Bushmaster
Registered Users (C)
Can someone check out what I wrote in post #5661? I am curious.
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
gctarget06
Registered Users (C)
Hey Frankxie...good luck on your WOM filing...!!! you mentioned your PD is (7/2001) wondering if your PD is current right now ?? I am also planning to file mine as soon as my PD (6/2001, EB3) becomes current...
dispressmom
Registered Users (C)
My case update
Thank you, Needsolution and ICUDOC. I am in Kansas.
I received the application with approval stamp today, the date of the approval stamp is Sep 26. Her letter to me mention:
Enclosed you will find a copy of you application for Naturalization showing that it has been approved. The Naturalization Ceremony is set for Nov 17, 2006. Notice of the hearing will not go out for another three weeks.
It seems the "final hearing" did mean oath ceremony.
I went to the satilite office of USCIS. They told me my name check is cleared and I am in line for oath ceremony. But they don't have the authority to decide my oath date, only Kansas City office can do that, and they don't know when my oath date will be.
So, here is my decision. I wrote to the U.S. attorney and gave her two options:
1. Extend my complaint for another 60 days (I assumed that the oath date will be on Nov 17)
2. Put my claim on abeyance untile I am sworn in.
Thank you, Needsolution and ICUDOC. I am in Kansas.
I received the application with approval stamp today, the date of the approval stamp is Sep 26. Her letter to me mention:
Enclosed you will find a copy of you application for Naturalization showing that it has been approved. The Naturalization Ceremony is set for Nov 17, 2006. Notice of the hearing will not go out for another three weeks.
It seems the "final hearing" did mean oath ceremony.
I went to the satilite office of USCIS. They told me my name check is cleared and I am in line for oath ceremony. But they don't have the authority to decide my oath date, only Kansas City office can do that, and they don't know when my oath date will be.
So, here is my decision. I wrote to the U.S. attorney and gave her two options:
1. Extend my complaint for another 60 days (I assumed that the oath date will be on Nov 17)
2. Put my claim on abeyance untile I am sworn in.
Is there any approved case in Chicago?
I filed my 1447b case on Sept 8, 2006. One month passed, I haven't heard anything yet. I tried to call the assistant attoney assigned to my case but she never answered the phone. I left voice mail but she never returned. What should I do next? Is there any suggestion? Thank you.
PD: Jan 7,2006 (NSC)
ID: May 10, 2006 (Chicago)
1447B on Sept 8, 2006 (122 days from interview)
AD: ????
OD: ????
I filed my 1447b case on Sept 8, 2006. One month passed, I haven't heard anything yet. I tried to call the assistant attoney assigned to my case but she never answered the phone. I left voice mail but she never returned. What should I do next? Is there any suggestion? Thank you.
PD: Jan 7,2006 (NSC)
ID: May 10, 2006 (Chicago)
1447B on Sept 8, 2006 (122 days from interview)
AD: ????
OD: ????
GCWaitEB12005
Registered Users (C)
THANKS PUBLICUS the Great
Publicus
The initiative taken by for this forum educated me and gave me the courage to file a WOM on August 30.
I got my approval emails today!!!!!!!
Did fingerprinting Aug 27. Had a LUD yest and emails today.
Thanks to all !!!!
Its amazing how powerful this forum has become in educating all..
Publicus
The initiative taken by for this forum educated me and gave me the courage to file a WOM on August 30.
I got my approval emails today!!!!!!!
Did fingerprinting Aug 27. Had a LUD yest and emails today.
Thanks to all !!!!
Its amazing how powerful this forum has become in educating all..
Thanks. It should be current. Last time I check that PD in my cat. is sometime 2005. http://travel.state.gov/visa/frvi/bulletin/bulletin_3032.html
gctarget06 said:
Bushmaster said:
Check here:
http://www.immigrationportal.com/archive/index.php/t-224846.html
also here
http://www.immigrationportal.com/archive/index.php/t-226219.html
It seems the same like you. Maybe just USCIS update something.
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happyball said:
Hi, Happyball,
You said you filed joint WOM with your husband. We filed WOM several days ago, but only listed my husband as plaintiff. We both got stuck with name check. I am the derivative beneficiary of my husband. Do I have to add my name in there as a pliantiff, too? Or if if they start processing my husband's case, they will process mine, too?
