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

[SHAFFI]

Hey Shaffi,
Another moroccan
I bet all the moroccan got stuck with name check
Shaffi, thanks so much for your input. I will do what you said. You are right my husband FP, IV dates are different. I will pay attention not to mix up our infos.
I am going to Morocco for 2 weeks in this december. Is it OK to leave the US after filing a law suit?
I called Morocco yesterday. The first day of Ramadan was yesterday (Oops, I didn't know).
Take care

Good luck LAmorocco,

No for me it is worse I am from Saudi Arabia. I do travel frequently to Morocco for business and I have lots of friends there. I also have a home in Agadir where I spend one of my winter months there.

Yes Ramadan was Saturday, Happy holidays to all of you.

When I filed my lawsuit I hired the best lawyer in the West. It was very expensive, so far I spent about $35,000 but I am too busy to write legal stuff and deal with the courts.

Regarding your question about traveling, It is to early to know. I hope you would have finished with the lawsuit by then. Keep me posted.
Best of luck, Shaffi

 

[Oct2003]

Dismiss WOM after I-485 is approved

I received a call from US Attorny that my I-485 case has been approved after my WOM was filed 45 days. I was told I should receive my approval notice of green card soon and I was asked to dismiss my case before the WOM due day (OCt. 3).

I am asking for being advised in this forum:
1) Should I dismiss my WOM case before I receive formal approval notice from CIS?
2) How long does it take usually from the approval news from US Attorny to receiving the approval notice from CIS?

Thanks
OCt2003

 

[edgrapes]

This is a very commendable effort Edgrapes. Thank you for
the time and efforts. I hope your case will resolve soon.

Thanks, ICU Doc! I am just trying to help as much as I can. I am still learning whole process of filing 1447b, hope to be more knowledgable and useful in a couple of days. Good luck to you.

 

[edgrapes]

No my friends, American Courts and Government Agencies should NOT scare you. They are there to serve you (Future Citizen of the US) and serve everyone else.

If anyone should be scared, it should be me. I am the one who started a movement of lawsuits against USCIS, yet I am here happy and enjoying my life. It shows that this country is a country of laws before anything. The first step in your journey is to believe in this and know that nothing (ABSOLUTELY NOTHING) will happen to you because of your lawsuit except becoming a Citizen. (hopefully quickly enough)

Let me know if you have any questions.

Publicus

Publicus, glad to see that you still remember us, welcome back!

I would like to thank you for creating such an informative and comprehensive guide on fighting the USCIS chronical delays. I have been reding this thread from the very begining for the last 3 weeks and I am finaly done. Wow, so much info, so many lives touched, so much to do. What do you think about the immigration bill that Congress tries to approve? Do you think they might succeed in the nearest future?

Best regards.

 

[TheRock20148]

Oct2003! Please send me WOM for I-485

Congratulations, could you send me copy of WOM u filled for your green card, feel free to remove ur personal information.

Thanks

 

[Oct2003]

Congratulations, could you send me copy of WOM u filled for your green card, feel free to remove ur personal information.

Thanks

You can refer to attachment( I-485 case WOM), I loaded it from this forum. Read this forum from the begining can obtian all necessary info. for how to file a WOM
Good luck

 

[pineyan3]

I am in the same boat

I filed my 1447 a month ago, I got teh name of teh AUSA who is assigned to my case, I called last week and left a message, he never returned the call, should I keep calling? how persistent should I be???? please post your experiences

Hello Hayyoot, I am kind of in the same boat.
I filed my WOM, and served the US attorney and all the defendants on August 20. Then, on September 1, I received an order from the Judge, saying that all defendants should respond to my complaint within 45 calendar days and the order was dated Aug 17. That means the deadline is October 1. I called the US attorney who is in charge of my case on Sep 15 (2 weeks before the deadline) and left him a message. He never called back. I left him 2 more messages last week, still no response.
My guess is that either he is still waiting for the response from USCIS and FBI, or he will pull the "motion to dismiss" trigger at the last minute. My bet is on the second one. From what I read in this thread, most people at least got to talk to the attorney, the one I am dealing with is avoiding me completely. Silence is the most powerful weapon, I have to admit. I guess I am facing a tough fight, but I am ready. I will file default judgement with the court if I do not hear anything by the deadline.
Good luck to myself and everyone who is in the same battle, and I will keep you guys posted.

