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

Sure here's my timeline /Journey to citizenship

March 2004 got Conditional green card by Marriage to a citizen

August 2005 :N400 Filed based on Active duty military in August 2005 at Charlotte DO.

Jan 2006 :Conditional green card expired Filed I 751

March 2006 :Interview Scheduled for then was cancelled casue file wasnt in USCIS Charlotte and was in Texas for I751.

December 2006: after i dint hear from USCIS about removal of condition or N400 made an infopass appointment and found out name check pending.Then i seached for it and found this board.As per advise on this board wrote all the lettors to congressman,Ombudsman and First lady on 20 Dec 06.

Jan 2007 : Filed lawsuit on 27 Jan 07.

March 07 -Got a letter from FBI that they processed the name check after they got a letter from Department Of Justice who was contacted by first lady's office.

Apr 07 - Got a letter of Interview from USCIS.

May 07 -AUSA filed 30 days extension and then MTD.I replied with motion to extend time to reply

May 07 - Passed the Interview and took Oath same day.
 
Shvili,

Yes, you sure have a very strong case. Mine is 3.5 years too, but mine is only I485 WOM.

My 2 cents to your questions are below:

I have few questions to you and everyone who can comment:

1. you mentioned that you have some 1447 cases stored but not organized yet. Would you please forward them to me? Some of the cases may be the same I posted a while ago, but I'd appreciate more cases, especially from our district.
Note: I downloaded these naturalization cases from this forum. I thought you posted them (I could be wrong, sorry if I am). I added little value though - all I did was to read through them and seperate between favoralbe and unfavorable naturalization cases. I did not note which are 1447 only, which are 1447/WOM. I suggest somebody at this froum start to bucket all known cases into type A, B, C etc. as I did for I485 WOM cases. Type A, where not onlyo MTD dismissed but judge also ordered specific timeline for adjudication, is the best cases you should quote in your oppsosition to MTD.

2. Do you by chance have any information on AUSA in SF E. Olsen?
Note: Edward Olsen is the AUSA for my case as well according to Pacer. I never talked to him, and my attorney never shared with me any email communication with him (there may or may not be some communications. I simply never asked my attorney). Interestingly, the person from defendants who told my attorney my I485 was approved was not Olsen. I remember this person (she) is also a AUSA, but not sure how she works with Olsen. Somebody (again, I thought it was you) commented that had a quick talk with Olsen and felt he is a good couteous guy.

3. Also, our court clerk said that she won't stamp (issue) any summons to AUSA since (obviously) they are defence and not defendants in the case. However, in the cases filed I saw many serve AUSA with separate summons. The clerk just said that we can give AUSA a copy of one of the defendants' summons with our complaint, and that's exactly what I did. AUSA office signed a tiny piece of paper that they got served on May 7. AUSA Olsen was assigned on May 14, which is the date to count 60 days from. Did you also serve separate summons on AUSA?
Note: Sorry, I don't know the answer. My attorney handled all of this. If there is a way to see how my case was handled through filed documents so far, let me know how and I can check my documents.

4. One of the cases shows plaintiff filed a separate Consent to proceed with the Magistrate judge, very early in the case. I understood we can wait and do it together with AUSA (who can draft the doc correctly, together with the ADR process consent) so I can save myself from extra work. Did your laywer draft a separate Consent form and if so when?
Note: I was never asked by my attorney anything about magistrate judge. I had district Judge Charles Bryer from beginning.

Thank you for your great contribution to the forum and please stick a while longer to help all of us!

Shvili[/QUOTE]
 
Mingjing said:
Shvili,

Yes, you sure have a very strong case. Mine is 3.5 years too, but mine is only I485 WOM.

My 2 cents to your questions are below:

I have few questions to you and everyone who can comment:

1.Note: I downloaded these naturalization cases from this forum. I thought you posted them (I could be wrong, sorry if I am). I added little value though - all I did was to read through them and seperate between favoralbe and unfavorable naturalization cases. I did not note which are 1447 only, which are 1447/WOM. I suggest somebody at this froum start to bucket all known cases into type A, B, C etc. as I did for I485 WOM cases. Type A, where not onlyo MTD dismissed but judge also ordered specific timeline for adjudication, is the best cases you should quote in your oppsosition to MTD.

2. Do you by chance have any information on AUSA in SF E. Olsen?
Note: Edward Olsen is the AUSA for my case as well according to Pacer. I never talked to him, and my attorney never shared with me any email communication with him (there may or may not be some communications. I simply never asked my attorney). Interestingly, the person from defendants who told my attorney my I485 was approved was not Olsen. I remember this person (she) is also a AUSA, but not sure how she works with Olsen. Somebody (again, I thought it was you) commented that had a quick talk with Olsen and felt he is a good couteous guy.

4. Note: I was never asked by my attorney anything about magistrate judge. I had district Judge Charles Bryer from beginning.
Click to expand...

