frustrated,
You need to look into pacer and select a few complaints and then draft your own. Yes, you would need exhibits. PM me with your email for a word template.
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
frustrated,
You need to look into pacer and select a few complaints and then draft your own. Yes, you would need exhibits. PM me with your email for a word template.
frustrated_alot
Registered Users (C)
ncblackhole
Registered Users (C)
If you are registered on PACER, see last cases for Newark, NJ office.. it should have all the info. See any case which is week or 2 weeks old for WOM (540)..
Otherwise, someone on this forum may already know that info..
Depending on your local court rules you may not even need the return receipts. It is unlikely that you will ever receive one from the FBI. In Northern California according to a Pro Se Handbook you do not even need the return receipt – just the web printout and a copy of your Certified Mail receipt. The majority of the litigants still request the return receipts but I have not seen them filing the receipts with the court.
If you do want the return receipts that never come – you may go to the post office with your Certified Mail receipt and they will issue you copies of the return receipts that are acceptable as a proof of service.
Best of luck,
snorlax
Last edited by a moderator:
Filing Lawsuit
(
Please helppppppHi All,
My interview for citizenship was in 2004. My lawyer filed a lawsuit more than a month ago and I am still waiting.
What is the next step?
Please help....
(Please helpppppp
If you hired a lawyer, and filed a lawsuit,you should let him take care of it...
After you serve the defendants they have 60 days to give you an answer, so just wait and see...
Hiram,
Just write District Director, No need to mention name. Thats what I did since you are sueing in their official capacity
Do not worry, trust your Attorney
Hi eli123,
There are different scenario, depends upon individual situations, district and AUSA.
Usually after serving the summons to AUSA, government agencies have 60 days to respond to the court. A response could be an “answer”, a motion to dismiss or an extension. In an answer, AUSA accept some charges and denies some, and ask judge to dismiss the case. In a Motion to Dismiss, AUSA tells the judge that court does not has jurisdiction on this matter (most of the time, but could be some different arguments too), so dismiss the case. For an answer you do not need to do any thing but for a MTD you need to file a counter motion. On your counter motion AUSA will file a brief (saw most of the time), at this stage judge will decide that if there is a need for verbal arguments, but most of the time judge rule on the case because in 1447b or WoM cases it is only matter of interpretation of different rules and laws. Some time case could go to pre trial, discovery, and trail phase too.
You must need to read California Pro Se hand book that was posted on this forum several times, you can also search on the web for it. This hand book has all the info about the different stages in detail.
I totally understand your anxiety but you have to trust your attorney. This individual is a professional and knows more then us.
Good luck
Sajjad
Please helpppppp
Hi eli123,
There are different scenario, depends upon individual situations, district and AUSA.
Usually after serving the summons to AUSA, government agencies have 60 days to respond to the court. A response could be an “answer”, a motion to dismiss or an extension. In an answer, AUSA accept some charges and denies some, and ask judge to dismiss the case. In a Motion to Dismiss, AUSA tells the judge that court does not has jurisdiction on this matter (most of the time, but could be some different arguments too), so dismiss the case. For an answer you do not need to do any thing but for a MTD you need to file a counter motion. On your counter motion AUSA will file a brief (saw most of the time), at this stage judge will decide that if there is a need for verbal arguments, but most of the time judge rule on the case because in 1447b or WoM cases it is only matter of interpretation of different rules and laws. Some time case could go to pre trial, discovery, and trail phase too.
You must need to read California Pro Se hand book that was posted on this forum several times, you can also search on the web for it. This hand book has all the info about the different stages in detail.
I totally understand your anxiety but you have to trust your attorney. This individual is a professional and knows more then us.
Good luck
Sajjad
PLease Reply!
Hello everyone!
Hope everyone is doing fine. I will be very thankful if any body especially Paz, Wenlock, Logetechguy, 786riz and all other senior members can comment on this. This is a response from AUSA of a 1447b complain in my district, EDNY. It seems to me that this is an answer and NOT a MTD. But, I am not sure. Please let me know your opinioins. I will be very thankful to all. And please keep up the good work. Plz understand that this is Not my case. As I am serching PACERs to see the similar cases, I saw this one, which is just posted some days ago. I also saw the complain and it was really a bad complain. But my concern here is to find out whether this is an ANSWER or MTD. Thanks everyone!! Good luck to all!! regards, dude
Hello everyone!