We filed pro se. So we would appreciate if you or anyone can share your experince about this with us.
sara16 said:
Hi, Sara,
Yes, I filed a joint WOM together with my spouse. In my case, I and my spouse are both plaintiffs. The biggest reason for me to choose file the WOM together is all inquiry results I got including the latest infopass before I filed the WOM showed we were both stuck in name check. If I just list my name as the plaintiff and the lawsuit just can expedite my name check clearance, no help for my spouse's name check. And who knows how long it will be waitng then and maybe still need file another lawsuit. If we file together, I think at least it will push our name checks to move ahead. This is what i'm thinking. And the result of our case shows it works. I cannot suggest you which way is better because I am not the lawyer. You'd make the choice by yourself and be prepare to fight for it!
Good Luck!
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I-485 Application to Adjust Status Approved!!!
Alright friends, this is how it goes.
Please don't jump to conclusions ahead of time.
Disclaimer: Don't lose hopes even if you have made mistakes somewhere in the process. Very famous saying "God Help Those Who Help Themselves".
My hearing was ok... I am not proud of it at all... I think I posted somewhere aroung September 1st or 2nd what happened in my hearing... if not in short... Counsal to the Defendants informed the Judge that the day before hearing he found out that USCIS never requested the FBI expedite request on April 19, 2006 and was requested on the day before hearing. Then the Counsel in short say may be in 2 paragraphs repeated what he mentioned in his Motion to Dismiss. Judge asked my part of the story... and as I have mentioned before I was not prepared for the hearing what to say I just basically answered the best way I could to present why I think my case was stuck an how USCIS was showing irresponsibility and administrative failure to do follow up on my background checks as USCIS is responsible to render services as we pay them to and is responsible for following up with FBI not us the applicants. (Mine was not good at all I mean points were good but I am not a good speaker especially not a public speaker. Any ways in the end Judge spoke few words: Half he took my side and half he took Defendants side... He brought up the fact that we are human beings and should be treated as human beings... but he also sd that I should get a legal help to present my case properly in... he also sd that after reading my complaint and responses he felt like there was some kind of help I was getting and if that was true I should get them to come up and stand for me... when he said that I got confused that how would i be able to ask anyone from this forum to represent me and stand by me... neither I had money to hire a lawyer... (basically I had some mistakes in my original complaint and I did not do good during my hearing as far as my speaking skills are concerned and did not discuss about the laws and cases that supported my complaint) so here I was worried and thinking I dont want the judge to give a ruling that I need to bring a lawyer or legal help to pursue my case... he before closing did ask me what did I want from him he said "so what do you want us to do" ... I respecfully answer that all I need is to please ask the Defendants to process my application as they are processing applications filed after me and getting their background checks done... the Judge sd ok he will see what he can do... and that was it...
Now if you read this you would think that judge granted my case in my favor... but no... Judge dismissed my case stating:
CONCLUSION
The Court does not have subject matter jurisdiction in this case. However, dismissal
will be without prejudice because Plaintiff’s claims, if properly pled, may have merit if the
FBI and USCIS persist in delaying adjudication of Plaintiff’s I-485 petition. Accordingly,
based on all the files, records, and proceedings herein, IT IS HEREBY ORDERED that:
1. Defendants’ Motion to Dismiss (Docket No. 10) is GRANTED;
2. Plaintiff’s Motion for Judgment (Docket No. 19) is DENIED;
3. Plaintiff’s Motion for Hearing (Docket No. 20) is GRANTED; and
4. This case is DISMISSED without prejudice.
Now I think where every thing went wrong for me, like the AUSA was lying about the expedite, AUSA did not want to even consider to take 30 days and get things done, three things went for me... and I think that is where the Counsel for the Defendants really got afraid that he was going to lose... 1) During the hearing I stretched every way I could right from the beginning how USCIS wasted time of this plaintiff by filing the statements that the FBI name check expedite was filed and they did not even bother to follow up on the expedite request... this is what they did while having a case against them in the court... outside the court they tell applicants like this plaintiff only one thing now matter what question is presented to them their answer will be to check back in 6 months... (here judge laughed)... 2) The way Judge brought up the point of fact that we are humanbeings not animals and should be treated like human beings... I think if I was AUSA it could have scared my $#*@ out too... 3) the Judge took full 20 days to respond to the hearing... it could be one thing that he was waiting me to bring in some legal representation before he had made his judgment but I think the Defendant's counsel must have taken it a hint to get things moving before the real judgment was made...
lets move on...
