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

Lawyers + extension request from DA

Hey guys,

Just want to share the experience. Not as confident as before hadling my case on my own. So tried to find a lawyer.. Finally put a request on Legalmatch.com + registered on PACER and searched for attys in similar cases. Few lawyers contacted me the same day.. and it seems they know what they r talking about.. i was very suspisious before as i read some other people' experiences with lawyers on Immigrationportal. so planning to meet with a couple just to see what they say about my case.. will keep you posted:)

My case: Filed 1447 Petition on 5/1/06. DA asked for extension after 40 days passed saying he is waiting for some addl info from military. when i requested that info earlier it took me 2 weeks to get it.. so now i'm thinking he is just being lazy and i'm afraid he is goin to drag this case forever..

dont know how to file the papers we have with the court to show them that he doesnt need so much time to get them. thats why will try to get a lawyer..

Please share any thoughts about this situation.. i will greatly appreciate it.
 
Update

Talked to AUSA today, very nice and professional. She is in the process of contacting the FBI to decide where my name check. She said she hopes that the name check will be ready before their 60 days is up. I told her that I am willing to work with her, and my goal is like hers to get the case resolved before it goes to trial.
Good luck to all of us still waiting
 
Update

Called AUSA at San Francisco. The paralegle answered my phone. Told me that they notified consels of all related angicies and waiting for the response. She did say it's up to FBI at this point, AUSA can't push. Sounds like USCIS? She did say will let me know if there is any more informaiton. Should I try to talk to AUSA directly?
 
nobigdeal said:
It seems to me that AOS cases has much lower priority to CIS than N400 cases. From my reading, AOS cases rarely get resolved within 60 days. Even for Xu11's recent victory within a month, I still think that his case was approved normally but not as the result of WOM.

Haddy, how is your situation now? Any updates after they filed the motion to dismiss? What is your fight plan?

I filed WOM on 6/5/06 at EDNY and served summons on 6/6/06. Called local US Attorney's office one month later and found out that they hired a contractor lawyer to handle these cases. Called that person and he said he has not received my case yet. Will call again one week before deadline. In the meantime, I am reading this thread daily and collecting documents to prepare for the further fight.
Click to expand...
NoBigDeal,

I filed my opposition to the Motion to dismiss and waiting on the court's decision...

Good Luck...
 
Congratulations!!!

dumbboy said:
Got emails on July 18, 2006. Both my I-485 and my wife's I-485 have been
approved. That is 32 days after I filed the WOM case.
Click to expand...
DUMBBOY AND GREENCARD12 VERY MANY CONGRATULATIONS... YOU GUYS DID IT...
 
do I have a case?

I have been watching this thread for a while already.
Here is my story: filed I485 with Nebraska Center on January 27, 2003.
Now, the case is still pending (FBI name check blackhole).
This is what I have done: USCIS status inquery (July 2005),
letter to white house, my university's query to Nebraska,
my query to local service center. several days ago, filed FOIPA with FBI,
waiting for response. Yesterday, sent letter to local senator for help
(sent previously but no response). Called FBI, but their policy is to not respond to enquiring public. Called USCIS customer service asking about
expediate name check request. They direct me to my local service center. Local service center told me to talk to congressman. USCIS does not want to do the job, apparently.

Shall I file a WOM now or wait for the senator and FOIPA response?
I was EB-1 OR and got my tenure at a university. However,
without a green card, the university has to "terminate" my employment every
summer and re-appoint in the fall since I am using my H1B1. It is so ugly.

Thanks.
 
phoenixui said:
I have been watching this thread for a while already.
Here is my story: filed I485 with Nebraska Center on January 27, 2003.
Now, the case is still pending (FBI name check blackhole).
This is what I have done: USCIS status inquery (July 2005),
letter to white house, my university's query to Nebraska,
my query to local service center. several days ago, filed FOIPA with FBI,
waiting for response. Yesterday, sent letter to local senator for help
(sent previously but no response). Called FBI, but their policy is to not respond to enquiring public. Called USCIS customer service asking about
expediate name check request. They direct me to my local service center. Local service center told me to talk to congressman. USCIS does not want to do the job, apparently.

Shall I file a WOM now or wait for the senator and FOIPA response?
I was EB-1 OR and got my tenure at a university. However,
without a green card, the university has to "terminate" my employment every
summer and re-appoint in the fall since I am using my H1B1. It is so ugly.

