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

[skyhigh7]

Vic:

how long has your I485 pending? You may consult with your lawyer, but once you have all the evidence that you have exhausted your administrative means, you can go ahead file WOM pro se. Good luck

Sky

My employment based I-485 is handled by lawyer. Do I need to notify him before filing WOM pro se? If yes, is it a gesture of courtesy or a legal requirement? Thank you!

 

[paz1960]

I got the oath letter this afternoon. The ceremony is scheduled on November 16, 2006. It will be just 4 day before US attorney answer due.
Many many thanks for all the heros in this forum to make this happen. If I did not see this forum, I would still stuck in waiting mode.

Congratulations! Looks that this long jurney is almost over!

But your case demonstrates again, how inconsistent is the handling by USCIS of these 1447(b) lawsuites. According to the statue, they loose jurisdiction as soon as you file the lawsuit in Court, so they can't deny or approve your petition till the lawsuit is pending. If they would follow exactly the statute, they would not be allowed to issue the oath letter before you dismiss the complaint. In your case, of course, it is good, that they maintained the concurrent jurisdiction and they approved your case even before the complaint was dismissed. You definitely don't have to argue with them in court that they didn't have jurisdiction... But there are unfortunately examples, when cases were denied after complaint filed in Court (easily interpreted as retaliation). Now in such cases you definitely would need to defend the sole jurisdiction of Court.

 

[sangeevijayan]

can we do business in US under TN visa

Hello
My husband is working in US under TN visa. We wanted to do some business in US. Can we do that? we asked so many people and no one was able to give a clear answer. Customs people say 'yes' and 'no'. when we went to public accountant, they say we can register a business on my husband's name , but he cant work on that. public accountants clearly specify that H1 holders can do their business in US and TN is also similar to that. Infact we have registered the business over here. There were no complications and the process went fine. one other accountant was saying that she can do all the registration process, but she was not sure whether we are eligible to do it or not. We wre really confused. I would really appreciate if somebody can give some ideas regarding this. I would also like to know how can we start our business over here.
Thanks a lot in advance.
Happy Diwali

 

[Bushmaster]

10/11/06: AUSA sent STIPULATION TO DISMISS: CIS agree to adjudicate w/i 30 days. I did not sign

Congrats, I would NOT sign anything, dismiss anything, until I sign that Naturalization certificate and I walk out of the building, only after that I would dismiss the case.

 

[gcmera2]

SHOCKING NEWS to ME

Hi everyone:

I have filed WOM for relief for my I-485. The 60 days period has ended few days ago. I found out from the court that there would be hearing on next Friday on my WOM. This is shocking news to me. Can I get any help from you guys on how to win this in the court before judge. I know my I-485 is a very strong case with NO issues from my side.

MY QUESTIONS:

1. What exactly I need to PREPARE for this?
2.How to convince the judge?
3. Where to get the info on legal arguments with AUSA in the court that I would be facing ?
4. What should be my arguments mainly in the court about?

Thanks a lot

 

[gcmera2]

Urgent Help Please

Hi everyone:

I have filed WOM for relief for my I-485. The 60 days period has ended few days ago. I found out from the court that there would be hearing on next Friday on my WOM. This is shocking news to me. Can I get any help from you guys on how to win this in the court before judge. I know my I-485 is a very strong case with NO issues from my side.

MY QUESTIONS:

1. What exactly I need to PREPARE for this?
2.How to convince the judge?
3. Where to get the info on legal arguments with AUSA in the court that I would be facing ?
4. What should be my arguments mainly in the court about?

Thanks a lot

 

[paz1960]

Hello
My husband is working in US under TN visa. We wanted to do some business in US. Can we do that? we asked so many people and no one was able to give a clear answer. Customs people say 'yes' and 'no'. when we went to public accountant, they say we can register a business on my husband's name , but he cant work on that. public accountants clearly specify that H1 holders can do their business in US and TN is also similar to that. Infact we have registered the business over here. There were no complications and the process went fine. one other accountant was saying that she can do all the registration process, but she was not sure whether we are eligible to do it or not. We wre really confused. I would really appreciate if somebody can give some ideas regarding this. I would also like to know how can we start our business over here.
Thanks a lot in advance.
Happy Diwali

Did you check what is this forum about? I think that your case is beyond the topics discussed in this thread and it is not likely that somebody knows the answer to your question. Not that people would not like to help you, but remember, this is not a forum of immigration lawyers. People who read and write this thread are desperately seeking info about the legal avenues to get their stalled adjustment of status or naturalization petitions moving again. So they concentrate to the issues relevant to their cases only. Again, don't misunderstand me. I would like to help you but I have no knowledge at all about your problem, as most likely the other members won't either. I just want to avoid the impression that nobody is listening to your question. Or who knows, maybe you are lucky and somebody else has some suggestion...

