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

Ombudman- xposting

I just got a reply today from Ombudsman re my inquiry today.



On the letter they didn't give me any case # (as someone in another thread mentioned he got). rather said I would hear something from USCIS within 45 days if not then to contact Ombusdman again...and it was letter how the issue that I brought up (name check) will help them in suggesting more improvements in USCIS policies or some such.

Did anyone get such reply from the Ombudsman? Does this sound promising in any way or form? I just don't know what to think of it...:confused:
 
Another 4th circuit victor!

Hello everyone,

For those in the 4th circuit, Judge Brinkema gave another decision denying gov's MTD. This was in the Eastern District of VA.
 
mmlulin said:
Don't hold your breathe. It's just a standard reply. I got it twice. Yet, I am still here reading posts. It's neither promising nor not-promising. However, keep these stuff when filing WOM
Click to expand...

okay, thank you! that's exactly what i wanted to know whether or not it was one of their regular bs. That 45 days sounds fishy...that's what uscis used to give before while making any inquiry over the phone...now they extended to 6 months. figures.:mad:
 
Really distraught - need help

Dear Friends,

I really need some help and advise. Here is my situation:

My wife is currently on a Green Card. She filed for her US citizenship in May 2006. Of course, as our (bad) luck would have it, her case is stuck in the vicious FBI name check. It will be 2 years this May since she filed to be a USC but we haven't heard anything yet.

I am on H1B visa. I came originally on F1 and after completing my Masters, transferred to H1B. My H1B came in effect in January 2005. It was initially filed for 3 years (which means it ended in December of 2007). However, in early 2007, my H1B extension was filed and my extension was valid from Feb-2007 to Nov - 2009.

In January 2004, my wife filed an I-130 petition for me. This was obviously a green-card holder filing for a spouse (Family Based Preference 2A). A few months ago, we received an I-797 (Notice of Approval) saying that the I-130 petition my wife filed for me was approved. However, it said that unfortunately a visa number was not available at that time and hence I would have to wait. My priority date is Jan 04. I am from India. I checked today and they are still processing priority dates of March 15th 2003.

Here are my questions:
1. What's the best way to expedite my wife's case? My wife has written letters (to first lady, senator obama, fbi director and ombudsman. We wrote letters only once because the replies we received all said the same thing - uscis and fbi are working on it. Should I file a WOM? Does that really help?
1. Since the I-130 petition was approved and I am only awaiting a visa number, what happens when they start processing the priority dates of Jan 2004? Would I be getting my Green Card then.
2. Do I have a higher possibility of getting my Green Card through that I-130 rather then waiting for my wife to get her citizenship?
3. My work-folks are ready to file a green-card for me but I am slightly wary. First of all, from very start they have told me that this is a very difficult process and they would still try best but no guarantees. It's going to tie me to this job till I get my Green-Card (which is 4-5 years). Believe it or not but they stalled my raise saying that it's either this or that.

I am not sure what to do here. We are also planning a family. I want to get into an MBA school but right now my fees are almost double because I am on H1B and not a permanent resident. We are confused and distraught. What is the best way to tackle this situation?

I really really appreciate your responses.

- Rahul
 
Rahul ,

Your best bet to get a GC is to expedite wife's citizenship application. When she becomes citizen, a visa number will be immediately available to you. She will need to write to the USCIS and ask to upgrade your I-130 to 1st preference category.
The most effective way way to expedite your wife's application is to file a lawsuit. Did your wife have a citizenship interview? In any case, use this page as a guide and file a lawsuit asap
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps
 
Last edited by a moderator:
Another question. I read somewhere couple of pages before someone mentioned faxing letter to cannon fbi. I've searched on google...cannon and fbi thing, only thing I find is an article from some paper.

Does anyone have any fax # for them? I would also want to send a letter ....don't know if this would help my case or not but would like to try at least.
 
Feb2005 said:
Another question. I read somewhere couple of pages before someone mentioned faxing letter to cannon fbi. I've searched on google...cannon and fbi thing, only thing I find is an article from some paper.

Does anyone have any fax # for them? I would also want to send a letter ....don't know if this would help my case or not but would like to try at least.
Click to expand...

Don't bother writing to Mr. Cannon, he has no heart and never responds. File a WOM, my friends in New York got approval 3 weeks after filing a lawsuit.
 
