Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
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Dear Junhuaw
Billa's case was different from yours... Billa has to yet prepare the lawsuit... if you have already prepare yours and have read first 60 - 80 pages and seen some successful stories and feel good about your complaint... go ahead and file your complaint... I don;t if yours is 1447b or WOM... even if you like to PM me your draft I can look at it... Good Luck...
Dear Junhuaw,junhuaw said:
Billa's case was different from yours... Billa has to yet prepare the lawsuit... if you have already prepare yours and have read first 60 - 80 pages and seen some successful stories and feel good about your complaint... go ahead and file your complaint... I don;t if yours is 1447b or WOM... even if you like to PM me your draft I can look at it... Good Luck...
Thanks Haddy! It is very encouraging to read your story, really!
Mine is WOM for I-485 cases which was filed 2 hours ago, and served the summon to US attorney's office as well (what I got back was a "received" stamp on the copy of the summon). Seems smooth so far
I have read many pages of this thread and several complaints on PACER in my district, but I think I am still not very clear on some procedures.
One question is: do I need to wait for the delivery confirmation to file the retturn receipt? I saw some people just use the certified mail receipt (not delivery confirmation).
I will let you know what the progress is. Thanks again!
Mine is WOM for I-485 cases which was filed 2 hours ago, and served the summon to US attorney's office as well (what I got back was a "received" stamp on the copy of the summon). Seems smooth so far
I have read many pages of this thread and several complaints on PACER in my district, but I think I am still not very clear on some procedures.
One question is: do I need to wait for the delivery confirmation to file the retturn receipt? I saw some people just use the certified mail receipt (not delivery confirmation).
I will let you know what the progress is. Thanks again!
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filed I485 WOM today
I did it at California Central District at Downtown LA. Everything was smooth. The clerk was very nice. One clarification, all defendants should be put onto a single summon form (at least required at this court). The clerk returned 2 copies to me with case number stamped. She said I could make more copies if I have multiple defendants.
I did it at California Central District at Downtown LA. Everything was smooth. The clerk was very nice. One clarification, all defendants should be put onto a single summon form (at least required at this court). The clerk returned 2 copies to me with case number stamped. She said I could make more copies if I have multiple defendants.
download Pro Se package from the web site
Oceanid99, Why not just download it from the court website? Those forms are inputable PDF files, to which you can fill out directly on the computer. California Central District court's site has these forms, not sure if other courts' website have them.
OCEANID99 said:
Oceanid99, Why not just download it from the court website? Those forms are inputable PDF files, to which you can fill out directly on the computer. California Central District court's site has these forms, not sure if other courts' website have them.
Hi Guys,
I will be filling my 1447b my self in USDC Eastern District of Michigan this week. So I decided to go for an Info Pass to check the status of my case before filling it. Found that name check is still pending. Then I went to the court and bug the very unhelpful clerk for a while. I searched the pacer and went through all of the cases from 04 to 06 filed under 1447b. Observed most of the cases filed by attorney, only two cases were filed pro se. Found that most of the cases were settled and dismissed with / without prejudice. Found one very interesting case that was filed in 2004, in the case district attorney filed a motion to dismiss the case on the ground that the court does not have jurisdiction over the case, in there defense USA used example Danilov v. Aguirre. Plaintiff did not file any motion against it but the judge responded and denied the request for dismissing the case and said the court does has the jurisdiction over the case and she used several examples, Castracani v. Chertoff; El-Daour v. Chertoff and Essa v. USCIS. But at the end judge said, “As the court ruled in El-Daour and Essa, without the criminal background check complete, the court is not equipped to decide the petitioner’s naturalization application. Therefore, the court REMANDS the action to CIS for a prompt resolution following completion of the background check”. This is good at least in the sense that this court also approved that US District court does have jurisdiction over these kinds of cases, bad in the sense that judge did not gives an specific date to USCIS to complete the process. I do not know what the final result was because case was terminated. After this case I did see USA filed any motion against any case and all of the 1447b cases were dismissed with/without prejudice. I have printed about 200 pages at the court library and I will be posting some of the files in my next posting. I will especially be posting three documents, US attorney motion to dismiss the case, judge argue and denies the motion and in another case an attorney ask the judge to give an specific date do not just say to expedite.
