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

Can you please tell me when is your oath and also if you have received anything (oath letter) in the mail for you to show up for oath on xxx day?

RWDW said:
After six months pending with the 1447b case, eventually I got my case approved and oath scheduled. I would like to thank this incrediable forum and all the valuable members who contribute a lot.

I filed in early September 06 and already had three extensions. Before that, I felt so desperate until last Friday, I received an email from the AUSA and a phone call from USCIS today, informing me the good news.

For those who filed and expedite request sent before 12/21, don't worry. I think FBI is working on the backlog of the expedite cases and since there're no more automatic expedites, your name check will be completed soon.

For those who filed later than 12/21. You'll have to fight and eventually the victory will be yours.

Good luck everybody! :)
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whatsnamecheck said:
Hi Paz and other regulars of this board,

As I await an answer or motion to dismiss about my 1447b lawsuit, I am running possible scenarios in my mind. Since my interview was scheduled, de-scheduled, then re-scheduled all by USCIS, do you think the defendants will say that the re-scheduling is a mistake, therefore my re-scheduled interview should not have happened and I should wait for the "real" interview after the name check is completed?
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Don't worry what defendants might say. There are million things they might say and you can't guess all of them in advance. They interviewed you, it was a mistake or not; it's their problem, not yours. Not you violated their internal regulation (to not interview applicant till the name check is done) but them.They triggered by that interview their 120 day clock (unless judge buys Danilov v. Aguirre).
 
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Waitneb said:
Paz is right that you can not ask the judge to order them to issue approval.
However, my point is that you do not have to consent to a joint stipulation
for dismissal. This is a leverage that puts pressure on CIS to send your card
fast (which they usually do anyway). The judge can, of course, order your
case dismissed at anytime upon AUSA's motion. But even then you can
always oppose the motion saying that you have not received "proof of
permanent residence" which means the plastic card.

Of course, this is all assuming that you only asked in you original complaint
for an order compelling adjudication. If you asked for anything else, say,
a declaratory relief that their delay was unlawful, or any other relief, then
your case is not quite moot yet and the judge would not automatically
dismiss. Also, you might be a prevailing party at this point because you had
the judge enter an order in your favor dismissing the MTD. You can recover
your costs (but no attorney fees if you filed Pro Se). The so-called
"Catalyst Theory" does not apply in your case.

Of course, this is all theoretical and you are likely to get the cards with no
problem soon and probably have the case dismissed in a joint stipulation.
Just make sure you take enough precautions to protect yourself in case of
any future problems.

Good luck,
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WaitNeb and Paz,

Thank you both for the advice. I will call the AUSA asking for an extention.

Olin
 
Yes, I got the oath letter on Monday when I got home. The oath is scheduled in two weeks. :)


joey101 said:
Can you please tell me when is your oath and also if you have received anything (oath letter) in the mail for you to show up for oath on xxx day?
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does the lawsuit apply to those waiting for their 485 name check too?

my husband and i applied for his I-485 in march 2005, no status on name check yet.

should i start a lawsuit against USCIS?
 
monicakotak said:
does the lawsuit apply to those waiting for their 485 name check too?

my husband and i applied for his I-485 in march 2005, no status on name check yet.

should i start a lawsuit against USCIS?
Click to expand...

Sure you should start preparing with your complaint. If you have money and resources contact good immigration litigation lawyer. If you are willing to spend many many hours of research and study that you can do it your self.

Two years is long enough wait for name check. Time to get some attention of immigration now.
 
Any new court rulings in Jan or Feb 07 for 1447b cases

Hi Team,
Please post court rulings in 1447b cases since Dec 2006. I am in Michigan, we have some cases with motion and counter motions, and I will also post the outcome of these cases too. “Paz” and other counter motions only show court ruling till Dec, 06. We need to be more observant for recent rulings, as we all know in after 12/21 era, you must be readies your counter motion.
 
should I contact AUSA or wait?

Folks,

Based on this excellent forum, I filed my 1447b on Jan 17th after 180 days of my interview in N. california, my docket says, answer is due on 3/19. I have not contacted AUSA yet on this. Nothing has been yet filed by AUSA on my case as I don't see anything in the docket report. Do you guys suggest I should give a call to AUSA or just wait till the due date? Thanks!
 