Now, frankly speaking... I beleive that Defendants counsel/USCIS did not request FBI name check expedite request until after 2 weeks after hearing... I beleive on September 15, 2006 was the date where USCIS requested FBI name check expedite for me... I am sure people over here who are some computer literate would agree with me... the system USCIS uses which shows us the status online is directly showing us the result of the activities made on our cases... I have spoken with the AUSA 3 times and all three time the dates changed on my cases I mean only dates not the original message of case status that stayed the same 2 year old message... so when ever the date would change I would know that AUSA had called USCIS to follow upp on my case... the last date did not change until 09/15... it did not change on or around or before or after 08/29 which AUSA claimed that the mistake was corrected and the request was finally sent to FBI... I know some people will not agree with me on this but ths is my observation... because I have created some programs where you don't really have to make any modifications... you can only open a case and the system can show when was the last time your case was opened... so anyways time to move on...
On September 19, saw the Judge final judgement on pacer... very worried... started thinking about really hiring a lawyer not knowing how I would pay the legal fees... found some real good lawyers... emailed them... they replied back... one asked for $7k... one asked for $3k... but could not get my self together to go and meet a lawyer in person... I then was thinking may be it is good that I moved to TX so I don;t have to appeal and after giving USCIS 6 - 12 more months can file again Pro Se or with a lawyer... but anyways time to move on again...
On September 29, I received emails stating that my I-485 and I-130 has been approved and a welcome notice is mailed to me... Today I received an email stating that:
"On October 4, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready."
I was very afraid of checking my mails today because for last 2/3 days I have been checking my mails but was disappointed that no mail from USCIS... I finally checked my mail 1 hour ago and found my approval notice stating that my I-485 has been approved and welcome to the US.
Now, I know I made mistakes and really really I am not very happy about them... but I had to do the best I could... I would please beg and recommend to please do your homework well... read the first 50-60 pages of this forum before filing your complaint... my mistake was that I just read first 3-4 pages and filed my complaint and made mistakes... that is why I resommend to please read 50 - 60 pages before preparing your case... keep it concise and straight and short... and every thing will be ok...
Finally I am out of this Back Ground Check Torture... I knew I have never done any thing wrong... but still the mental stress alone besides other financial and physical issues was too much stressful...
Did you guys see, it can take USCIS only 2 - 3 weeks to finish every thing if they really want to... So please, just stand for yourself... and remember I had to be fair and truth full to my friends here on this forum and that is why I had to put my case results on this forum to make sure that my friends dont make mistakes... trust me I thought and got a lot worried about the responsibility to not put my friends at this forum down by losing this case... but trust me I could not do any better... it is easier to say I could have just withdrawn my case or hired a lawyer... but nothing was easier for me especially with my personal problems I have which unfortunately I can not share... so please once again just keep your comaplint concise to the point and ask a lot of questions... and this is rare but if time comes just be prepared for the hearing... the Judges are here to listen to you and your case... they are not going to blind favor the govt...
Finally I am a Legal Permanent Resident... A Very Very Long journey to an end...
THANK YOU PUBLICUS, MOHAMEDMOHAMED, SUZY, BO, TSA, NEEDSOLUTION, XU, GCMERA, HAPPYBALL, AND THERE ARE SO MANY WHOM I LEARNED FROM... THANK YOU ALL SO MUCH...
THANK YOU ALL MY FRIENDS OF THIS FORUM...
I am going to make sure that I keep coming on this forum and help my friends to not make the mistakes I made... I know some of my friends on this forum will hate me some will support me... I apologize for letting you down in some way but I would say to please look at the bright side I am presenting an example so that my friends do not make mistakes... keep having faith in this justice system... We Will All Win Because We All Are Very Law Abiding and good Citizens of this "WORLD"
GOOD LUCK!!!
Alright friends, this is how it goes.
Please don't jump to conclusions ahead of time.
Disclaimer: Don't lose hopes even if you have made mistakes somewhere in the process. Very famous saying "God Help Those Who Help Themselves".
