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

Hearing is tomorrow

It looks that I screwed up completely and get lost in all the paperwork, teleconferences... I came home and had a message from the court that tomorrow is my hearing... So, I will do my best to be as less emotional as I can and try to convince a judge what is reasonable and what is not.

Just wish me good luck and I will update you tomorrow how did it go. I am not sure how should I prepare for this, but I am planning to list what I could not do during these 2 years waiting for GC:

1. travel limitations
2. job limitations
3. lost time due to 4 FP app and 3 infopass app
4. money spent on 2 travel and 2 EAD cards
5. cannot count time toward US citizenship

Any other ideas are welcome. Last question. Is it ok to go in jeans with shirt over? I do not have any other clothes to wear (Paz knows why) and tomorrow not much time to buy something new.

Thanks to everybody
 
Good Luck Kifira! I Wish You The Best!!!!

i thanks as far as you dress clean and be good manner, it should be ok...

best of the best! we all need some luck!

pearl

kefira said:
It looks that I screwed up completely and get lost in all the paperwork, teleconferences... I came home and had a message from the court that tomorrow is my hearing... So, I will do my best to be as less emotional as I can and try to convince a judge what is reasonable and what is not.

Just wish me good luck and I will update you tomorrow how did it go. I am not sure how should I prepare for this, but I am planning to list what I could not do during these 2 years waiting for GC:

1. travel limitations
2. job limitations
3. lost time due to 4 FP app and 3 infopass app
4. money spent on 2 travel and 2 EAD cards
5. cannot count time toward US citizenship

Any other ideas are welcome. Last question. Is it ok to go in jeans with shirt over? I do not have any other clothes to wear (Paz knows why) and tomorrow not much time to buy something new.

Thanks to everybody
Click to expand...
 
here is what I foudn in USCIS website. hope it helps you and please let me know how it goes. thanks!


USCIS Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.




kefira said:
It looks that I screwed up completely and get lost in all the paperwork, teleconferences... I came home and had a message from the court that tomorrow is my hearing... So, I will do my best to be as less emotional as I can and try to convince a judge what is reasonable and what is not.

Just wish me good luck and I will update you tomorrow how did it go. I am not sure how should I prepare for this, but I am planning to list what I could not do during these 2 years waiting for GC:

1. travel limitations
2. job limitations
3. lost time due to 4 FP app and 3 infopass app
4. money spent on 2 travel and 2 EAD cards
5. cannot count time toward US citizenship

Any other ideas are welcome. Last question. Is it ok to go in jeans with shirt over? I do not have any other clothes to wear (Paz knows why) and tomorrow not much time to buy something new.

Thanks to everybody
Click to expand...
 
thank you paz! I trust you more than others.

I also check 540 which is under "prisoner petitions" on the coversheet...is it right? and when to use 890?
I don't really understand why the same WOM and people file in different type.

thank you, all!


paz1960 said:
I can only repeat: most of the WOM cases are filed under 540, but sometimes under 890.
Click to expand...
 
bobyang3 said:
here is what I foudn in USCIS website. hope it helps you and please let me know how it goes. thanks!
USCIS Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
Click to expand...

Bobyang3
Becareful, this is general expedite criteria, USCIS has another criteria for FBI name check expedite criteria which is different from this one. My suggestion is using this one to attack their double standard. USCIS can explain those criteria whatever they want. this is a good argument you can make from it.
 
bobyang3 said:
thank you paz! I trust you more than others.

I also check 540 which is under "prisoner petitions" on the coversheet...is it right? and when to use 890?
I don't really understand why the same WOM and people file in different type.

thank you, all!
Click to expand...
Thank you for your trust, but I think that there are several other forum members who are very knowledgeable and you can consider their advice also. Especially in WOM cases, I'm sure that wenlock or other members, who concentrated on this type of lawsuit, know more than I do, because my case was a 1447(b) lawsuit for a stalled naturalization and I spent most of the time researching cases of this type.

I don't know why some people are filing WOM cases under 540 (Mandamus and other) and others under 890 (other statutory actions). Probably because 540 is under "prisoner petitions". I don't think that ultimately this can make a huge difference; I didn't see a single case rejected by the court because improper classification. I think that most of the clerks are more tolerant for such mistakes in the case of a Pro Se plaintiff. And in many courts, they don't really know, how to handle these lawsuits. In my district, my lawsuit was the first of this type. The clerk first called somebody and had a long conversation before she accepted my original filing, but ultimately she didn't object for anything: it was OK how I prepared the papers.

