The other one
Registered Users (C)
Thanks alot. I will go there and do some homework.
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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Thanks alot. I will go there and do some homework.
The other one
Registered Users (C)
The other one,
I have mostly the WOM petitions which are combined with the 1447 complaint, as I preapre 1447... However, the first WOM+1447 is a good one (I think) and the third is done by the same lawyer. The second is a I-485 case.
For the NJ defendants you only need your CIS district director, perhaps USCIS web site has the list of district names? (Also, someone has already tried to give an update on this, I think) All other defendants are standard, also posted by another member.
Good luck!
P.S. As I was proofreading my petition I found one very common mistake no one seemed to notice in filed docs:
Many filed 1447 petitions have something like this:
"This action is brought for a hearing to decide Plaintiff’s naturalization application due to Defendants’ failure to adjudicate the application within 120 days after the examination in violation of the Immigration and Nationality Act (“INA”) § 336(b) and 8 U.S.C. § 1447(b)".
This "in violation" is illogical for the cited statues, because these statues actually say that plaintiff has a right to complain to the court IF his/her application was not adjudicated within 120 days. You reaquest a hearing PURSUANT to these articles. The VIOLATED statues are:
8 C.F.R. §335.3(a) and 8 C.F.R. §335.2. (Which say the answer must be given within 120 days and interview must only be given after all background checks were completed).
So once again, don't just copy the language of filed petitions, proofread! (The one I quoted was actually given to me by a court clerk as a sample front page of the petition!)
Thank you very much. It’s a great help. By the way, what do you guys think, should I file 1447 together with the WOM or only one of them? And if only one, which one gets better results from your experience?
If it makes any difference, my GC is marriage based, as well as my naturalization application. I had my interview on October 26 2005. name check request was submitted on march 2005.
Thank you Shvili and all the other great people here for all your help.
hello friends,
today AUSA left me a voicemail. She sounded extremely nice. She said my citizenship petition was approved and USCIS is ready to adjudicate my case within 2 weeks if I sign the stipulation to dismiss. I called her back and also left a voicemail saying that I will sign as long as the stipulation has a precise timetable and the dismissal is without prejudice. Now the stipulation is in my email-box. I expect to receive the oath notice in the next few weeks.
My letter to the First Lady's office definitely helped. FBI received the inquiry from her office about the same time as I filed my 1447b pro se lawsuit. In hindsight, I have absolutely no regret filing a lawsuit against these government agencies. I stood up for my right like a real man and I won.
Good luck to all. And a big thank you!
Congratulations, Whatsnamecheck,
you won!
Thank you very much. It’s a great help. By the way, what do you guys think, should I file 1447 together with the WOM or only one of them? And if only one, which one gets better results from your experience?
If it makes any difference, my GC is marriage based, as well as my naturalization application. I had my interview on October 26 2005. name check request was submitted on march 2005.
Thank you Shvili and all the other great people here for all your help.
The other one,
Actually, your case is very similar to my husband's case: I'm preparing his complaint and his GC is based on our marriage (I'm a naturalized citizen myself).
About a month ago we held a discussion on this forum whether it is better to file 1447 alone or 1447 together with WOM. After seeing cases remanded to CIS with no timelimit to FBI (Like Riz's case was), I decided to combine 1447 and WOM, because we need the court to compel FBI to complete the name check. I still haven't filed, but am getting almost ready.
I can't tell if it makes much difference and saw many cases where 1447 alone were as effective. It all may depend on a judge you get. If S/he is nice, you get meaningful order anyway, and if not, your WOM would not help either. But I just thought it is more logical, as FBI seems no slip from any time constraints, so we need to add APA and Mandamus for them and CIS is covered by your 1447 complaint.
It's just my gut feeling so I'm going to do it this way, and I think some other members also combined 1447+WOM. Perhaps they may comment on their experience.
BTW, what district are you in?
Good luck!
We filed a WOM together with 1447(b). Not sure if that led it to work, but atleast one benefit was that the AUSA got us the oath without making us sign something to dismiss the case first. So from my experience filing WOM + 1447(b) through a lawyer seems like the best scenario in the current situation.
The other one,
Actually, your case is very similar to my husband's case: I'm preparing his complaint and his GC is based on our marriage (I'm a naturalized citizen myself).
About a month ago we held a discussion on this forum whether it is better to file 1447 alone or 1447 together with WOM. After seeing cases remanded to CIS with no timelimit to FBI (Like Riz's case was), I decided to combine 1447 and WOM, because we need the court to compel FBI to complete the name check. I still haven't filed, but am getting almost ready.
