to take someone else's complaint and modify it to use it for your own 1447b lawsuit? I mean, how often does that happen? I found a really good one and want to use it, can I?
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Everything filed with the court is a public record, so I doubt there are any copyright issues associated with this. No a legal advice though :)
 
Group MOM by Murthy

Is anyone considering joining the group lawsuit being proposed by their law offices? I sent them my case details a few days ago but I am still not 100% sold on this. However, I am going to join their conf. call scheduled for Friday the 26th to find out more details such as the fee, downside risks etc.

Just wondering if anyone out here is also thinking about this.
 
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