Thanks for your response lazycis. I had a question and a request:

1. I started going through these boards and noticed that your contribution is simple awesome and so helpful. You have also posted several useful documents and attachments to these boards. Is there a way I can access all those documents you have posted or would I have to go through all the pages? At least, I was able to figure out that your first post was on page 333!

2. I am thinking of writing a second round of letters to senators, president, first lady, ombudsman, usics, fbi before I take the route of WOM. Should I mention in these letters that if I don't receive a response this time then I would be left with only one option - filing a WOM? I want to avoid doing this but it seems that thats the only course I can take. Should I mention something like that?
Also, I am from the Chicago area. Does anyone have any experience of how the court in Chicago treats the immigration cases?

Thanks again.

- Rahul.

lazycis said:
Rahul ,

Your best bet to get a GC is to expedite wife's citizenship application. When she becomes citizen, a visa number will be immediately available to you. She will need to write to the USCIS and ask to upgrade your I-130 to 1st preference category.
The most effective way way to expedite your wife's application is to file a lawsuit. Did your wife have a citizenship interview? In any case, use this page as a guide and file a lawsuit asap
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps
Click to expand...
 
Rahul

R
rahulddesai said:
Thanks for your response lazycis. I had a question and a request:

1. I started going through these boards and noticed that your contribution is simple awesome and so helpful. You have also posted several useful documents and attachments to these boards. Is there a way I can access all those documents you have posted or would I have to go through all the pages? At least, I was able to figure out that your first post was on page 333!

2. I am thinking of writing a second round of letters to senators, president, first lady, ombudsman, usics, fbi before I take the route of WOM. Should I mention in these letters that if I don't receive a response this time then I would be left with only one option - filing a WOM? I want to avoid doing this but it seems that thats the only course I can take. Should I mention something like that?
Also, I am from the Chicago area. Does anyone have any experience of how the court in Chicago treats the immigration cases?

Thanks again.

- Rahul.
Click to expand...


Hey, Rahul,

Lazycis is very knowledgable about WOM and he will give you some good advice about it. I am in Chicago area and I suggest you to start WOM right away if you already sent letters to FBI and first lady. Things are pretty good with Chicago area, I think. When I talk to US attorney, she told me that she can only request name check expedite if this is naturlization case ( I think you wife falls in this catergory). She cannot expedite my namecheck because it is not a naturlization case ( I applied for green card). And still my name check was clear 3 months later.
For WOM, you have to prove two things. one is that the court has jurisdiction and the other is name check has been unreasonably delayed. I think in Northern Illinois district court, jurisdication is not a problem as in so many cases the federal judges found jurisdiction on these cases. I suggest you to wait for 2 years ( that is the bench mark for unreasonablness for the delay and file the lawsuit immidiately).
As for writting to the first lady, you can do that on the side if you have more time. But WOM is probably more efficient.
 
Agree with wommei

wommei said:
R
Lazycis is very knowledgable about WOM and he will give you some good advice about it. I am in Chicago area and I suggest you to start WOM right away if you already sent letters to FBI and first lady... As for writting to the first lady, you can do that on the side if you have more time. But WOM is probably more efficient.
Click to expand...

Rahul,
I'm in Chicago too. I suggest you not to waist time on second round of letters, because it wouldn't bring any other results that it already did, meaning nothing. You've got everything you need to file WOM already. Generally, 18 months is considered long enough wait to file, 24 months mark is certain GO. Your wife is some place is between now. But it'll take few weeks to prepare paperwork, and so on. If I were in your shows, I'd start now.
 
rahulddesai said:
Thanks for your response lazycis. I had a question and a request:

1. I started going through these boards and noticed that your contribution is simple awesome and so helpful. You have also posted several useful documents and attachments to these boards. Is there a way I can access all those documents you have posted or would I have to go through all the pages? At least, I was able to figure out that your first post was on page 333!

2. I am thinking of writing a second round of letters to senators, president, first lady, ombudsman, usics, fbi before I take the route of WOM. Should I mention in these letters that if I don't receive a response this time then I would be left with only one option - filing a WOM? I want to avoid doing this but it seems that thats the only course I can take. Should I mention something like that?
Also, I am from the Chicago area. Does anyone have any experience of how the court in Chicago treats the immigration cases?

Thanks again.

- Rahul.
Click to expand...

1. Click on "Search this Thread" and select "Advanced". That will bring up the search screen where you can search by user and find all post by a particular user. There are many wonderful posts here and there are a lot of users who contributed.

2. Does not make sense to send a second round of letters. Concentrate on preparing Wom, file it and you will see the results.
 
