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

[786riz]

Hi Mingjing,
Judge rules on case, means on all filing (compliant, motions), not just on MTD and counter motions. It is true sometime judge just only rules on complaint, as happened in my case.
If judge rules on a case, it means case is closed (well, depends upon if it is a magistrate or district judge). But both (plaintiff / defendants) could file a motion to amend on the ruling.

786riz,

In #1 below, "judge will rule on the case" is to rule on MTD, not rule on the while complaint, right?

And in #2 below, you mean after judge rules on MTD, and if MTD by AUSA denied, then the rest things you spelled are likely to follow?

Sounds like a long time will be required for #2 alone.

Hello beibei_sd2004,
1. After your counter motion, usually AUSA will file a brief on your counter motion. At this stage if judge feels (in most of the cases) that no verbal arguments necessary, judge will rule on the case. You are not allowed to file any thing other than counter motion, except judge gives you permission.

...
2. Different district are different but case won’t just go to trial with out pretrial, discovery, etc. AUSA could propose any date for trail. However, I am sure that the judge will rule on your case after all filings.

 

[PALANG]

Should I?

HI Ladies and Gents,
My wifes AOS has been pending NC since our interview in April 2005. She was admitted via Fiance visa. Since it would have been 2 Years from the original date of interview and if she would have recieved her temporary GC on time, at this time she would be applying for her permanent GC. I am wondering wether we should go ahead and file for her permanent GC despite the fact that she has no GC yet, so that we can document our steps were taken on time. I am trying to prepare for WOM and gather as much supporting docs.
thanks for great thread and the help.

Good luck to everyone.

 

[Ninyte]

HI Ladies and Gents,
My wifes AOS has been pending NC since our interview in April 2005. She was admitted via Fiance visa. Since it would have been 2 Years from the original date of interview and if she would have recieved her temporary GC on time, at this time she would be applying for her permanent GC. I am wondering wether we should go ahead and file for her permanent GC despite the fact that she has no GC yet, so that we can document our steps were taken on time. I am trying to prepare for WOM and gather as much supporting docs.
thanks for great thread and the help.

Good luck to everyone.

Did USCIS actually give her the conditional resident status? Because you are supposed to apply 2 years after she gets green card, plus while filing you are supposed to include a copy of GC.
Besides that, I know they have some kind of policy, that if you have lived together for two years before they issue you a GC, then they give you a permanent one right away, so you might not even need that step...

 

[lotechguy]

From what I read, why in the world CIS treats I485s like they are nothing. I am so blessed to get my I485 approved by a judge back in 2003. At this time, I don't have time to deal with a nonsensical AUSA trying to fight a MTD. I have only 15 calendar days left. I am just hoping to get a sympathetic judge. AUSA has to say yes and only yes so we can go ahead. I keep the faith and my hope , but not too high...

Good luck. Just remember there is an outside chance that if there is a hearing
judge may question you or attorney why this is urgent ie is there a reason why you need this decision made before deployment ? I know it sounds crazy but i wouldnt put it past some judges. You can of course say that you are going to put your life in harms way for the country and you need to be assured that when you do that your family gets the protection and benefits equal to that of familes of US citizen.

 

[PALANG]

Should I?

Did USCIS actually give her the conditional resident status? Because you are supposed to apply 2 years after she gets green card, plus while filing you are supposed to include a copy of GC.
Besides that, I know they have some kind of policy, that if you have lived together for two years before they issue you a GC, then they give you a permanent one right away, so you might not even need that step...

Thanks for you response nytie,
no we have not received her GC. Her case is I-485 pending NC.
Her I485 was approved OCT 2004, Interview April 2005 approved. we were told she gets GC in mail in 6 weeks once NC is cleared.

 

[ipoh]

Take care of yourself and return safe.

