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

[happyball]

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 ???

From your timeline, it seems your I-140 have not approved yet. Is that correct? If you is in this case, you need check out:

1. Regarding to your AP, please check out whether it must based on Approved I-140. (Please forgive me I don't remember this, I just remember approved I-140 situation). If there is no relationship with the I-140, USCIS should be something wrong.

2. Regarding to your GC, as I know, I-485 must based on the approved I-140. You need have your I-140 approved first then I-485. Check whether the present USCIS processing date in your center reach your ND and whether the visa # reach your PD.

Then decide what to do...

Good Luck!

 

[ApplyInDenver]

in your case, how come judge asked for hearing just couple of weeks after USA got served? my serv date is oct 03, anyway, i can get it expedited?

The Judge schedule a hearing before the AUSA has to answer, I guess the judge can do whatever he wants once the case is filed. The expedite is through AUSA, they usually will contact USCIS notifing them the law suit, and USCIS will send an expedite request to have this resolved faster.
Contact your AUSA and see if the USCIS has already sent an expedite request.

 

[ApplyInDenver]

Congratulations!

**************** 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!!!

Congratulations!!!!!!!!!!!!!!!!!!! You are one of the most unluck ones among this forum, but you still prevailed at the end!

To those still waiting
As I said before, your goal is not winning the law suit, but make USCIS expedite your case! That can only be done by filing a law suit!

 

[Haddy]

Thank you Apply Inn Denver

Congratulations!!!!!!!!!!!!!!!!!!! You are one of the most unluck ones among this forum, but you still prevailed at the end!

To those still waiting
As I said before, your goal is not winning the law suit, but make USCIS expedite your case! That can only be done by filing a law suit!

Thank you Apply Inn Denver,

You yourself are remarkable... We are proud of you to have USCIS beaten up in the court... I am sure they are right now working on their @$$es to get your application processed and get you your approval... keep checking your case status online... and like always... Thank You...

Just for information, I wonder what happened to those who wanted to fight USCIS to get their LPR dates adjusted... like mine is September 29 but this is because of USCIS... it could have been 14 to 15 months earlier if USCIS was not that lazy... so basically I could have been that much time closer to my Natz... Do you remember what happened to those who wanted to pursue this idea?

 

[Humbledbychk]

Hi All,

Here is update my 1447b lawsuit. Count me in Officially ...

This morning I filed 1447(b) as pro se in Chicaco district court.

My background preparation was following this thred in last 4 months ( Well I knew it before but started following seriously once I got in that Namecheck crap ). Had nicely written complaint and list of exhibits ready etc.

I got 2 sets of summons stamped. Immidiately after this I went to post office
1) sent to all defendents the official Summon + Complaint document.
2) Only in case of Alberto Gonzalez, Attorney General I send him his original summon + Complaint + "copy of other defendents summon".
3) I also sent to District Attorney Office of Chicago "photocopy of all Defendent's summons" + Complaint. Note as per FedCRP - You have to send to "Civil Process Clerk".

I sent everything by US postal service Priority + Certified + Return Receipt + Certificate of Mail option.

Now here my question. Specially those who have filed under Chicago District court. Other please feel free to advise me.

Question
1) When Can I file "return of Service" ? after 2-3 days when all postal mails are delivered - can take printout and attach the certified, web print & certificate of Mail. Will this be sufficient as resonable "process server" and accepted as "Return of Service".
2) When the 60 days clock start ? from the day AUSA office received my postal mail. So most likely from 10/12/2006 ? OR when AUSA got appointed for this ( may be 1 month from now ) ?

3) Also in chicago pro se package it says if Fed gov is Defendent - you have to submit "3 more" copies along with original + judge copy. When I tried to give them that "3 more copies" the did not take it ( in fact refused it ) telling me you need to serve them. It does not mater when I tried to explain them that I will serve the defendents but the "your own pro-se package says abt 3 more copirs if Fed gov is defendent in lawsuit". finally i just did when they told me. Does anybody has this experience before ?
3) did I miss anything after my filing. please do remind me.

Thx for your replys in advance.

 

[Geneva]

You can apply for AP as long as you submitted your I-485 application

You can apply for AP as long as you submitted your I-485. It should have nothing to do with I-140.
In my case, last year, I submitted my I140, I485, I131 together. I got my I131 approved months later, way before my I140 approved.

Hope it helps and good luck.

From your timeline, it seems your I-140 have not approved yet. Is that correct? If you is in this case, you need check out:

1. Regarding to your AP, please check out whether it must based on Approved I-140. (Please forgive me I don't remember this, I just remember approved I-140 situation). If there is no relationship with the I-140, USCIS should be something wrong.

2. Regarding to your GC, as I know, I-485 must based on the approved I-140. You need have your I-140 approved first then I-485. Check whether the present USCIS processing date in your center reach your ND and whether the visa # reach your PD.

Then decide what to do...

Good Luck!

 

[LAmorocco]

Can you file 1447(b) with no exhibits?