 

[paz1960]

Hi everyone:

I have filed WOM for relief for my I-485. The 60 days period has ended few days ago. I found out from the court that there would be hearing on next Friday on my WOM. This is shocking news to me. Can I get any help from you guys on how to win this in the court before judge. I know my I-485 is a very strong case with NO issues from my side.

MY QUESTIONS:

1. What exactly I need to PREPARE for this?
2.How to convince the judge?
3. Where to get the info on legal arguments with AUSA in the court that I would be facing ?
4. What should be my arguments mainly in the court about?

Thanks a lot

gcamera2, did you receive any answer from AUSA to your complaint? Did they filed any motion in Court? Without knowing the details of the whole case it is almost impossible to help you.

 

[khalafah2000]

Congratulations! Looks that this long jurney is almost over!

But your case demonstrates again, how inconsistent is the handling by USCIS of these 1447(b) lawsuites. According to the statue, they loose jurisdiction as soon as you file the lawsuit in Court, so they can't deny or approve your petition till the lawsuit is pending. If they would follow exactly the statute, they would not be allowed to issue the oath letter before you dismiss the complaint. In your case, of course, it is good, that they maintained the concurrent jurisdiction and they approved your case even before the complaint was dismissed. You definitely don't have to argue with them in court that they didn't have jurisdiction... But there are unfortunately examples, when cases were denied after complaint filed in Court (easily interpreted as retaliation). Now in such cases you definitely would need to defend the sole jurisdiction of Court.

anybody has any example of a case where USCIS denied the application in retaliation for filing 1447b?
As more and more cases are getting filed, judges opinions have started mixing up. Like some in favour of concurrent juridiction, some against, some have now started granting motions to dismiss. It is getting messy with some cases.

 

[786riz]

Congratulations dhua

Congratulations dhua, you got it in, so happy to see all these victories.

I got the oath letter this afternoon. The ceremony is scheduled on November 16, 2006. It will be just 4 day before US attorney answer due.
Many many thanks for all the heros in this forum to make this happen. If I did not see this forum, I would still stuck in waiting mode.

 

[gcmera2]

Paz1960:

AUSA has neither filed any answer to court nor to me yet. They have NOT even filed any motion in court yet. Let me know if you need any more clarifications from me in order to help me. Thanks.

gcamera2, did you receive any answer from AUSA to your complaint? Did they filed any motion in Court? Without knowing the details of the whole case it is almost impossible to help you.

 

[gcmera2]

SHOCKING NEWS to ME

Hi everyone:

I have filed WOM for relief for my I-485. The 60 days period has ended few days ago. AUSA has neither filed any answer to court nor to me yet. They have NOT even filed any motion in court yet. Let me know if you need any more clarifications from me in order to help me. I found out from the court that there would be hearing on next Friday on my WOM. This is shocking news to me. Can I get any help from you guys on how to win this in the court before judge. I know my I-485 is a very strong case with NO issues from my side.

MY QUESTIONS:

1. What exactly I need to PREPARE for this?
2.How to convince the judge?
3. Where to get the info on legal arguments with AUSA in the court that I would be facing ?
4. What should be my arguments mainly in the court about?

Thanks a lot

 

[786riz]

Hi gcmera2,
Usually, when you filed complain and serve AUSA, AUSA file a response to the complain, it is weird for me why that did not happen, have you check the pacer or call the court?
Any how, call the court and speak to case manager (each judge has one case manager), tell the person that you filed pro se and need to know what is the judge expectation, I think that person will help you. Gather all the info and post here, someone will help you.
Thank you.

Hi everyone:

I have filed WOM for relief for my I-485. The 60 days period has ended few days ago. I found out from the court that there would be hearing on next Friday on my WOM. This is shocking news to me. Can I get any help from you guys on how to win this in the court before judge. I know my I-485 is a very strong case with NO issues from my side.

MY QUESTIONS:

1. What exactly I need to PREPARE for this?
2.How to convince the judge?
3. Where to get the info on legal arguments with AUSA in the court that I would be facing ?
4. What should be my arguments mainly in the court about?

