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

Will meet DA physically tomorrow

Hi,

As described in my previous posts, I filed WOM for my I485 cases in April 2006. I talked to DA who handled my case about one month ago. He mentioned he would file the motion to dismiss the case for lack of subject matter jurisdiction.

I talked to him today again. He actually showed a lot of sympathy on me. He mentioned to me that he does not have the authority to request expedite name check. The actual case was handled by USCIS lawyer and he is only following the lawyer's instruction. This sounds strange to me because I never heard that from any of your experience. Anyway, he agreed to meet with me tomorrow physically in his office. He also asked me to bring the USCIS memo regarding the expedite name check guideline. He even said he will show me the motion he will file to the court.

I feel tomorrow's meeting may help me persuade him to request expedite name check. Guys, what else do you think I should bring to the table tomorrow?

NC initiated April 2003
WOM filed April 2006
NC Cleared ?
GC ?
 
greencard12 said:
Hi,

As described in my previous posts, I filed WOM for my I485 cases in April 2006. I talked to DA who handled my case about one month ago. He mentioned he would file the motion to dismiss the case for lack of subject matter jurisdiction.

I talked to him today again. He actually showed a lot of sympathy on me. He mentioned to me that he does not have the authority to request expedite name check. The actual case was handled by USCIS lawyer and he is only following the lawyer's instruction. This sounds strange to me because I never heard that from any of your experience. Anyway, he agreed to meet with me tomorrow physically in his office. He also asked me to bring the USCIS memo regarding the expedite name check guideline. He even said he will show me the motion he will file to the court.

I feel tomorrow's meeting may help me persuade him to request expedite name check. Guys, what else do you think I should bring to the table tomorrow?

NC initiated April 2003
WOM filed April 2006
NC Cleared ?
GC ?
Click to expand...
actually he is right, all he does is follow the intruction of the uscis lawyers, he probably never have to deal with any immigration case, or nknow anything about the.
 
blueback

dks35 said:
Thanks buggin!
I will find out tomorrow. Clerks office is taking messages and then calling back, but I am usually away from my desk, and it's really hard to get hold of me. Anyway...
wish me luck
and thank you all again for support!
Click to expand...

dks35,

Bluckback is some sort of cardboard paper you have to attach to the end of your complaint. The whole thing (complaint + exhibits) will sit on it. You can buy these papers from Office Depot or Staples.
You can find the proper hole punch and a heavy duty stapler at the clerk window in the prose intake room.
When it asks about related cases, it is asking about related cases filed by you and not other people, so you don't need to answer that part if you have never filed anything regarding this case with the court before.
And your question about the interested parties: Just name everyone of the defendants (not the US Attorney) as Defendant and yourself as Plaintiff.

Best of luck
 
Last edited by a moderator:
Expedition

greencard12 said:
Hi,

........

NC initiated April 2003
WOM filed April 2006
NC Cleared ?
GC ?
Click to expand...

I believe it was the USCIS who submitted the expedition request, not the US Attorney. When you meet the US Attorney tomorrow, show him the memo and ask him to check if USCIS has already made the request. If not, manage to have him force USCIS to do so. Pls refer to Michael Cannon's response in one of the cases posted. He never mentioned FBI would initiate a check upon request by an US Att.
 
Last edited by a moderator:
Eastbayer,

How is your case? Do you receive your oath invitation? I hope you can have oath on 06/20/2006.

syt
 
dks35 said:
Thanks buggin!
I will find out tomorrow. Clerks office is taking messages and then calling back, but I am usually away from my desk, and it's really hard to get hold of me. Anyway...
wish me luck
and thank you all again for support!
Click to expand...

Hello dks35,
Take with you:
1- 1 Origin and 2 copies of your complaint.
2- 1 Origin and 2 copies of your Summons.
3- 1 Origin and 2 copies of your civil cover sheet.
4- 1 Origin and 2 copies of your interested parties forums.
And all of thus you can get them from here.
http://www.cacd.uscourts.gov/CACD/Forms.nsf/Forms?OpenView&Start=1&Count=500&Expand=4#4

Good luck .
 
Here we go...

Hi everyone..

Here is my update, On Saturday I received the USDA “Answer” to my complaint (1447b) that I have filed early April. The Answer was filed in the last minute of the last day allowed and was more or less a lot of crap from which I understood that they are buying time.

So I was anxious to fire back, but reading into the local rules from my pro-se guide I found that there is a distinct difference BTW responses that a plaintiff may receive from a defendant. These were identified as “A motion to Dismiss (for X reason)” and an “Answer”. To the latter the plaintiff is not required to reply (to my surprise!!)
From the pro-se guide:
“Once the answer is filed, does the plaintiff have to file a response to it?
There is no such thing under the Federal Rules of Civil Procedure as a “Response to an
Answer.” Even if you strongly disagree with the statements in the answer, there is no need to file a response. Under Rule 8(d) of the Federal Rules of Civil Procedure, all statements in an answer are automatically denied by the other parties to the lawsuit.”

Now, what next? I don’t know! The hand book talks about case management conference. I guess I have to educate myself about this process and get my stuff together and prepare should it go that far, but I hope (and truly hope) that the stupid name check get cleared before the conference. Why I hope so, because I know that the USDA has requested the FBI to expedite my name check in a previous conversation with her.