I lost my I-652 and have no intersting exhibits to attach to my 1447(b) complain. I never written to my congressman, FBI or USCIS. I only have my application receipt, a USCIS letter stating my background check is pending and one InfoPass.
Can I skip exhibits?
I am taking my complain to court tomorrow.
thanks

 

[junhuaw]

Dear Haddy,

I only picked up this thread recently and you are defintely one of the true heroes I have known!!! Congratulations!

I am also interested in the LPR dates - I was tempted to put that as one of the reliefs but didn't do so...

 

[Oct2003]

USCIS told me that actual green card may take "a few months" to be issued

Hi Al11,

I have the same question as your.
My I-485 was approved on 9/22/2006 after file WOM. After that I received a letter from USCIS California Service Centre, in which I were told that the card may take a few months to be issued

Good luck!
Oct2003

Does anyone know how long does it take to get the actual green card in the mail? My case was approved 8/21 and still haven't gotten anything. I received a letter yesterday to go to USCIS so they can stamp my passport.

 

[happyball]

You can apply for AP as long as you submitted your I-485. It should have nothing to do with I-140.
In my case, last year, I submitted my I140, I485, I131 together. I got my I131 approved months later, way before my I140 approved.

Hope it helps and good luck.

Thanks for your input!

 

[junhuaw]

Hi All,
1) When Can I file "return of Service" ? after 2-3 days when all postal mails are delivered - can take printout and attach the certified, web print & certificate of Mail. Will this be sufficient as resonable "process server" and accepted as "Return of Service".
2) When the 60 days clock start ? from the day AUSA office received my postal mail. So most likely from 10/12/2006 ? OR when AUSA got appointed for this ( may be 1 month from now ) ?

Hi Humbledbychk,

I am a newbie but interested in the answers to your questions since I almost did the same things as you did today. I know many people on this board wait for the return receipt but on PACER I saw laywers just filed a simple "certificate of service" without even the certified mail receipts:

"I HEREBY CERTIFY that on October 6, 2006, I caused to be mailed by United States Postal Services a copy of the xxx and a copy of this Certificate of Service, to the following non-CM/ECF participant:

Name
Address

Dated this ...

Signature etc"

 

[gcmera2]

Haddy and others

Haddy and others:

Can you let me know whether WOM would be still valid even though the case gets transferred to local office after filing the WOM. It is to my surprise that I have not received any reply or interview date from local office yet and it is already 50th day since I filed. Also I have NOT included local INS office as one of the defendants. I got reply from one of our friends on this forum that he was interviewed in NY very soon. My AUSA is not cooperative at all. She says she can not say until 60 days any thing.

 

[786riz]

Hi Simple_guy,
2:05-cv-72121-VAR
2:06-cv-12028-VAR-MKM
2:06-cv-14333-GER-PJK
2:05-cv-74218-PDB-WC
2:06-cv-12026-LPZ-RSW
There are a lot of, if you need more let me know.
Best regards

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]

Hi khalafah,
If you won't file the case USCIS would not move, so at least you make them move by suing them. Also, all of the cases that I saw that were under 1447b from 04 to 06 were dismissed with both parties agreement.


QUOTE=khalafah2000]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.
Also some cases get settled very quickly, others exact same ones take long time to get concluded.[/QUOTE]

 

[786riz]

Hi LAmorocco,
If you are filing under 1447b, you do not need any exhibits. I am filing my case this week and I am not including any exhibits. My 120 days over two weeks ago, I just had an Info pass, other then that nothing. I searched the pacer and found very few people include exhibits with 1447b.
Good luck.

I lost my I-652 and have no intersting exhibits to attach to my 1447(b) complain. I never written to my congressman, FBI or USCIS. I only have my application receipt, a USCIS letter stating my background check is pending and one InfoPass.
Can I skip exhibits?
I am taking my complain to court tomorrow.
thanks

 

[junhuaw]

one Answer from defendants

I saw this on PACER for a WOM case. AUSA claimed that "Defendants lack sufficient information to admit or deny the allegations in Plaintiff's Complaint and on that basis deny said allegations." This is the only reason he used across the whole document for various paragraphs. and here is the prayer:

"the allegations iin ... complaint constitute rquests for relief, to which no answer is required. To the extent an answer is required, however, defendants deny said allegations and specifically deny that plaintiff is entitled to the relief she requests."

"first affirmative defense: plaintiff's complaint fails to state a claim upon which relief can be granted"

"second affirmative defense: this court lacks jurisdiction over the subject matter of this action."

"third affirmative defense: defendants reserve the right to any and all such affirmative defenses as may become apparent in the course of discovery"

"wherefore, having fully answered plaintiff's complaint and having alleged certain affirmative defenses, defendants pray that ... be dismissed with prejudice, ..."

Is this just BS to extend some time (since it was filed on the 60th day)? The plaintiff did get her GC approval several days after and the case was dismissed. I am worried since that case has the same AUSA and judge of mine

 

[lenscrafterslen]

questions about lawsuit

Gurus,

I am still a bit at loss about the lawsuit even after reading this very informative thread. Here are a few qucik Qs if anyone can help:

1. do i list both me and my spouse as the paintiffs in the Mandamus (at the very beginning)? and in the body of the Mandamus, do i just mention me myself or both me and my spouse?