485 pending due to name checking, now emergency leave US?

Hi,

I stuck in name check since 2006 and 485 pending. Now my family had emergency and I have to go back to china. But my previous advanced parole expired. Now I have just sent it another application last Sat. It normally process for two month. During my mom's illness, I can't wait. Is any other route I can go? I mean is there special process or humanlitiary reason so it could be expedite?

I am so angry and sad about whole thing when you face family member's life threatening disease. US goverment has sympthy?

Thanks

suesue
 
N-400 - Case approved, but oath letter not here yet

PD - 08/05
FP - 09/05
Interview - 01/06
Name check - ever since
NC cleared - 10/07 (learned from IO by calling USCIS service center)
2nd FP - 11/07
Case approved - 1/08 (learned from IO by calling USCIS service center)
Oath - ?? (letter not arrived yet)

Never filed lawsuit, but wrote a letter to congressman.

Anyone in the same boat? How long does it take after case approval for the oath letter to arrive? I'm not in a hurry, but just curious.
 
What is unreasonable delay?

What if the WOM is filed at 18 month mark and is dismissed by judge for not enough delay, can it be filed again at let say 2 year mark?
 
jefkorn said:
What if the WOM is filed at 18 month mark and is dismissed by judge for not enough delay, can it be filed again at let say 2 year mark?
Click to expand...

That depends how the lawsuit was dismissed. If it was dismissed WITH prejudice, you can't file again exactly for the same reason in the same district court. If the case was dismissed WITHOUT prejudice, you can file again anytime; it is up to the judge what s/he will consider unreasonable delay.
 
N-400 2nd FP

PD - 11/05
FP - 12/05
Interview - 02/06

2nd FP - 11/07 (Info pass, NC hasn't been cleared yet)

Should I wait or file a law suit at this point? Does it mean that my NC will soon
be cleared after 2nd FP?

Thanks for your help!
 
Lazycis, and other WOMers,

I just received a email update from USCIS that "we ordered production of your new card. Please allow 30 days for your card to be mailed to you.", this is 50days after I filed WOM. So I guess the AUSA did something.
But my wife did not receive the same update, and she is the beneficiary of my case, and passed the name check long time ago. I am wondering if this is because I did not add her as the plaintiff in the WOM. Can I amend the complaint to add her as plaintiff at this moment?
Thanks for your input.
 
I only called AUSA once, and AUSA even did not know there is such a case at the moment. AUSA even would not talk to me either, so I was expecting a MTD. However, so far nothing else. But I am away from home, so I do not kown if there is any mail coming to me.
I am in Northern CA.


mmlulin said:
Congratulations gcca_2004.

1. Have you receive communication, calls emails etc, from AUSA?
2. If seems that you did not have a change get a MTD. Have you ever contact the AUSA?
3. Would you mind post your Fed court district?
Click to expand...
 
sweetapple said:
PD - 11/05
FP - 12/05
Interview - 02/06

2nd FP - 11/07 (Info pass, NC hasn't been cleared yet)

Should I wait or file a law suit at this point? Does it mean that my NC will soon
be cleared after 2nd FP?

Thanks for your help!
Click to expand...

This really depends how bad you need the citizenship right now. Because your 2nd FP was in Nov. 2007, it is less and less likely that this was triggered by the completion of your NC and they are close to adjudicate your application. However, it is really impossible to guess, maybe you file next week the lawsuit and you get next day the oath letter... Most likely not.

Because you had your interview 2 years ago, you should follow the 1447(b) path, not the WOM. It is simpler and it is very likely that it will make things moving fast and your case will be adjudicated before the defendants' answer is due (60 days after the summons was served to the US District Attorney's Office).
 
gcca_2004 said:
Lazycis, and other WOMers,

I just received a email update from USCIS that "we ordered production of your new card. Please allow 30 days for your card to be mailed to you.", this is 50days after I filed WOM. So I guess the AUSA did something.
But my wife did not receive the same update, and she is the beneficiary of my case, and passed the name check long time ago. I am wondering if this is because I did not add her as the plaintiff in the WOM. Can I amend the complaint to add her as plaintiff at this moment?
Thanks for your input.
Click to expand...

First of all, congrats!!! You should get your card within a week.
Do not worry, she will get it too. Was her I-485 status changed to approved? What about her fingerprint results, are they current? You can certainly add your wife at any time before answer is received, but I think it won't be necessary.
 
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