 

[syt]

I received a call from US Attorny that my I-485 case has been approved after my WOM was filed 45 days. I was told I should receive my approval notice of green card soon and I was asked to dismiss my case before the WOM due day (OCt. 3).

I am asking for being advised in this forum:
1) Should I dismiss my WOM case before I receive formal approval notice from CIS?

It is OK to dismiss you WOM. But, don't forget to put a word that your case need to be apporved and USCIS aggrees to adjudicate your application in the stipulation to dismiss.

2) How long does it take usually from the approval news from US Attorny to receiving the approval notice from CIS?

It took 10 days for me to receive oath invitation after my case dismissed.

Thanks
OCt2003

 

[hayyyoot]

Pineyan3
Where are you? I am in Las Vegas. I am afraid that there is something wrong with my case, and he is planning to wait till the last minute, and then ask for dismissal on technical grounds:-(
I just emailed him, I will wait

Hello Hayyoot, I am kind of in the same boat.
I filed my WOM, and served the US attorney and all the defendants on August 20. Then, on September 1, I received an order from the Judge, saying that all defendants should respond to my complaint within 45 calendar days and the order was dated Aug 17. That means the deadline is October 1. I called the US attorney who is in charge of my case on Sep 15 (2 weeks before the deadline) and left him a message. He never called back. I left him 2 more messages last week, still no response.
My guess is that either he is still waiting for the response from USCIS and FBI, or he will pull the "motion to dismiss" trigger at the last minute. My bet is on the second one. From what I read in this thread, most people at least got to talk to the attorney, the one I am dealing with is avoiding me completely. Silence is the most powerful weapon, I have to admit. I guess I am facing a tough fight, but I am ready. I will file default judgement with the court if I do not hear anything by the deadline.
Good luck to myself and everyone who is in the same battle, and I will keep you guys posted.

 

[Oct2003]

Thank you, Syt!

 

[pineyan3]

Pineyan3
Where are you? I am in Las Vegas. I am afraid that there is something wrong with my case, and he is planning to wait till the last minute, and then ask for dismissal on technical grounds:-(
I just emailed him, I will wait

I am in New York, an unfavorable battlefield for this type of lawsuits according to records listed in PACER. I am thinking of emailing the attorney, but since he is not returning my phone calls, God knows if he will respond to my emails. Everyone keeps saying that US attorney is not the enemy, but at this moment, I think otherwise.
One thing I am not sure about is that in that order sent by the Judge, she ordered that this case "should not be summarily dismissed". Does that mean the attorney cannot dismiss my case at all or he still can do it somehow? Any ideas?

 

[SHAFFI]

Pineyan3,

You can send me a copy of your suit and a copy of the US attorney answer and a copy of the judge's answer. Please omit the personal information as I am intrested in revieing the US attorney motion and the Judge's ruleing.

If I cant answer your question, I will ask one of my immigration atorrneys.

Good luck

 

[hayyyoot]

You should email

Pineyan;
In case you ended up in court, it will be favorable in the judge's eyes if you made an attempt to contact the AUSA, your only proof of that is to email him, or may be fax him, and just print out the email. In my opinion this might be a new tactic they are following (NOT TO NEGOTIATE WITH THE ENEMY-US), which is fine, roll up your sleeves, and get ready for a bloody fight. you either kick and squash an ass, or break your foot trying to hit an iron ass, either way, you avoid the feeling sorry for yourself situation.
By the way, in Nevada, the court has never made any desicions regarding those cases, negative or positive, all cases are still open some of them since January, does anybody know how can this happen???

I am in New York, an unfavorable battlefield for this type of lawsuits according to records listed in PACER. I am thinking of emailing the attorney, but since he is not returning my phone calls, God knows if he will respond to my emails. Everyone keeps saying that US attorney is not the enemy, but at this moment, I think otherwise.
One thing I am not sure about is that in that order sent by the Judge, she ordered that this case "should not be summarily dismissed". Does that mean the attorney cannot dismiss my case at all or he still can do it somehow? Any ideas?

