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

TheRock20148 said:
I need help is following subject.

1) I want to file for my parents, they are here in USA on visit visa an will leave shortly back home. What documents i should file sine they are in USA and i want to get them travel document too.

2) Also how to upgrade I-130 for wife since i filed it while i was on green card. Also I have to file I-129F for K-3 right?

Please provide me detail steps and what forms required to file fo parents and upgrade for wife.
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Where is your wife? If she is here, you don't need to apply for K-3. But if she is outside of the country, then that might be the way to go depend on how fast they issue GC for her country. K-3 is for her to come here and wait for the GC instead of waiting outside, but the process I heard taking from 6 - 10 month.
 
lotechguy said:
Did you take your letter to infopass and ask them about it ? Can they not tell you what eveidence is needed ? You should ask to speak to a supervisor if you dont get an answer from the IO.
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I have tried that to no avail. Although, I have another appointment on the 14th, and will be more aggresive. I don't know if you have been to the office here in chicago; they treat everyone like a burden. And pretty much, give a standard statement, like "your case is pending". :mad:

But anycase, I will try yet another time and see where it takes me. Thanks!
 
Format for upgrade!

I did filed I-130 for my wife while I was on green card but now I have to upgrade her petition. Do anyone have format letter I have to sent them for upgrade? Sametime I have to file I-129F for K-3 visa too.
Guys help me out since Iam having Oath on Friday 09/15/2006 and want to upgrade her petition on friday.

What exactly i have to sent out for upgrade and what documents and cover letter use for I-129F for wife (K-3). K-3 is better or direct file for Green card?

Thanks
 
No upgrade

TheRock20148
I do not think you can upgrade your wife's application. Once you become a US citizen you have to submit a new application on your wife's behalf and get a new priority date. This als will have to wait till you get your citizenship certificate since you have to include a copy of it with the new application. You can ask on your Oath's day to confirm but I am pretty sure about this since I had a friend in the same situation. Congratulations on your victory.
 
hope_Nov said:
My WOM worked. I filed WOM in late July and served US attorney in mid August. The court gave the defendants 20 days for response which should be September 2nd. On September 5th, I got a call from US attorney that my case has been approved. I got an email from the congressman who has been inquirying my case for about a year the next day stating that my I-485 along with my wife's have been approved. My guess is that FBI has already cleared our names when I filed WOM. The latest inquiry made by my congressman in late July still showed FBI hasn't cleared our names. Wish everybody good luck with their cases.
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Mr Hope,
Congratulations, and i wish you and your wife the best :)
 
How to find out who is my AUSA? I files 1447(b) lawsuit on 8/21 and everybody got served on 8/25, when should I call them, is it too early to call them today 9/11?
 
update

My update is the judge has a schedule a conference in November 20 before him. I just want to share that with you
 
stoyan79 said:
How to find out who is my AUSA? I files 1447(b) lawsuit on 8/21 and everybody got served on 8/25, when should I call them, is it too early to call them today 9/11?
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Hello

You just need to find out who is your AUSA from this list " http://www.usdoj.gov/usao/offices/index.html#i "and call them maybe Thursday, just introduce your self and say you have filed a lawsuit and you like to find out who is the U.S Attorney who got assigned to your case and what is his phone number.

I wish you best :)
 
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i need suggestion and help to guide me thru this tough situation iam in......i have filed a lawsuit againest chertoff,robert mueller, gonzalez of ins and ins district of houston sharon gonzalez.......my question with these above persons court requested to serve summons to washington district da and eastern district of texas da but my local da refused the summons saying they can"t represent agencies.....no clue why they would do tht thought da represnted us gov"t local and washington da........any ideas or clues friend why they would refuse it.....i am frustated this is second time we served summons first time clerk office dropped the ball by serving all 4 clients but forgot to serve usda in eastern district of texas and washington da....... :( the local da said for e.g they can"t take cases if it was irs or us immigration...it should be served to the defandants local da.......i have read on this form tht u hve to serve both the da"s one in washington d.c and one for your local da..........any suggestion and tips willl help me..........thanx alot... :)
 
concerned about Summons delivery

I have filed WOM on 29th Aug, served all the defendants on 30th Aug. with certified mail. Up until today I still haven't seen Robert Muller and Alberto Gonzales got my Summons. Not even on the usps website. These two only were "accepted" by the post office, not "delivered" as others. Anyone knows what is going on? What shall I do? I am getting worried.
 
