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

wenlock said:
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.
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Hi Wenlock, thank you for the explaination. After I received the answer, we had a tele-conf with the judge and AUSA asked for 4 months extension and the judge granted it. That is why the end of discovery is at the end of July. I didn't realize I need to do more. :-( Thanks for the explaination and I will do a search on ""NOTICE OF DEPOSITION AND SUBPOENA DUCES TECUM" in pacer to see if I can find anything.

So, my understanding is I will put together a request and submit in person in Court and pay for the fee and they will submit the order to FBI and USCIS. Is that correct?

Thanks a lot!
 
Hi, Friends,

I just got the MOD today. The "ADR conference call" is supposed to be 5/21, one week away. However, I did not get anything about this from court or AUSA. Should I contact AUSA or court to arrange this?
Thank you very much for your kind info
 
NJ district is a dead zone

Hiram said:
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?!
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My AUSA is James Clark. He is a OK guy. There is nothing to do with him.
 
I got my GC, and at the same time I got the court order to dismiss my case

aryin said:
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.
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see "Title".

Yes, my situation is so dramatic, and I don't think anyone else experience the same thing until now.

USCIS gave me my GC,and meanwhile, the NJ district court dismissed my case. I even needn't file a motion to dismiss my case. :-( or :)

best regards
 
united - which NJ court did you file ur wom?
united2007 said:
see "Title".

Yes, my situation is so dramatic, and I don't think anyone else experience the same thing until now.

USCIS gave me my GC,and meanwhile, the NJ district court dismissed my case. I even needn't file a motion to dismiss my case. :-( or :)

best regards
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s d ny

United.

in your post on april 18th, you mentioned that Southern dist. of ny also had recently unfavorable judgements for wom cases. can you point me to the links of these judgements.

I'm based in nyc and was thinking of filing pro se in souther dist. manhattan. But will rethink now.
 
yvesliu said:
Hi Wenlock, thank you for the explaination. After I received the answer, we had a tele-conf with the judge and AUSA asked for 4

Thanks a lot!
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I would call court or some local lawyer and ask them if they know any local server who serve summons. Then call them and file subpoena with court and ask server to pick it up from court (If filed electronicaly) or hand it over to them and tell them to deliever it. If your name check is not complete you might want to hold subpoena to USCIS at this time because you know the reason why they are delaying. But definatly serve FBI. You have nothing to loose and you are 100% entitled to do so.

You definatly have advantage over people who got MTD then answer so use it well and as soon as possible.
 
#1: Upload Favorable I485 WOM Case Files

I found some time tonight to upload the list of favorable/useful I485 WOM cases and documents I have for each of the cases on the list. The numbers in the list match the numbers in the case documents. Somebody please build a link from wikibook.
 
Meet and Confer. Help! Please

Dear Sir,

May 21 is last day for "Meet and Confer" for my case. So I requested AUSA to meet to discuss:

1> discuss whether there is a way to resolve the case quickly?
2> how and when the check can be done? what else information is needed so to speed up the checking?
3> develop a proposed discovery plan and write a Joint Scheduling report?

I got a reply from AUSA -- only one sentence:

I will fax you standard forms we use for these adjustment cases by the
end of this week.

So horrible. I wrote back and requested her to fax the forms, plans, schedule to me tomorrow. But I do not believe that she will do it! Could you tell me where I can find some info about forms? What suggestions? I am really scared to make a mistake. Please help.

Thanks a lot.
Amy
 
The fight starts

First I'd like to say thank you to every member of this forum. I've been following this forum since February. Last week I filed WOM for I485 in Western Washington. It wouldn't be possible for me to do that without what I learned from the forum. Now it's time to prepare for MTD. Hope for the best but prepare for the worst. :)

A special thank you to Mingjing. The cases you categorized will be very helpful to me. I'm tracking all the cases in Western Washington district. Let me know if you need information from this district.

BTW, writing to First Lady didn't work for me. I sent the letter in February and received a letter from FBI after a little more than 3 months. The letter just says that my name check is still pending (after 37 months).
 
Hi, Mingjing and Friends,

I noticed that in some opposition to MTD case you posted, several pro-se withdrawed the prayer of "Requiring defendants to provide the plaintiff with a notice of approval".

My AUSA does not oppose this prayer (my pro se) at all in his MTD.

My question: in this case, should I mention that and withdraw this prayer
explicitly in my oppostion to MTD.

Thank you very much for your great efforts!
 
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