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

[liuym]

Congratulationssssssss

Hi Paz,
Warmly Congratulations to your victory!!!!!!!!!! You deserve it !!!
liuym

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.

 

[micahel1008]

"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.

My case is that I filed WOM on December 15, I called my AUSA on Jan. 5th and was told no more name check expedite. I reported this bad news to this forum. Later on, I called again and again to AUSA, same answers, he said that he can't do anything with this new internal policy. I perpared to fight to last step. On Jan. 24, I called my Senator's Office, asked them to follow up my case. She called FBI congressional office, was told name check is pending and FBI refuse to verify any futher information. She then called USCIS, same thing. On Jan. 25, my case was approved and Jan. 26, card was ordered. I have some anylsis before, I believe it is still valid. AUSA will tell everyone same story: NO MORE EXPEDITE, but they still need to handle so many lawsuit pending cases. If they are smart enough, they will still expedite on those risky, big chance losing cases secrectly, but leave rest of cases for AUSA to fight in courts. So dont give up hope, perpare the worst and fight to the last step. You never know what USCIS, FBI and AUSA did behind the screen, but if you push hard, and let them know, they can't get rid of you easily, they will try settle it before it bounce back and hurt them. Good Luck!

 

[paz1960]

My case is that I filed WOM on December 15, I called my AUSA on Jan. 5th and was told no more name check expedite. I reported this bad news to this forum. Later on, I called again and again to AUSA, same answers, he said that he can't do anything with this new internal policy. I perpared to fight to last step. On Jan. 24, I called my Senator's Office, asked them to follow up my case. She called FBI congressional office, was told name check is pending and FBI refuse to verify any futher information. She then called USCIS, same thing. On Jan. 25, my case was approved and Jan. 26, card was ordered. I have some anylsis before, I believe it is still valid. AUSA will tell everyone same story: NO MORE EXPEDITE, but they still need to handle so many lawsuit pending cases. If they are smart enough, they will still expedite on those risky, big chance losing cases secrectly, but leave rest of cases for AUSA to fight in courts. So dont give up hope, perpare the worst and fight to the last step. You never know what USCIS, FBI and AUSA did behind the screen, but if you push hard, and let them know, they can't get rid of you easily, they will try settle it before it bounce back and hurt them. Good Luck!

I see in addition to micahel1008's valid observations one more thing, which will cause big time problems to the government and I'm not sure that they thought so far ahead.

If this "no more automatic expedite" policy is strictly enforced, there will be more cases, which will end up in front of a judge, with some cases won by the Plaintiffs. More people will hire attorneys, because of the fear to go and fight till the end and going to trial. Especially in cases represented by lawyers and won by Plaintiff, the government will be forced to pay some hefty attorney's fees; I saw several cases where this amount was many thousands dollars. USCIS will realise that this new policy will be extremely costly to them. Even a lost case with a Pro Se Plaintiff will cost them ~$400-500. If you think how much is the cost what they are paying for a regular name check ($4/request) and the expedite cost them double (2x$4=$8), it is a no brainer that losing only one case will quickly offset the potential saving by not expediting the name checks.

 

[zlin]

Congratulations! I saw the samiliar case, everyone, including infopass, AUSA, senetor's office told the person that his name check is pending, but almost the same day he got his 485 approved. Maybe the government kept that information confidential now. So people can't easily argue with them because they don't know what's their name check situation also because they "do not expedite name check because of law suit anymore"; Or it could be that the law suit cases are now going through different channels, so NC cleared and approval et al. tracking information has been somehow lost on the surface while going underneath.

My case is that I filed WOM on December 15, I called my AUSA on Jan. 5th and was told no more name check expedite. I reported this bad news to this forum. Later on, I called again and again to AUSA, same answers, he said that he can't do anything with this new internal policy. I perpared to fight to last step. On Jan. 24, I called my Senator's Office, asked them to follow up my case. She called FBI congressional office, was told name check is pending and FBI refuse to verify any futher information. She then called USCIS, same thing. On Jan. 25, my case was approved and Jan. 26, card was ordered. I have some anylsis before, I believe it is still valid. AUSA will tell everyone same story: NO MORE EXPEDITE, but they still need to handle so many lawsuit pending cases. If they are smart enough, they will still expedite on those risky, big chance losing cases secrectly, but leave rest of cases for AUSA to fight in courts. So dont give up hope, perpare the worst and fight to the last step. You never know what USCIS, FBI and AUSA did behind the screen, but if you push hard, and let them know, they can't get rid of you easily, they will try settle it before it bounce back and hurt them. Good Luck!