2. is phone the only way the court contact me? do i need to leave my fax on all the time? and is it okay to leave a yahoo address as opposed to my professional email address? (i suppose these are stupid questions, but as long as i am on the mood to ask quesitons ^_^)

3. finally, i know many asked about the server thing. is there any consensus? is it okay i just use USPS registered mail with receipt notice? anything else I need to do?

many many thanks!

 

[786riz]

Hi Humbledbychk,
1. you either can file all recipt togater or one by one, either is fine, I confirmed this with court and verified on pacer. I saw on pacer (Michigan) most of the attorneys are filling web printout of the mail confirmation from USPS site.
2. 60 days start when US Distric attorney received the paper work.
3. No idea, I am in Michigan.

Thank you.

Hi All,

Here is update my 1447b lawsuit. Count me in Officially ...

This morning I filed 1447(b) as pro se in Chicaco district court.

My background preparation was following this thred in last 4 months ( Well I knew it before but started following seriously once I got in that Namecheck crap ). Had nicely written complaint and list of exhibits ready etc.

I got 2 sets of summons stamped. Immidiately after this I went to post office
1) sent to all defendents the official Summon + Complaint document.
2) Only in case of Alberto Gonzalez, Attorney General I send him his original summon + Complaint + "copy of other defendents summon".
3) I also sent to District Attorney Office of Chicago "photocopy of all Defendent's summons" + Complaint. Note as per FedCRP - You have to send to "Civil Process Clerk".

I sent everything by US postal service Priority + Certified + Return Receipt + Certificate of Mail option.

Now here my question. Specially those who have filed under Chicago District court. Other please feel free to advise me.

Question
1) When Can I file "return of Service" ? after 2-3 days when all postal mails are delivered - can take printout and attach the certified, web print & certificate of Mail. Will this be sufficient as resonable "process server" and accepted as "Return of Service".
2) When the 60 days clock start ? from the day AUSA office received my postal mail. So most likely from 10/12/2006 ? OR when AUSA got appointed for this ( may be 1 month from now ) ?

3) Also in chicago pro se package it says if Fed gov is Defendent - you have to submit "3 more" copies along with original + judge copy. When I tried to give them that "3 more copies" the did not take it ( in fact refused it ) telling me you need to serve them. It does not mater when I tried to explain them that I will serve the defendents but the "your own pro-se package says abt 3 more copirs if Fed gov is defendent in lawsuit". finally i just did when they told me. Does anybody has this experience before ?
3) did I miss anything after my filing. please do remind me.

Thx for your replys in advance.

 

[junhuaw]

Hi lenscrafterslen,

I am a newbie too so I will only talk about what I did:

1. I listed both at the beginning so that I don't need to file another just in case (you never know what they will do on you). I checked some cases filed by attorneys and seems many have listed both as plaintiffs. In the body you list whatever facts / evidences you have. For me I don't have much to say about spouse other than that her case was still pending too.

2. I left email and phone. I don't have a personal fax and I don't think that would be a big concern. They can always mail.

3. I want to know the answers too.

Gurus,

I am still a bit at loss about the lawsuit even after reading this very informative thread. Here are a few qucik Qs if anyone can help:

1. do i list both me and my spouse as the paintiffs in the Mandamus (at the very beginning)? and in the body of the Mandamus, do i just mention me myself or both me and my spouse?

2. is phone the only way the court contact me? do i need to leave my fax on all the time? and is it okay to leave a yahoo address as opposed to my professional email address? (i suppose these are stupid questions, but as long as i am on the mood to ask quesitons ^_^)

3. finally, i know many asked about the server thing. is there any consensus? is it okay i just use USPS registered mail with receipt notice? anything else I need to do?

many many thanks!

 

[786riz]

Hi junhuaw,
This is the typical wording US attorney used, I have seen same denial on different cases. This is nothing but just to buy some time. All of those cases that I am talking about dismissed, mean approved.
Thank you.

I saw this on PACER for a WOM case. AUSA claimed that "Defendants lack sufficient information to admit or deny the allegations in Plaintiff's Complaint and on that basis deny said allegations." This is the only reason he used across the whole document for various paragraphs. and here is the prayer:

"the allegations iin ... complaint constitute rquests for relief, to which no answer is required. To the extent an answer is required, however, defendants deny said allegations and specifically deny that plaintiff is entitled to the relief she requests."

"first affirmative defense: plaintiff's complaint fails to state a claim upon which relief can be granted"

"second affirmative defense: this court lacks jurisdiction over the subject matter of this action."

"third affirmative defense: defendants reserve the right to any and all such affirmative defenses as may become apparent in the course of discovery"

"wherefore, having fully answered plaintiff's complaint and having alleged certain affirmative defenses, defendants pray that ... be dismissed with prejudice, ..."

Is this just BS to extend some time (since it was filed on the 60th day)? The plaintiff did get her GC approval several days after and the case was dismissed. I am worried since that case has the same AUSA and judge of mine