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

[lotechguy]

Lo,

What does it mean, "taken under advisement"? Is it that the judge notifies that s/he would "sit on it" before making a decision? Also, have you checked the judge's previous work (like, past year-what I tried to do)? How far are you on your Opp.? I haven't yet started, waiting to file return of service first.

Also, it seems all of the district's cases assigned to ADR. In my case, although the clerk said it shouldn't apply to us since we're pro se, but our case was also assigned for ECF which does require electronic filing within 10 days after filing in court. Our 10 days expire tomorrow and I have not filed of course (have to verify, if it's 10 days from filing or from return of service filed in court). Did you have similar thing?

Shvilli,
Our district does not have ADR. Just file and wait. AUSA told me defendants get back only within 2 days of reply deadline so its a waste to call him before that. Based on what happens he will either file MTD or let me know whats going on to resolve. I consulted an attorney and I am thinking of going with him hoping something happens. This attorney recently had a case resolved with the same judge as mine so he seems to know the keys to press. Lets see in the next week what happens. Taken under advisement means judge reserves the judgement for a later day.

 

[DUDE12190]

Please post this Memo if someone has it

Hi all,
Somebody posted this article from the Denver Post last month.

http://www.denverpost.com/search/ci_4813326?source=email

This articles says "A Department of Homeland Security memo reveals that the FBI now considers a "lawsuit pending in Federal Court" as grounds for speeding up stalled background checks.

If someone has this Memo, please post it. It will be very helpful for all of us here. Thanks and Good luck to all!!!

 

[KBLI]

I filed a WOM and the Judge issued an "Order Requiring Joint Scheduling Report".

HI Guys,
I filed a WOM against USCIS and the USAG for delayed processing of my i-485 and I-765 on May 2nd and the Judge issued an "Order Requiring Joint Scheduling Report". What does that means? and what do I need to do now. I read a lot about WOM but I never heard anything about I filed a WOM and the Judge issued an "Order Requiring Joint Scheduling Report". i need help.

 

[lazycis]

HI Guys,
I filed a WOM against USCIS and the USAG for delayed processing of my i-485 and I-765 on May 2nd and the Judge issued an "Order Requiring Joint Scheduling Report". What does that means? and what do I need to do now. I read a lot about WOM but I never heard anything about I filed a WOM and the Judge issued an "Order Requiring Joint Scheduling Report". i need help.

Contact your AUSA about it. Since you are Pro Se, AUSA should propose you a schedule. You can come up with your own too.

 

[lazycis]

Hi all,
Somebody posted this article from the Denver Post last month.

http://www.denverpost.com/search/ci_4813326?source=email

This articles says "A Department of Homeland Security memo reveals that the FBI now considers a "lawsuit pending in Federal Court" as grounds for speeding up stalled background checks.

If someone has this Memo, please post it. It will be very helpful for all of us here. Thanks and Good luck to all!!!

Dude,
It was me who posted the link but I think the article was submitted before 12/21/2006, when lawsuit was still considered as a reason for expedited processing. Not anymore...

 

[DUDE12190]

Thank you!

Dude,
It was me who posted the link but I think the article was submitted before 12/21/2006, when lawsuit was still considered as a reason for expedited processing. Not anymore...

lazycis,
Thanks for your reply and posting this article. I think u are right. They are talking about this Memo from 2005. And , then, USCIS had another Memo dated Feb 20, 2007. I believe u have both of these Memo, but I am posting for new memebers who have not seen these Memos before. These Memos have been posted here before. Good luck again!! regards, dude

 

[GC-Pending]

Thanks Mingjing for sending the updated file. I have updated the wiki book to match the same structure and categories as your file. I tried to include all the cases you had in the wikibook as well.

Still the wiki book doesn't have links to some of the court orders. If anybody has those court orders, please post them to this forum and update the wiki book with the link to the file. Again, the wiki book is located at http://en.wikibooks.org/wiki/FBI_name_check and anybody can edit the page.

We need everybody's help to support the wiki book by providing more cases.

