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

veryfree said:
Lazycis, AGC4me
Thank you very much for your answers.
Do you have sample of good argument about USCIS can request a visa number from DOS?
Thanks
Click to expand...

Yes, in June 2007, the USCIS requested 60,000 visa numbers to make it impossible to file AOS application in July. (see attached doc)

Another one
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=8468446ca61231a32c3c753e7ee2ff5c

OI 245.4 Request for immigrant visa number.
(a) Section 245.
(1) General. Except when an alien is not subject to the numerical limitation on immigration, or when the application is clearly deniable, Form I-181, in duplicate, shall be sent directly to the Visa Control Office for allocation of an immigrant visa number. This shall be done during initial processing of the application. Forms I-181 relating to members of families should be forwarded fastened together.


"This shall be done during initial processing of the application" is especially amusing. Not sure how old is that manual, but it is on the USCIS website.
 
Last edited by a moderator:
Are there any suggestions to write in WOM to avoid visa number backlog issues? May be to include Rice in a list of defendants?

Thank you.
 
all retrogression womers add RICE

Yup.. I am waiting for AUSA MTD(Due 26th Dec). I will then file motion to leave
to amend complaint for 3rd time; will add RICE as defendant and spouse as plaintiffs..Since iam pro-se, I cannot represent my spouse.

Probably we can quote AGC4ME case to AUSA & USCIS. His case seems to have been adjudicated after the retrogression started :)
My argument is the following:
1. If judge orders USCIS to adjudicate.. USCIS must adjudicate if possible(to prevent being held in contempt of court).
2. There have been prior fiscal years where numerically limited quotas have been exceeded and this are permitted under statutes(under select conditition)..So going over the per-country-limit has a precedence.
3. The visa bulletin merely states(right_now) that visa numbers are available for a older priority date(i.e.. it is not UNAVAILABLE).. and USCIS is at fault for plaintiff's plight and is in a position to grant relief. so it should. plaintiff was current when he filed 485 & when complaint was filed..
Does anyone know of a court order for a plaintiff affected by retrogression ?
AGC4ME said:
Yep. If anyone filed WOM without Rice, amend your complaints and include Department of State.
Click to expand...
 
Hello,
I have been reading the posts on this forum for a long time. I joined last September. I posted only one question. I read more than I talk.

I took the Citizenship test, I was told that the name check was pending. I have been waiting for over two years. Last October I filed the law suit. Then, I received a package from DOJ informing me that there is a counter law suit. Then, on 11/30/2007, the judge ruled against me. Now, I don't know what to do. Please advise.
 
Oh, today I had to go back for a second set of fingerprints. I was told that my fingerprints were EXPIRED!!! Can you believe that? I told the guy that I did not grow new set of prints... He laughed! I believe they're just buying time. What do you think?
 
wom_ri said:
Since iam pro-se, I cannot represent my spouse.

Probably we can quote AGC4ME case to AUSA & USCIS. His case seems to have been adjudicated after the retrogression started :)
Click to expand...

If you and your spouse are in the same complaint it doesn't matter. if your spouse files a separate complaint then you can definitely "help" her.

My case was slightly different. USCIS claimed that visas were made available to me based on pre-adjudication during visa availability. Unfortunately for my wife they didn't schedule an interview till after the fiscal year ended so she has to now wait for a visa number available period. In fact USCIS stated that they will adjudicate as soon as a visa number is available but I'm just pushing my luck.
 
imcis said:
Hello,
I have been reading the posts on this forum for a long time. I joined last September. I posted only one question. I read more than I talk.

I took the Citizenship test, I was told that the name check was pending. I have been waiting for over two years. Last October I filed the law suit. Then, I received a package from DOJ informing me that there is a counter law suit. Then, on 11/30/2007, the judge ruled against me. Now, I don't know what to do. Please advise.
Click to expand...

Can you post the ruling? It's hard to advise without it.
 
ORDER
This matter comes before the court on defendant's motion to dismiss the complaint. It appears to the court that the Plaintiff's immigration examinations have not been completed because the USCIS has not received confirmation from the FBI that Plaintiff's background checks have been completed. Thus, this court lacks jurisdiction over this matter and it is hereby ordered the Defendents' Motion to dismiss the complaint is GRANTED and Plaintiff's complaint is DISMISSED without prejudice.

United States District Judge

Alexandria, VA 11/30/2007
 
Wom_ri,

How would you add your spouse as plaintiff in the amendment? I think I might need to make the same amendment. I did not add my wife in the complaint since she had name check cleared. Is there any template?
Thanks.

wom_ri said:
Yup.. I am waiting for AUSA MTD(Due 26th Dec). I will then file motion to leave
to amend complaint for 3rd time; will add RICE as defendant and spouse as plaintiffs..Since iam pro-se, I cannot represent my spouse.

Probably we can quote AGC4ME case to AUSA & USCIS. His case seems to have been adjudicated after the retrogression started :)
My argument is the following:
1. If judge orders USCIS to adjudicate.. USCIS must adjudicate if possible(to prevent being held in contempt of court).
2. There have been prior fiscal years where numerically limited quotas have been exceeded and this are permitted under statutes(under select conditition)..So going over the per-country-limit has a precedence.
3. The visa bulletin merely states(right_now) that visa numbers are available for a older priority date(i.e.. it is not UNAVAILABLE).. and USCIS is at fault for plaintiff's plight and is in a position to grant relief. so it should. plaintiff was current when he filed 485 & when complaint was filed..
Does anyone know of a court order for a plaintiff affected by retrogression ?
Click to expand...
 
imcis said:
ORDER
This matter comes before the court on defendant's motion to dismiss the complaint. It appears to the court that the Plaintiff's immigration examinations have not been completed because the USCIS has not received confirmation from the FBI that Plaintiff's background checks have been completed. Thus, this court lacks jurisdiction over this matter and it is hereby ordered the Defendents' Motion to dismiss the complaint is GRANTED and Plaintiff's complaint is DISMISSED without prejudice.

United States District Judge

Alexandria, VA 11/30/2007
Click to expand...

Are you kidding? The judge had a nerve to do that after Etape's ruling?
You should've filed motion to reconsider based on Etape v. Chertoff ruling in your circuit.

http://pacer.ca4.uscourts.gov/opinion.pdf/061916.P.pdf

Now you have to appeal the dismissal, if you want to.
 
Thank you guys for your advice. I appreciate it very much.

Right now, I am lost, I was going to do one of two; either file a motion against the FBI or hire a lawyer. Because, this is becoming so confusing.
 
I believe this is it:

Condoleezza Rice
United States Secretary of State
U.S. Department of State
2201 C Street NW
Washington, DC 20520
 
imcis said:
Thank you guys for your advice. I appreciate it very much.

Right now, I am lost, I was going to do one of two; either file a motion against the FBI or hire a lawyer. Because, this is becoming so confusing.
Click to expand...

file a motion to reopen/reconsider and just print Etape ruling and include as exhibit.
 
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