I can't tell if it makes much difference and saw many cases where 1447 alone were as effective. It all may depend on a judge you get. If S/he is nice, you get meaningful order anyway, and if not, your WOM would not help either. But I just thought it is more logical, as FBI seems no slip from any time constraints, so we need to add APA and Mandamus for them and CIS is covered by your 1447 complaint.
It's just my gut feeling so I'm going to do it this way, and I think some other members also combined 1447+WOM. Perhaps they may comment on their experience.
BTW, what district are you in?
Good luck!
Any example of Motion to Amend
I also made a mistake by saying in the relief "Requiring the Defendants to provide the Plaintiffs with Notice of Approvals" & "Requiring the Defendants to properly adjudicate the Plaintiffs' applications for action on an approved petition".
I checked the local rules, under Motions to Amend which says "A party moving to amend a filing must attach a redlined version of the proposed amendment to the motion, clearly designating all additions and deletions. Any amendment - whether filed as a matter of course or upon a motion to amend - must reproduce the entire filing as amended and may not incorporate any prior filing by reference, except by leave of the court."
My understanding is that I need to file the Motions to Amend which indicates where I add and delete for the original complaint, attached with two copies of the complaint - redlined version + amended version (no reference added)
Could you guys tell do I understand correcttly?
Thanks
Bob
I also made a mistake by saying in the relief "Requiring the Defendants to provide the Plaintiffs with Notice of Approvals" & "Requiring the Defendants to properly adjudicate the Plaintiffs' applications for action on an approved petition".
I checked the local rules, under Motions to Amend which says "A party moving to amend a filing must attach a redlined version of the proposed amendment to the motion, clearly designating all additions and deletions. Any amendment - whether filed as a matter of course or upon a motion to amend - must reproduce the entire filing as amended and may not incorporate any prior filing by reference, except by leave of the court."
My understanding is that I need to file the Motions to Amend which indicates where I add and delete for the original complaint, attached with two copies of the complaint - redlined version + amended version (no reference added)
Could you guys tell do I understand correcttly?
Thanks
Bob
Here is my redlined version of prayer (underscored deleted lines). Could you guys give your thoughts on this? Many thanks.
(a)Assuming jurisdiction over this matter;
(b)Compelling Defendants to finish Plaintiffs’ name check within 30 days or within timeframe defined by this Honorable Court.
(c)Compelling Defendants to adjudicate Plaintiffs’ I-485 application within 30 days or within timeframe defined by this Honorable Court.
(d)Requiring the Defendants to properly adjudicate the Plaintiffs’ applications for action on an approved petition;
(e)Requiring the Defendants to provide the Plaintiffs with Notice of Approvals;
(d)Awarding the Plaintiffs reasonable attorney’s fees;
(e)Granting such other relief at law and in equity as justice may require.
(a)Assuming jurisdiction over this matter;
(b)Compelling Defendants to finish Plaintiffs’ name check within 30 days or within timeframe defined by this Honorable Court.
(c)Compelling Defendants to adjudicate Plaintiffs’ I-485 application within 30 days or within timeframe defined by this Honorable Court.
(d)Requiring the Defendants to properly adjudicate the Plaintiffs’ applications for action on an approved petition;
(e)Requiring the Defendants to provide the Plaintiffs with Notice of Approvals;
(d)Awarding the Plaintiffs reasonable attorney’s fees;
(e)Granting such other relief at law and in equity as justice may require.
Last edited by a moderator:
Please help me with this question (Repost)
I posted this a couple days back, but people seemed to have missed it
===============================================
I have a question rergarding a "Stipulation for Extension", I received for my WoM case a few days ago..
I filed WoM through a lawyer on Feb 15th and got a "Stipulation for Extension of Time to Respond to Plaintiff's Complaint"
All,
I checkked Pacer on April 18th and saw that there was an update on my WoM case:
"Stipulation for Extension of Time to Respond to Plaintiff's Complaint and Order by Judge XYZ: Orders granting Emilio Gonzales ...etc....answer due 6/15"..
The frist answer was due by April 22nd. I don't see any AUSA assigned for the defendants. Is this common?
It seems that the judge herself took this step, or may be I am missing something.
Also this is not Motion to Dismiss. Is there any real difference between the two?
I also got an LUD on my and my wife's cases yesterday. I am wonedering what might be going. Anybody know what this "stipulation" means or how it might be different from a Motion to Dismiss?
-Desi
__________________
I posted this a couple days back, but people seemed to have missed it
===============================================
I have a question rergarding a "Stipulation for Extension", I received for my WoM case a few days ago..
