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

[greencard12]

I am confused. I think my original complaint is not so strong by not including congress testimonial, USCIS name check expedite rules and OIG report. I want to add these things. However, if you did not mention those exhibits in your original complaint, how can you to add these exhibits? I mean, how to connect these exhibits to the original complaint without changing the complaint?

Suze977, Mohamedmohamed, could you clarify me on this issue? Thanks.

 

[moonwalker]

what if the wom is filed and the person gets laid-off?

wom filers/gurus for aos & n400,

what if wom is filed and there is speculation in the market that the company you work for will lay-off people in the near future, what happens then?

your insights will greatly help.

-moonwalker

 

[greencard12]

wom filers/gurus for aos & n400,

what if wom is filed and there is speculation in the market that the company you work for will lay-off people in the near future, what happens then?

your insights will greatly help.

-moonwalker

Your case becomes moot and will be dismissed if they know you get laid off and you could not find a new job under AC21.

 

[moonwalker]

what if ac21 is in progress at that time

so what happens if ac21 is in progress or you find yourself a new job (somehow miraculously) while wom case is in progress. is there any sort of wait time allowed in this event. anyways, i think even it were to become moot, you can always start a new one based on similar grounds once ac21 portability or company xfer has been completed.

any thoughts ... ?

-moonwalker

 

[lt1GM]

I won!!!

Today I received an invitation to the oath ceremony on June 9 in Newark, NJ!! That'll be barely two months after I filed suit - is that a new record or what? Here's my timeline:

Interview:11/04
1447 filed: 04/06
2nd fingerprint notice: 05/06
Oath Cermony: 06/06

And I haven't even filed the proof of service with the court yet! And I guess I won't have to!

TAKE THAT, USCIS!!!

It's just a little sad that it takes a lawsuit to get them to do their jobs.

Publicus and all others: thanks for blazing the trail, and sharing everything with us!

 

[ournyla]

Today I received an invitation to the oath ceremony on June 9 in Newark, NJ!! That'll be barely two months after I filed suit - is that a new record or what? Here's my timeline:

Interview:11/04
1447 filed: 04/06
2nd fingerprint notice: 05/06
Oath Cermony: 06/06

And I haven't even filed the proof of service with the court yet! And I guess I won't have to!

TAKE THAT, USCIS!!!

It's just a little sad that it takes a lawsuit to get them to do their jobs.

congratulation, did you contact AUSA or it just happened without contacting anyone. Please share ur experience.

 

[lt1GM]

congratulation, did you contact AUSA or it just happened without contacting anyone. Please share ur experience.

Nope, I didn't contact anyone. It seems to me the Newark DO is one of the 1447(b) friendly ones...

 

[Suzy977]

Suze977, Mohamedmohamed, could you clarify me on this issue? Thanks.

The strength of you case (I'm assuming you have a Writ of Mandamus) consists on:

-The length of the time period elapsed since USCIS was supposed to adjudicate your case.

-The efforts you made to exhaust all the Administrative remedies before you went to court.

At the initial stage I wouldn't worry to much about those exhibits you intend to ad, you can refer to them if the case goes further and you have to file a motion or a rebuttal.

This is my personal opinion, maybe guys recently involved in this kind of litigation have a different view point.

 

[khalafah2000]

A lot of lawyers prinicipally don't involve themselves in helping plaintiffs who sue the Government (though I find it kind of hard to understand: filing 1447b petition is simply exercising a right for a hearing after 120 days). Some others wouldn't mind but would want large money in return. No success guaranteed though.

Experience shows that writing to congressmen/women and senators doesn't usually help (a lot of evidence on this thread).

I suggest you either file Pro Se or try to find a good lawyer. If you choose Pro Se, start with careful reading Publicus' instructions at the begginning of this thread.

Good luck.

would congressmen/women letters help as evidence for lawsuit?
Also anybody know a good lawyer in NJ/NY area who has filed lawsuits of this sort before?

 

[needsolution]

Khalafah2000, make sure you read my "Attorney Picking Guide"

yes, i did ask.
He said that very likely I will lose since it is a case against Government and he is not willing to discuss any further. He has filed this kind of lawsuit only once in his whole life and in his opinion, it is a waste of time and money. He thinks that the best strategy is just to wait and wait ..., which to be honest, i am not willing to do.

I have absolutely perfect record during the last 5 years. Paid lots of money in taxes, have no record of any sort etc. The only thing is that I travelled to Pakistan many times in the last 5 years since my wife was there, though my trips were always less than six months and i spent well over 3 years in USA in the last 5 years.

Khalafah2000,

please make sure to find my old post by searching it under my name on this board and read it. The title is "Attorney Picking Guide" and I posted it on this board a few weeks ago. After having numerous paid consultations with several immigration attorneys, I put together a guide on how to pick the right immigration-litigation attorney It will help you understand and make much better decisions when hiring an attorney for suing USCIS. It will help you avoid attorneys like the one you mentioned.




