Yes, u can. But, don't just say that, but include all the evidence that you have . For exampple, u should include which jobs you wanted to get that met or exceeds your qulaifications. Do some research. Print out those job offers and attched it to your complaint or MTD. Good luck
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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Yes, u can. But, don't just say that, but include all the evidence that you have . For exampple, u should include which jobs you wanted to get that met or exceeds your qulaifications. Do some research. Print out those job offers and attched it to your complaint or MTD. Good luck
filed WOM on i-485 today
hey guys,
I just came back from Newark, NJ's court where I filed my I-485's WOM...
some weird thing to note...
they took 4 copies of the mandamus, 4 of summonses, and 4 cover sheets...
they said they will mail me the stamped summonses to my home address and then i will need to serve the defendants by certified mail along with with mandamus.
the weird thing is that the cachier told me that I will not need to bring back to the court the proof of service (summons) with the returned green certified mail card, and instead i should keep them with me... he said, the court does not care about that and that I should keep them with me in case I was asked about them... he said that once I receive the stamped summonses, i need to make copies and serve defendants and that's it...
does that make sense? what do you guys think?
Thanks again !
hey guys,
I just came back from Newark, NJ's court where I filed my I-485's WOM...
some weird thing to note...
they took 4 copies of the mandamus, 4 of summonses, and 4 cover sheets...
they said they will mail me the stamped summonses to my home address and then i will need to serve the defendants by certified mail along with with mandamus.
the weird thing is that the cachier told me that I will not need to bring back to the court the proof of service (summons) with the returned green certified mail card, and instead i should keep them with me... he said, the court does not care about that and that I should keep them with me in case I was asked about them... he said that once I receive the stamped summonses, i need to make copies and serve defendants and that's it...
does that make sense? what do you guys think?
Thanks again !
That is correct Adjucation means approval or denial. Even if you get denied AOS your case is moot.
Now if your AOS is pending without any other legal status like F1 visa or H1b then if your AOS is denied you are not allowed to stay in country for more then 20 days or what every time USCIS allows you to stay after denial. If you do not leave country in that time or file appeal to AOS then you can be put into removal proceedings.
If you think that denial was wrong then you can appeal in front of Immigration Judge. I do not know that proper procedure but I know you can appeal and if you qualify for waiver then they give you option for waiver like I-601. Some times AOS can be denied due to major illness like HIV positive or some thing like that but you can apply for waiver in those scenarios.
THAT IS SCARY !!!!!!!!!!!!!!!!!
but one comment, the USCIS denied him his application, and THEN he lost his WOM because of that....
I wonder why the USCIS did not grant him the green card.... that DOES NOT USUALLY HAPPEN.... they usually keep on requesting information, and send after you for a second and 3rd interviews before denying you a green card... because as far as i know (and hope it is true) that unless they have a strong thing against you, they usually do not deny you the green card...
Hiram,
I found court clerks are not consistent in what they say. My suggestion is to call the court clerk and ask them specifically how to file a proof of service since that is the only thing remaining for you to do.
Before filing my complaint, I got advice from Paz and I am really thankful to him. He emailed me this article and I think I he will not have any problem if I post this article since it does not cantain any personal info and as it can benefit many other people who are still thinking about filing or planning to file. Paz, Thanks Again!!
Although this article talk about the dismissals, if u read it two/three times, you will realize that mistakes that most Pro Se applicants are making by not attaching all the neccessary evidence. I think it is a very good article. It is possible that either PAz or someone else posted it before. Please read it. good luck!! regards, dude
I looked at this case on pacer. Here is something strange: In the AOS interview letter he was asked to bring a bunch of documents to the interview. The IO took only some from that list and did not ask for others. Also at the end of the interview the IO issues him an RFE asking for "all copies of all checks made for charitable contributions by him between 1999 and 2005"
It looks like they considered the documents submitted by him insufficient and closed the case as being abandoned. It was re-opend, dont know what happened.Thank you so much for your response! Good luck to you too and to all of us!!
It is very important to add following documents as exhibit as part of complaint to present to Judge that you have evidence to support your claim.
Current processing times of you local USCIS office.
FOIPA results from FBI showing no-record.
Finger printing results from FBI showing no criminal history.
These things will add more weight to your claims. just citing case law like 1331 APA and all that will not buy you Judges sympathy.
dude and paz
very nice article thanks..
but what are the proofs that somone filing 485 can provide?
1- actual 485 receipt
2- info pass apointments
3- letters sent from the USCIS saying the case is still pending and taking longer than usual due to background checks
i also called the FBI but don't have a proof of that... it was a phone call.. but i did include it in the WOM...
any thing else someone should include?
very nice article thanks..
but what are the proofs that somone filing 485 can provide?
1- actual 485 receipt
2- info pass apointments
3- letters sent from the USCIS saying the case is still pending and taking longer than usual due to background checks
i also called the FBI but don't have a proof of that... it was a phone call.. but i did include it in the WOM...
any thing else someone should include?
The correct link is:
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC.
Also, about the Affidavit for supporting your I-485 WOM, I think if it was possible you should also get an affidavit from your employer discussing your importance to the company and how the company has been adversely affected by the delay in processing your application. It would be good evidence to submit with the Opposition to Motion to Dimiss. That was what I did for my case, and I felt that made the Opposition stronger.
As wenlock just ponited
1) FOIPA letter from FBI
2) Processing timeline of your application from your district
3) Also, if u have something that is urgent such as u can not apply for certain jobs, include all the evidences that u have and explain why is it causing u hardship.
Good luck, regards, dude
A AOS WOM Leading to Case Denial
Take a look at attached case. Can somebody find the Pacer case number for this case, or download the related Pacer document? I can't find it from Pacer, but would like to research this case.
If you already know about this case, please share your evaluation. Is this a classic case where filing AOS WOM actually trigger USCIS to deny an otherwise sound AOS application? Or is there individual specific informaiton that would lead to an eventual denial regardless if WOM was filed or not?
Take a look at attached case. Can somebody find the Pacer case number for this case, or download the related Pacer document? I can't find it from Pacer, but would like to research this case.
If you already know about this case, please share your evaluation. Is this a classic case where filing AOS WOM actually trigger USCIS to deny an otherwise sound AOS application? Or is there individual specific informaiton that would lead to an eventual denial regardless if WOM was filed or not?
Case is Hassan Vs Chertoff number as mentioned in your document. If you look at the docket and go to opposition to motion to dismiss, and there exhibit A, you will get the all details of the AOS case
OK According to law when Attorney General deny AOS application he needs to disclose the reasons why application is not approvable. Clearly just because Plaintiff file Mandamus is not a reason for denial. It should be more logical and by law applicable. So we really do not know in this particular case what reason USCIS attached for denial untill we see the denial letter.
another scary news
i just heard of another case in Washington, where the couples have filed a WOM after 4 years of waiting... after they sued, they got a second interview which lasted 8 hours and in result got a 14 page denial to adjust status based on "very silly reasons" ....
could it be that this is becoming a trend?
i just heard of another case in Washington, where the couples have filed a WOM after 4 years of waiting... after they sued, they got a second interview which lasted 8 hours and in result got a 14 page denial to adjust status based on "very silly reasons" ....
could it be that this is becoming a trend?