485 approved after filing Lawsuit

It appeared that you are a permanent resident already (since 2005). one of the thing you can do is to apply for the replacement card (there is a form for this, and I believe $200-300 fee).

My understanding (based on years of experience reading posts here) is that once the card is returned (or if the CIS records show it that way), there is no way to get again. It is less agonizing to get a new card through "replacement card" process.

adumadu said:
hate140delay,

Thanks a lot for great information. I'll definitely contact the congressman but I'm zero in American politics. Please let me know the process to contact the Congressman. Thanks in Advance.
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Waiting for the response from AUS

I think this is the most dishonet part of the Governmnet.
When I looked at the motion to dismiss my case I was more angry than ever before. I had 3 responses- FBI, CIS and AUS. FBI said they have finished mu check and sent to CIS on March 27 2006. CIS said they are still waiting. AUS said, FBI finished and they found something more and they are still working on it. I think this is the part is made up by AUS. So, I filed a response to motion to dismiss and deadline is today oct 10th for AUS to reply. As of now I have not heard from the AUS.
So, please advise, if you can, what should I do if I do not hear from him today? Also, how similar is my case with yours, if you can compare?
I think CIS is trying to deny case now since they think more and more people are taking this route.
Please add anything you think will be helpfull for me.
Thank you all again for great support. We will get those a..hole to work one way or nother.
 
Details.

hate140delay said:
Finally my 485 is approved after 3 years of wait.
I was stuck at Name check black hole. I had tried everything, contacted Senators, Congresman, First Lady, FOIPA, etc. and nothing worked :mad:

I got so sick and tired of waiting, that I filed a Lawsuit (Writ of Mandamus) Pro Se (which means without a lawyer i.e. myself). I filed the lawsuit on 8/27/06 in Northern district of CA (San Jose district court) and I got the magic emails a couple of days ago and today I got a call from US District Attorney that my case is approved and if I am willing to dismiss the case. :D In just 3 weeks after serving the papers my name check was cleared, while i had been just waiting for 3 years with no results.

My advise to all those folks whose priority date is current and are stuck in Name check, file a lawsuit ASAP and dont wait a single day. You can get all the information about the lawsuit on this thread

http://boards.immigrationportal.com/showthread.php?t=194681&page=1&pp=15

All the information is there on the first page, it looks intimidating and scary, but believe me once you start preparing the documents its easy.

I wish Good luck to everybody whose 485 is pending. Don't hesitate to ask me any questions.
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rahman1079,
Sorry for the late reply, I havent been checking this forum that often.
Did AUSA call you? The judge will rule if the motion to deny is accepted or not, which by now he/she may have made. Can you give an update on what happened?

rahman1079 said:
I think this is the most dishonet part of the Governmnet.
When I looked at the motion to dismiss my case I was more angry than ever before. I had 3 responses- FBI, CIS and AUS. FBI said they have finished mu check and sent to CIS on March 27 2006. CIS said they are still waiting. AUS said, FBI finished and they found something more and they are still working on it. I think this is the part is made up by AUS. So, I filed a response to motion to dismiss and deadline is today oct 10th for AUS to reply. As of now I have not heard from the AUS.
So, please advise, if you can, what should I do if I do not hear from him today? Also, how similar is my case with yours, if you can compare?
I think CIS is trying to deny case now since they think more and more people are taking this route.
Please add anything you think will be helpfull for me.
Thank you all again for great support. We will get those a..hole to work one way or nother.
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Taha,
I used these documents as my Templates.
You will have to customize the WOM-sample to your case.
When filing with the court you will have to file along with the Civil cover sheet and Summons. The summons should be given to -

Michael Chertoff
Secretary of the Department of Homeland Security
Office of the General Counsel
US Department of Homeland Security
20 Massachusetts Ave, NW, Suite 4025, 4th Floor
Washington, DC 20528


Emilio T. Gonzalez
Director of USCIS
U.S. Citizenship and Immigration Services
Department of Homeland Security
Office of the General Counsel
20 Massachusetts Ave, NW, Suite 4025, 4th Floor
Washington, DC 20528


Robert Mueller, Director
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Avenue, NW
Washington, D.C. 20535-0001

You will have to mail all of the documents given by court to the above 3 + US Attorney.

For a step by step follow these postings -
http://boards.immigrationportal.com/showthread.php?p=1441729#post1441729

and

http://boards.immigrationportal.com/showthread.php?t=194681&page=1&pp=15


sambocico2 said:
Would you please paste copy of your filing documents if possible. I need to file as soon as possible.

