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

[mgzh]

good job, paz

congratulation first, brand new citizen.

My case seems frozen there. talk with ausa one time, and nothing happen so far. only two weeks to the deal line, i don't know what can i do? i think they may ask for extension another month, that 's they normally do. i even didn't get 2nd FP yet, my lst FP was in mid 2004.

 

[cacd07]

Thank you for sharing your experience Wenlock. I just spoke to my AUSA and he acknowledged the receipt of all materials including my proof of services. So I guess I'm probably fine for the serving.

Also my AUSA sounds very professional and polite and he apologized first for this immigration mess and said he had contacted CIS and was waiting for their initial response on my case. I showed my appreciation on his help and told him extension of certain period should be fine with me. Asked his email address as well and will probably check back with him in a couple weeks.

I have seen many posts about local rules in terms of serving summons. I believe these are different in different districts.

In my district I served original summons with complaints and when I turned in service of summons I did not attached copy of summons just certificate of servive form with USPS printed print out from the web and two green slips that I received.

Court clerk was happy and AUSA is happy do i believe I did every thing right.

I heard in some district you return original summons back to court clerk and send copies to defendents why I don't know.

In my district they assign case handler for your case at court who answers all questions and single point of contact for every thing. My case handler is very nice professional lady and she helped me through entire process. I can call her any time I have questions. She knows my case and she keep all documentation.

In other district it may be different.

 

[zlin]

First Congratulations to Paz1960, you made it and you rock!

My WOM cases seems frozen too. Talk to AUSA last Mon, no updates, don't want to call her again and get disappoint again, mine also due in 2 weeks. But I did a 2nd FP on Jan 18. I don't know if it mean anything now... This whole thing made me very depressed. Even no mood for work and daily life.

congratulation first, brand new citizen.

My case seems frozen there. talk with ausa one time, and nothing happen so far. only two weeks to the deal line, i don't know what can i do? i think they may ask for extension another month, that 's they normally do. i even didn't get 2nd FP yet, my lst FP was in mid 2004.

 

[cacd07]

congratulation first, brand new citizen.

My case seems frozen there. talk with ausa one time, and nothing happen so far. only two weeks to the deal line, i don't know what can i do? i think they may ask for extension another month, that 's they normally do. i even didn't get 2nd FP yet, my lst FP was in mid 2004.

You can actually request your 2nd FP through infopass -- I did that last October. Just in case NC clears but FP drags you on...

 

[sambocico2]

USCIS and Mandamus

"AILA-USCIS Liaison reports that the USCIS will no longer accelerate for any namechecks because of the Mandamus lawsuits by the applicants."

How valid this statement is, and what would be the outcome of new or pending mandamus cases?

Any feedback will be appreciated.

 

[cacd07]

You are not too far from the truth. I went right to the Post Office to apply for my passport. After staying 30 minutes in line, the employee measured the lenght of my face on the passport photo and told me: "Sir, this picture is not good. The maximum lenght of the ovval around your face can be 1" 3/8, this is 1" 7/16. But we can take a new set of pictures for $15" I was so mad, that I just collected my paperwork and left... But she was right, it was my fault.

I'd go to Costco for $4 passport pics as well! Congrats Paz!

 

[mredil24]

hello

hello everyone
i got my second finger prints on the 24th of this month,and on few posts in here the second fp notice is a sign the name check is clear.
i havent heard anything yet from the CIS and there is no update when i check the status of my case online.
here my question if i try to get an infopass will it help or just sit and wait couple of weeks?
by the way i filed in november and everyone was served including thr US AUtt in mid december.
any info is very welcomed
PS: congratulation PAZ and everyone else you deserve it.

 

[paz1960]

congratulation first, brand new citizen.

My case seems frozen there. talk with ausa one time, and nothing happen so far. only two weeks to the deal line, i don't know what can i do? i think they may ask for extension another month, that 's they normally do. i even didn't get 2nd FP yet, my lst FP was in mid 2004.

Don't get too depressed. I got the good news from AUSA just two days before the extension time was over, and twisted his arm for the oathe ceremony one day after he filed the motion to dismiss. When it happens, it happens fast. They can work really efficient when the time comes. Still, don't just sit back and wait. That's the worst for your spirit and it's a wasted time. Read as many cases as you can, get prepared. Ultimately it may be this time wasted (if your case is solved) but you will not regret it.

 

[gmlvsk]

Congratulation Paz,
Let me ask you again.
Did you come across good example of opposition to dismiss for 485 or default judgment?
If you did, could you post pacer number
Thanks

Don't get too depressed. I got the good news from AUSA just two days before the extension time was over, and twisted his arm for the oathe ceremony one day after he filed the motion to dismiss. When it happens, it happens fast. They can work really efficient when the time comes. Still, don't just sit back and wait. That's the worst for your spirit and it's a wasted time. Read as many cases as you can, get prepared. Ultimately it may be this time wasted (if your case is solved) but you will not regret it.