So back to your original PACER related question: the safest is to search both 540 and 890 category lawsuits and with Chertoff as one of the party names. You will get also quite a few "false positive hits" (just like in the name check), but if you are patient enough, you will ultimately get the desired cases.
 
phlipimi said:
Hey Paz:
I have a pacer account, I'd like to look up the cases that related to the WOM. I know you can look up the defendants such as Emilio T. Gonzalez. However, how can I look up the cases with the opposing motion to dismiss etc.?

Second question, how to cite the cases when you opposing motion to dismiss?

Thank you very much!

philipimi

philipimi@yahoo.com
Click to expand...
I don't know if there is an easy way to select only cases which have certain documents filed (like opposition to a motion). I did it in the "pedestrian way", just went to each case (as a result of a search where I put Chertoff as party and 890 as nature of the suit) and opened the docket and looked for the content.
 
bad idea to have somebody to influence AUSA?

Paz, it is always great to have you here even though your case have been solved. I am sure most of us are grateful to your contribution here. Now one quick question for you and other experts like saar and wenlock, do you guys think if it is a good idea to have somebody to influence the local AUSA? my boss might pull some string if I ask him for help. but really i am not sure if this is a good idea b/s i am afraid asking my boss' help will actually do harm to my case. and my boss would think this request is totally out of line. any comments?
 
tang2002 said:
Paz, it is always great to have you here even though your case have been solved. I am sure most of us are grateful to your contribution here. Now one quick question for you and other experts like saar and wenlock, do you guys think if it is a good idea to have somebody to influence the local AUSA? my boss might pull some string if I ask him for help. but really i am not sure if this is a good idea b/s i am afraid asking my boss' help will actually do harm to my case. and my boss would think this request is totally out of line. any comments?
Click to expand...

I do not think it will make any difference to they way AUSA handle case. They are department of Justice Employees just like any other employee they follow instructions from the General Cousel of FBI and USCIS. They have no personal agenda against you so they usually don't care. I do not think that even if you influence him by some means it will going to make any difference. To be honest you might have more chances of getting him in bad terms as he might not like it they way you approach it.

I will stick to my preparations in fighting the case. If they got some thing against you trust me your boss can not do any thing about it.

again hope for the best prepare for the worst.
 
paz1960 said:
Thank you for your trust, but I think that there are several other forum members who are very knowledgeable and you can consider their advice also. Especially in WOM cases, I'm sure that wenlock or other members, who concentrated on this type of lawsuit, know more than I do, because my case was a 1447(b) lawsuit for a stalled naturalization and I spent most of the time researching cases of this type.

I don't know why some people are filing WOM cases under 540 (Mandamus and other) and others under 890 (other statutory actions). Probably because 540 is under "prisoner petitions". I don't think that ultimately this can make a huge difference; I didn't see a single case rejected by the court because improper classification. I think that most of the clerks are more tolerant for such mistakes in the case of a Pro Se plaintiff. And in many courts, they don't really know, how to handle these lawsuits. In my district, my lawsuit was the first of this type. The clerk first called somebody and had a long conversation before she accepted my original filing, but ultimately she didn't object for anything: it was OK how I prepared the papers.

So back to your original PACER related question: the safest is to search both 540 and 890 category lawsuits and with Chertoff as one of the party names. You will get also quite a few "false positive hits" (just like in the name check), but if you are patient enough, you will ultimately get the desired cases.
Click to expand...


It really does not matter what you select either 540 or 890. WOM is very clear it comes under 540 classification but some times when Plaitiff file cover sheet they file with 890 checked so court clerks just follow that. I selected 890 when I filed but my court clerk mentioned all Govt agencies review decisions folow under 540 so she crossed it and mentioned 540.

At the end of the day it really does not matter what classification they put on your law suit. What matters is if you can prove your point and stay behind your claims and prove them in court of law.
 
tang2002 said:
Paz, it is always great to have you here even though your case have been solved. I am sure most of us are grateful to your contribution here. Now one quick question for you and other experts like saar and wenlock, do you guys think if it is a good idea to have somebody to influence the local AUSA? my boss might pull some string if I ask him for help. but really i am not sure if this is a good idea b/s i am afraid asking my boss' help will actually do harm to my case. and my boss would think this request is totally out of line. any comments?
Click to expand...

