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

Thank you for your response!

whatsnamecheck said:
I heard it from a lawyer. It has been on USCIS's wishlist for a long time (that is to change 1447b). Currently it's being circulated for public comments. It doesn't mean that the Congress will grant this wish to USCIS. But I suggest you just file if you are eligible for 1447(b). This is the only check & balance in the immigration system right now for the little guys like you and me. Forget about the intent to sue letters, I did that and waited for a month and they got me nowhere. They will only respond to you when they get the summons and complaint.
Click to expand...

Thanks for your response. Ya, you are right that they are not gonna response to the intent to sue letter. I actually did it, so when I sue them, I can show it in the Exhibit that I did give them the last chance and judge can see taht I did not just want to sue them. It was just to protect my back side. Actually, I have clearly told them in the letter the date I am goona file my petition. So, thats why, I think it is a good idea to do this after two weeks although I wish I could file the petition today. You see if I file it now, they could bring that letter to the court and use it againist me and I certainly do not want that. I hope you understand. Is the the answer for this USCIS whislist is due in April. If it is, then I am safe. Another question I have is if the congress approves this law, is it going to be implemented immidiately or after certain time. Thanks again and good luck!
 
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USCIS Inter-office Memo ???

sfdurrani said:
Follwing are the other examples of response to motion to dismiss.
Click to expand...

Paz and others:

Can an inter-office memo of USCIS be submitted as an exhibit in an opposition to 'Motion to dismiss'?

Inter-office memo's are typically internal documents not necessarily public info, if so
can they be cited as support for your argument, if the document contains a strong point
to validate/support one's stand.

I do see that Paz has used one in the 'Motion to Dismiss', please clarify. Paz,
was the memo (Exhibit 2) Public info when you filed your opposition?
 
DUDE12190 said:
Thanks for your response. Ya, you are right that they are not gonna response to the intent to sue letter. I actually did it, so when I sue them, I can show it in the Exhibit that I did give them the last chance and judge can see taht I did not just want to sue them. It was just to protect my back side. Actually, I have clearly told them in the letter the date I am goona file my petition. So, thats why, I think it is a good idea to do this after two weeks although I wish I could file the petition today. You see if I file it now, they could bring that letter to the court and use it againist me and I certainly do not want that. I hope you understand. Is the the answer for this USCIS whislist is due in April. If it is, then I am safe. Another question I have is if the congress approves this law, is it going to be implemented immidiately or after certain time. Thanks again and good luck!
Click to expand...

Not to discourage you but for the sake of making the trade-off for maybe newcomers, I don't think sending this intent to sue letter is a good idea in today's scenario. The reason is simple --
1. Can anyone give a single example that this kind of letters worked in the past? Or is the success rate above even 1%?
2. Knowing the WOM and even 1447(b) lawsuits are harder everyday (simply due to the fact that more people are filing and even if they do expedite NC the queue is longer) plus goverment is trying to setup new rules, waiting more time to file only lowers your winning chance while buying nothing out of that.
3. Even in your case, let's say they show the judge the letter and argue that you did not wait till your own deadline -- Can they also show that they did anything to avoid the lawsuit? If yes you are fine and if no they have nothing to argue in the court. Of course if it's simply two more weeks to wait I'd also wait but this is just for arguing the point of whether to wait.

Just my 2 cents.
 
P400A said:
Paz and others:

Can an inter-office memo of USCIS be submitted as an exhibit in an opposition to 'Motion to dismiss'?

Inter-office memo's are typically internal documents not necessarily public info, if so
can they be cited as support for your argument, if the document contains a strong point
to validate/support one's stand.

I do see that Paz has used one in the 'Motion to Dismiss', please clarify. Paz,
was the memo (Exhibit 2) Public info when you filed your opposition?
Click to expand...

It is certainly public for you since you obtained from the web -- Whether it is legal or not for the first guy who put it on the web without permission of CIS is not your problem. So I'd just use it if that supports your petition to any extent.
 
