Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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khalafah2000
Registered Users (C)
786riz said:
"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.[/COLOR]Thank you so much for reading[/COLOR]"
can you please post the attorney motion asking the judge to give a specific date?
It is terrible that judges are ignoring altogether the very essence of the 1447 lawsuits, which is unreasonable delays by the USCIS/FBI to finish security clearance. The judges never bothered to ask the FBI why is it taking so long for them and what FBI has done regarding the clearance so far. I bet that in all of the cases, FBI has done absolutely nothing at all about the clearance.
Federal judges are appointed for life time, so obviously they don't care. Lawyers get paid, so they don't care either, rather love the lawsuits. The AUSA are getting paid defending. The only ones suffering are the poor plaintiffs.
what kind of orders by the judges are these, courts have jurisdiction, but can't decide the case due to the pending security clearance and can't set a timeline for its completion? So in practice, FBI can take forever for the clearance and with the court own blessing.
khalafah2000
Registered Users (C)
Leaving for an extended period of time during the lawsuit
Can someone leave and go to their native country for an extended period of time while his 1447b case is pending?
My lawyer filed the case on Sep 22, but defendents were served on Oct 03. So if I leave now for around 4/5 months to my native country for family(wife and kids are there) reasons, what would likely happen? Would I be considered abandoning my residency or atleast not very serious about it? It is my understanding that as long as I come back in 6 months, i should be fine, but after the lawsuit, how would it be interpreted? Would the USCIS try to mess up with me?
Can someone leave and go to their native country for an extended period of time while his 1447b case is pending?
My lawyer filed the case on Sep 22, but defendents were served on Oct 03. So if I leave now for around 4/5 months to my native country for family(wife and kids are there) reasons, what would likely happen? Would I be considered abandoning my residency or atleast not very serious about it? It is my understanding that as long as I come back in 6 months, i should be fine, but after the lawsuit, how would it be interpreted? Would the USCIS try to mess up with me?
Stipulation to dismiss
I got a call from US Attorney and he proposed stipulation to dismiss and ask me, if agreed, to sign and fax back or scan and email back to him.
Here is the stipulation:
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Plaintiff, by and through his attorney of record, and defendants, by and through their attorneys of record, hereby stipulate, subject to the approval of the Court, to dismissal of the above-entitled action without prejudice in light of the fact that the United States Citizenship and Immigration Services has agreed to adjudicate the plaintiff's application for naturalization within 30 days.
Each of the parties shall bear their own costs and fees.
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It take 21 days since the law suit is filed and I did not even contact US atorney yet eventhough I was planning to call him when it is 30 days.
Does any one has suggestions on the content?
I got a call from US Attorney and he proposed stipulation to dismiss and ask me, if agreed, to sign and fax back or scan and email back to him.
Here is the stipulation:
-----------------------
Plaintiff, by and through his attorney of record, and defendants, by and through their attorneys of record, hereby stipulate, subject to the approval of the Court, to dismissal of the above-entitled action without prejudice in light of the fact that the United States Citizenship and Immigration Services has agreed to adjudicate the plaintiff's application for naturalization within 30 days.
Each of the parties shall bear their own costs and fees.
------------------------
It take 21 days since the law suit is filed and I did not even contact US atorney yet eventhough I was planning to call him when it is 30 days.
Does any one has suggestions on the content?
gctarget06 said: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...
I think you really need check out your AP. You appied it on 11/27/04. Right? Such long pending is really unusual! Should be something wrong. If cannot get information from USCIS, contact your congressman or senator to find out what's going on.
You can start to do some preparing work now. Once you feel things get ready and still no any update from USCIS, you can file your WOM to get your rights. Good Luck!
gctarget06
Registered Users (C)
happyball said:
Thanks Happyball...I tried everything i.e Attorney,infopass,expedite request, Senator/Congressman's office but to no avail. Everytime I get the same crap i.e "processing delayed due to security check"...I have been getting the same shitty answer ever since I applied almost 2 years ago. I have been accumulating all those responses from USCIS and also all communications through Congressman's office hoping that I'd use them as exhibit in my WOM.
My question still remains the same i.e. Can I use WOM to sue them for not issuing me the advance parole ? I know people have been using it for I-485 but as long as the motive of the lawsuit is same....it shouldn't really matter whether its AOS petition or anything else.... comments/thoughts ??
Need A Solution!
Hi, Guys,
Gctarget's AP have been pending since 11/27/04 due to waiting for the security check. Does anybody know AP need through security check? I never heard about this.
Gctarget, if AP is really important to you and you already done every thing you can, lawsuit is the only way to go to solve this problem.
Good Luck!
gctarget06 said:Thanks Happyball...I tried everything i.e Attorney,infopass,expedite request, Senator/Congressman's office but to no avail. Everytime I get the same crap i.e "processing delayed due to security check"...I have been getting the same shitty answer ever since I applied almost 2 years ago. I have been accumulating all those responses from USCIS and also all communications through Congressman's office hoping that I'd use them as exhibit in my WOM.
My question still remains the same i.e. Can I use WOM to sue them for not issuing me the advance parole ? I know people have been using it for I-485 but as long as the motive of the lawsuit is same....it shouldn't really matter whether its AOS petition or anything else.... comments/thoughts ??
Hi, Guys,
Gctarget's AP have been pending since 11/27/04 due to waiting for the security check. Does anybody know AP need through security check? I never heard about this.
Gctarget, if AP is really important to you and you already done every thing you can, lawsuit is the only way to go to solve this problem.
Good Luck!
Last edited by a moderator:
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.
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.
rob waiter
Registered Users (C)
this is good news! congratulations!
just check with AUSA
(1) whether he had got confirmation
from USCIS
(2) in the stipulation, put the oath date
(say, the USCIS will put the palintiff
on the oath calendar date before or up to xx/xx.
otherwise, the plaintiff will reopen the case.
(3) dismiss w/o prejudice.
best wishes,
rob
just check with AUSA
(1) whether he had got confirmation
from USCIS
(2) in the stipulation, put the oath date
(say, the USCIS will put the palintiff
on the oath calendar date before or up to xx/xx.
otherwise, the plaintiff will reopen the case.
(3) dismiss w/o prejudice.
best wishes,
rob
dhua said:
rob waiter
Registered Users (C)
congrats!
you have got what you well deserve.
so now take a rest and retake on CIS
in 5years-90days!
you have got what you well deserve.
so now take a rest and retake on CIS
in 5years-90days!
oceanside said:
Dear GCMera your case is still valid... you don;t have to worry about adding local district office... just be prepared fr filing a response to the AUSA's motion to dismiss... gather some good responses and prepare yours... and dont lose hope... AUSA even though is telling you to wait for her response or answer or what ever she is planning... she must be trying to resolve your issue by contacting USCIS... kepe you case online... and keep your hopes high by being prepared and doing your home work...gcmera2 said:
Good Luck...