Thanks.
Click to expand...

In my personal experience congressman and senators didn't do squat for me. They initially tried to help, but at the end they gave me the same answer that USCIS stated. Bottom line, a total waste of time.

You can use the results of of FOIPA as an exhibit to your lawsuit.

Just file a lawsuit, at least know that you're gonna get some sorta response.

good luck
 
Thanks, gzmbk1. will wait for FOIPA.


gzmbk1 said:
In my personal experience congressman and senators didn't do squat for me. They initially tried to help, but at the end they gave me the same answer that USCIS stated. Bottom line, a total waste of time.

You can use the results of of FOIPA as an exhibit to your lawsuit.

Just file a lawsuit, at least know that you're gonna get some sorta response.

good luck
Click to expand...
 
Urgent Help Needed Please!

I need previous 1447b or mandamus cases where the judge ordered the government to complete their background checks by a certain deadline. Could you guys be kind enough to attach those cases here?
 
phoenixui said:
Thanks, gzmbk1. will wait for FOIPA.
Click to expand...

unless you want to use the response from congressman as part of the exhibit to the lawsuit, don't waste your time.

Since you filling based on writ of mandamus, you can use the congressman's letter as a way to tell them that you've tried many options to get this matter resolved, but now you're exhausted all remedies available to you.
 
needsolution said:
I need previous 1447b or mandamus cases where the judge ordered the government to complete their background checks by a certain deadline. Could you guys be kind enough to attach those cases here?
Click to expand...
Here is the one. Please check it out. Hope it helps.
 
Urgent, Please Help!

I need previous 1447b or mandamus cases where the judge ordered the government to complete their background checks by a certain deadline. Could you guys be kind enough to attach those cases here?

fightback said:
Here is the one. Please check it out. Hope it helps.
Click to expand...

Thank you, do you guys have any more cases where naturalization application delay was found unreasonable and the judge ordered the background checks by a certain deadline? I need as many cases as I can get for my lawsuit. Please attach them here, thank you kindly.
 
Urgent Help Needed!

Do you guys have any cases where naturalization application delay was found unreasonable and the judge ordered the background checks by a certain deadline? I need as many cases as I can get for my lawsuit. Please attach them here, thank you kindly.
 
needsolution said:
I need previous 1447b or mandamus cases where the judge ordered the government to complete their background checks by a certain deadline. Could you guys be kind enough to attach those cases here?



?[/I][/U] I need as many cases as I can get for my lawsuit. Please attach them here, thank you kindly.
Click to expand...
I just found another one. Please check it out.
 
I need this USCIS memo which came out in April 2006

I also need this internal USCIS memo that came out in April 2006, "DOJ Believes USCIS Violating Citizenship Regulations" Could someone attach this memo also please, thanks
 
needsolution said:
I also need this internal USCIS memo that came out in April 2006, "DOJ Believes USCIS Violating Citizenship Regulations" Could someone attach this memo also please, thanks
Click to expand...

Is this what you need?
 
I received a letter from the white house, and I need your opinions/ feedback

Hi Everyone,

I wrote a letter to MRS. Bush at the end of May, explaining to her the 2 years delay in my N-400 (filed June-04) due to the name check/ background security check. I also told her that I’m a scientist, just get my MBA from American university, 2 FBI-FOIPA with no record, 2 N-400 interviews get cancelled because the Name Check p.s.
I also told her that she is my last hope in solving this problem with FBI/ CIS before leaving the country, since I can’t take this any more.

Today, July/ 20, I received a printed card from the white house (Director of correspondence/ office of the first lady) stating that the first lady is thanking me for my letter. She shared my INFO with members of the white house staff who work directly with the agency that has jurisdiction over my issue. The appropriate agency will review my correspondence and be in touch with me directly. And she hopes the circumstances I face will be resolved soon.

Now my question to all folks had a similar letter before from the white house, is this means that my name check will be resolved soon and I will get a new interview letter.
Or FBI/ CIS will come back to me with the old crap of name check is pending and can take several years to get resolved, with an ugly copy of the fact sheet they posted in their website.

Please share your opinions/ experience.

Regards,

Moody
 
pm me ur email

hi needsoloution PM me ur email, I will email you the whole document, I just responded to motion to dismiss, and it has 8 cases where court remand USCIS to complete the case with in the strict time frame.
 
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