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

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.
 
khalafah2000 said:
Isn't NJ in 3rd Circuit? The case which I had posted is from NJ.
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The case you posted is in the 3rd Circuit. In the letter from the AUSA to the Judge, there is a remark regarding a pending case in the 4th Circuit (Maryland District) where the issue of jurisdiction is being questioned.
 
Hello Everyone,
Need some info, in 1447b cases if you and US attorney agreed on extending the date then who prepare the document and who files it to the court? If US attorney prepare the paper and file is to the court, how do you know the verbiage of the document? I have seen several documents for date extension and dismissal the cases filed at court, in all the cases I found just name of both attorneys (US and yours) no signature. Same thing, if your case is resolved and US attorney and you both decided to dismiss the case, who will prepare the document and who will submit it to the court, and how do you know that the verbiage of the document is o.k. I saw some discussion about wording for the case dismissal some posting back. :confused:
Thank you.
Best regards and good luck to all who are reading, learning and fighting for their rights.
 
Hi There,
I am agreeing with 1 and 2.
As far as 3 concerns, it does not matter how its get there, USPS, UPS, Fed Ex or hand delivered. I have seen all of these varieties in pacers on different cases. If it is by mail then it must have a tracking number so you can prove that it was delivered. You need attach a confirmation printout from the respective mail service web. Another way that was recommended here is tracking with return receipt; I also have seen that folks are providing copies of green return receipt with their proof of service. I also have seen that some attorneys had hand delivered the documents to the defendants who are in the town and with their return service they just attached a statement.
I hope this will help a bit.
Thank you.






junhuaw said:
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.
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786riz said:
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.
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786riz,
Thanks for your reply. I am going without exhibits. USCIS has my whole crap anyway.
Good day
 
Please review the attached file. These are about lack of Jurisdiction over 1447b cases. They were disscussed in Michigan federal distric court


786riz said:
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
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786riz said:
Hello Everyone,
Need some info, in 1447b cases if you and US attorney agreed on extending the date then who prepare the document and who files it to the court? If US attorney prepare the paper and file is to the court, how do you know the verbiage of the document? I have seen several documents for date extension and dismissal the cases filed at court, in all the cases I found just name of both attorneys (US and yours) no signature. Same thing, if your case is resolved and US attorney and you both decided to dismiss the case, who will prepare the document and who will submit it to the court, and how do you know that the verbiage of the document is o.k. I saw some discussion about wording for the case dismissal some posting back. :confused:
Thank you.
Best regards and good luck to all who are reading, learning and fighting for their rights.
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There are two ways to dismiss. CIS counsel will prepare the dismissal document and send it to AUSA, who will in turn contact you to sign it. AUSA will then file it electronically.

1. Motion to Dismiss is filed by AUSA and then you can unoppose that motion.

2. Joint Stipulation to dismiss is better. The AUSA sends you the unopposed joint stipulation to dismiss and you sign it, then the AUSA files it.
In any case, "Dismiss without prejudice", so if anything goes wrong you can file at another time.
 
Haddy said:
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? :) :D :D
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Thank you Haddy,
As compare to you, I had it easy. I have not heard anything from USCIS, I will wait till tomorrow to call AUSA, I am not dealing with USCIS anymore, that's just a waste of time.
On the other note, I don't think anyone posted anything about their Date Back Tracking experience here. It would be a big plus if anyone can share their experience. That will help us all.
 
Thanks 786riz! That makes total sense!

Just want to confirm a few things:

1. The 60 days starts when the DA receives summon + complaints, right? I served my DA yesterday in person since they are in the same building as the Court. (BTW clerk told me to put 20 days on that summon because DA is in the district :D )

2. Once you get all the receipts, is the thing you need to file called "certificate of service" or "proof of service"?

3. If (1) is true, then when to file (2) is not sensitive, right? I mean I don't need to hurry filing by using the green certified mail receipts - I have plenty of time to wait for the return receipts.

786riz said:
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. :D
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Hi Haddy,
Like I said, I have yet to file my WOM as my priority date is not current yet. I am waiting for my dates and meanwhile exploring an option to file a legal complaint of some sort which could atleast get me my travel documents. If that's not an option then I have no choice but to wait until my PD is current.
Yes..I am planning to include my I-131 in WOM as well.....
 
happyball said:
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!
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Thanks Happyball..Yes..My I140 is not approved yet. I found out (through Senator's office) that I-140 is also pending due to the security check on file even though its an employer's petition. Same goes with my H1B petition as well. I am in a total mess right now and willing to do whatever it takes to bring these as%^holes to the justice....
Also I-131 is not based on I-140 approval. its given based on pending AOS/I-485 petition. Since my H1b extension is also pending, and no travel document at hand, My family is literally a hostage a this point... :mad:
 
Geneva said:
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.
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You are right Geneva....and as you can see from my signature the I-131 (AKA "AP") was also filed along with other petitions but that is pending ever since.....looking ways which could force them to approve my family's travle documents...
 
Filed my 1447(b) today. Wish me luck.

I filed my 1447(b) today. Clerk is nice. So far so good. I will keep you posted.
Cheers
 
I won!

Just received the following email:

"Application Type: I485 , Application to Register Permanent Residence or to Adjust Status

Current Status:

On October 10, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.