TheRock20148 said:
I did filed I-130 for my wife while I was on green card but now I have to upgrade her petition. Do anyone have format letter I have to sent them for upgrade? Sametime I have to file I-129F for K-3 visa too.
Guys help me out since Iam having Oath on Friday 09/15/2006 and want to upgrade her petition on friday.

What exactly i have to sent out for upgrade and what documents and cover letter use for I-129F for wife (K-3). K-3 is better or direct file for Green card?

Thanks
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Rock,
This is what I heard,
a) you just need to write a casual letter, stating that you have filed I-130 for your wife as a GC holder, and now you are a citizen, so you want them to upgrade your case, along with the copy of citizen certificate and copy of the I-130 reciept.
b) This is a step by step guide for filing I-129F for K3
http://www.visajourney.com/forums/index.php?autocom=custom&page=k3guide

But the truth is, I am not sure how important the step a) is. Since most people file I-130 just so they can file I-129F for the K3 visa (again need the I-130 receipt). Once the spouse arrives in the us, they just refile the I-130 and I-485, because if you keep the first I-130 application, she will have to do all the interview and other stuff at embassy instead of here.
 
Well

I am sure that I have to send letter to inform them to upgrade I-130 since I am US citizen and sametime file I-129F. Beauty is my priority date will remain same (time I filed when I was on GC).

This is new to me that once she will get here I have to file I-130 again along with I-485 (I hardly care that time). Most priorty is to get her here.


I think or someone suggest me, I do have to file I-129F with G-325 again. But I did filed G-325 with I-130.

Anyone have format letter to upgrade? Like Denver suggest I have to sent out casual letter.

Thanks
 
Hearing

Hi guys,

I just got a call from the court, I am told the judge want to hold a hearing on my 1447(b) case next Thursday. Any suggestions as what to prepare, what to bring, what to read before the hearing, etc?
I just file the case on 09/01/2006. I have not even served all the defendants yet. It's so fast, don't know if this is good or bad :confused:

Thank you very much.
 
Help for all of us

Hello all
I hope this information can help someone.

I wish the best to all of us
 
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jzdc said:
I have filed WOM on 29th Aug, served all the defendants on 30th Aug. with certified mail. Up until today I still haven't seen Robert Muller and Alberto Gonzales got my Summons. Not even on the usps website. These two only were "accepted" by the post office, not "delivered" as others. Anyone knows what is going on? What shall I do? I am getting worried.
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Had similar situation. Go to USPS office. They will print receipt details from their intranet and give you for submittal
 
Hello

Hello

Thanks for your help Haddy. Thanks to others athat replies to encourage me.

I filed my 1447 b in the Middle District of Florida.

I Prepared my Response to the defendants' motion to Dissmiss and I will file tommorrow with the court.

Thanks again for everyone that helped me and I will keep you updated
 
Anyone see this kind of complaint requirement?

I am planning to file a 1447b petition (18 months since the interview) with the Eastern District of Texas, but the complaint form on the website requires Plaintiff not to give any legal arguments or cite any cases or statutes (attachment).

Does it mean that I am not supposed to use the templates from the forum and put anything like 8 U.S.C. § 1447(b)? Anyone had the same experience before? The clerks are not very helpful. Thanks!
 
ApplyN400Dallas said:
I am planning to file a 1447b petition (18 months since the interview) with the Eastern District of Texas, but the complaint form on the website requires Plaintiff not to give any legal arguments or cite any cases or statutes (attachment).

Does it mean that I am not supposed to use the templates from the forum and put anything like 8 U.S.C. § 1447(b)? Anyone had the same experience before? The clerks are not very helpful. Thanks!
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Some courts have two ways for ProSe people:
1- is that you just say what's going on, ie: the USCIS is taking too long bla bla bla... and then the ProSe court clerk will see if you have any grounds for the case....and eventually let you go through with your case, they just want to make sure that you don't bug the court for nothing.

2- and this is what i recommend. WE already know that you have the legal grounds for your civil case. so just write up the lawsuit using word perfect or ms word template and tell them exactly that you are suing following 1447b etc.... that's what i and most of us did...

good luck
 
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