P400A said:
Paz and others:

Can an inter-office memo of USCIS be submitted as an exhibit in an opposition to 'Motion to dismiss'?

Inter-office memo's are typically internal documents not necessarily public info, if so
can they be cited as support for your argument, if the document contains a strong point
to validate/support one's stand.

I do see that Paz has used one in the 'Motion to Dismiss', please clarify. Paz,
was the memo (Exhibit 2) Public info when you filed your opposition?
Click to expand...

You didn't follow closely this forum; I never had to file that opposition. It is only a draft; my case was solved before the 30 day extension requested by AUSA was over.

There was already a discussion about this issue when kefira posted the newest inter office memo about the changed policy with the expedited name checks. I already stated then that I don't know the answer to the question how legal or illegal is to use an inter office memo as an exhibit. Because I got this from the internet, without breaking in anybody's computer or without any other unlawful method; the memo doesn't have any stamp or iscription that the containt is secret; I thought that it is OK to use it as a supportive exhibit. But again, I didn't have to file that opposition.
 
pankajkandhari said:
Even though 4 months is a long time, I think the bright side of it is your name check has been expedited.. Now I am not sure how much to believe AUSA but if she is telling the truth then its a good sign.

I think everyone else is right in saying that WOM is getting harder and harder and esp for people in I-485. I am waiting for 6 months but by the time I will be ready to file (may be another 8-9 months later) WOM will be extremely tough. I feel all the doors are getting shut except for paying huge amounts of money to lawyers, who won't be able to guarantee any results.

But I hope you come out of this mess sooner.
Click to expand...

Thank you for your support. Best luck for you and everyone in this forum.
 
Thanks!

cacd07 said:
Not to discourage you but for the sake of making the trade-off for maybe newcomers, I don't think sending this intent to sue letter is a good idea in today's scenario. The reason is simple --
1. Can anyone give a single example that this kind of letters worked in the past? Or is the success rate above even 1%?
2. Knowing the WOM and even 1447(b) lawsuits are harder everyday (simply due to the fact that more people are filing and even if they do expedite NC the queue is longer) plus goverment is trying to setup new rules, waiting more time to file only lowers your winning chance while buying nothing out of that.
3. Even in your case, let's say they show the judge the letter and argue that you did not wait till your own deadline -- Can they also show that they did anything to avoid the lawsuit? If yes you are fine and if no they have nothing to argue in the court. Of course if it's simply two more weeks to wait I'd also wait but this is just for arguing the point of whether to wait.

Just my 2 cents.
Click to expand...

Thanks for your time. I think you are right. I just called the court and discussed the same thing with them. I think what I am gonna do now is that I am going to send them another letter(just to cover my backside) that because I am hearing this new B.S about changing 1447b, I am really frustrated and now I am filing a week and a half earlier than what I had previously said. If they think that it is ridiculous, I just do not care because I have been waiting for almost two years after my interview and that is more ridiculous than this. Law should be equal for everybody. Thank you again and good luck to you!!
 
Hiram said:
don't worry, use it.. it was made public by USCIS on Wednesday
Click to expand...

The USCIS memo in question is titled
"FBI name checks policy and process clarification for domestic operations"

Can you confirm that this information was made public by USCIS,
was that on USCIS website, is there a link that you could provide?

Thanks.
 
DUDE12190 said:
Thanks for your time. I think you are right. I just called the court and discussed the same thing with them. I think what I am gonna do now is that I am going to send them another letter(just to cover my backside) that because I am hearing this new B.S about changing 1447b, I am really frustrated and now I am filing a week and a half earlier than what I had previously said. If they think that it is ridiculous, I just do not care because I have been waiting for almost two years after my interview and that is more ridiculous than this. Law should be equal for everybody. Thank you again and good luck to you!!
Click to expand...

You are very welcome and good luck for the new jouney! As for myself I was lucky/unlucky NC got cleared on the same day of my 1447(b) filing. Not sure what promted FBI's action but I'm more than happy to take it anyways.
 
