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good luck.. if you have access to LEXISNexis or other database, research more with keywords: a) INS & Estoppel b) USCIS & Estoppel c) Estoppel & Govt One more new victory: AZAT NIGMADZHANOV and MARYAM IBRAGIMOVA, Plaintiffs, - against - ROBERT S. MUELLER, Director, Federal Bureau of...

I hope the attached cases will help your reply. Sorry.. I am slowly getting outdated from current developments.

The estoppel statement seems a good strategy to counter the mootness argument. Without that, fighting mootness is a big big battle. Lazy: On a sidenote-- plaintiff can be estopped against a backdated GC claim only if the dismissal is with prejudice; or is it not ? Just to clarify my WOM(for...

Did you take infopass yet. What is USCIS telling about your case ? Best approach for you is to apply for WOM and TRO together. I posted a template at http://boards.immigrationportal.com/showthread.php?p=1884196&highlight=tro#post1884196 Be aware that EB visa numbers will soon be unavailable...

good luck. do you need to wear a suit ?

if you file a complaint in court, you WILL get a response in 60 days :)

good case Rasool Kashkool, Plaintiff, vs. Michael Chertoff, et al., Defendants. No. CV-07-190-PHX-LOA UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 2008 U.S. Dist. LEXIS 28292 April 7, 2008, Decided ---------------------------------- On February 8, 2008, USCIS released a...

I dont see a lexis citation on this case.

Did you have an attorney for your EB1A ? I would check with an experience attorney on how to attack the denial. Iam not sure. Cant you appeal the decision (via the same complaint) ? If the denial is in error.. it only makes your case stronger. Research the denial in detail..

Wommei: 5. Although both names-checks have now cleared, the plaintiffs’ I-485 Adjustment of Status Applications cannot currently be adjudicated because no visa numbers are available for XXX and XXXXXX’s preference categories. THIS IS INCORRECT. No EB categories are unavailable. Retrogression...

Wommei, Seems to me that you would like to prove to the Judge that USCIS has to give a GC to you NOW(not when visa numbers get available to you in due course). USCIS in your case will claim that they cannot adjudicate bcos statutes prevent it from doing so. You have to put forth arguments...

Iam not surprised. Memo is only a memo.. not a regulation or a statute. USCIS is not bound to follow it at all times. Tell the forum guys.. to file a WOM.. I did that.. and hopefully people suffering from this wrongdoing will seek justice in courts.. Unfortunately.. that is the only way USCIS...

My argument for TRO will be: 1. Establish basis for estoppel in your complaint based on affirmative misconduct(violation of 1153(e)) for order of consideration and also misconduct on not expediting your namecheck when your complaint was filed and now namecheck is not required.. This is a very...

I filed application for preliminary injunction and temporary restraining order(TRO) on March 21(requiring that DOS hold 2 visa numbers for me from April visa bulletin). I got GC on April 1! I would suggest that you draft a similar TRO & preliminary injunction and see how USCIS and/or DOS...

I would prefer the second option too. Unfortunately.. the statute is very clear on that aspect: 8 USC 1427 5 years as GC(for regular cases) & years for spouses in order to apply for citizenship. We cannot change the statute. So, I am trying the other option to backdate the GC :) as USCIS is...

I hope u have read this(visa number argument): http://boards.immigration.com/showpost.php?p=1872668&postcount=15930

April 1, 2008 ruling Lazycis, What do you make of this decision on estoppel claims( I see two cited estoppel victories: Harriott v. Ashcroft,277 F.Supp.2d 538 (E.D.Pa.2003); Petition of Tubig in Behalf of Tubig,559 F.Supp. 2 (N.D.Cal.1981). ) Liston v Chertoff NO. CV-06-0265-LRS...

interesting link(effective date for GC) http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=8144055071&m=9814078972

Congrats!! Yes.. when I saw my approval mail first up.. I want not thrilled.. but I did sleep well the next few nights. Fighting for further relief is all that much easier on the mind when you know that you have been granted GC. (Atleast that will quell the fears in the minds of many people...

why not ? but u need to file a complaint real soon :) otherwise USCIS might argue that you are asking for frivolous benefits. You can apply for jobs that need citizenship and get those rejection letters and put it into the complaint.