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

Thank you paz1960 for this helpful information. Do you know where I can find a sample of this "Joint" document? I will try to write her an e-mail regarding this issue, but just in case, i want to have something ready before June. Thanks again.

paz1960 said:
Because in these type of cases generally there are no disputed facts, the whole lawsuit is a mere interpretation of the statues and federal regulations, there is no way that the parties can reach a resolution outside the court (of course, except the fortunate case when your name check is completed in the meantime and the case adjudicated by USCIS). For this reason the Joint Alternate Dispute Resolution Report should be very brief and simple and should state the above mentioned fact only. But because the name states: "joint" this means that both parties (you and AUSA) will need to sign it. Usually when Plaintiff is Pro Se, AUSA will write the required document because s/he is a law professional and s/he knows this better. In your particular case, when AUSA seems uncooperative, it may be possible that you will need to write this and send her to sign it and file it by yourself. You can ask directly her if she is going to write this report or you should do it. Because this is practically irrelevant in your case, I would not worry too much about the whole thing. Just make sure that even if she refuses completely to cooperate, you file in time a document stating the above mentioned facts and you should mention in that case that Defendants' counsel refused to cooperate with you, this is the reason that you submitted alone this document. If she continues to refuse to cooperate, you should send the draft of this joint report to her with certified mail and when you file your part of the report, you should attach as a proof the return receipt, showing that you tried to get her agreement but she refused to cooperate. I don't think that this ultimately will happen, because she is aware of the rules, which requires to cooperation between the parties, and if the judge sees that she refused even the most elementary cooperation, it will make her to look really bad.
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Thank you guys for the congrats,

I will post on May 25th my timeline and details on my communications with my AUSA. I owe all the help I can give to this forum.

latest updated my AUSA asked me if I want to withdraw my case, I said I will do so after the oath (May 25th) and before the deadline (May 29th). She said there is no problem with this.

I was planning to go on vacation to Europe on June 8 and I was already preparing to get a visa but now I'm planning to apply for a same day passport at the NYC passport agency. anyone has experience with the NYC office?

I also have a question for those who were stuck in Name check. I traveled abroad 5 times since August 05 (date of my Interview): 4 to Europe and once to Lebanon. each trip was about 10-15 days. Also I got a speeding ticket in 05.
I know they ask at the time of the oath if I have traveled since Interview and if I got a traffic violation. Do you think they will give me headaches on this? anyone with similar experience?
I don't think I can take more BS from Immigration in case they want to make a deal about it.

Thanks guys again and good luck to all.
 
Recent lawsuit filings

Has anyone filed a lawsuit against USCS/DHS/etc with regards to prolonged name-check/etc. AFTER USCS changed the process and stopped interviewing people before name check clears? What is the merit of such filing? Does the change in USCS process mean that anyone who applied recently and has his/her name check pending forever cannot do anything and is completely left to the whim of USCS/FBI/etc? Can anybody shed some light here? Thx
 
distagon said:
Has anyone filed a lawsuit against USCS/DHS/etc with regards to prolonged name-check/etc. AFTER USCS changed the process and stopped interviewing people before name check clears? What is the merit of such filing? Does the change in USCS process mean that anyone who applied recently and has his/her name check pending forever cannot do anything and is completely left to the whim of USCS/FBI/etc? Can anybody shed some light here? Thx
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Most active members of this forum have filed a lawsuit including myself. You can file a lawsuit and filing a lawsuit is the only wise thing you will do if u r stuck in the name check for more than a year. There has been a discussion here that in the case there is no interview, what is the time that is considered unreasonable. I think it really depends on the case, I mean whether u need a citizenship or green card immiditaely or not and also on the judge that is assigned to your case. I would say that u put couple of congressman, senators inquriies, write to CIS directors, make several info pass apointments, and do all the mailing through certified mail and keep the recipts and all the letters. And yes, also, write to the first lady's office. Many people here and on other forun are telling us that they wrote to the first lady's office and their name check got cleared within 2 to 3 months. So, do all this, and then, if nothing happens and it has been more than a year since your first finger priting, go ahead and filed a WOM. But please, please, do not just file the case. Join the Pacers and make sure u submite everything that u have done showing the judge taht u have exahusted all your remedies. I posted a detailed message last week about how to join Pacers and file a complaint. Please read it. It' very helpful. Good luck!!
 