Thank you so much for reading
I will be filling my 1447b my self in USDC Eastern District of Michigan this week. So I decided to go for an Info Pass to check the status of my case before filling it. Found that name check is still pending. Then I went to the court and bug the very unhelpful clerk for a while. I searched the pacer and went through all of the cases from 04 to 06 filed under 1447b. Observed most of the cases filed by attorney, only two cases were filed pro se. Found that most of the cases were settled and dismissed with / without prejudice. Found one very interesting case that was filed in 2004, in the case district attorney filed a motion to dismiss the case on the ground that the court does not have jurisdiction over the case, in there defense USA used example Danilov v. Aguirre. Plaintiff did not file any motion against it but the judge responded and denied the request for dismissing the case and said the court does has the jurisdiction over the case and she used several examples, Castracani v. Chertoff; El-Daour v. Chertoff and Essa v. USCIS. But at the end judge said, “As the court ruled in El-Daour and Essa, without the criminal background check complete, the court is not equipped to decide the petitioner’s naturalization application. Therefore, the court REMANDS the action to CIS for a prompt resolution following completion of the background check”. This is good at least in the sense that this court also approved that US District court does have jurisdiction over these kinds of cases, bad in the sense that judge did not gives an specific date to USCIS to complete the process. I do not know what the final result was because case was terminated. After this case I did see USA filed any motion against any case and all of the 1447b cases were dismissed with/without prejudice. I have printed about 200 pages at the court library and I will be posting some of the files in my next posting. I will especially be posting three documents, US attorney motion to dismiss the case, judge argue and denies the motion and in another case an attorney ask the judge to give an specific date do not just say to expedite.
Thank you so much for reading
Permanent Resident
**************** Y A H O O O O O O ********************
I got my Green Card Today. It has all correct information on it. Few days ago I received my approval notice with wrong Alien #. But seems it was just a human typo error... Permanent Resident card has all correct info... I am so thankful to this Forum... My friends on this forum used to tell me not to worry and the hard stage will be over soon... and they were correct... My case was one of those cases which prolonged for longer time... but that was because unluckily I got a bad @$$ AUSA... which is very very rare... but still I am today Legal Permanent Resident... I am example like many on this forum... that Waitint for these USCIS @#$%^&* doesnt do anything other than deterioration of your own health, finances and time... one is always worried about name check would go wrong because there might be someone of the same name like mine in this world with criminal background and FBI has a record for that person and my name would match that persons name... but this is all BS... if you don't have anything wrong with your background then we should not be treated like criminals and should not be waiting for their @$$es to move...
Happyball, I would not call USCIS about the second notice... they are dum... I had the same experience few weeks ago... I called in because some one sent me a notice after I updated my address with wrong I-485 receipt number and the lady hung up on me when I asked her to trfr me to her supervisor... I think this was the same lady who hung up on you... I know you are trying to be nice so that USCIS can correct their mistake... but man they don't know a word about being nice...
I have always been shy about putting my timeline on record but here it is:
07/2004 I485 filed
04/2005 Interview
04/2006 WOM, Pro Se filed
06/2006 Motion to Dismiss by AUSA
06/2006 Infopass USCIS still name check pending and no FBI Expedite request made on my case (totally opposite to what AUSA stated in Motion to Dismiss)
07/2006 filed Response or Breif to Dismiss Motion to Dismiss
08/2006 Hearing
09/2006 Judge Dismissed without Prejudice stating no jurisdiction but if case was Pled properly the outcome could have been different... (basically leaving room open for me to file again if I would like to file again with or without a lawyer's help...
09/29/2006 emails from USCIS I-485 case approved...
10/04/2006 emails from USCIS Green Card ordered...
10/10/2006 Received I-551 Permanent Resident Card (Green Card)
In March / April I was working 2 jobs... I only read 2-3 pages and prepared my case and filed... I had choice either to withdraw or Amend case but I did ot want to give USCIS any more time... I was tired of them playing games with my life... I kept going... I should have just filed Amended complaint... but any ways... I lost my case but the way Judge did the Hearing... I was surprised... the way he brought up the point that people like this Plaintiff are human beings and should be treated like human beings... I did not hear AUSA speaking for quite some time... but any ways the Judge dismissed my case... But I think due to that fear the judge put on AUSA he finally decided to ASK USCIS to MOVE THEIR @$$e$S fast... and with the help of GOD I am Legal Permanent Resident...
If I had not filed my cae I would have been sitting waiting on mercy of USCIS thinking they are the GODS and will process my application when ever they feel like is good time for them to process...
This is a BIG THANK YOU moment for all of you who read this post... who read this forum... who filed and won... who filed and are in waiting... who are thinking about filing... I thank you and personally I fell like we are the LUCKIEST ones to find this forum... TRUELY if I had not find this forum by doing Google Search " Waiting for USCIS Approval " and kept looking for something to help me get my case process... I would have been on USCIS's mercy... It is our responsibility to tell our friends / families / relatives about this forum so that every one can take benefit out of it... we don;t have to tell our ID's on this forum... no one care about IDs... every one cares about eachother's problems... so just spread the word about this Forum... 2 days ago I was reading PUBLICUS notes... man... PUBLICUS is our true hero... if Publicus had not taken interest in fighting his case with USCIS no one would have ever found out that there is a way to fight these SOBs...