Shvili,

I actually have at least one (sometimes more Pacer documents) to EACH of the 25 favorable/useful I485 WOM cases in my list. I did not send them as I thought all of you have access to Pacer. I can send them to you if you need.

I thought more about using wikibook. I think it is a good tool for all of us to share the effort to identify usesful/favorable cases. So we should continue to do that. That being said, there is still a place for my list, where I can summarize the cases into different categories (as I did in my previous posting into A, B, C, D). In our opposition to MTD, a type A case in A where judge orders specific time to adjudicate needs to be treated differently than a type B case where judge denied MTD but no final order on relief yet.

I will keep doing what I am doing. Meanwhile, I NEED ALL OF YOUR HELP TO IDENTIFY MORE CASES, ESP. RECENT ONES. Either post new cases here or sent to wikibook, or both.

Attached is the lattest list. I added case #24 and #25, both belong to tpye B (judge denied MTD, but no final rule on relief yet).

Mingjing

Ipoh,

Lazycis, thank you for posting more cases! As I mentioned before, I cannot read any cases on Pacer because it only allows me to see who is in the case, but no texts of actual docs. So unfortunately, for me the work of Mingjing is not helpful (unless I make a trip to the courthouse or a law library to access their pacer to read listed cases). From home, I can only benefit from the Wikibooks project GC-Pending started. Was anyone able to resolve the problem with pacer I described?

 

[purlban]

Please updagte the status after 2nd finger printing

My wife also got her second finger printing done on April-28th'2007. We have not heard anything since then. Please update with your case after second finger printing.

Type: N400
PD: April-2005
Interview: Aug-2005
Second Fingerprinting: Apr'28-2007
Waiting for the update

OK guys, I just had my 2nd finger print taken because 1st one expired. So you know i am talking about 16 months since my 1st one. I have been thinking about 1447b for a while now...well just thinking.

Now my question is: Does this 2nd set mean anything beside 1st one was expired? I did try senator and congressman but got slandered responses. I haven't called cust service nor did i get an infoPass thinking i will get the same response. Your opinion is appreciated.

 

[Mingjing]

Can somebody find this I485 WOM case document?

I can't find this case on Pacer. Can somebody help find it?

Loo v. Ridge, 2007 U.S. Dist. 17822, at *9 (E.D.N.Y. March 14, 2007) (noting that adjudicating an adjustment of status application is not at the discretion of defendants because defendants are required to do so);

AS ALWAYS, PLEASE POST ANY RECENT FAVORABLE I485 WOM CASES YOU HEARD ABOUT, EVEN IF IT JUST HAS A GOOD OPPOSITION TO MTD WITHOUT JUDGE RULING YET.

 

[Mingjing]

I have had 3 finger print done so far. Last one was done Sept. 06. Nothing happened so far. Don't count on it.

OK guys, I just had my 2nd finger print taken because 1st one expired. So you know i am talking about 16 months since my 1st one. I have been thinking about 1447b for a while now...well just thinking.

Now my question is: Does this 2nd set mean anything beside 1st one was expired? I did try senator and congressman but got slandered responses. I haven't called cust service nor did i get an infoPass thinking i will get the same response. Your opinion is appreciated.

 

[Mingjing]

Well, how exactly did you do to search cases by judge? I don't know how but would really like to. Thanks.

A little summary of what I discovered using Pacer for Northern CA:

I went a year back and mostly checked cases assigned to the same judge we have. So here is the pattern: about 4 months ago AUSA ...

 

[Mingjing]

Well, I have at least one document for each of the 20+ I485 WOM cases in my list. I can send them to your mailbox and then you can post to the wiki book. I'd like not to do it myself as I am out of time in next few days.

Let me know.

Thanks Mingjing for sending the updated file. I have updated the wiki book to match the same structure and categories as your file. I tried to include all the cases you had in the wikibook as well.

Still the wiki book doesn't have links to some of the court orders. If anybody has those court orders, please post them to this forum and update the wiki book with the link to the file. Again, the wiki book is located at http://en.wikibooks.org/wiki/FBI_name_check and anybody can edit the page.

We need everybody's help to support the wiki book by providing more cases.