Hope everyone is doing fine. I will be very thankful if any body especially Paz, Wenlock, Logetechguy, 786riz and all other senior members can comment on this. This is a response from AUSA of a 1447b complain in my district, EDNY. It seems to me that this is an answer and NOT a MTD. But, I am not sure. Please let me know your opinioins. I will be very thankful to all. And please keep up the good work. Plz understand that this is Not my case. As I am serching PACERs to see the similar cases, I saw this one, which is just posted some days ago. I also saw the complain and it was really a bad complain. But my concern here is to find out whether this is an ANSWER or MTD. Thanks everyone!! Good luck to all!! regards, dude
This is an Answer
Hey DUDE,
This is just an “answer” to a complaint. You can see on the top is says “response” and also AUSA is accepting and denying different charges.
Good Luck.
Hey DUDE,
This is just an “answer” to a complaint. You can see on the top is says “response” and also AUSA is accepting and denying different charges.
Good Luck.
It is an Answer.
A few questions Re. I485 WOM Affidavit of Support
1. Anybody knows total cost of renewing following EAD/AP and H1b? I heard my lawyer says $180 roughly for EAD and AP, but that is just filing fee. I need to know rough cost including attorney fee. I heard another large law firm says $550 for EAD/AP and $1500 for H1b (including filing and attorney fee). Not sure if these numbers are reasonable to use. I don't want to use numbers that are out of norm.
2. I am starting to draft a "Affidavit of Support" so my lawyer can include in Opposition to Motion to Dimiss. This document needs to contain only facts, and leave out any arguments. The framework looks something like below. My question is whether it is appropriate to cover d, e and f. D may be appropriate, but f is kind of subjective (arguments?), and e is really not a right but a previlage (and also dependent on approval of I485, not simply adjudication of I485). Thoughts?
a. Damage to my professional career
b. Finnancial burden from EAD/AP renewal costs
c. We have lost significant work time
d. Complications to work and life planning (likely to cover fear of travel outside US and fear of purchasing home in case penbding AOS denied).
e. Delay to citizenship eligiblility
f. Final word: while the delay continues with no end in sight, the hardship and financial burden has accumulated to such a point that it is increasingly intolerable. The delay is known to have affected the mental and physical health of other people in similar situation. And it is affecting our family and our loved ones.
1. Anybody knows total cost of renewing following EAD/AP and H1b? I heard my lawyer says $180 roughly for EAD and AP, but that is just filing fee. I need to know rough cost including attorney fee. I heard another large law firm says $550 for EAD/AP and $1500 for H1b (including filing and attorney fee). Not sure if these numbers are reasonable to use. I don't want to use numbers that are out of norm.
2. I am starting to draft a "Affidavit of Support" so my lawyer can include in Opposition to Motion to Dimiss. This document needs to contain only facts, and leave out any arguments. The framework looks something like below. My question is whether it is appropriate to cover d, e and f. D may be appropriate, but f is kind of subjective (arguments?), and e is really not a right but a previlage (and also dependent on approval of I485, not simply adjudication of I485). Thoughts?
a. Damage to my professional career
b. Finnancial burden from EAD/AP renewal costs
c. We have lost significant work time
d. Complications to work and life planning (likely to cover fear of travel outside US and fear of purchasing home in case penbding AOS denied).
e. Delay to citizenship eligiblility
f. Final word: while the delay continues with no end in sight, the hardship and financial burden has accumulated to such a point that it is increasingly intolerable. The delay is known to have affected the mental and physical health of other people in similar situation. And it is affecting our family and our loved ones.
I485 WOM related Cases?
Hi, folks,
I found following notes I took a while back ago. Can someone help me find these cases (either a case document downloaded from Pacer, or a case number so I can find them in Pacer)? I am mostly interested in #1 and #3 given they are newer cases. I don't know how to find these cases as the citations are not how Pacer recognizes. Thanks!