Does anyone know what is the time line to the next step after the defendants provide their answer? (Whatever that step is!??)
 
Cheers! I got GC after filing complaint!

Writ of Madamus worked for me:

3/2003: Marriage-based AOS filed
5/2003: 1st finger print
8/2003: Interviewed but couldn't get GC due to unfinished background check
4/2006: Filed Madamus, deadline by the end of 6/2006
6/6/06: Yes, on this "666" day I got I-551 stamp after a second interview!

A million thanks to this thread; I prepared everything according to the instructions here. For those annoyed by name check, act now; for those already filed complaints, wait for good news!

p.s. The U.S. Attorney's Office hasn't contacted me yet.
 
memorandum for WIC members

Can anyone please attach the memorandum for wic members, I lost it somehow on my computer.
 
PendingN400 said:
Per opinion published in one of the cases in the Sixth district, 8 U.S.C. 1447(b) is not a guaranteed result (this is being used by defendants in other case). Per this opinion below, the court has simply remanded the matter over to USCIS to do as they see fit without any judicial determination nor provided any guidance for completing security clearances within a certain time limit. I don't believe the case went into appeals. At this rate, the case can remain pending forever...

"8 U.S.C. I447(b), set forth above, provides that the court may either determine the matter or remand the matter with appropriate instructions to the USCIS to determinet he matter. Here, Issa has had his examination and all that remains is completion of the security clearance which can only be provided by the FBI. Therefore, in the interest of judicial economy, this Court will remand this matter to the UCIS to await the final security clearance"
Click to expand...

do you have the case number and the court? sixth district is federal court in which district? from PACER, we can see the whole history of the case.
 
dks35 said:
Thanks buggin!
I will find out tomorrow. Clerks office is taking messages and then calling back, but I am usually away from my desk, and it's really hard to get hold of me. Anyway...
wish me luck
and thank you all again for support!
Click to expand...

I hope this help... this is cover sheet

good luck
 
Last edited by a moderator:
Haddy, My thoughts on your case

Poor Haddy, I just went throught the answer from the AUSA on your case and the declaration from the local USCIS director. My feeling is, you may still be able to do it by yourself, but I would recommend you look for some help from attorney, you really need to cite the most recent successful WOM cases on I-485.

1. The cases cited in the answer are mostly old cases, I believe there are more recent successful cases which should be more supportive.

2. The answer indicates that they have to wait however long for the name check to be completed before they can adjudicate your case. Using the recent successful WOM cases on I-485, tell them what is the reasonable time period for such type of cases.

3. Name check can be expedited upon the request from USCIS, based on Michael Cannon's testimony.

4. USCIS has some criteria for expediting cases, WOM is one of them.

5. The answer stated that you have not exhausted administrative remedies, but if you have tried writing and call USCIS, contacted congressman and FBI, tried CIS Ombudsman, or if you even wrote to Mr or Mrs President, I think that should be enough evidence that you tried everything possible, after all, it is not our job to chase down FBI to complete the name check. We pay tax every year and we paid the application fee, it should be USCIS who do all these, not us.

6. Citing most recent successful WOM cases will tell this shit AUSA that federal courts do have subject matter jurisdiction on your case.

These are just my thoughts, again, I would seek for professional help if I were you. I will see if there are files in my folder I can upload for you. Good luck. i am keeping my fingers crossed for you.
 
Can we PLEASE do this, for sake of references for other members on this thread,

mmksj said:
Hi everyone..

Here is my update, On Saturday I received the USDA “Answer” to my complaint (1447b) that I have filed early April. The Answer was filed in the last minute of the last day allowed and was more or less a lot of crap from which I understood that they are buying time.

..............

Does anyone know what is the time line to the next step after the defendants provide their answer? (Whatever that step is!??)
Click to expand...

Add a timeline of your case to your signature, please also indicate which district the case is filed -- hope this is not too much to ask and this should not reveal your personal info. Thanks all!

Balto
P.S. To add a signature, click on the User CP on the upper left corner, once into User CP, on the left, click on Edit Signature, type in info and save.
 
Last edited by a moderator:
Just for you ...:)

Balto said:
Add a timeline of your case to your signature, please also indicate which district the case is filed -- hope this is not too much to ask and this should not reveal your personal info. Thanks all!

Balto
P.S. To add a signature, click on the User CP on the upper left corner, once into User CP, on the left, click on Edit Signature, type in info and save.
Click to expand...
 
Be Carefull

I think people who get their cases complicated like haddy and feel like they can't hire an attorney, they should dismiss the case, all they are doing is creating precidents of loosing WOM. These will totally eliminate the chance of this thing being successful in the future.

In Haddy's case, the guy is fully charged on him, I have seen many WOM dismisal motions by AUSA, haven't seen one as charged as this. So guys, this is not a game, either know what you are doing or hire an attorney.
Haddy post your response and lets see how it looks, hopefully we can help....Any case on here is OUR case..believe me... We are our attorneys, we either all win or all loose
 
Last edited by a moderator:
Thanks, mmksj!

mmksj said:
Just for you ...:)
Click to expand...
And you even did it in color :D :D . I am sure we all appreciate that. It's surprising that AUSA in California would give crap on 1447(b). Hope everything goes well for you. I wish more people in Maryland would speak up, as I am preparing for the worst, while hoping for the best, sharing info is critical.

Regards,

Balto
 
You must log in or register to reply here.
Top