 

[phlipimi]

Congratulations

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.

Congratulations!

 

[786riz]

paz my man, congratulations

paz my man, congratulations. Finally a long battle is over, have some fun.
Attached opposing motion is really awesome. You honestly worked very hard on it, collection of all the relevant cases and information in one packet. I have read so many opposing motions but this one is really on top.
Could you please post or email me exhibits that you referenced in the motion.

Thank you

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.

 

[Parity]

NSC Cervice Center Director's address

Hello, I am new here. And I need your help in finding the NSC Service Center Director's address. Our I-485 (EB2-NIW) application has been pending for 2 years and 3 months, due to the name check. We are considering to file a WOM lawsuit soon. We filed our I-485 application to the NSC center when we were in Michigan in 09.2004, and we moved to Georgia after 10 months of filing, but the case has been staying with the NSC center during this time.

My first question is, if we file a WOM, we should only have NSC service center Director as one of the defendents, but not the Atlanta District office, since it has nothing to do with our case, Am I correct?

Second question, does any one have the NSC center Director's address? From their webpage, I can find his name, but all the addresses are for specific applications. If any one has the address, could you post it here?

Thank you very much

 

[paz1960]

paz my man, congratulations. Finally a long battle is over, have some fun.
Attached opposing motion is really awesome. You honestly worked very hard on it, collection of all the relevant cases and information in one packet. I have read so many opposing motions but this one is really on top.
Could you please post or email me exhibits that you referenced in the motion.

Thank you

Here we go.

 

[SAMBOCICO]

USCIS and Mandamus Cases

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

Source: http://www.immigration-law.com/Canada.html

What would be the reaction of US Attorneys on pending or new Mandamus cases? How aggressively some one can fight USCIS decision?

 

[micahel1008]

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

Source: http://www.immigration-law.com/Canada.html

What would be the reaction of US Attorneys on pending or new Mandamus cases? How aggressively some one can fight USCIS decision?

That is good question, to be honest with you, nobody know what's the next, but let us think it on US Attonery standpoint.
It is their job to defend USCIS, FBI in the Federal Courts, they have to do it even they dont agree with USCIS on this crisis. If every case ends up in the federal courts, it will increase their working loads dramatically, includes write Motion of Dismiss, show up for conference or pre-hearing and eventually, Judge rule out the order favor to plaintiff, they need to do more work. They definitely perfer to go easy way - automatic expedite name check which reduces their working load to min., but USCIS can't handle it anymore. If I was US Attonery, I will not fully load myself for all these USCIS mess, I will try to find a balance point to serve my job and not to be exhausted. The whole picture of WOM generally is in favor of plaintiff. Believe me, if your argument is strong and they push your case enough, they will expedite your name check. Like PAZ1960 suggested in lot of his post, keep a very good relationship with them, try to push them consistantly and make your strong point, you will see a big diffrence. On the other hand, dont be afraid of fight, it is your right, most of you will win eventurelly.

 

[Annamalai96]

Uscis New Expedite Policy

That is good question, to be honest with you, nobody know what's the next, but let us think it on US Attonery standpoint.
It is their job to defend USCIS, FBI in the Federal Courts, they have to do it even they dont agree with USCIS on this crisis. If every case ends up in the federal courts, it will increase their working loads dramatically, includes write Motion of Dismiss, show up for conference or pre-hearing and eventually, Judge rule out the order favor to plaintiff, they need to do more work. They definitely perfer to go easy way - automatic expedite name check which reduces their working load to min., but USCIS can't handle it anymore. If I was US Attonery, I will not fully load myself for all these USCIS mess, I will try to find a balance point to serve my job and not to be exhausted. The whole picture of WOM generally is in favor of plaintiff. Believe me, if your argument is strong and they push your case enough, they will expedite your name check. Like PAZ1960 suggested in lot of his post, keep a very good relationship with them, try to push them consistantly and make your strong point, you will see a big diffrence. On the other hand, dont be afraid of fight, it is your right, most of you will win eventurelly.

I talked to a lawyer in Philadelphia - "Joe Hohenstein" and he says USCIS is still expediting Name checks atleast through Philadelphia district office. I am not sure anymore. Did anybody's Namecheck expedited after Dec 22?