WOM Filed and seeking lawyer recommendation

Hi all, first I want to thank everyone on this forum, you have been my inspirations and encouragements. The informations and helps are invaluable.

I finally made up my mind and filed WOM ProSe this week to Nor Cal dist court, after patiently waited for more than 2 years.

As I read from this forum, my take on it is the fight for WOM cases is likely going to get longer and tougher in the future. I am determined to fight to the end, but at some point I suspect might need some professional helps or even take-overs. So I would like to seek recommendations on lawyers with WOM track record, in San Francisco Area. I got a couple of names myself, but haven't contacted them yet:

1. www.lawbw.com
2. www.jclawoffice.com

Thanks.
TL
 
Hi all,
today I mailed the summon return sheets with the usps.com printouts and usps green sheets copies.
I was checking my case on pacer, it seems they assigned judge Joseph A. Greenaway, Jr on my case.
I googled his name and he was the judge on a complaint filed by illegal alliens janitors working for Wal-Mart against Wal-Mart, he dismissed the case to the favor of Wal-Mart... I don't know if this is a bad sign.
is there a way I can find out who's the US Attorney assigned to my case? or is it still too early for this?
 
sfdurrani said:
Have you had any chance to get in touch with your AUSA? Call him and develop a working relationship with him. Find out who is assigned to your case. All you need is first and last name. A good trick that I learnt early on from PACER was that their e-mail address follow a specific pattern and are simple to guess like "john.doe@usdoj.gov". Drop him an e-mail every week and ask for an update. Also search your district court on PACER and find out what they usually file "Answer" or "motion". Answer does not need a response but motion must be responded to in specific time period. Most AUSA file generic motion to dismiss (as they dont have much time I think from all these cases to write individual responses). If it is a motion to dismiss in your district, have a generic response ready to file.
Click to expand...

Tried calling the AUSA once, he said its unethical for him to talk to me since I have an attorney. My attorney doesn't call the AUSA as much as I would like him to. I checked Pacer there is only once case still open... mine. Going back as far as 2001, all cases have been closed either jointly or dismissed by plaintiff. So far no motions have been filed by the AUSA. The last day for serving any motions is Apr 1. Timelines for motions in WI : 20 days to respond any motions and 10 days for the moving party after receiving the response.

The stress is taking a toll on me, can't stand sitting idle at home. Some days it feels like I am loosing my mind. Sorry just had to vent.
Any suggestions guys?
 
Need advice: application transfered two days after file WOM

Hi, first thanks everyone in this great forum. I finally filed WOM for my I-485 on Feb. 28, 07.
Today, two days later(I haven't even got the return receipts), I got an email from USCIS saying that my I-485 application was transferred to Texas Service Center on March, 02, 2007.
Since my application has been in Vermont Service Center for the past three years, I put the director of Vermont center as one of the defendants.
Now, what should I do? I guess I need to notify the court about this change? Should I still keep the Vermont Center director as defendant? How would this development affect my case?
Your input will be greatly appreciated.

thanks,
mmz
 
mmz said:
Hi, first thanks everyone in this great forum. I finally filed WOM for my I-485 on Feb. 28, 07.
Today, two days later(I haven't even got the return receipts), I got an email from USCIS saying that my I-485 application was transferred to Texas Service Center on March, 02, 2007.
Since my application has been in Vermont Service Center for the past three years, I put the director of Vermont center as one of the defendants.
Now, what should I do? I guess I need to notify the court about this change? Should I still keep the Vermont Center director as defendant? How would this development affect my case?
Your input will be greatly appreciated.

thanks,
mmz
Click to expand...

I would call the court and ask them about this situation. In my opinion, you should not delete Vermont center's director as a defendent because this transfer happened only two days after you filed. But I would include the Texas service director as a new defendent, but please call the court. They can tell you better. Good luck. regards, dude
 
ipoh said:
Tried calling the AUSA once, he said its unethical for him to talk to me since I have an attorney. My attorney doesn't call the AUSA as much as I would like him to. I checked Pacer there is only once case still open... mine. Going back as far as 2001, all cases have been closed either jointly or dismissed by plaintiff. So far no motions have been filed by the AUSA. The last day for serving any motions is Apr 1. Timelines for motions in WI : 20 days to respond any motions and 10 days for the moving party after receiving the response.