1. Razik, 2003 U.S. Dist. LEXIS 13818, at *5-8 (denying respondents’ motion to dismiss the petitioners’ case; noting that applications had “languished for two years and yet the INS has done nothing”);
2. Yu, 36 F. Supp. At 935 (denying defendants’ motion for judgment on the pleadings; noting that plaintiff’s application had been pending for two and a half years);
3. Paunescu, 76 F. Supp. 2d at 902-03 (ordering defendants to process plaintiffs’ applications; noting that application had been pending for two years, that plaintiffs were “the victims of a bureaucratic nightmare,” and that the delay was largely attributable to the government’s “misfeasance”);
4. cf. Galvez v. Howerton, 503 F. Supp. 35, 39-40 (C.D. Cal. 1980) (finding that the INS engaged in affirmative misconduct in processing petitions for adjustment of status and that therefore defendants were estopped from denying the plaintiffs permanent resident status; noting that one example of affirmative misconduct was a six-month delay by defendants in processing).
Hi, folks,
I found following notes I took a while back ago. Can someone help me find these cases (either a case document downloaded from Pacer, or a case number so I can find them in Pacer)? I am mostly interested in #1 and #3 given they are newer cases. I don't know how to find these cases as the citations are not how Pacer recognizes. Thanks!
1. Razik, 2003 U.S. Dist. LEXIS 13818, at *5-8 (denying respondents’ motion to dismiss the petitioners’ case; noting that applications had “languished for two years and yet the INS has done nothing”);
2. Yu, 36 F. Supp. At 935 (denying defendants’ motion for judgment on the pleadings; noting that plaintiff’s application had been pending for two and a half years);
3. Paunescu, 76 F. Supp. 2d at 902-03 (ordering defendants to process plaintiffs’ applications; noting that application had been pending for two years, that plaintiffs were “the victims of a bureaucratic nightmare,” and that the delay was largely attributable to the government’s “misfeasance”);
4. cf. Galvez v. Howerton, 503 F. Supp. 35, 39-40 (C.D. Cal. 1980) (finding that the INS engaged in affirmative misconduct in processing petitions for adjustment of status and that therefore defendants were estopped from denying the plaintiffs permanent resident status; noting that one example of affirmative misconduct was a six-month delay by defendants in processing).
Processing Time By Service Center
I am looking for current published processing time for I485 cases from California Service Center, but stumbled across this link
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=California
I am still trying to figure out what this link is talking about. Is there still a published table detailing declared ("fake" really ;-)) process time by application type?
Thanks.
I am looking for current published processing time for I485 cases from California Service Center, but stumbled across this link
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=California
I am still trying to figure out what this link is talking about. Is there still a published table detailing declared ("fake" really ;-)) process time by application type?
Thanks.
Please share why you think the original complaint is of low quality. This will benefit many who plan to file. All of us don't want to repeat the same mistakes. Any failed law suit will be a bad blow to all of us in the fight.
This is answer to your complaint. THis is much better than MTD. Now you automatically moves into discovery phase. Put together your discovery plan and call your AUSA. Schedule personal meeting and present him your discovery plan. He might ask you some stuff too if he wants but I don't think they need any more information.
I am sure AUSA will resist discovery but you can ask for court order for discovery requests as long as they are related to your case. If AUSA his pressed hard he will file MTD with Summary Judgement but good thing is that it will not hinder discovery as he answered your complaint already so discovery should continue till Judge rules on Motion to Dismiss.
With discovery requests you can put extra pressure on USCIS and FBI to finish your name check.
ncblackhole
Registered Users (C)
Can you say things like:
1) want to bring parents or siblings here and need citizenship to sponser them
2) Want to do Govt. job and can't without citizenship?
ncblackhole
Registered Users (C)
Seniors can you comment on this..
I saw this case on another forum today.. I have not done any research yet but is it possible or I should say common that USCIS denies your application after you lose AOS 485 WOM case and then you are required to leave or deported from here.
This seems like one such example but may be there is more into this case which we don't know. I am not sure if this person was filing for AOS through family based case or asylum or job?
Is anyone familiar with this case? If this is a normal case for AOS through spouse then it is scary ..
If anyone knows please comment
Thanks
I saw this case on another forum today.. I have not done any research yet but is it possible or I should say common that USCIS denies your application after you lose AOS 485 WOM case and then you are required to leave or deported from here.
This seems like one such example but may be there is more into this case which we don't know. I am not sure if this person was filing for AOS through family based case or asylum or job?
Is anyone familiar with this case? If this is a normal case for AOS through spouse then it is scary ..
If anyone knows please comment
Thanks