Mingjing,

thank you for your answers! I'll look through the files you posted as I saw a couple I didn't recognize as mine. Thank you for categorizing them!

BSUS in April complained that Olsen never returned his e-mails, phone calls, etc. And Kefira mentioned in response that he seemed to be a very nice guy... I haven't heard from Bsus on this, he may have canceled his membership. Perhaps Olsen asks more junior AUSAs to communicate so you heard from a lady... It really seems that very much depends on your AUSA. Encouraging that you had him, too. Could you please post your case timelines again?

Thank you!!
 
sksharma76 said:
Sure here's my timeline /Journey to citizenship

March 2004 got Conditional green card by Marriage to a citizen

August 2005 :N400 Filed based on Active duty military in August 2005 at Charlotte DO.

Jan 2006 :Conditional green card expired Filed I 751

March 2006 :Interview Scheduled for then was cancelled casue file wasnt in USCIS Charlotte and was in Texas for I751.

December 2006: after i dint hear from USCIS about removal of condition or N400 made an infopass appointment and found out name check pending.Then i seached for it and found this board.As per advise on this board wrote all the lettors to congressman,Ombudsman and First lady on 20 Dec 06.

Jan 2007 : Filed lawsuit on 27 Jan 07.

March 07 -Got a letter from FBI that they processed the name check after they got a letter from Department Of Justice who was contacted by first lady's office.

Apr 07 - Got a letter of Interview from USCIS.

May 07 -AUSA filed 30 days extension and then MTD.I replied with motion to extend time to reply

May 07 - Passed the Interview and took Oath same day.
Click to expand...

sksharma76,

thank you! So you filed in Jan. and got it now after a letter to the First Lady... Was your case a military preference, and wasn't it also a reason the First Lady replied? You said you applied based on military duty...

I did see a member saying that a letter to the first lady was never answered...

In any case, good luck and thank you for participation!

Looks like our forum is running out of experienced members! (In a way, it's good as eventually all members drop having cases resolved, but please stay longer for us who're still in the process ;) )
 
Being a lady does not mean she can't be Olsen's boss ;-)

I have not heard from Bsus for a while either. I think he has a very strong case too (I485) and I remember his judge actually asked defendants to show cause. So maybe that he has already got what he wanted.

In my case, I actually did not talk much with my attorney at all. Most of the communications were initiated from me (either email or phone call). And 95% of our communication was done via emails (and short emails), except the first kick off meeting and the recent phone call about my case approval. I have no evidence but I'd guess my attorney does some but not frequent communication with AUSA either. The whole thing is almost an auto pilot process in my mind. Lack of communication did make me nervous, but I am not surprised.

Here are my case details

Priority Date: 08/2001
I140 RD: 08/2003
I485 RD: 11/2003
Name Check stuck from: 12/2003
I140 AD: 09/2004
1st FP: 04/2004
2nd FP: 04/2005
3rd FP:09/2006
4 EADs and 5 APs (My good GOD!!!)
WOM filed by attorney: mid of Jan, 2007, Northern California District
MTD recieved: 03/25/2007
Opposition to MTD Deadline: Late May 2007
Court Hearing Scheduled: 06/15/2007
USCIS Online Status: 05/17/2007 shows "Card production ordered.On May 16, 2007, we ordered production of your new card..."
Don't know when name check was completed

shvili said:
Mingjing,

thank you for your answers! I'll look through the files you posted as I saw a couple I didn't recognize as mine. Thank you for categorizing them!

BSUS in April complained that Olsen never returned his e-mails, phone calls, etc. And Kefira mentioned in response that he seemed to be a very nice guy... I haven't heard from Bsus on this, he may have canceled his membership. Perhaps Olsen asks more junior AUSAs to communicate so you heard from a lady... It really seems that very much depends on your AUSA. Encouraging that you had him, too. Could you please post your case timelines again?

Thank you!!
Click to expand...
 
shvili said:
Mingjing,
Could you please post your case timelines again?

Thank you!!
Click to expand...

Mingjing,

never mind your time line, I found it on your previous post. It was fast! Can you perhaps give some details on your MTD you received? I just want to get ready for what's coming... Just whatever you feel comfortable sharing (and you can pm to me). So far, I haven't found any docs by Olsen on Pacer.

Thank you Agian!
 
Congratulations Mingjing! I did the same thing as you. Just waited and waited and tried not to think about it. Finally I found this forum in February and filed WOM recently. It's still a long way to go for me but I'm already feeling better thinking I can fight this ordeal.

Thanks again for your great work of collecting and organizing 485 cases!
 
After going through the ordeal with all of you, I sure don't mind sharing my case details. Here is my case number: 3:07-cv-00268-CRB. And it is in Northern California.

My attorney did not file opposition to MTD before deadline was up. So through Pacer you will see very little - basically complaint filed by me and MTD by AUSA, and that is it.