The stress is taking a toll on me, can't stand sitting idle at home. Some days it feels like I am loosing my mind. Sorry just had to vent.
Any suggestions guys?
Click to expand...
Cheer up!
It is going to be quite slow through the litigation, so you do need patience. Hard liquors work best to quell anxiety, but if you can’t take one – any other depressant works almost as well. For healthier results - some people start jogging 2+ hours a day and report great improvements in their mood!

Best of luck, everybody!
snorlax
 
REF for medical exam, good sign?
I filed WOM on 12/26/2006. Now I got the REF for medical exam. You guys think that is good sign?
 
Creating a lawsuit is great, but is there another way for my situation?

I really hope I am posting my question in the right topic...

I have spent quite some time reading and looking through this site, and although the information is awesome, it must admit I started feeling quite overwhelmed. So I decided to post…

In a nutshell, this is my situation… I sponsored by wife from Viet Nam and she arrived in May of 2003. We then had our interview and waited for the dreaded FBI Name Check, in order to gain her legal residency.

After several trips and lost time at the USBCIS in San Jose, CA I decided to write government officials about the name check situation in 2006. The representatives for my state return letters stating my wife’s FBI name check cleared on Sept, 2004! After returning to USBCIS, I was told, somehow, there was a duplicate document created and the duplicate is what’s held up waiting for and FBI name check to clear.

Now I am wondering… How did this duplicate get into the mix? I know we (my wife & I) didn’t create a duplicate. We’ve been patiently waiting… as asked. Since clearance was granted in 2004, is there anything we can do to get our case cleared? USBCIS tells us “keep waiting.”

Now I am becoming interested in joining with others. Maybe creating a movement to draw greater attention to the situation so many of us are facing. Is the FBI really untouchable? Is there a case going on that I can join?

Any advice is greatly appreciated.
 
akram88 said:
Hi all,
today I mailed the summon return sheets with the usps.com printouts and usps green sheets copies.
I was checking my case on pacer, it seems they assigned judge Joseph A. Greenaway, Jr on my case.
I googled his name and he was the judge on a complaint filed by illegal alliens janitors working for Wal-Mart against Wal-Mart, he dismissed the case to the favor of Wal-Mart... I don't know if this is a bad sign.
is there a way I can find out who's the US Attorney assigned to my case? or is it still too early for this?
Click to expand...


Did you send your original court stamped summons along with the "Certificate of Service".
Did you sign as the executor of the service on the "Certificate of service".

USPS green sheet copies? Is this the Certified Mail receipt that USPS provides or
the green acknowledgement card that you get back from the receiver signed? Is it enough
to provide just the tracking results from the USPS website or a physical signed
green acknowledgement card is necessary?

Is it okay to print the certificate of service as page 2 on the back of page 1 of
summons or did you print it out as a separate page.

While filing at court are you required to print individual copies of the complaint (1 for each defendant)
and get it stamped or just one and then make copies from the one stamped copy?

Please clarify, I am planning to file 1447(b) in NJ as well?

Thanks.
 
New comprehensive immigration bill expected to be introduced

This just came today on my New York Times internet edition:

http://www.nytimes.com/2007/03/02/opinion/02fri3.html?th&emc=th

What startled me is that it said the bill will be introduced WITHIN DAYS.

Is it related to the rumor one member heard from his laywer, that a new law is going to pass in April? (And what's the chance it will pass?)

In other words, do we have even less time to file before this law may pass?
I guess, I am running out of time with my husband's 1447 preparation!

How long for the introduced biil on average to pass, does anyone have any idea? (I''d need to reasearch it, but no time, have to write the petition.)

Shvili
 
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