I filed WoM through a lawyer on Feb 15th and got a "Stipulation for Extension of Time to Respond to Plaintiff's Complaint"
All,
I checkked Pacer on April 18th and saw that there was an update on my WoM case:
"Stipulation for Extension of Time to Respond to Plaintiff's Complaint and Order by Judge XYZ: Orders granting Emilio Gonzales ...etc....answer due 6/15"..
The frist answer was due by April 22nd. I don't see any AUSA assigned for the defendants. Is this common?
It seems that the judge herself took this step, or may be I am missing something.
Also this is not Motion to Dismiss. Is there any real difference between the two?
I also got an LUD on my and my wife's cases yesterday. I am wonedering what might be going. Anybody know what this "stipulation" means or how it might be different from a Motion to Dismiss?
-Desi
__________________
Here is my redlined version of prayer (underscored deleted lines). Could you guys give your thoughts on this? Many thanks.
(a)Assuming jurisdiction over this matter;
(b)Compelling Defendants to finish Plaintiffs’ name check within 30 days or within timeframe defined by this Honorable Court.
(c)Compelling Defendants to adjudicate Plaintiffs’ I-485 application within 30 days or within timeframe defined by this Honorable Court.
(d)Requiring the Defendants to properly adjudicate the Plaintiffs’ applications for action on an approved petition;
(e)Requiring the Defendants to provide the Plaintiffs with Notice of Approvals;
(d)Awarding the Plaintiffs reasonable attorney’s fees;
(e)Granting such other relief at law and in equity as justice may require.
hi, Bobsunzi:
Are you also in NJ? I could not find any information about amending the complaint. That's why I called the clerk's office. Maybe I shall call the clerk's office again to find out how to amend the complaint. thanks.
41906
In the past about one month my case was first transferred from VSC to TSV, then I was asked to FP for the second time. Today, I got anther letter from USCIS telling me that my case was transferred back to VSC from TSV. I really don't know what they are doing here.
I remebered somebody else in this forum also experienced the same strange situation. Is any of you have any clue of this?
United2007:
My case also experienced that, like yours. I also had my second FP. But I remember someone commented on that, it could be either way, that 2nd FP may do nothing or do good. Hope the transfers is not just what their trick to response to the complaint.
41906
The information here is extremely detailed, but I am little confused.
My dad got his fingerprints done in June 2006 and never got any letter for citizenship interview. It's been almost a year.
Can he file the lawsuit even if he has not been called for interview? Is there anything that says USCIS must call you for interview within so many months after fingerprints are done? Thanks.
My dad got his fingerprints done in June 2006 and never got any letter for citizenship interview. It's been almost a year.
Can he file the lawsuit even if he has not been called for interview? Is there anything that says USCIS must call you for interview within so many months after fingerprints are done? Thanks.
The other one
Registered Users (C)
The other one,
Actually, your case is very similar to my husband's case: I'm preparing his complaint and his GC is based on our marriage (I'm a naturalized citizen myself).
About a month ago we held a discussion on this forum whether it is better to file 1447 alone or 1447 together with WOM. After seeing cases remanded to CIS with no timelimit to FBI (Like Riz's case was), I decided to combine 1447 and WOM, because we need the court to compel FBI to complete the name check. I still haven't filed, but am getting almost ready.
I can't tell if it makes much difference and saw many cases where 1447 alone were as effective. It all may depend on a judge you get. If S/he is nice, you get meaningful order anyway, and if not, your WOM would not help either. But I just thought it is more logical, as FBI seems no slip from any time constraints, so we need to add APA and Mandamus for them and CIS is covered by your 1447 complaint.
It's just my gut feeling so I'm going to do it this way, and I think some other members also combined 1447+WOM. Perhaps they may comment on their experience.
BTW, what district are you in?
Good luck!
Thanks Shvili
If you have any insights along the way please share and I’ll do the same.
I live in Bergen County, and will file at the Newark Federal Court. Where are you filing?
Good luck.
Here is my redlined version of prayer (underscored deleted lines). Could you guys give your thoughts on this? Many thanks.
(a)Assuming jurisdiction over this matter;
(b)Compelling Defendants to finish Plaintiffs’ name check within 30 days or within timeframe defined by this Honorable Court.
(c)Compelling Defendants to adjudicate Plaintiffs’ I-485 application within 30 days or within timeframe defined by this Honorable Court.