Shvili,

I actually have at least one (sometimes more Pacer documents) to EACH of the 25 favorable/useful I485 WOM cases in my list. I did not send them as I thought all of you have access to Pacer. I can send them to you if you need.

I thought more about using wikibook. I think it is a good tool for all of us to share the effort to identify usesful/favorable cases. So we should continue to do that. That being said, there is still a place for my list, where I can summarize the cases into different categories (as I did in my previous posting into A, B, C, D). In our opposition to MTD, a type A case in A where judge orders specific time to adjudicate needs to be treated differently than a type B case where judge denied MTD but no final order on relief yet.

I will keep doing what I am doing. Meanwhile, I NEED ALL OF YOUR HELP TO IDENTIFY MORE CASES, ESP. RECENT ONES. Either post new cases here or sent to wikibook, or both.

Attached is the lattest list. I added case #24 and #25, both belong to tpye B (judge denied MTD, but no final rule on relief yet).

Mingjing

 

[parsfalcon]

Hi Mingjing;

The judge in the central district of CA rules in favor of the plaintiff and dimissed AUSA MTD. You can look it up under "Hooman Darabi". Please let us know if you come across more cases files in CA which were ruled in favor of Plaintiffs.

Well, I have at least one document for each of the 20+ I485 WOM cases in my list. I can send them to your mailbox and then you can post to the wiki book. I'd like not to do it myself as I am out of time in next few days.

Let me know.

Thanks Mingjing for sending the updated file. I have updated the wiki book to match the same structure and categories as your file. I tried to include all the cases you had in the wikibook as well.

Still the wiki book doesn't have links to some of the court orders. If anybody has those court orders, please post them to this forum and update the wiki book with the link to the file. Again, the wiki book is located at http://en.wikibooks.org/wiki/FBI_name_check and anybody can edit the page.

We need everybody's help to support the wiki book by providing more cases.

 

[KBLI]

Contact your AUSA about it. Since you are Pro Se, AUSA should propose you a schedule. You can come up with your own too.

Thank you Lazycis for your help! But what are the step involve in writing a Joint Scheduling report? Can I writ one wuithout the meeting with AUSA?
KBLI

 

[lazycis]

Thank you Lazycis for your help! But what are the step involve in writing a Joint Scheduling report? Can I writ one wuithout the meeting with AUSA?
KBLI

You are welcome, KBLI. Since it's a joint report, you and AUSA have to agree on it. So do not be shy, it's a good opportunity to be acquainted with your AUSA. Otherwise AUSA will send papers to you right before a deadline and you won't have much time to do anything but agree with their schedule.

 

[WhyThisDelay]

Mingjing.

You are a great resource to this board - same as in league with Publicus markus who started this thread. The idea of wikibook is great and the links work great.

Regarding uploading documents for individual cases - which you think can be had from pacer, I'd say to upload them too and have a link from wikibook. Better to keep all collateral in one place.

I persoanlly have been on and off the wom. Currently I amd collecting exhibits that I really did all that I could to resolve this amicably. Sent a foipa request a month ago, but fbi is yet to respond (is it surprising?). Going to send a letter to first lady this weekend. I've been through 2 fingerprintings and 3 sets of AP/EADs already and am sick as hell of this entire shi*.

Going through 700+ pages of this thread would have been probably too much. Now I think with the wikibook, I'll have all I need in one page.

Good work mingjing, lazycis, desiusa and all others. Thanks for doing it .

Well, how exactly did you do to search cases by judge? I don't know how but would really like to. Thanks.

A little summary of what I discovered using Pacer for Northern CA:

I went a year back and mostly checked cases assigned to the same judge we have. So here is the pattern: about 4 months ago AUSA ...

 

[united2007]

I am not sure if lawsuit is still working or not

Hello Friends:

I got my I485 approval notice in mail from USCIS yesterday. The online status report told me that they mailed out my card on 05/08, but I haven't got my card yet.