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yvesliu said:
Thank you paz1960 for this helpful information. Do you know where I can find a sample of this "Joint" document? I will try to write her an e-mail regarding this issue, but just in case, i want to have something ready before June. Thanks again.
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yvesliu,

I have a joint case man-t conference that a member posted, and another word sample "joint Status Report". I have not started to work on these myself yet, so I can't offer any ideas. I'm attaching the blank report here. If you need another one, I should ask Kefira if she won't object to her repost being viewed.
 
shvili said:
yvesliu,

I have a joint case man-t conference that a member posted, and another word sample "joint Status Report". I have not started to work on these myself yet, so I can't offer any ideas. I'm attaching the blank report here. If you need another one, I should ask Kefira if she won't object to her repost being viewed.
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Thanks Shvili. Hopefully kefira could share the report with us.
 
shvili said:
yvesliu,

I have a joint case man-t conference that a member posted, and another word sample "joint Status Report". I have not started to work on these myself yet, so I can't offer any ideas. I'm attaching the blank report here. If you need another one, I should ask Kefira if she won't object to her repost being viewed.
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Sorry, Yvesliu,

Although I attached the doc to the quoted letter, the portal was slow and apparently did not post it. Hopefully it will go this time:
 
My case was dissmissed by the court

wom said:
United2007:

I think it is important, if nothing else just for future AOS and naturalization cases, that you file with your court a stipulation for voluntary dismissal or a letter or such, stating that you've recieved your GC and the case is moot. Outsmart the AUSA!
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When I am still emailing my AUSA to ask him to prepare the motion to dismiss for moot, I received the court order in mail, which dismissed my case (i.e. approved AUSA's MTD). I think the judge did not even read my OPP. He simply cited a previous order, and claimed that my 44-month delay is not unreasonable in this post-11 age.

Since I got my GC one day before the order, my case is moot, and I can't appeal this court order. (I am Pro Se, and the cost is not worthing appealing).

Anyway, I think NJ court has continuously dismissed 4 WOM I485 cases in the past 2-3 months. It has become the unique dead zone for WOM I485 cases. The only chance to stop this trend is for someone with a strong case to appeal in the 3rd Cir. Court.

Now, when I look back, I still think it is worthwhile to has this experience
(1) I am not sure when I will get my GC if I didn't start this lawsuit,
(2) I learned so much from this experience, and now I have a new perspective on many issues around me.

Finally, I have tried my best at each step of the lawsuit, and even now I still think I did a reasonable good job in preparing my OPP. However, I do feel very sorry that I didn't "win" the case for all of you, my friends, who are still fighting for your long over-due rights.
 
Hi Shvili,

Thank you very much for the attachment. Will let you guys know how it goes.

shvili said:
Sorry, Yvesliu,

Although I attached the doc to the quoted letter, the portal was slow and apparently did not post it. Hopefully it will go this time:
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United2007:

Please see if your case is closed for filing.. If not, I would still file my last word..

Good luck!

united2007 said:
When I am still emailing my AUSA to ask him to prepare the motion to dismiss for moot, I received the court order in mail, which dismissed my case (i.e. approved AUSA's MTD). I think the judge did not even read my OPP. He simply cited a previous order, and claimed that my 44-month delay is not unreasonable in this post-11 age.

Since I got my GC one day before the order, my case is moot, and I can't appeal this court order. (I am Pro Se, and the cost is not worthing appealing).

Anyway, I think NJ court has continuously dismissed 4 WOM I485 cases in the past 2-3 months. It has become the unique dead zone for WOM I485 cases. The only chance to stop this trend is for someone with a strong case to appeal in the 3rd Cir. Court.

Now, when I look back, I still think it is worthwhile to has this experience
(1) I am not sure when I will get my GC if I didn't start this lawsuit,
(2) I learned so much from this experience, and now I have a new perspective on many issues around me.