Tomorrow by this time, my attorney is filing an emergency 1447(b) + WoM before a federal judge in Atlanta to complain about this whole mess, the negligence and unnecessary delays of Citizenship and Immigration Services, a bureau under Dept. of Homeland Security. My naturalization application has been pending for more than 18 months and FBI name checks have been done for 4 months now. As you all know the judge has the jurisdiction to grant me citizenship in the court right away. If the judge agrees to do this, I will become a citizen before I deploy. I have only 15 business days left before I get on that plane headed to Baghdad. My attorney seems positive and tells me that AUSA will not fight this type of case. High moral character is established and there should not be anything derogatory that can not be argued. Since it is a time crunching situation we will request a judicial naturalization oath.

Please pray that the judge will agree to use his authority and have some compassion and sympathy about the case.

Good luck with the Judge, and no matter what turns out in the court, stay alert and come back home safe, you will be in our prayers.

 

[lazycis]

jury trial

Friends,

Does any one have opinion/experience on requesting a jury trial in our cases?
My thought is that it may help to speed up the resolution.

Thanks,
L.

 

[mmz]

Thanks CrazyMark, Lazycis and Dude for your replys.
I'm going to the post office to get a delivery confirmation, then try to file it at court. If that doesn't work, I'll mail another copy to USCIS.

Thanks again for your suggestions!
mmz

Hi,I did not get two of the green cards, but I went to the post office, show them my original green recipts and they printed a delivery confirmation. This is very different from the one you get from USPS Website. It is more detalied. Pro Se Office accepted it. Hope it will work for you. Best of luck!! regards, dude

 

[kefira]

Friends,

Does any one have opinion/experience on requesting a jury trial in our cases?
My thought is that it may help to speed up the resolution.

Thanks,
L.

It won't help at all, but actually in opposite will delay all the process. It might take up to 2 years before your jury trial day will come, since courts are also busy and it takes a long time to schedule the day.

 

[laowang]

Is it right time to file WOM now

Dear all,

I am a victim of Name check, too. My I485 has been pending for more than 2 years now. I plan to file WOM but USCIS changed the rule and the situation becomes more difficult. Can you experienced people give me some suggestion whether file wom or not right now? If file, should leave USCIS out and only suit FBI? Thanks.

 

[lazycis]

Dear all,

I am a victim of Name check, too. My I485 has been pending for more than 2 years now. I plan to file WOM but USCIS changed the rule and the situation becomes more difficult. Can you experienced people give me some suggestion whether file wom or not right now? If file, should leave USCIS out and only suit FBI? Thanks.

Hey!
Check second post on page 697
http://boards.immigrationportal.com/showthread.php?t=194681&page=697

There, Paz explains that while the situation is different now, a lawsuit is probably the way to go, unless you want to wait another 100 years.
You should include both USCIS and FBI because they are responsible for this mess. USCIS decided to request FBI name check without setting timeframe for it to be completed and FBI just could not handle the load properly, I guess.

 

[swimfitness]

My case is handled by AUSA "Edward Olsen" (in San Francisco), I have been trying to get hold of him through numerous phone calls, but never successful.

Has anybody actually talked to him personally? I'm trying to figure out whether he never answers phone call, or just my bad luck.

In addition, I sent at least three emails to him, and also never got any reply.

If you did talk to him before, how do you feel about his position on our WOM (AOS) cases?

Thanks

He is hard to get hold of. But once you do, he is a nice guy and helpful. Just be persistent and remember you are not the only case he is managing.

Best of Luck.

 

[xil96]

heard on paper

I found from Pacer that my WOM case will be heard on paper:

Set Deadline as to 9 MOTION to Dismiss for Lack of Jurisdiction. Motion Hearing set for 4/9/2007 before Judge Stanley R. Chesler. (please be advised that this motion will be heard on the papers unless otherwise notified by the court) (sr, )

What will be the possible resulf of this? What is the judge never again touches the suit, is there anyway I can push for judge's rule?

 

[Mingjing]

My case is with him too. I use lawyer so I don't try to get in touch with Olsen. As far as I can feel, I don't think my lawyer have a lot interactions if any with Olsen either.

My case is handled by AUSA "Edward Olsen" (in San Francisco), I have been trying to get hold of him through numerous phone calls, but never successful.

Has anybody actually talked to him personally? I'm trying to figure out whether he never answers phone call, or just my bad luck.