(d)Requiring the Defendants to properly adjudicate the Plaintiffs’ applications for action on an approved petition;
(e)Requiring the Defendants to provide the Plaintiffs with Notice of Approvals;
(d)Awarding the Plaintiffs reasonable attorney’s fees;
(e)Granting such other relief at law and in equity as justice may require.
bobsunzi,
Although I haven't filed yet, (so not really experienced), but I have trouble understanding the language in these:
(d)Requiring the Defendants to properly adjudicate the Plaintiffs’ applications for action on an approved petition;
(e)Requiring the Defendants to provide the Plaintiffs with Notice of Approvals;
"to properly adjudicate the Plaintiffs’ applications for action" makes no sense in English. "Adjudicate" IS the Action, so you can't "adjudicate for action", you can "compel to act" or just correct it as:
"Requiring the Defendants to properly adjudicate the Plaintiffs’ applications for AOS" Also, you should avoid asking for "approval" anywhere in your complaint.
So the next paragraph, "e" is also defective in my opinion: you can't require defendants to "approve" your application. Yes, you can state that you believe you have complied with the requirements placed on yourself to become a permanent resident but you absolutely have no right to request an approval. You could change it to: e) Requiring the Defendants to provide the Plaintiffs with Notice of Action; But I think you can skip it completely once you asked the court to do a),b),c), and revised d).
Thanks Shvili
If you have any insights along the way please share and I’ll do the same.
I live in Bergen County, and will file at the Newark Federal Court. Where are you filing?
Good luck.
The other one,
I am in San Jose, CA and we'll file in Northern CA court.
parsfalcon
Registered Users (C)
blue backing
Hi fellows;
Do you know where I can buy the blue paper (card board) for backing as required by the CA courts? Apparently, I need to attach my motion to this blue back paper at the time of submission. I looked for it at office depot and office max but they didn't have it. PLease reply to this or send me an email at aamirich@yahoo.com if you know where to buy it from. Thanks.
parsfalcon
Hi fellows;
Do you know where I can buy the blue paper (card board) for backing as required by the CA courts? Apparently, I need to attach my motion to this blue back paper at the time of submission. I looked for it at office depot and office max but they didn't have it. PLease reply to this or send me an email at aamirich@yahoo.com if you know where to buy it from. Thanks.
parsfalcon
It sounds like it would be useful if you try to read this thread from the very beginning as much as practical. WOM is Writ of Mandamus - used to sue for unreasonable delay in agency’s action.
PACER is Public Access to Court Electronic Records: http://pacer.psc.uscourts.gov/pacerdesc.html, see also messages #9499, #9500, page 634, and some relevant cases attached by shvili: #9998, page 667.
All the best!
snorlax
Hi all,
I filed my WOM case on 3/14. And again on 3/23, I filed the summon returns to the court. But today, on PACER, I still don't see the AUSA assigned to my case. Is this normal. Shall I call the court to find out?
Thanks!
typically I have seen AUSA file notuce of appearance 2 weeks before deadline. I am in similar boat, planning to call AUSA office this week and see if I can talk to the AUSA.
Bushmaster
Registered Users (C)
It Is Finished...
Not to interrupt the discussion here, I created a separate thread... Please come by and say bye, I will be gone for a while... By the time I am back, most of you would be US citizens and probably gone from these forums...
http://www.immigrationportal.com/showthread.php?t=247365
Thank you all for your answers to my questions and supporting me in my struggle, you are all so special... I will pray for you, especially those who are here, because I have been there...
Not to interrupt the discussion here, I created a separate thread... Please come by and say bye, I will be gone for a while... By the time I am back, most of you would be US citizens and probably gone from these forums...
http://www.immigrationportal.com/showthread.php?t=247365
Thank you all for your answers to my questions and supporting me in my struggle, you are all so special... I will pray for you, especially those who are here, because I have been there...
Congratulations!!
Mid night already, another busy day ahead tomorrow, but I'm sleepless, I'm still fighting for my case...
So GLAD to hear good news about your case! What a sweet VICTORY! You have finally got what you've been fighting for. I hope someday, my nightmare will come to an end soon.
Please enjoy your new status and careful out there, pray you come back safe very soon in the near future!
Mid night already, another busy day ahead tomorrow, but I'm sleepless, I'm still fighting for my case...
So GLAD to hear good news about your case! What a sweet VICTORY! You have finally got what you've been fighting for. I hope someday, my nightmare will come to an end soon.
Please enjoy your new status and careful out there, pray you come back safe very soon in the near future!
Bushmaster
Registered Users (C)
You all are better citizens, than you those regulars on the street. You fought for it, you value it, you treasure it, you earned it, you deserved it. You know the hardships, you don't take it for granted. KUDOS to you all on these forums. You all ROCK!