 

[dhua]

First Post

Hi Everyone,
I was in stealth mode in this forum since 3 weeks ago and trying to catching up this long long thread. The lawsuit is finally filed on 9/19/06.

Best regards,
dhua

 

[oceanside]

more updates

Hi, aasub, Shaffi and other friends,

I talked to the AUSA again today and hoped she could reconsider her decision. She insisted that, although Plaintiff can file a lawsuit in the district who resides, in my case "technically speaking" I don't reside in San Diego. Since I am a non-resident alien, I cannot use my US address as my residence. She emphasized again that there were previous cases dismissed due to lack of venue. I feel there's a bloody fight in front of me. I guess the next step for me to do is to file a response after I receive her motion. Do you guys think I need to hire a lawyer now? I checked with one, and she asked for $3K plus costs and expenses. Kind of expensive!

Oceanside,

It seems to me, based on your writing, that your AUSA may be referring to a "diversity" case. This occurs when a "citizen" files a case in a different jusrisdiction from the defendant. In this case the word "citizen" is not being used in the same way that you and I normally think about it - but in a more generic manner as in a regular "joe six pack" kind of way.

So what she is saying is that since the delay/grievance is taking place in Nebraska, and you live in California, then she has no jurisdiction. That being said, it still remain total BS. Just wait for her motion and file a reply immediately. If you paste here the main elements of her reply, we can collectively draft a reply to help you. An I-485 case is federal question and thus proper jusrisdiction lies with the federal court. Further, it follows that proper venue would be the federal court that serves the area where the applicant lives.

This is not a diversity case - it is a federal question. You application is with USCIS, a federal government agency. The fact that the application is being handled in Nebraska is quite irrelevant as USCIS is not a Nebraska agency. Perhaps you may call her and educate her in advance - because I get the sense that she is just trying to buy time and play around with you.

Cheers and good luck. We are here for you. Don't ever let those guys intimidate you. Never.

 

[pineyan3]

Pineyan3,

You can send me a copy of your suit and a copy of the US attorney answer and a copy of the judge's answer. Please omit the personal information as I am intrested in revieing the US attorney motion and the Judge's ruleing.

If I cant answer your question, I will ask one of my immigration atorrneys.

Good luck

Thank you very much, SHAFFI. I will keep you posted once I hear something from the US attorney, who hopefully will do something, anything, by the end of the week. Keep my fingers crossed.

 

[pineyan3]

Pineyan;
In case you ended up in court, it will be favorable in the judge's eyes if you made an attempt to contact the AUSA, your only proof of that is to email him, or may be fax him, and just print out the email. In my opinion this might be a new tactic they are following (NOT TO NEGOTIATE WITH THE ENEMY-US), which is fine, roll up your sleeves, and get ready for a bloody fight. you either kick and squash an ass, or break your foot trying to hit an iron ass, either way, you avoid the feeling sorry for yourself situation.
By the way, in Nevada, the court has never made any desicions regarding those cases, negative or positive, all cases are still open some of them since January, does anybody know how can this happen???

Thanks for the advice, Hayyyoot. I will email him tonight. Meanwhile I will pray for all of us who are going through this ordeal.

 

[SHAFFI]

Hi, aasub, Shaffi and other friends,

I talked to the AUSA again today and hoped she could reconsider her decision. She insisted that, although Plaintiff can file a lawsuit in the district who resides, in my case "technically speaking" I don't reside in San Diego. Since I am a non-resident alien, I cannot use my US address as my residence. She emphasized again that there were previous cases dismissed due to lack of venue. I feel there's a bloody fight in front of me. I guess the next step for me to do is to file a response after I receive her motion. Do you guys think I need to hire a lawyer now? I checked with one, and she asked for $3K plus costs and expenses. Kind of expensive!

Afew holes in this US attorney theory:

When the applicant filed his/her I-485, the applicant was able to obtain a EAD and work in the US legally, but in the otherhand, he has no right to fight for his/her rights in this country. Lets assume for the sake of the argument that she is right (which is NOT and I will get to that in a moment), what venue does she think non-immigrant should seek if their rights are violated? or os she saying that non-immigrants have no rights in this country. She is making this country look like a lawless jungle in the middle of the Amazon.