It is a bad idea in my personal experience. I even tried to get my senator's office representive to call AUSA to explain my status, but my AUSA refused to do so (even she is very nice person and help me a lot to solve my case). I guess there are two reasons: (1) This is legal associated issue, what they said, could be some evidence against them. (2)they are representing USCIS and FBI on the oppsite of us, they dont have to deal with you unless they want to settle outside of court. I dont think AUSA would talk to your boss only if he is your authorized attonery. If you really need talk to your AUSA, dont be afriad, write down the point you want to make and question you want ask. I know it is hard, but you are the best person to talk to she/he (Pro Se case)
 
Pacer Search Tips

many people in the forum ask what is the best way to search on the pacer.

Here are the techniques that I use and so far my searches are ver satisfactory according to my needs.

If you are planning to search just in your district court select that under court like "Fourth District Court"

In parties last name put "Chertoff" as he is defendent almost in every 540 or 890 case related to WOM or 1447(b).

Select date range that your would like to search. Like Jan 1st 2006 - Jan 1st 2007

Under Classification put 890 for 1447(b) and 540 for WOM. Most of the WOM are 540 and 1447(b) are 890 but in some cases it can be other way around.

Hit Search.

Now pay attention to cases open and close dates mostly if difference between open date and close case is between 60 - 90 days you have very very little chances of finding any motion to dismiss or response to motion to dismiss.

If case open date and close date are more then 90 days apart you are likly to see either motion to dismiss or another 30 days extensions and order on these motions.

If you see cases open 6 months or more ago and still not close dates you are 100% to see activity like motion to dismiss, responses, pretrial conferences and rulings.

Keep your search narrow to get favourable hits or you are do broad search and save all search records in text file. Go through search results in text file and put all the interesting cases based on dates criteria provided above in seperate file and go throught them on pacer one by one.

It is the most effective way to find effective cases.

I would start from my own District court and then expand it to others.

remember courts in same district courts have always priority in proving your arguments them cases from other district courts.
 
Thank you

paz1960 said:
I don't know if there is an easy way to select only cases which have certain documents filed (like opposition to a motion). I did it in the "pedestrian way", just went to each case (as a result of a search where I put Chertoff as party and 890 as nature of the suit) and opened the docket and looked for the content.
Click to expand...

Hey
Thank you very much! I will go to pacer to look up. I have two cases from you and one from Wenlock.

Again, Paz and Wenlock, thank you very much!

Philipimp
 
tang2002 said:
Paz, it is always great to have you here even though your case have been solved. I am sure most of us are grateful to your contribution here. Now one quick question for you and other experts like saar and wenlock, do you guys think if it is a good idea to have somebody to influence the local AUSA? my boss might pull some string if I ask him for help. but really i am not sure if this is a good idea b/s i am afraid asking my boss' help will actually do harm to my case. and my boss would think this request is totally out of line. any comments?
Click to expand...
I totally agree with wenlock's assessment. Asking somebody to pull strings can be a sword with two edges. You may do more harm than good, and there is no way to find out this in advance. But you certainly can try to contact yourself AUSA, even ask him/her for a personal meeting and go and present your case, with details what you didn't put in the complaint. If AUSA sees that you are a decent person (I assume that you are), and you are not for some favors to skip the line or looking for revenge, compensation, etc., you just want your case solved, you have a fair chance that you will gain his/her sympathy and help.

And I don't see any benefit of complaining and bashing FBI and USCIS. AUSA knows well even without our remarks that the system is not working as should. And s/he also knows that s/he will not be able to fix it. So rather complaining about the general problem, try to stay focused and concentrate on your individual case. Remember that AUSA is part of the same bureacracy as USCIS and FBI.
 
Last edited by a moderator:
thanks paz, wenlock, and michael for the reply

paz1960 said:
I totally agree with wenlock's assessment. Asking somebody to pull strings can be a sword with two edges. You may do more harm than good, and there is no way to find out this in advance. But you certainly can try to contact yourself AUSA, even ask him/her for a personal meeting and go and present your case, with details what you didn't put in the complaint. If AUSA sees that you are a decent person (I assume that you are), and you are not for some favors to skip the line or looking for revenge, compensation, etc., you just want your case solved, you have a fair chance that you will gain his/her sympathy and help.
Click to expand...