Thanks

Taha
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Motion to Dismiss is denied

I just got a response from that Judge has denied the mostion to dismiss by the US Attorney. So what is that mean? Does it mean, I won and they have to approve my case? Please let me know if can. Thanks again for all of your help.
 
rahman1079 said:
I just got a response from that Judge has denied the mostion to dismiss by the US Attorney. So what is that mean? Does it mean, I won and they have to approve my case? Please let me know if can. Thanks again for all of your help.
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Although it's good it does not mean you won. Yet. Most likely judge will schedule hearing for your case (unless they adjudicate your I-485 before).
If you file pro se:
- be prepared to explain your situation, be as clear and consise as possible
- make sure you understand everything you put in your complaint (references to USC, APA etc)
- find similar cases that were actually won (not just settled by both sides)
- don't be scared; if judge did not dismiss your case he/she probably wants to help you
 
Little more help

Vic,
This is great. How can I find similar cases that were actually won (not just settled by both sides). Do you have examples?
Thanks
Rahman
 
Search pacer for similar cases where the lawyer has actually filed a motion for summary judgement. There they must cite some precedents. You can then google and study these decisions in more details. Most likely these cases will not be in the same district as yours, but you can certainly use them. The judge does not have to follow them, but he usually will give some weight to them. Good luck.

EA

rahman1079 said:
Vic,
This is great. How can I find similar cases that were actually won (not just settled by both sides). Do you have examples?
Thanks
Rahman
Click to expand...
 
rahman1079 said:
I just got a response from that Judge has denied the mostion to dismiss by the US Attorney. So what is that mean? Does it mean, I won and they have to approve my case? Please let me know if can. Thanks again for all of your help.
Click to expand...
Thats good that the Judge denied Motion to dismiss. At least you did not get a judge who sides the government, I think there is a judge in Houston who is very baised.
As vic said, the next thing would be a hearing, or if you are lucky AUSA will get off his/her ass and actually talk to USCIS.
BTW which district you filed from? Nor Cal AUSA's are awesome, really curteous, responsive.
Go to this thread and post your question about evidences http://boards.immigrationportal.com/showthread.php?t=194681&page=1000

I think AUSA's are losing in hearings, I remember it was Haddy *I think* for whom the judge "Ordered" USCIS to approve his case.
 
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Hate,
I filed in Des Moines, IA. I just called the staff attorney and they do not seem to know anything about the case. she estimated that AUSA has 23 days to response my complain. I am just wondering if they response that they can't do this case at this moment, is this when Judge order an hearing or before that? On the letter Judge did no give any date. Just denied their motion to dismiss.
Also, I got a letter from FBI saying that my case was cleared on match 2006. It was 6 months ago but CIS is still saying it is pending with FBI. So, I am confused as hell at this moment.


hate140delay said:
Thats good that the Judge denied Motion to dismiss. At least you did not get a judge who sides the government, I think there is a judge in Houston who is very baised.
As vic said, the next thing would be a hearing, or if you are lucky AUSA will get off his/her ass and actually talk to USCIS.
BTW which district you filed from? Nor Cal AUSA's are awesome, really curteous, responsive.
Go to this thread and post your question about evidences http://boards.immigrationportal.com/showthread.php?t=194681&page=1000

I think AUSA's are losing in hearings, I remember it was Haddy *I think* for whom the judge "Ordered" USCIS to approve his case.
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Too bad Iowa AUSA are not co-operative.
AUSA has nothing to respond to now. Basically the judge does not want to dismiss the case. So if your 60 days are up, then there will be Case management hearings.
I would strongly advise you to take Legal help at this time, OR you can research and represet yourself, but this would mean you represent yourself in front of the judge and you need to know the legal mumbo jumbo.
This in no-way means you are in trouble. You still have the upper hand, as judge did not dismiss your case. But AUSA do this day in and out and will be able to represent themselves eloquently.

You might want to check the link I gave, there are some people on that thread who are doing the hearing themselves and some who have hired attorneys.

Good Luck! and keep us posted!
 
Questsion

This has been of 20 days sicne judge denied GOVT motion to dismiss and AUS did not file anything else. What should I do now. I talked to the staff attoney and she thinks, I should file a motion to restart the process. She repeatedly says she has no idea how these things work. It is so hard to get some help around here. She also thinks I should contact the Judges office. Anything else you thinkI can do to move this thing forward?
Also, I got a response from CIS through my Senator and this reponse after the judge has denied their motion, Here it is - United States Citizenship and Immigration Services (USCIS) is committed to providing immigration benefits in a timely manner without sacrificing national security. While most background checks for most applications are completed very quickly, a small percentage of cases will have unresolved background check issues that preclude further adjudication of the application. Although we make every effort to resolve these cases, we cannot move forward until all outstanding questions have been addressed to our satisfaction. Unfortunately, this process can sometimes take years.
We have requested review of your constituent's case and have been assured that the agency is aware of the case and is monitoring its progress. We cannot, at this time, speculate on when the background check will be completed.
We realize that your constituent is frustrated by the slow progress of his case, but USCIS must balance individual inconvenience against broader issues of national security. We hope that the recognition that the constituent's case has not "fallen through the cracks," lessens somewhat the anxiety of waiting for resolution.--

Now, it looks like they do not want to clear my case they will fight back. As far as I remember, I have no bad record, no criminal record. All they can go by if my name matches with someone and they took for 40 months to work on that. Do they still have case to go longer? I guess they can aleays a play the national security card but can they convince without showing proof?