My hearing was ok... I am not proud of it at all... I think I posted somewhere aroung September 1st or 2nd what happened in my hearing... if not in short... Counsal to the Defendants informed the Judge that the day before hearing he found out that USCIS never requested the FBI expedite request on April 19, 2006 and was requested on the day before hearing. Then the Counsel in short say may be in 2 paragraphs repeated what he mentioned in his Motion to Dismiss. Judge asked my part of the story... and as I have mentioned before I was not prepared for the hearing what to say I just basically answered the best way I could to present why I think my case was stuck an how USCIS was showing irresponsibility and administrative failure to do follow up on my background checks as USCIS is responsible to render services as we pay them to and is responsible for following up with FBI not us the applicants. (Mine was not good at all I mean points were good but I am not a good speaker especially not a public speaker. Any ways in the end Judge spoke few words: Half he took my side and half he took Defendants side... He brought up the fact that we are human beings and should be treated as human beings... but he also sd that I should get a legal help to present my case properly in... he also sd that after reading my complaint and responses he felt like there was some kind of help I was getting and if that was true I should get them to come up and stand for me... when he said that I got confused that how would i be able to ask anyone from this forum to represent me and stand by me... neither I had money to hire a lawyer... (basically I had some mistakes in my original complaint and I did not do good during my hearing as far as my speaking skills are concerned and did not discuss about the laws and cases that supported my complaint) so here I was worried and thinking I dont want the judge to give a ruling that I need to bring a lawyer or legal help to pursue my case... he before closing did ask me what did I want from him he said "so what do you want us to do" ... I respecfully answer that all I need is to please ask the Defendants to process my application as they are processing applications filed after me and getting their background checks done... the Judge sd ok he will see what he can do... and that was it...
Now if you read this you would think that judge granted my case in my favor... but no... Judge dismissed my case stating:
CONCLUSION
The Court does not have subject matter jurisdiction in this case. However, dismissal
will be without prejudice because Plaintiff’s claims, if properly pled, may have merit if the
FBI and USCIS persist in delaying adjudication of Plaintiff’s I-485 petition. Accordingly,
based on all the files, records, and proceedings herein, IT IS HEREBY ORDERED that:
1. Defendants’ Motion to Dismiss (Docket No. 10) is GRANTED;
2. Plaintiff’s Motion for Judgment (Docket No. 19) is DENIED;
3. Plaintiff’s Motion for Hearing (Docket No. 20) is GRANTED; and
4. This case is DISMISSED without prejudice.
Now I think where every thing went wrong for me, like the AUSA was lying about the expedite, AUSA did not want to even consider to take 30 days and get things done, three things went for me... and I think that is where the Counsel for the Defendants really got afraid that he was going to lose... 1) During the hearing I stretched every way I could right from the beginning how USCIS wasted time of this plaintiff by filing the statements that the FBI name check expedite was filed and they did not even bother to follow up on the expedite request... this is what they did while having a case against them in the court... outside the court they tell applicants like this plaintiff only one thing now matter what question is presented to them their answer will be to check back in 6 months... (here judge laughed)... 2) The way Judge brought up the point of fact that we are humanbeings not animals and should be treated like human beings... I think if I was AUSA it could have scared my $#*@ out too... 3) the Judge took full 20 days to respond to the hearing... it could be one thing that he was waiting me to bring in some legal representation before he had made his judgment but I think the Defendant's counsel must have taken it a hint to get things moving before the real judgment was made...
lets move on...
Now, frankly speaking... I beleive that Defendants counsel/USCIS did not request FBI name check expedite request until after 2 weeks after hearing... I beleive on September 15, 2006 was the date where USCIS requested FBI name check expedite for me... I am sure people over here who are some computer literate would agree with me... the system USCIS uses which shows us the status online is directly showing us the result of the activities made on our cases... I have spoken with the AUSA 3 times and all three time the dates changed on my cases I mean only dates not the original message of case status that stayed the same 2 year old message... so when ever the date would change I would know that AUSA had called USCIS to follow upp on my case... the last date did not change until 09/15... it did not change on or around or before or after 08/29 which AUSA claimed that the mistake was corrected and the request was finally sent to FBI... I know some people will not agree with me on this but ths is my observation... because I have created some programs where you don't really have to make any modifications... you can only open a case and the system can show when was the last time your case was opened... so anyways time to move on...