So All of You Good Luck... no matter at what stage we are in this forum... we are in the right track... the tough time will be over and soon you will be writing your success stories on this forum... so Good Luck... and ask questions... some one will definitly answer... or at least try to help... I am so thank ful to every one from old folks and new folks on this forum who helped me that I have no words...
THANK YOU!!!
**************** Y A H O O O O O O ********************
I got my Green Card Today. It has all correct information on it. Few days ago I received my approval notice with wrong Alien #. But seems it was just a human typo error... Permanent Resident card has all correct info... I am so thankful to this Forum... My friends on this forum used to tell me not to worry and the hard stage will be over soon... and they were correct... My case was one of those cases which prolonged for longer time... but that was because unluckily I got a bad @$$ AUSA... which is very very rare... but still I am today Legal Permanent Resident... I am example like many on this forum... that Waitint for these USCIS @#$%^&* doesnt do anything other than deterioration of your own health, finances and time... one is always worried about name check would go wrong because there might be someone of the same name like mine in this world with criminal background and FBI has a record for that person and my name would match that persons name... but this is all BS... if you don't have anything wrong with your background then we should not be treated like criminals and should not be waiting for their @$$es to move...
Happyball, I would not call USCIS about the second notice... they are dum... I had the same experience few weeks ago... I called in because some one sent me a notice after I updated my address with wrong I-485 receipt number and the lady hung up on me when I asked her to trfr me to her supervisor... I think this was the same lady who hung up on you... I know you are trying to be nice so that USCIS can correct their mistake... but man they don't know a word about being nice...
I have always been shy about putting my timeline on record but here it is:
07/2004 I485 filed
04/2005 Interview
04/2006 WOM, Pro Se filed
06/2006 Motion to Dismiss by AUSA
06/2006 Infopass USCIS still name check pending and no FBI Expedite request made on my case (totally opposite to what AUSA stated in Motion to Dismiss)
07/2006 filed Response or Breif to Dismiss Motion to Dismiss
08/2006 Hearing
09/2006 Judge Dismissed without Prejudice stating no jurisdiction but if case was Pled properly the outcome could have been different... (basically leaving room open for me to file again if I would like to file again with or without a lawyer's help...
09/29/2006 emails from USCIS I-485 case approved...
10/04/2006 emails from USCIS Green Card ordered...
10/10/2006 Received I-551 Permanent Resident Card (Green Card)
In March / April I was working 2 jobs... I only read 2-3 pages and prepared my case and filed... I had choice either to withdraw or Amend case but I did ot want to give USCIS any more time... I was tired of them playing games with my life... I kept going... I should have just filed Amended complaint... but any ways... I lost my case but the way Judge did the Hearing... I was surprised... the way he brought up the point that people like this Plaintiff are human beings and should be treated like human beings... I did not hear AUSA speaking for quite some time... but any ways the Judge dismissed my case... But I think due to that fear the judge put on AUSA he finally decided to ASK USCIS to MOVE THEIR @$$e$S fast... and with the help of GOD I am Legal Permanent Resident...
If I had not filed my cae I would have been sitting waiting on mercy of USCIS thinking they are the GODS and will process my application when ever they feel like is good time for them to process...
This is a BIG THANK YOU moment for all of you who read this post... who read this forum... who filed and won... who filed and are in waiting... who are thinking about filing... I thank you and personally I fell like we are the LUCKIEST ones to find this forum... TRUELY if I had not find this forum by doing Google Search " Waiting for USCIS Approval " and kept looking for something to help me get my case process... I would have been on USCIS's mercy... It is our responsibility to tell our friends / families / relatives about this forum so that every one can take benefit out of it... we don;t have to tell our ID's on this forum... no one care about IDs... every one cares about eachother's problems... so just spread the word about this Forum... 2 days ago I was reading PUBLICUS notes... man... PUBLICUS is our true hero... if Publicus had not taken interest in fighting his case with USCIS no one would have ever found out that there is a way to fight these SOBs...
So All of You Good Luck... no matter at what stage we are in this forum... we are in the right track... the tough time will be over and soon you will be writing your success stories on this forum... so Good Luck... and ask questions... some one will definitly answer... or at least try to help... I am so thank ful to every one from old folks and new folks on this forum who helped me that I have no words...
THANK YOU!!!
Dear Junhuaw
I will wait for the return receipts...junhuaw said:Thanks Haddy! It is very encouraging to read your story, really!
Mine is WOM for I-485 cases which was filed 2 hours ago, and served the summon to US attorney's office as well (what I got back was a "received" stamp on the copy of the summon). Seems smooth so far
I have read many pages of this thread and several complaints on PACER in my district, but I think I am still not very clear on some procedures.
One question is: do I need to wait for the delivery confirmation to file the retturn receipt? I saw some people just use the certified mail receipt (not delivery confirmation).
I will let you know what the progress is. Thanks again!