Finally, I have tried my best at each step of the lawsuit, and even now I still think I did a reasonable good job in preparing my OPP. However, I do feel very sorry that I didn't "win" the case for all of you, my friends, who are still fighting for your long over-due rights.
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united2007 said:
When I am still emailing my AUSA to ask him to prepare the motion to dismiss for moot, I received the court order in mail, which dismissed my case (i.e. approved AUSA's MTD). I think the judge did not even read my OPP. He simply cited a previous order, and claimed that my 44-month delay is not unreasonable in this post-11 age.

Since I got my GC one day before the order, my case is moot, and I can't appeal this court order. (I am Pro Se, and the cost is not worthing appealing).

Anyway, I think NJ court has continuously dismissed 4 WOM I485 cases in the past 2-3 months. It has become the unique dead zone for WOM I485 cases. The only chance to stop this trend is for someone with a strong case to appeal in the 3rd Cir. Court.

Now, when I look back, I still think it is worthwhile to has this experience
(1) I am not sure when I will get my GC if I didn't start this lawsuit,
(2) I learned so much from this experience, and now I have a new perspective on many issues around me.

Finally, I have tried my best at each step of the lawsuit, and even now I still think I did a reasonable good job in preparing my OPP. However, I do feel very sorry that I didn't "win" the case for all of you, my friends, who are still fighting for your long over-due rights.
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United2007,

It is most likely not your fault at all that your case got dismissed. Reading the experiences of others it looks like a district trend and a judge's position are essential factors in deciding your outcome. Actuallly, seeinig what's happening in our district-Northern CA and your district, it's probably even more relevant (-the district policy) than a judge's stand on this. So no matter what you wrote, s/he would dismiss it anyway. So don't beat yourself up.

But I agree with you now that your WOM is probably the only reason your got your green card. So you won anyway!:)
 
Who can help post case documents I have to this forum and wiki book?

As I said before, in addition to the list of 25 favorable I485 WOM cases I posted, I also have at least one relevant case document for each of the 25 cases. However, I am busy preparing my opposition to MTD in next few days and busy at work. And somehow I am unable to load the .zip file onto this forum.

If somebody can help post these doucments on this forum and build link from wiki book, give me your email address and I will send you all the documents via email. All these documents are numbered to match the numbers listed in my list.

I have also read through bunch of naturalization cases posted earlier on this forum. They are not organized as well as the I485 WOM cases, but I did seperate favorable and unfavorable cases. I can email them too.
 
yvesliu said:
My AUSA isn't a nice person, everytime i check with her about the status, she keep telling me that no update and she will file MTD on my case, then no follow up. A couple of weeks later, I contact her again, she said "You just contacted me a couple of weeks ago, no update". I don't know what I can do to let her be NICE. ;-(

Here is the schedule on the pacer for my case "Joint Alternate Dispute Resolution Report is due by 6/6/2007. Discovery is to be completed by 7/20/2007. Dispositive Motions are due by 7/20/2007. Exchange of Expert Witness Statements must be completed by 10/31/2007. Pretrial Order is due by 10/31/2007". My question is do I need to do something about the Joint Alternate Dispute Resolution Report? I asked her about it, she never answered.
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This is what I do at this point. I am not sure if your AUSA filed answer to complaint or not. If she did you have deadline for discovery file disposition request to your local FBI office and local USCIS office to disclose all the record in reference to your name check process. Send disposition letter with deadline like 15 days serve it via court server service (not via USPS) it might cost you little more but trustme it makes big difference. This will pull some strings at FBI office and it will get your name check moving pretty quick.
 
wenlock said:
This is what I do at this point. I am not sure if your AUSA filed answer to complaint or not. If she did you have deadline for discovery file disposition request to your local FBI office and local USCIS office to disclose all the record in reference to your name check process. Send disposition letter with deadline like 15 days serve it via court server service (not via USPS) it might cost you little more but trustme it makes big difference. This will pull some strings at FBI office and it will get your name check moving pretty quick.
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Hi Wenlock, yes, AUSA filed answer back in Jan 23rd. 2007. But per AUSA's request, the Judge changed the schedule to "Joint Alternate Dispute Resolution Report is due by 6/6/2007. Discovery is to be completed by 7/20/2007. Dispositive Motions are due by 7/20/2007". Does that mean I can still file the "Discovery file disposition request"? If it is true, I would love to do this. Do you know if there is a sample I can use? I will be on a business trip starting Friday, so, if it is possible, I would like to do this ASAP. One more question, you said cost me little more, how much are we talking? I did a quick search on the web, I haven't seen anything useful regarding this matter.