Thanks a lot

 

[786riz]

Ran out of private messages quota

Hi lotech,
You ran out of private messages quota. I am sending you PM.
Thank you

 

[paz1960]

Paz1960:

AUSA has neither filed any answer to court nor to me yet. They have NOT even filed any motion in court yet. Let me know if you need any more clarifications from me in order to help me. Thanks.

gcamera2, find out from PACER or from calling the Court clerk, when the 60 days begun. If this limit is REALLY over, and if there is REALLY no reaction at all from AUSA, you should file a motion for default judgement (this mean that you automatically should get what you asked). As I stated before and 786riz also confirmed, this is a highly unlikely scenario, but you can't exclude it till you don't clarify these questions.

 

[Bushmaster]

anybody has any example of a case where USCIS denied the application in retaliation for filing 1447b?

THAT IS MY CONCERN ALSO and I have been trying to get an answer on that. But it still boggles my mind, as long as you are clean of a criminal record, what does CIS have to show cause for denial? Oh you got a speeding ticket 5 years ago, you can not be a citizen? As much as I believe THEY HAVE NO REASON to deny someone's application, I am that much worried that they will definitely want to retaliate. That means MORE court hearings to take their denial decision to court. I am going to fight the losers all the way to the end!

As more and more cases are getting filed, judges opinions have started mixing up. Like some in favour of concurrent juridiction, some against, some have now started granting motions to dismiss. It is getting messy with some cases.

This also bothers me, I am going to use my active military service to have the judge pay attention to the case, they better do.

 

[khalafah2000]

THAT IS MY CONCERN ALSO and I have been trying to get an answer on that. But it still boggles my mind, as long as you are clean of a criminal record, what does CIS have to show cause for denial? Oh you got a speeding ticket 5 years ago, you can not be a citizen? As much as I believe THEY HAVE NO REASON to deny someone's application, I am that much worried that they will definitely want to retaliate. That means MORE court hearings to take their denial decision to court. I am going to fight the losers all the way to the end!





This also bothers me, I am going to use my active military service to have the judge pay attention to the case, they better do.

USCIS can make up something for denial like the person doesn't have good moral character etc. Few days ago, I saw a case in NJ on PACER. That was a denied case. Even though the guy showed them the proof that he had NOT been convicted for the crime(was arrested but got acquitted by the court), USCIS still denied his application due to lack of good moral character. On appeal, the guy showed them the proof again, but again they denied his appeal.
In another case, USCIS denied one application saying that guy was a resident for 89 days in the state when in fact he was supposed to be 90 days when he filed. He filed again and now he is stuck on the name check!
I think that until US Supreme court takes a denied case, the issue is not going to be get resolved permanently.

 

[Bushmaster]

khalafah, that is why I am worried. They might deny a case because "conviction of a crime" is maybe lack of good moral character, in my case, I have been through removal proceedings, and I was adjusted to a LPR status. Who knows if they will throw it back at me, you overstayed your visa and worked, that is not good moral character. And also I have indicated in my application the outcome and plenty of proof.

 

[dhua]

Congratulations! Looks that this long jurney is almost over!

But your case demonstrates again, how inconsistent is the handling by USCIS of these 1447(b) lawsuites. According to the statue, they loose jurisdiction as soon as you file the lawsuit in Court, so they can't deny or approve your petition till the lawsuit is pending. If they would follow exactly the statute, they would not be allowed to issue the oath letter before you dismiss the complaint. In your case, of course, it is good, that they maintained the concurrent jurisdiction and they approved your case even before the complaint was dismissed. You definitely don't have to argue with them in court that they didn't have jurisdiction... But there are unfortunately examples, when cases were denied after complaint filed in Court (easily interpreted as retaliation). Now in such cases you definitely would need to defend the sole jurisdiction of Court.

You are right, the AUSA keep saying that USCIS can not adjudicate my application until the lawsuit is dismissed. Apparently, USCIS just let my case move without notify him.
However, if I signed the stipulation, I wouldn't be able to know whether it is because the stipulation to let my case move, or USCIS just let my application going w/o AUSA's go-ahead signal..

 

[786riz]

Hi khalafah,
I remember seeing one case in this thread, I think somewhere in the middle. In which after filing the 1447b, USCIS denied the N400 application. Again argument was that after filing 1447b, did USCIS have authority on the N400 application or not? I think that person fought and followed with a very good motion and got the citizenship. I will go back and search for the case and will repost here.
Thank you.

anybody has any example of a case where USCIS denied the application in retaliation for filing 1447b?
As more and more cases are getting filed, judges opinions have started mixing up. Like some in favour of concurrent juridiction, some against, some have now started granting motions to dismiss. It is getting messy with some cases.