 

[paz1960]

First Congratulations to Paz1960, you made it and you rock!

My WOM cases seems frozen too. Talk to AUSA last Mon, no updates, don't want to call her again and get disappoint again, mine also due in 2 weeks. But I did a 2nd FP on Jan 18. I don't know if it mean anything now... This whole thing made me very depressed. Even no mood for work and daily life.

My case was approved two weeks after the second FP. In many cases reported here (I know, I know, not in all cases) on the forum, the 2nd FP was a good sign, name check was completed and shortly after that case adjudicated.

This feeling of being down and no mood for the everyday life is normal. We all go through this at some point (or more than once) during this whole process. Just don't give up and keep preparing yourself for the fight. If you keep busy yourself, and study cases, you will not feel so powerless and you will not have too much time to think about the possible negative conserquences. The majority of people got what they wanted, so why would you an exception? In my opinion, the most important thing is that at the end, whatever is the ouput, you should look back and feel that you did everything possible, the result didn't depent on you. If you can find peace with your conscience, that's what counts.

 

[zlin]

I also got my 2nd FP on Jan 18. Nothing happened to me so far. ....
I don't know what if USCIS gives everyone who filed law suit a 2nd FP, that way people can calm down and government can have some time to file dismiss. Also at this time, infopass, congressman can do nothing, I knew a guy, filed WOM in Oct. Two week ago, he got emails from AUSA and congressman saying Name check still pending, the exact same day evening, got approval email, a day from hell to heaven, he just received his Green card.
Based on this weird case I saw, it could be once his NC cleared, they issue him GC immedientaly in a couple of hours?

hello everyone
i got my second finger prints on the 24th of this month,and on few posts in here the second fp notice is a sign the name check is clear.
i havent heard anything yet from the CIS and there is no update when i check the status of my case online.
here my question if i try to get an infopass will it help or just sit and wait couple of weeks?
by the way i filed in november and everyone was served including thr US AUtt in mid december.
any info is very welcomed
PS: congratulation PAZ and everyone else you deserve it.

 

[zlin]

Thank you for your encouragement, paz1960. Keeps me alive. I really appreciate it. Hope it's true. I will try not to drive myself crazy by CIS no matter what happens.

My case was approved two weeks after the second FP. In many cases reported here (I know, I know, not in all cases) on the forum, the 2nd FP was a good sign, name check was completed and shortly after that case adjudicated.

This feeling of being down and no mood for the everyday life is normal. We all go through this at some point (or more than once) during this whole process. Just don't give up and keep preparing yourself for the fight. If you keep busy yourself, and study cases, you will not feel so powerless and you will not have too much time to think about the possible negative conserquences. The majority of people got what they wanted, so why would you an exception? In my opinion, the most important thing is that at the end, whatever is the ouput, you should look back and feel that you did everything possible, the result didn't depent on you. If you can find peace with your conscience, that's what counts.

 

[paz1960]

"AILA-USCIS Liaison reports that the USCIS will no longer accelerate for any namechecks because of the Mandamus lawsuits by the applicants."

How valid this statement is, and what would be the outcome of new or pending mandamus cases?

Any feedback will be appreciated.

There were several reports that this information seems valid, but nobody could get a hand yet on the actual memo from USCIS, which redefines the situations when they would request an expedited processing of the name check. If you read some on this thread, you will find several postings about this issue.

I believe that the professional organization of the immigration lawyers has fairly reliable sources of information, so if your quote comesfrom them, it is reasonable to believe that it is indeed correct. Can you point to the link from where you quoted the info in your post?

 

[paz1960]

Congratulation Paz,
Let me ask you again.
Did you come across good example of opposition to dismiss for 485 or default judgment?
If you did, could you post pacer number
Thanks

See my post # 8443, I gave two good cases there. Wenlock may have more.
I didn't see one single case when Plaintiff won by default judgement in a case for stalled I-485 or N-400. this practically will never happen, because the defendant is the US. See FRCP about default judgement when US is the defendant.

 

[Happyheart]

I think this info is from here:

www.immigration-law.com

There were several reports that this information seems valid, but nobody could get a hand yet on the actual memo from USCIS, which redefines the situations when they would request an expedited processing of the name check. If you read some on this thread, you will find several postings about this issue.

I believe that the professional organization of the immigration lawyers has fairly reliable sources of information, so if your quote comesfrom them, it is reasonable to believe that it is indeed correct. Can you point to the link from where you quoted the info in your post?

 

[gmlvsk]

Thanks, I missed it

See my post # 8443, I gave two good cases there. Wenlock may have more.
I didn't see one single case when Plaintiff won by default judgement in a case for stalled I-485 or N-400. this practically will never happen, because the defendant is the US. See FRCP about default judgement when US is the defendant.