In addition, I sent at least three emails to him, and also never got any reply.

If you did talk to him before, how do you feel about his position on our WOM (AOS) cases?

Thanks

 

[kefira]

My case is with him too. I use lawyer so I don't try to get in touch with Olsen. As far as I can feel, I don't think my lawyer have a lot interactions if any with Olsen either.

I 100% agree. I do not see any point at all in communicating with AUSAs. They r just middle tier who basically doing nothing, except of filing appropriate papers on time. Nothing is depends on them, so why bother? They want as the same as we do to close the case asap and calling/emailig them won't speed up the process, but just bother them.

 

[Mingjing]

I got my MTD on March 26th. And "Motion Hearing" is proposed by AUSA on June 15th 07. According to Pro Se book for Northern California district (I filed in San Francisco), deadline for me to oppose MTD is no later than 3 weeks before "Hearing".

Is this "Motion Hearing" for June 15th hearing specific to this MTD? Sounds 786riz believes June 15th hearing is NOT only to cover MTD, but entire case including complaint as well? If so, why it is dscribed as "Motion Hearing" as opposed to simply "Hearing"?

The outcome of this June 15th could be decision, could be discovery phase, could be many other things, right? How do I (and my lawyer) influence which path it chooses to go down? I certainly prefer a decision.

Thanks.

Hi Mingjing,
Judge rules on case, means on all filing (compliant, motions), not just on MTD and counter motions. It is true sometime judge just only rules on complaint, as happened in my case.
If judge rules on a case, it means case is closed (well, depends upon if it is a magistrate or district judge). But both (plaintiff / defendants) could file a motion to amend on the ruling.

786riz,

In #1 below, "judge will rule on the case" is to rule on MTD, not rule on the while complaint, right?

And in #2 below, you mean after judge rules on MTD, and if MTD by AUSA denied, then the rest things you spelled are likely to follow?

Sounds like a long time will be required for #2 alone.

 

[mmz]

transfer back to VSC after 2nd FP

Hi Missingpa,
If you look at the following thread, http://www.immigrationportal.com/showthread.php?t=244876
there are several people filed WOM, transfered from VSC to TSC, had 2nd FP, and now case transfered back to VSC.

I have the same situation, will go for 2nd FP, code 3 tomorrow. Is your 2nd FP code 1 or 3?

regards,
mmz

Hi,

My WoM case is in the central district of CA. It is nice that you have a lawyer to cover your back. I don't, so I have to take care of everything myself. All things considered, don't you think the first case transfer, the second FP, and the second transfer back to the original service center happened too hecticly? It is depressing that my AUSA is still saying NC pending.

[/QUOTE]

 

[Mingjing]

4/9/2007 already passed. Can you explain? Did it happen, and outcome?

Thanks.

I found from Pacer that my WOM case will be heard on paper:

Set Deadline as to 9 MOTION to Dismiss for Lack of Jurisdiction. Motion Hearing set for 4/9/2007 before Judge Stanley R. Chesler. (please be advised that this motion will be heard on the papers unless otherwise notified by the court) (sr, )

What will be the possible resulf of this? What is the judge never again touches the suit, is there anyway I can push for judge's rule?

 

[lazycis]

Hi Missingpa,
If you look at the following thread, http://www.immigrationportal.com/showthread.php?t=244876
there are several people filed WOM, transfered from VSC to TSC, had 2nd FP, and now case transfered back to VSC.

I have the same situation, will go for 2nd FP, code 3 tomorrow. Is your 2nd FP code 1 or 3?

regards,
mmz

[/QUOTE]

Guess what, the same happened to me as well. FP notice had code 3 (which means 10 fingers, photo and signature are to be captured).
I-485 send to TSC 3/2, FP - 4/5, back to VSC - 4/12

 

[missingpa]

mmz and lazycis,

My code is 1. What does it mean? Per my AUSA, NC is still pending and case transfer does not mean progress is being made.

Guess what, the same happened to me as well. FP notice had code 3.
I-485 send to TSC 3/2, FP - 4/5, back to VSC - 4/12