On September 19, saw the Judge final judgement on pacer... very worried... started thinking about really hiring a lawyer not knowing how I would pay the legal fees... found some real good lawyers... emailed them... they replied back... one asked for $7k... one asked for $3k... but could not get my self together to go and meet a lawyer in person... I then was thinking may be it is good that I moved to TX so I don;t have to appeal and after giving USCIS 6 - 12 more months can file again Pro Se or with a lawyer... but anyways time to move on again...
On September 29, I received emails stating that my I-485 and I-130 has been approved and a welcome notice is mailed to me... Today I received an email stating that:
"On October 4, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready."
I was very afraid of checking my mails today because for last 2/3 days I have been checking my mails but was disappointed that no mail from USCIS... I finally checked my mail 1 hour ago and found my approval notice stating that my I-485 has been approved and welcome to the US.
Now, I know I made mistakes and really really I am not very happy about them... but I had to do the best I could... I would please beg and recommend to please do your homework well... read the first 50-60 pages of this forum before filing your complaint... my mistake was that I just read first 3-4 pages and filed my complaint and made mistakes... that is why I resommend to please read 50 - 60 pages before preparing your case... keep it concise and straight and short... and every thing will be ok...
Finally I am out of this Back Ground Check Torture... I knew I have never done any thing wrong... but still the mental stress alone besides other financial and physical issues was too much stressful...
Did you guys see, it can take USCIS only 2 - 3 weeks to finish every thing if they really want to... So please, just stand for yourself... and remember I had to be fair and truth full to my friends here on this forum and that is why I had to put my case results on this forum to make sure that my friends dont make mistakes... trust me I thought and got a lot worried about the responsibility to not put my friends at this forum down by losing this case... but trust me I could not do any better... it is easier to say I could have just withdrawn my case or hired a lawyer... but nothing was easier for me especially with my personal problems I have which unfortunately I can not share... so please once again just keep your comaplint concise to the point and ask a lot of questions... and this is rare but if time comes just be prepared for the hearing... the Judges are here to listen to you and your case... they are not going to blind favor the govt...
Finally I am a Legal Permanent Resident... A Very Very Long journey to an end...
THANK YOU PUBLICUS, MOHAMEDMOHAMED, SUZY, BO, TSA, NEEDSOLUTION, XU, GCMERA, HAPPYBALL, AND THERE ARE SO MANY WHOM I LEARNED FROM... THANK YOU ALL SO MUCH...
THANK YOU ALL MY FRIENDS OF THIS FORUM...
I am going to make sure that I keep coming on this forum and help my friends to not make the mistakes I made... I know some of my friends on this forum will hate me some will support me... I apologize for letting you down in some way but I would say to please look at the bright side I am presenting an example so that my friends do not make mistakes... keep having faith in this justice system... We Will All Win Because We All Are Very Law Abiding and good Citizens of this "WORLD"
GOOD LUCK!!!
Haddy said:
Dear Haddy,
I'm standing here to give you applause... You are another hero! And then I want say: Did you see that? You still win!
Just 10 days later after Judge dismissed. Congratulations!!! Now I know the last part of your lawsuit story. Sorry, I'm a little hurry about it and probably push you a little bit to post here. After reading the whole story of your lawsuit, I pay my highest respect to your spirit fighting for your rights (If you read this forum from page 84 to page 380, you will know his story and who he is). You are one of the earliest persons to sue USCIS based WOM for AOS in this forum. You are first person to sharing your detail hearing experience in this forum. Even after you hear the bad news from Judge, you are still around here to help more new faces in this forum to avoid making mistakes. You sealed your bad news until now you 100% make sure you got the positive news... I am so proud of you. You deserve the applause from all the friends in this forum.
I think your lawsuit still works. Otherwise, you won't hear the approval news at 10 days after dismissing your case. You did it !!! Deserve it!!! Enjoy it!!!
Thank you, Haddy, for contributing us your rich experience here!
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Thank you...
Thank you everyone... I know we have to keep fighting untol USCIS changes their processes... is goingto be 3 years - 3 months for me... but seems more than 5 years... you all are great!!! thank you...
z350 said:You're not done yet. You just got some rest for 5 years - 90 days
Thank you everyone... I know we have to keep fighting untol USCIS changes their processes... is goingto be 3 years - 3 months for me... but seems more than 5 years... you all are great!!! thank you...