I really appreciate it guys! Guess I'll just have to prepare to fight myself!!
 
kefira said:
It looks that I screwed up completely and get lost in all the paperwork, teleconferences... I came home and had a message from the court that tomorrow is my hearing... So, I will do my best to be as less emotional as I can and try to convince a judge what is reasonable and what is not.

Just wish me good luck and I will update you tomorrow how did it go. I am not sure how should I prepare for this, but I am planning to list what I could not do during these 2 years waiting for GC:

1. travel limitations
2. job limitations
3. lost time due to 4 FP app and 3 infopass app
4. money spent on 2 travel and 2 EAD cards
5. cannot count time toward US citizenship

Any other ideas are welcome. Last question. Is it ok to go in jeans with shirt over? I do not have any other clothes to wear (Paz knows why) and tomorrow not much time to buy something new.

Thanks to everybody
Click to expand...
Best of luck! You shall prevail! Many judges have basic common sense – all these delays are simply against our biological nature. I pray yours is one of them.

I my case travel difficulties completely stalled my career – there was always some willing friendly US citizen co-worker, who would jump on a short notice mission-critical business trip to Europe or Japan ahead of me, while I would get stuck applying for a visa. So there have always been somebody else, who would in a week or so have gotten all the credit for my projects that I have been slaving on for 9-15 months. Over last five years my friendly colleagues and management learned the pattern and started scheduling such trips on a 1-2-week notice, so that I would have no chance of getting visa in time. May be it is just my whining, but the judge might find such circumstances compelling.

Best of luck again!
snorlax
 
Hi kefira,
I had some past court experience and jeans are really no, no, but if some doesn’t have other than jeans then no choice.
It is strange why your case went to trial? Per the California pro se handbook (thank you paz, great info), judges want motions and counter motions to decide a case. They only ask for trial if they think that any further verbal argument needed.
Please mention that you are a family person and talk about your family that how mush they are suffering, also bring your parents that how much hard on them due to all of this mess.
Good luck and I know you will do the best.
Thank you



kefira said:
It looks that I screwed up completely and get lost in all the paperwork, teleconferences... I came home and had a message from the court that tomorrow is my hearing... So, I will do my best to be as less emotional as I can and try to convince a judge what is reasonable and what is not.

Just wish me good luck and I will update you tomorrow how did it go. I am not sure how should I prepare for this, but I am planning to list what I could not do during these 2 years waiting for GC:

1. travel limitations
2. job limitations
3. lost time due to 4 FP app and 3 infopass app
4. money spent on 2 travel and 2 EAD cards
5. cannot count time toward US citizenship

Any other ideas are welcome. Last question. Is it ok to go in jeans with shirt over? I do not have any other clothes to wear (Paz knows why) and tomorrow not much time to buy something new.

Thanks to everybody
Click to expand...
 
Once again great job guys Wenlock your post on searching pacer is what i was looking for good job.One more question at what point of time is it right to contact you AUSA and introduce yourself and ask about the case .I remember the first post by Publicus says 2 weeks before deadline but i assume nowdays you should contact them much earlier.My summons were served on AUSA on Feb1 and everybody else on FEB 5 i am still waiting on the green cards to come back to file certificate of service.Should i contact the AUSA now or wait a week or so before doing it
thanks
 
sksharma76 said:
Once again great job guys Wenlock your post on searching pacer is what i was looking for good job.One more question at what point of time is it right to contact you AUSA and introduce yourself and ask about the case .I remember the first post by Publicus says 2 weeks before deadline but i assume nowdays you should contact them much earlier.My summons were served on AUSA on Feb1 and everybody else on FEB 5 i am still waiting on the green cards to come back to file certificate of service.Should i contact the AUSA now or wait a week or so before doing it
thanks
Click to expand...
I don't think that there is a hard rule, when is the best time to contact AUSA. Probably, the sooner the better. BUT, if you call too soon your case might not be assigned yet or even if it is already assigned, AUSA didn't have time to look at it. So I would wait probably at least two weeks after serving the complaint. I think that you will be able to find this out only by trial and error. And why is better sooner than later? Because it may give more time to AUSA to deal with FBI and USCIS.
 
instead of 540 and 890, I checked 440

Thanks you guys to tell me what does 540 and 890 mean. :)

I did not use either of them, I select 440, which is Other Civil Right. I saw 540 is in prisoner petition group and does not fit my situation. 890, I really do not understand what is it.

Anyway, the court clert did check the cover sheet and did not mention anything, hope it will not cause any extra issue.

thanks all those kind people to point out what it is.
 
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