 

[sksharma76]

Ok so i mailed the summons today Via certified mail return reciept .My question is how long should i wait after i get the Delivery confirmation to contact the AUSA.How will i know who is the AUSA assigned to my case.Do i find this out by court or call the attorney generals office in my district.
thanks

 

[Dawn123]

Hi everyone,

I was naturalized last week after filing the lawsuit in Oct. Thanks so much for the forum and everyone contributing to it! Keep up the good work!

Here is my details:
10/2006 Filed lawsuit at EDNY
12/2006 Agreed to 2-month extension
1/11/2007 Received oath letter
1/23/2007 Oath

 

[cacd07]

Ok so i mailed the summons today Via certified mail return reciept .My question is how long should i wait after i get the Delivery confirmation to contact the AUSA.How will i know who is the AUSA assigned to my case.Do i find this out by court or call the attorney generals office in my district.
thanks

Check your mail status on USPS website and print them out when all got delivered. Most court clerks seem taking that fine. For AUSA, just call their civil department and ask, about couple weeks after you served everyone.

 

[said904]

order

Hello

Here is a copy of my order, i just got it today . I hope it will be of good help

Thanks

 

[zevs]

WoM, status hearing set

Hello,

I just filed the WoM (Pro Se, family-based I-485, Name Check delay) last week, and I am still waiting for the return receipts to come back. However, today I have received a notification of docket entry for the court informing me that Status hearing set for 3/8/2007 (which would be 45 days since I filed the lawsuit). Does anybody know whether this a good or bad sign? What typically happens during the status hearing? What should I present besides the facts and claims I stated in the WoM?
I would appreciate any help and advices. Thanks, Z.

 

[Bou]

Deserve the Sweet Victory

Dear Paz, CONGRATULATIONS on your SWEET and hard fought victory!!! Thank you for sharing your valuable knowledge, your philosophy and your strategy fighting for your right. America is a better place thanks for citizens like you.

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.

 

[boondi]

Took Oath Today

Hello All!

I wanted to share with you the good news. I took oath and became a citizen on Jan 31st (today).

Somehow after four months of 1447b processing, I got the good news last week via mail and my attorney. Strangely enough,....... no push or conversation wtih AUSA (attorney) and no updates on the PACER. But anyways, got my oath and took it today, I am a happy camper....

Last but not the least. Although, many of you may not have interacted much with me... THANKS A BUNCH TO ALL OF YOU!!!!!!! for being such a inspiration throughout this ordeal. My journey would have not been possible without the support of all of you This thread has become an immense power house for 1447B and WOM cases. I hope the momentum and benefits continue. Once again, thank you so much for everything....

Good luck to all of you and your cases!!!! You will prevail... God Willing...

P.S I will check on this website every once in a while, to provide any support needed.

 

[paz1960]

Hello

Here is a copy of my order, i just got it today . I hope it will be of good help

Thanks

Wow...this is a REAL victory! Congratulations! You fought this till the end! Is't not like many of us, who were lucky and the case was closed before it went to the judge. That's really something! This is one of the clearest victories I saw so far. And the Government can be thankful that you were Pro Se and not represented by a lawyer. In that case they would have to pay probably at least 30 times more... And thanks for the generosity to post this wonderful order so quickly. People should use this in their Opposition as another important case supporting a meaningful remand.

 

[paz1960]

Hello All!

I wanted to share with you the good news. I took oath and became a citizen on Jan 31st (today).

Somehow after four months of 1447b processing, I got the good news last week via mail and my attorney. Strangely enough,....... no push or conversation wtih AUSA (attorney) and no updates on the PACER. But anyways, got my oath and took it today, I am a happy camper....

Last but not the least. Although, many of you may not have interacted much with me... THANKS A BUNCH TO ALL OF YOU!!!!!!! for being such a inspiration throughout this ordeal. My journey would have not been possible without the support of all of you This thread has become an immense power house for 1447B and WOM cases. I hope the momentum and benefits continue. Once again, thank you so much for everything....

Good luck to all of you and your cases!!!! You will prevail... God Willing...

P.S I will check on this website every once in a while, to provide any support needed.

Congratulations! I was wondering what happened to your case, and here we go! You got what you were looking for. Excellent day! Three victories anounced so far. Keep going!