Second Code 3 fingerprint

Filed for I -485 in August 2005. Had first code 3 fingerprint in Oct 2005. Name check was pending for a long time. Filed WOM in Feb 6, 2007. On Feb 26 Judge ordered defendants to respond within 20 days. Received a second code 3 fingerprint appointment. Will have it done next week. Does any one know how long it takes the I-485 to get approved after second fingerprint? I am FED UPPPPPPPPPPP.
 
Just a thought

After following this forum for a while, I have a feeling that it is always close to the end of the month that people here start saying their case is approved. Is that me or it is true that FBI only send out namecheck result close to the end of the month?
 
yvesliu said:
After following this forum for a while, I have a feeling that it is always close to the end of the month that people here start saying their case is approved. Is that me or it is true that FBI only send out namecheck result close to the end of the month?
Click to expand...

Not really. My case was approved at the beginning of the month.

Olin
 
Olin said:
WaitNeb and Paz,

Thank you both for the advice. I will call the AUSA asking for an extention.

Olin
Click to expand...

Just an update. I went to the AUSA's office today and got a copy of the fax from CIS to AUSA stating that my I-485 application is approved. I then agreed to sign a notice with the AUSA to the judge requiring a 30 day extention for the AUSA to prepare a timeline of my case. In this notice, I also agreed that if I receive my green card within 30 days I will then file a joint stipulation of dismissal with the AUSA. If I do not receive the card, then AUSA will help me to follow up with the CIS. The AUSA was quite nice this time.

Olin
------------------------
WOM filed on Oct. 22, 2006
AUSA MTD filed on Dec. 23, 2006
MTD Denied by judge Feb. 12, 2007
 
Olin said:
Just an update. I went to the AUSA's office today and got a copy of the fax from CIS to AUSA stating that my I-485 application is approved. I then agreed to sign a notice with the AUSA to the judge requiring a 30 day extention for the AUSA to prepare a timeline of my case. In this notice, I also agreed that if I receive my green card within 30 days I will then file a joint stipulation of dismissal with the AUSA. If I do not receive the card, then AUSA will help me to follow up with the CIS. The AUSA was quite nice this time.

Olin
------------------------
WOM filed on Oct. 22, 2006
AUSA MTD filed on Dec. 23, 2006
MTD Denied by judge Feb. 12, 2007
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Job well done. Congratulations again.
 
sambocico2 said:
Filed for I -485 in August 2005. Had first code 3 fingerprint in Oct 2005. Name check was pending for a long time. Filed WOM in Feb 6, 2007. On Feb 26 Judge ordered defendants to respond within 20 days. Received a second code 3 fingerprint appointment. Will have it done next week. Does any one know how long it takes the I-485 to get approved after second fingerprint? I am FED UPPPPPPPPPPP.
Click to expand...

My N-400 application was approved after two weeks from the date I went for the 2nd FP. However, I found out this only 2 weeks after the approval date.
 
vmedikon said:
Folks,

Based on this excellent forum, I filed my 1447b on Jan 17th after 180 days of my interview in N. california, my docket says, answer is due on 3/19. I have not contacted AUSA yet on this. Nothing has been yet filed by AUSA on my case as I don't see anything in the docket report. Do you guys suggest I should give a call to AUSA or just wait till the due date? Thanks!
Click to expand...

This forum is excellent only to the extent how much you read it. There were many times discussions about how/when/why to contact AUSA. I would recommend to contact your AUSA and try to build a good working relationship with him/her ASAP.
 
I don't want to wait any longer. I don't think giving USCIS more time will result in a decision unless I take an action. Anyone know a good immigration lawyer in Los Angeles or Orange County, CA area?

Date GC acquired: March 28, 1986 (sigh... only if my parents didn't wait so long to get naturalized...)
Date filed: Feb 22, 2006
Fingerprints submitted with applications (Overseas as an US government contractor)
Interview: Aug 8, 2006
 
5usc 704

Dear Paz and Wenlock,

how should we response to the MTD if the defendants using 5USC 704, the court lacks subject mater jurisdiction because "final decision is not made"?

Thank you very much.
 
how many days i still have?

Hi, paz and wenlock......

how many days i have to file my OPP after the AUSA filed MTD? Should the judge or the court send me something after they get the MTD? I got it from email, but i didn't get the paper file yet.
 
mgzh said:
Hi, paz and wenlock......

how many days i have to file my OPP after the AUSA filed MTD? Should the judge or the court send me something after they get the MTD? I got it from email, but i didn't get the paper file yet.
Click to expand...

This depends on the Local Rules. Each distict can have different deadlines. You can download the Local Rules from your district court web site (I assume that you didn't do yet).
 
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