Hi happyball,
How about going for an InfoPass and asked them personally. I know it is very inconvenient but better than calling and waiting on line.
How about going for an InfoPass and asked them personally. I know it is very inconvenient but better than calling and waiting on line.
happyball said:Hi, All,
Both I with my spouse recieved the actual approval notices and the green cards at my present address about a week ago. I thought there is nothing I need to do with USCIS for our I-485 case since then. But not, today I got 5 new update emails from USCIS_CSSO and CRIS for my husband's I -485 case :
"On October 10, 2006, the card or document we had mailed to the applicant was returned by the post office as undeliverable. To update your address, please call the National Customer Service Center at (800) 375-5283."
I am so
(b). USCIS made double notices and cards for my husband but mailed to wrong address (can understand but need excuse)
I think the most possible is item (a). This is too bad and I know how anxiously everybody is waiting for their actual card and notice. So I think I should notice USCIS as soon as possible. I called 800 a hour ago, it seems 800 change the program and took me 40 mins to reach a representative. But today I am unlucky I met a bad lady:
Me: ...I am comfused about this information because my husband already recieved his actual approval notice and GC at the present address. What's this mean?
Rep.: this means ... and you need update your address.
I repeat my question again and said maybe they put wrong case need correct
Rep.: Have your husband recieved his card?
Me: Yes.
Rep.: I cannot understand why you call here. If you recieved the card, there is nothing need to worry about
Then she hung on the phone.
Now I really don't know how to say... Anyway, Notice: If you got approval information and 15 days passed there is no any update information. Probably you should contact USCIS to make sure. It seems it really cannot trust the USCIS. Nobody know what they are doing. Sorry, I probably make some nervous here.
Is there any possible I can reach the USCIS to notice them or make sure this information except calling 800?
Best wishes!
simple_guy
Registered Users (C)
1447b in Detroit (Eastern District of Michigan)
786riz, Could you post some of the PACER case numbers for 1447b cases in detroit. Somehow i couldn't find any case in my online PACER search. I will be filing 1447b after Oct 22.786riz said:
gctarget06
Registered Users (C)
Haddy said:
Hearty Congratulations Haddy.!!!
Thanks for sharing your timeline but your PD is still missing there...
would you mind sharing ?? Thanks.gctarget06
Registered Users (C)
I am wondering if a WOM can be file to get an AP to travel ? My AP has been pending for the same fuc**ng namecheck reason since december 2004. we have an urgent travel situation and we are stuck here because of these $ *#%$*% I'd have file my WOM but they are procesing the cases of Apr2001 right now and my PD is June 2001....Any senior folk out there would please comment ?? Publicus,Haddy, Happyball or anyone else please do share your opinion....
khalafah2000
Registered Users (C)
i saw a similar case in NJ. Judge denied the motion to dismiss, but said the same that he can't make a decision until the security clearance comes. I wonder what is the point in filing the suit, if the case is going to be remanded back to USCIS without any set timeline? This whole thing makes me sick.786riz said:
Also some cases get settled very quickly, others exact same ones take long time to get concluded.
gctarget06
Registered Users (C)
PD (Priority Date i.e. when the Labor petition was filed)
AP (Advance Parole or Travel document, issued on the basis of pending I485)
AP (Advance Parole or Travel document, issued on the basis of pending I485)
Do you have the same experience after you receive I-485 approal notice?
I filed my WOM for my I-485 in North of California on 8/4/2006 and got FP on 9/20/2006 and received a approval notice from USCIS ( Not formal welcome notice), in which I were told my I-485 was approved on 9/22/2006 and the green card may take "a few months" to issue.
I read some messages here. The actual green card only takes a few weeks.
Has anyone with WOM in North California the similar experince?
Thanks
Oct2006
I filed my WOM for my I-485 in North of California on 8/4/2006 and got FP on 9/20/2006 and received a approval notice from USCIS ( Not formal welcome notice), in which I were told my I-485 was approved on 9/22/2006 and the green card may take "a few months" to issue.
I read some messages here. The actual green card only takes a few weeks.
Has anyone with WOM in North California the similar experince?
Thanks
Oct2006
gctarget06 said:
You metioned AP is Advance Parole(I-131), right? I never heard AP pending due to waiting for name check??? You qualify to apply for Advance Parole just based on that you have submitted your I-485. Normally you will recieve it within 3 months after you applied. You really need check out! If you said it is your AP.
Best wishes!
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gctarget06
Registered Users (C)
Yes Happyball...I-131 is what I was talking about and unfortunately that is also pending for the same reason as I stated before. Although these as&^% were supposed to approve it within 3 months but they didn't citing the same &%$&% reason....My point is this...WOM is nothing but a legal complaint against the govt. agencies for not doing their job they are supposed to do in an allotted time. since it can be done for I-485, it should also be applied to other petitions as well including the I-131....what you guys think ???