I find you guys most knowledgable than some of the attorneys out there. I will hire someone soon but I also want to hear from you guys. Thanks again for all your help.
 
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Here in Northern California, when I filed the case at that time they set up an Case Management Conference date, to start the Discovery and Hearing process.
This would be the next step in the lawsuit. You will need to contact the judge's office for starting this. I'm surprised they did not give you all this details when you filed the case.
Attached document is a Handbook for people filing ProSe(without a lawyer). Chapter 9 has details about Case management conference. Keep in mind this is a handbook only for Northern California, and local rules vary. You want to check the Prose handbook for your district. Ask your district court where you can find the prose handbook, if you dont have it.
I wish you Good Luck!
 
Little more Help hate

hey Hate,
Since you replied I talked to two lawyers and two staff of attorney.
One lawyer said, it looks like it will go to hearing but he is trying to contact the AUS to see whats it the hold up first. I am wating on that.
The second one said, Congrats you won! Nothing else after that. I am still wating an email from her.

Here is what I found in the pro se package in page 54, "Under Rule 12(a)(4) of the Federal Rules of Civil Procedure, if the court denies a motion
to dismiss, the defendant must file an answer within ten days after receiving notice that the court denied the motion." Judge had denied their motion but they did not file anything. So, what do you think I should do. Should I file from motion to continue or compel stating that USCIS is not complying the federal law and therefore more attention neede from the Court as part of my pray?

So far you have been my mentor on this, please stick with me for a while. I am almost there.

Amir

hate140delay said:
Here in Northern California, when I filed the case at that time they set up an Case Management Conference date, to start the Discovery and Hearing process.
This would be the next step in the lawsuit. You will need to contact the judge's office for starting this. I'm surprised they did not give you all this details when you filed the case.
Attached document is a Handbook for people filing ProSe(without a lawyer). Chapter 9 has details about Case management conference. Keep in mind this is a handbook only for Northern California, and local rules vary. You want to check the Prose handbook for your district. Ask your district court where you can find the prose handbook, if you dont have it.
I wish you Good Luck!
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Amir,
I re-read the Pro se handbook, I think you should file for "Motion for Default Judgment" if the defendant has failed to reply after 10 days. Default Judgment means the court to rule that you won the case.
I think since this rule is a Federal rule, you should be able to use it, when you file you can cite this rule and the failure of AUSA to file within 10 days and giving an "Answer".
Another advice is use Pacer. Pacer is a great tool for researching previous cases, so search in Pacer for cases where motion to dismiss has been denied, and what happened next.
Keep your chin up. You are definitely in a better position right now.

Good Luck.


PS - The local rules really vary by district. Also I am not a lawyer, so I may be totally wrong in my advice. Please dont take this advice as your main course of action. Consult a lawyer before taking any action.
rahman1079 said:
hey Hate,
Since you replied I talked to two lawyers and two staff of attorney.
One lawyer said, it looks like it will go to hearing but he is trying to contact the AUS to see whats it the hold up first. I am wating on that.
The second one said, Congrats you won! Nothing else after that. I am still wating an email from her.

Here is what I found in the pro se package in page 54, "Under Rule 12(a)(4) of the Federal Rules of Civil Procedure, if the court denies a motion
to dismiss, the defendant must file an answer within ten days after receiving notice that the court denied the motion." Judge had denied their motion but they did not file anything. So, what do you think I should do. Should I file from motion to continue or compel stating that USCIS is not complying the federal law and therefore more attention neede from the Court as part of my pray?

So far you have been my mentor on this, please stick with me for a while. I am almost there.

Amir
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Green card case in Pacer

Do you guys know any good case in pacer realted to WDM? All I see is citizenship caes wating over 120 days. I would to read some case. Please let me know. You help is appreciated in advance.
thanks
 
question on WOM

hate140delay and others,

Could you please help me answer the following question:

1. What is the percentage of success for the WOM cases of I-485 pending on name check?

2. what is the result if the WOM filer loses the case? Does it means that the I-485 applicant will lost status and need to leave US? For applicants, I mean the EB-x applicants with H1 visa.

Thanks a lot for your help!

Best regards,
h1ca
 
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