.

 

[Suzy977]

would congressmen/women letters help as evidence for lawsuit?
Also anybody know a good lawyer in NJ/NY area who has filed lawsuits of this sort before?

If you file Writ of Mandamus, yes, is in fact imperative to have such answers as proofs that you tried everything in your power to have the case solved before you went to court.

For Petition for Hearing under 1447(b) it's a good think if you have them but is not mandatory...the elapsed 120 days is all what you need.

 

[DWQY]

filed WOM

today, I filed WOM against USCIS on name check delay. I have been contacting USCIS, congressman for the last one and half year which turn out to be futile. Finally I ran out of patience and take the matter into my own hand. Let's see what happens.

My case info is EB2, filed Sep 03, so the name check has been pending two and half years.

Let justice be served.

 

[khalafah2000]

what kind of question is this? Of course they can and that is what they are actually supposed to be doing. As a matter of fact, they are not supposed to schedule a naturalization interview till all the background checks are not just ordered but completed.

That was exactly what my interviewing immigration officer said during my citizenship interview.

 

[khalafah2000]

If you file Writ of Mandamus, yes, is in fact imperative to have such answers as proofs that you tried everything in your power to have the case solved before you went to court.

For Petition for Hearing under 1447(b) it's a good think if you have them but is not mandatory...the elapsed 120 days is all what you need.

thanks for the reply. one related question,
should i ask my congressman to write a letter now, even though my interview was just around a week ago, or should i wait few months before i ask him?
Actually i plan to file as soon as 120 days are elapsed and want to collect all the evidence now(like congressman letters etc...)

 

[Suzy977]

thanks for the reply. one related question,
should i ask my congressman to write a letter now, even though my interview was just around a week ago, or should i wait few months before i ask him?
Actually i plan to file as soon as 120 days are elapsed and want to collect all the evidence now(like congressman letters etc...)

If you're planing to file 1447(b) you don't need these evidence...still, if you want to do that you can do it at any time, now or later, it doesn't matter...
Write to FBI too, file a FOIPA request, to see if they have any record of you in their file.

 

[sfaizullah]

Today I received an invitation to the oath ceremony on June 9 in Newark, NJ!! That'll be barely two months after I filed suit - is that a new record or what? Here's my timeline:

Interview:11/04
1447 filed: 04/06
2nd fingerprint notice: 05/06
Oath Cermony: 06/06

And I haven't even filed the proof of service with the court yet! And I guess I won't have to!

TAKE THAT, USCIS!!!

It's just a little sad that it takes a lawsuit to get them to do their jobs.

Publicus and all others: thanks for blazing the trail, and sharing everything with us!

Congratulations It1GM!!! I did file in Newark, NJ on 05/05/06 and hope will have same luck as yours. Do you know who was the judge assigned to your case?

Best Regards

 

[AL11]

Any who had a case in seattle

Any one with a WOM case in Seattle, I am thinking of finling Pro Se in Seattle for delayed AOS for name check, I wanted to see if any one else has done or doing this to tell me their experience, Also I need some recommendations for lawyers in the Seattle area.

 

[Haddy]

I'm not kidding, what this person did is totally unethical, and I'm pretty sure for the content of his/her email s/he can be disbarred...

Sending emails to poor immigrants who sued USCIS and lying to them that USCIS won't adjudicate their case unless they hire an attorney (by the way, this is the firm specialized to help you ) I'm sure a Judge may have something to say about this, not to mention the bar association

And another shark (I meant another attorney) a good one, can sue them...and why not, make them pay a nice settlement not to go all the way with the litigation.

I see potential for:
-Disbarment
-Bad publicity
-Judge/Jury sentence with monetary loss

I don't think they want to face that, and they don't expect an ignorant and scared immigrant to go that far.

Once again, I'm serious, if I got that email, I'll give it a shoot trying to talk with another lawyer about it.

Suzy,

I was serious... We can certainly look into this... when I was planning to file I went to US court house and talked to a lwyer... he said that he doesnot even know what pro se is especially if you are filing againt giovt... then he sd that he also does practice with his friend who charges big bucks for AOS/Natz cases... That day I decided I am going to do it on my own... There is nothing in this world I can't do especially when I dont cheat or hurt anyone... well anyways... I thaught what jerk that lawer was... anyways... I apologize if you thaught I was non-serious about this matter I was serious about the subject matter but was expressing lightly... anyways dont read too much into it I am not very good expressing...

 

[Haddy]

Can anyone please help with this? Haddy, what happened to your motion to seal docket?

OH When did I file Motion to seal... may be I dont know what this term means... pharmboy what does motion to seal docket means

 

[Haddy]

Mohamed, Please read you private email...