Thanks.
 
Ask question????

Hi united2007,

I checked your previous post and found that you already got the 485-approved. In this post, you said judge dismissed your case and approved the AUSA's MTD. Coulkd you explain that?


Now, when I look back, I still think it is worthwhile to has this experience
(1) I am not sure when I will get my GC if I didn't start this lawsuit,
(2) I learned so much from this experience, and now I have a new perspective on many issues around me.
 
united

IF 4 YEARS WAIT IS REASONABLE THEN WTF IS ACTUALLY NOT REASONABLEEE?!?!?!?!?!?!?!?!?!?!?!

THIS IS SOOO UPSETTING !!!!!!

Untied ... congrats anyways my friend...
by the way, who was your judge?!
 
write email to AUSA

I filed my WOM through a attorney. I think my attorney didn't communicate well with AUSA. Besides, he is taking care his other cases.

Now I want to write a private email to AUSA. Is it OK to write AUSA directly without telling my lawyer? will it do anything bad to my case? Thanks for your reply.
 
yvesliu said:
Hi Wenlock, yes, AUSA filed answer back in Jan 23rd. 2007. But per AUSA's request, the Judge changed the schedule to "Joint Alternate Dispute Resolution Report is due by 6/6/2007. Discovery is to be completed by 7/20/2007. Dispositive Motions are due by 7/20/2007". Does that mean I can still file the "Discovery file disposition request"? If it is true, I would love to do this. Do you know if there is a sample I can use? I will be on a business trip starting Friday, so, if it is possible, I would like to do this ASAP. One more question, you said cost me little more, how much are we talking? I did a quick search on the web, I haven't seen anything useful regarding this matter.

Thanks.
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I am surprised that you received answer to your complaint in Jan and you have not yet started discovery. As soon as defandants file answer you automatically enter in to discovery phase. You are entitled to get all your record possessed by USCIS and FBI. I know that USCIS and FBI are always reluctant to produce these records but this does not mean that you can not get court order "NOTICE OF DEPOSITION AND SUBPOENA DUCES TECUM". You go ahead and get subpoena issued to local FBI office and USCIS office. set definate date usually it is 20 days after serving other party also serve copy to AUSA. This will put direct pressure on FBI local official who probabaly have any record about you in file or atleast it will get them moving to figure out who has record and just serving this order will get them moving.

Worst scenario is they will resist and pressure AUSA to file MTD but even in this case if you already served them with subpoena and due date is before your response to file response to MTD it will put them in situation where they have to respond to subpoena or call for hearing.

Now when you put pressure like this they as well just resolve your name check instead of spending time to resolve subpoena issues.

Now when you serve local FBI office use some professional server service who serve summons on court order behalf. Usually if FBI office is local they will charge some thing like 50 - 100$ for serving but they make sure that appropriate responsible person accept the summon in other words some officer or agent will receive the subpoena not mail receiving person at FBI office. It will get you prompt attention.

I do not have any sample in hand but you can find some in pacer if you look at other cases other then 1447(b) or WOM.
 
GC4wait05 said:
I filed my WOM through a attorney. I think my attorney didn't communicate well with AUSA. Besides, he is taking care his other cases.

Now I want to write a private email to AUSA. Is it OK to write AUSA directly without telling my lawyer? will it do anything bad to my case? Thanks for your reply.
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Ethicaly and Morally wrong. If you did not trust your attorney services why you hired him? It would be very unprofessional and wrong to by pass your attorney and try to talk to AUSA directly. AUSA might not like it either. Get every thing communicated through him. Otherwise go Prose
 
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