National Customer Service Center (800) 375-5283."

In my case, the AUSA is threatening to dismiss my case due to lack of venue (I live in San Diego however my application was filed with NSC); however, before she actually files the motion, FBI and CIS acted upon the receipt of the complaint (I guess). The lesson to learn is to file the lawsuit as soon as you can and don't waste a single minute! I happened to have a tough AUSA. I called her a couple times and she insisted to dismiss my case and told me she's too busy to talk to USCIS and FBI. But still I got the results I want. I feel relieved now after a bumpy long journey. I really appreciate this thread and all the friends for the kind suggests, comforts, and support! Without you I would be still waiting for USCIS and FBI's mercy! Thanks again, and wish everybody the best!
 
Ghreiwati really got screwed (in the case 786riz posted).

I haven't read Ghreiwati's petition, but people, both lawyers and pro se petitioners, should be very careful about the wording in their petitions.

I think:
1. The FBI be named in the petition and request that the FBI complete the namecheck within 30 days and that CIS complete the naturalization process within 60 days. Use examples of other courts giving the FBI a deadline to complete the background check (including the one decision where the judge ordered USCIS to proceed with the petitioners application as if the namecheck was clean if the FBI didn't respond within a certain number of days).

2. Keep arguing that the namecheck is not a required process in the naturalization process. Only the criminal background check is and that specifically refers to the check conducted with the applicants fingerprints.
 
Congratulations! That's pretty fast! BTW your post in NSC forum led me to this thread and now I am following you ;)

Enjoy your new status!

oceanside said:
Just received the following email:

"Application Type: I485 , Application to Register Permanent Residence or to Adjust Status

Current Status:

On October 10, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.

National Customer Service Center (800) 375-5283."

In my case, the AUSA is threatening to dismiss my case due to lack of venue (I live in San Diego however my application was filed with NSC); however, before she actually files the motion, FBI and CIS acted upon the receipt of the complaint (I guess). The lesson to learn is to file the lawsuit as soon as you can and don't waste a single minute! I happened to have a tough AUSA. I called her a couple times and she insisted to dismiss my case and told me she's too busy to talk to USCIS and FBI. But still I got the results I want. I feel relieved now after a bumpy long journey. I really appreciate this thread and all the friends for the kind suggests, comforts, and support! Without you I would be still waiting for USCIS and FBI's mercy! Thanks again, and wish everybody the best!
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Congratulations to oceanside!

Congartulations to you, oceanside! You did it! You make it!

I saw your old posts that you suffered from the AUSA. You said a bloody war was in front of you. But now, you must be feeling much relief.

I filed the WOM for my I-485 yesterday. It seems that my case is very similar to yours. I am also Eb-1b. My I-485 was submitted on 4/27/2004 and it is pending for the namecheck. I hope I have the same luck as you.

Congratulations again! Now you can enjoy the freedom that you won by your fight.
 
Congartulations and happy for you. I am from china as well and stuck in name check for naturalization process. I filed 1447b at the end of August and hopefully I will hear the same good news as yours in next couple of weeks. Anyway enjoy your victory.

Jack

oceanside said:
Just received the following email:

"Application Type: I485 , Application to Register Permanent Residence or to Adjust Status

Current Status:

On October 10, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.

National Customer Service Center (800) 375-5283."

In my case, the AUSA is threatening to dismiss my case due to lack of venue (I live in San Diego however my application was filed with NSC); however, before she actually files the motion, FBI and CIS acted upon the receipt of the complaint (I guess). The lesson to learn is to file the lawsuit as soon as you can and don't waste a single minute! I happened to have a tough AUSA. I called her a couple times and she insisted to dismiss my case and told me she's too busy to talk to USCIS and FBI. But still I got the results I want. I feel relieved now after a bumpy long journey. I really appreciate this thread and all the friends for the kind suggests, comforts, and support! Without you I would be still waiting for USCIS and FBI's mercy! Thanks again, and wish everybody the best!
Click to expand...
 
oceanside said:
Just received the following email:

"Application Type: I485 , Application to Register Permanent Residence or to Adjust Status

Current Status:

On October 10, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.

National Customer Service Center (800) 375-5283."

In my case, the AUSA is threatening to dismiss my case due to lack of venue (I live in San Diego however my application was filed with NSC); however, before she actually files the motion, FBI and CIS acted upon the receipt of the complaint (I guess). The lesson to learn is to file the lawsuit as soon as you can and don't waste a single minute! I happened to have a tough AUSA. I called her a couple times and she insisted to dismiss my case and told me she's too busy to talk to USCIS and FBI. But still I got the results I want. I feel relieved now after a bumpy long journey. I really appreciate this thread and all the friends for the kind suggests, comforts, and support! Without you I would be still waiting for USCIS and FBI's mercy! Thanks again, and wish everybody the best!
Click to expand...

Congradulations, oceanside. I am so happy for you, open a Champange and
celebrate :)
sky
 
Thanks

junhuaw,

Thanks a lot. I am sure you will get the same good results. Just keep fighting. There may be someone trying to intimidate you. Just ignore them. Ultimately they will be defeated.

junhuaw said:
Congratulations! That's pretty fast! BTW your post in NSC forum led me to this thread and now I am following you ;)

Enjoy your new status!
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