 

[gmlvsk]

Can suing person submit this memo to court as "statement of facts" or something like this?

While re-searching pacer today, i found a submission from Michael Cannon (Head of NNCP) National name check program. I have seen many cases, but never an actual submission from the FBI to the court. Attached is the case file:

 

[skyhigh7]

Congradulations, Paz. Well Deserved!
Sky

I had the Oath Ceremony today morning, administered by the same judge who was handling my lawsuit. He just signed last Friday the order to dismiss the case, I got a copy in the mail yesterday. At the end, when the new citizens could go up on the podium to make a picture with the judge under the US flag, when we shook hands, I told him very briefly my story. He said that "Yes, I remember signing your order; I don't understand how this Immigration Office operates" and he was shaking his head, disapprovingly. He made a comment during his public speach when he welcomed the new citizens and congratulated them that they made it through "the bureaucratic maze" of USCIS. So I got the impression, that if my case would reach his bench, he would not be too sympatetic to the AUSA's defense. But I might be hearing more what he said (wishful hearing...)

When Jack Lin, the assistant director of USCIS (he was in charge with the ceremony from the USCIS side) handled me the Certificate of citizenship and I told him my name, he said: "Oh, YOU are Mr. XX; I was wondering when you show up". So probably he knew about my lawsuit.

Anyway, this long ordeal is over now, and as I promised, I'm posting now the draft of the Opposition to Defendants' Motion to Dismiss or Remand, which was never needed, so it may need some additional work to address specific issues from an actual Motion filed by Defendants. I will begin also to post some of the cases I used in this Opposition, of course, not the full dockets, just the judges' opinion & orders. But from the case numbers anybody with a PACER subscription will be able to easily find these cases and download whatever document wants from the respective dockets.

I wish to thank everybody who helped me and contributed to this forum. I'm especially indebted to the "founding fathers and mothers" of this forum and I wish I had find earlier this website, maybe I would not wait two years after my interview. I encourage everybody who is still considering what to do: stand up for your rights and you will prevail. You will need a lot of time, patience, perseverence and a little luck, but the law is on your side and ultimately you will get what you are entitled.

 

[EAin2005]

Paz: Congrats!!! Finally you got what you should have gotten long time ago. I am so happy for you! Good luck and best wishes.

EA

I had the Oath Ceremony today morning, administered by the same judge who was handling my lawsuit. He just signed last Friday the order to dismiss the case, I got a copy in the mail yesterday. At the end, when the new citizens could go up on the podium to make a picture with the judge under the US flag, when we shook hands, I told him very briefly my story. He said that "Yes, I remember signing your order; I don't understand how this Immigration Office operates" and he was shaking his head, disapprovingly. He made a comment during his public speach when he welcomed the new citizens and congratulated them that they made it through "the bureaucratic maze" of USCIS. So I got the impression, that if my case would reach his bench, he would not be too sympatetic to the AUSA's defense. But I might be hearing more what he said (wishful hearing...)

When Jack Lin, the assistant director of USCIS (he was in charge with the ceremony from the USCIS side) handled me the Certificate of citizenship and I told him my name, he said: "Oh, YOU are Mr. XX; I was wondering when you show up". So probably he knew about my lawsuit.

Anyway, this long ordeal is over now, and as I promised, I'm posting now the draft of the Opposition to Defendants' Motion to Dismiss or Remand, which was never needed, so it may need some additional work to address specific issues from an actual Motion filed by Defendants. I will begin also to post some of the cases I used in this Opposition, of course, not the full dockets, just the judges' opinion & orders. But from the case numbers anybody with a PACER subscription will be able to easily find these cases and download whatever document wants from the respective dockets.

I wish to thank everybody who helped me and contributed to this forum. I'm especially indebted to the "founding fathers and mothers" of this forum and I wish I had find earlier this website, maybe I would not wait two years after my interview. I encourage everybody who is still considering what to do: stand up for your rights and you will prevail. You will need a lot of time, patience, perseverence and a little luck, but the law is on your side and ultimately you will get what you are entitled.

 

[ashlie23]

I had the Oath Ceremony today morning, administered by the same judge who was handling my lawsuit. He just signed last Friday the order to dismiss the case, I got a copy in the mail yesterday. At the end, when the new citizens could go up on the podium to make a picture with the judge under the US flag, when we shook hands, I told him very briefly my story. He said that "Yes, I remember signing your order; I don't understand how this Immigration Office operates" and he was shaking his head, disapprovingly. He made a comment during his public speach when he welcomed the new citizens and congratulated them that they made it through "the bureaucratic maze" of USCIS. So I got the impression, that if my case would reach his bench, he would not be too sympatetic to the AUSA's defense. But I might be hearing more what he said (wishful hearing...)

Wow...Congratulations Paz!! Celebrations