Here is my WOM status:
(1) I filled WOM for I485 in Dec, 2006.
(2) AUSA asked for a 2-week automatic extension after 60 days.
(3) AUSA filed his MTD at the end of the extension, i.e. in the middle of March.
(4) I filed my OPP in early April.
(5) AUSA filed his reply one week later.
(6) I filed a letter to the judge to add three new I485 WOM winning cases one week later, i.e. in the late April.
Now the WOM is in front of the judge for nearly a month, and the judge hasn't made any decision on it.

At the same time, here is my I485 case status:
(1) my case was first moved my service center to Texas in Feb or early March.
(2) then I was asked to provide my second FP with a code of 3 (FP, photo, and signature) in April.
(3) then I was notified by USCIS that my cases was moved back from Texas to my service center in late April.
(4) then I got the approval letter yesterday.

I really don't know if my case was approved because of my lawsuit or not, because
(1) AUSA clearly told me that he didn't ask USCIS to work on my case in any way. (He told me they was only told to fight each case, and they have no right to request USCIS or FBI to do anything).
(2) I know at least one I485 case of a person in this forum experienced similar process as mine, (i.e. move-FP-move back), even before he/she filed his WOM.
(3) What really surprised me is that the AUSA even didn't contact to moot my case after I have already gotten my approval letter in mail. It seems that the AUSAs are really in a dark during this whole thing.

All of these seem to suggest that my case was approved independent of my WOM.

Anyway, I am not saying that I am 100% sure that WOM for I485 does not work anymore. I just share my case with you for your information.

Best regards

 

[aryin]

I found 485 WOM case in wenxuecity

Dear MingJing,

I found WOM case in wenxuecity. Please add to you list (I did know how to find in pacer). I already contact d_outdoor. If I receive some information, I will forward to you. Thank you for your hard work.


:

My family (3 I-485) all status changed today:

*******************************************
Current Status: Approval notice sent.

On May 9, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
*******************************************

LC/PD (EB2 world wide): 10/2002
I-140/485: RD: 9/2003
I-140 AD: 5/2004
1st FP: 10/2003
NC Stuck > 3 years
WOM Filed: End of Jan 2007
NC cleared: March 2007
2nd FP: 5/2007
GC Approval: Today (notice sent)
WOW: 95 days

 

[aryin]

ask WOM case

Dear Sir,

Did You file the WOM by yourself or through lawyer

Hello Friends:

I got my I485 approval notice in mail from USCIS yesterday. The online status report told me that they mailed out my card on 05/08, but I haven't got my card yet.

Here is my WOM status:
(1) I filled WOM for I485 in Dec, 2006.
(2) AUSA asked for a 2-week automatic extension after 60 days.
(3) AUSA filed his MTD at the end of the extension, i.e. in the middle of March.
(4) I filed my OPP in early April.
(5) AUSA filed his reply one week later.
(6) I filed a letter to the judge to add three new I485 WOM winning cases one week later, i.e. in the late April.
Now the WOM is in front of the judge for nearly a month, and the judge hasn't made any decision on it.

At the same time, here is my I485 case status:
(1) my case was first moved my service center to Texas in Feb or early March.
(2) then I was asked to provide my second FP with a code of 3 (FP, photo, and signature) in April.
(3) then I was notified by USCIS that my cases was moved back from Texas to my service center in late April.
(4) then I got the approval letter yesterday.

I really don't know if my case was approved because of my lawsuit or not, because
(1) AUSA clearly told me that he didn't ask USCIS to work on my case in any way. (He told me they was only told to fight each case, and they have no right to request USCIS or FBI to do anything).
(2) I know at least one I485 case of a person in this forum experienced similar process as mine, (i.e. move-FP-move back), even before he/she filed his WOM.
(3) What really surprised me is that the AUSA even didn't contact to moot my case after I have already gotten my approval letter in mail. It seems that the AUSAs are really in a dark during this whole thing.

All of these seem to suggest that my case was approved independent of my WOM.

Anyway, I am not saying that I am 100% sure that WOM for I485 does not work anymore. I just share my case with you for your information.

Best regards

 

[Hopeful786]

Wom

Hello Everyone: Can some one advise if WOM is still an option? Is there a reliable lawyer for it in Dallas area? Stuck in name check since May, 2006 when passed naturalization interview. Thanks for any suggestions.