Now back to why she is wrong:

You are not the only one who was in this stuation, and the court system is flooded with lawsuits from applicants has the same exact case and most US attorneys who played the card this attorney it trying to pull on you got a big laugh from the Judges.

I must add, the number of people who are in the same boat as you are and sued and won is quite high. This lady is trying to intemidate you, they all do that.

You have rights in this country as long as you are legal, and you have the rights to sue and the venue if the US court in San Deigo is the right venue. DO NOT LET ANYONE TELL YOU OTHERWISE.

My best Wishes to you, Shaffi

 

[needsolution]

Does anyone know about IBIS "SIR" cases, what "SIR" stands for?

Does anyone know about IBIS "SIR" cases, what "SIR" stands for?

Question 1: Does anyone know what "SIR" stands for?
and
Question 2: How does a naturalization application gets classified as a "SIR"?

http://judiciary.house.gov/media/pdfs/maxwell072706.pdf

On page 51, it talks about IBIS "SIR" Cases:

B. Instructions Regarding Pending IBIS “SIR” Cases Until further notice, no USCIS office is to perform resolution on any pending “SIR” Remember the “SIR” process terminated with the November 29, 2004 memorandum; all outstanding “SIRS” are now part of the backlog of “SIR” cases at the National Security and Threat Protection unit (NSTP—the component of ICE that assumed national security IBIS resolution activity from the INS National Security Unit). The ONLY National Security/Terrorism-related IBIS resolutions to be conducted by USCIS offices are thos eassociated with the National Security Notification (NSN) process created with the November 29, 2004 memorandum. When confronted with litigation, an office with a pending “SIR” should contact the FDNS for assistance. FDNS will request expedited processing from the NSTP for those cases ONLY

 

[milena]

Beware of Houston TX 1447b

Did a little analysis of the approx 70 cases filed 10% of them have >4 months or greater pending. 2 are from the Houston area with not much success after
06/06 filing date. It seem the AUSA is very aggressive with motion to dismiss cases. Yikes I also filed in this immigration hell hole.

Ournyla-----------Houston----------------01/03/06-------------05/09/06-------
Portuch-----------Los Angeles, CA--------04/04/06------------08/09/06---------
pro*se-----------------------------------05/20/04-------------07/12/06--------09/05/06
Publicus-------------------------------------------------------10/29/05--------01/09/06
Qim---------------Northern CA------------04/05/05-------------02/06/06--------05/12/06
Ralphy -----------Maryland----------------xx/xx/xx-------------03/xx/06--------08/04/06
realsuperK--------Eastern, MO------------08/09/05-------------03/09/06--------06/02/06
robwaiter---------Boston ----------------05/12/06-------------09/21/06--------
RWDW------------North District of IL-----04/18/06-------------09/05/06---------
said904-----------FL--------------------06/2004--------------06/2006---------
sakun--------------Houston, TX----------03/2005--------------08/22/06--------
sam1973-----------Eastern, VA-----------09/13/05--------------04/27/06--------
sanka----------------------TX-----------01/2005--------------05/31/06---------08/31/06
Screaming_eagle -------------------------03/02/05--------------03/20/06-----
Sfaizullah----------Newark, NJ---------------- ------------------05/05/06 ------
stoyan79----------Chicago, IL------------01/19/06-------------08/21/06--------
SyedNaqvi---------LA, CA----------------10/24/05--------------04/07/06--------06/16/2006
syt----------------San Francisco, CA-----04/12/06--------------08/11/06--------09/26/06
TheRock20148-----Eastern District, VA----08/10/05--------------07/11/06--------09/15/06
verywang----------Boston, MA----------------------------------05/22/06--------09/13/06
Vmlnj--------------NJ--------------------01/27/04--------------01/30/06--------04/10/06
waitinginDallas-----Eastern Dist,TX--------08/29/05--------------05/08/06--------
xvistik-----------------------------------02/2005-------------08/02/06----------09/12/06
Yousif------------Houston-------------------------------------04/2006----------06/21/06