I will try to see if she is OK for me to get a copy of that opposition draft and post here. I paid for that opposition draft, so I guess I should own it. That being said, she may feel has has spent time on it and most of the content is not specifically for my case only. We will see.

shvili said:
Mingjing,

never mind your time line, I found it on your previous post. It was fast! Can you perhaps give some details on your MTD you received? I just want to get ready for what's coming... Just whatever you feel comfortable sharing (and you can pm to me). So far, I haven't found any docs by Olsen on Pacer.

Thank you Agian!
Click to expand...
 
Yeah, filing the law suit and being able to do something to dig ourselves out is a huge relief to me compared to where I was before knowing WOM is an option. I asked REPEATEDLY company hired lawyers what on earth ANYTHING could be done, and I was always told waiting. Company hired lawyer serve employer, but I485, unlike like Labor Certificate, is really petitioner's own business. So there has always been a subtle conflict of interest for lawyers.

I remember after I filed in mid. Jan, it felt so much better (actually surprisingly almost as good as I feel in last few days). Though adjudication is what my ultimate goal is, standing up against what is wrong is also a very important element in my mind. We all still experience up and downs in the WOM process, but I felt better than before filing.

Anyway, the law suit is still a copmlicate process for all of us. Continue your effort with focus and a healthy share of stress (some level of stress is not bad so we keep going and don't descent into delusions) and be hopeful in this seemingly hopeless situation.

What I learnt now is that there will never be a time I feel I am all set (with regards to any issues in life). This green card journey may still have some other surprises for each of us. For me just now, welcome letter/approval notice, actual card and many other things still could go wrong. There is one thing we can do - be calm, and DEAL WITH IT.


w&w said:
Congratulations Mingjing! I did the same thing as you. Just waited and waited and tried not to think about it. Finally I found this forum in February and filed WOM recently. It's still a long way to go for me but I'm already feeling better thinking I can fight this ordeal.

Thanks again for your great work of collecting and organizing 485 cases!
Click to expand...
 
Mingjing said:
After going through the ordeal with all of you, I sure don't mind sharing my case details. Here is my case number: 3:07-cv-00268-CRB. And it is in Northern California.

My attorney did not file opposition to MTD before deadline was up. So through Pacer you will see very little - basically complaint filed by me and MTD by AUSA, and that is it.

I will try to see if she is OK for me to get a copy of that opposition draft and post here. I paid for that opposition draft, so I guess I should own it. That being said, she may feel has has spent time on it and most of the content is not specifically for my case only. We will see.
Click to expand...

Mingjing,

It's great that you don't mind sharing your case details with us. It'll sure help me tremendously to see the style our AUSA has and also if you can get your attorney to agree to share the draft of his MTD Oppostition-that would also help a lot, too. See what s/he says.

Good luck and I hope there will be no more unpleasant surprises on your way to get the green card!
 
Started down the FBI Name Check Resolution journey

After waiting 6 months (since Dec 06) since my FBI name check process was initiated, I have taken the following step:

I have written to local Congressman and Senator. I have been told by them that it takes up to three months to hear back from FBI regarding name check status. is this usual?

Is there anything else I can be doing when I am waiting for a status update from Senator / Congressman?

I am a little worried that the new Immigration Bill might completely curtail our ability for filing WOM. Any ongoing information analysis of the Bill might be helpful because this can affect us all.
 
need lawyer in Chicago

Can anyone recommend a good lawyer in Chicago to file a case based on 1447b? Thanks.
 
finding a lawyer's success rate in fighting mandamus cases

First of all congrats to mingjing. I feel happy for you.

Question - How do I find an attorney's record in fighting mandamus cases. I've collected a bunch of lawyer's names from pacer in my district who are currently fighting mandamus cases, but I do not know what their record is, what their success rate is.

I remember Daniel Cheng (an immigration lawyer in CA) once said on some thread to check a lawyer's success record before hiring him/her.

Any ideas on how to do it?
 
What does 'voluntary dismissal' mean?

After reading a couple of cases in NY dist. I notice that many of the cases were dismissed voluntarily by the plaintiff. Here i s what is written in 'docket report status'

ORDER DISMISSING CASE: Having read and considered Plaintiff's Notice of Voluntary Dismissal, it is hereby Ordered that the instant civil action is dismissed without prejudice and without costs. Ordered by Judge Edward R. Korman on 5/1/2007. (Abdallah, Fida) (Entered: 05/01/2007)

BUT what I do not know is whether the plaintiff really succeeded in getting his clearance from the govt. or not. Any idea on how to find thisone.
 
Hi Jow.

This is what I've done to find an attorney (over this weekend). Go to url : http://dockets.justia.com/search?qu...year=2006&max-day=4&max-month=5&max-year=2007

Select the Illinois/chicago court dist. from dropdown, and then select the case type to be 'Mandamust and other'. Then open each case individually. There is a link for 'Attorney'. I copied and pasted links for attornies who have fought such cases in my dist. and am going to call them today. I'm personally interested in 3 attornies who have fought more than 3 such cases in recent past.

Maybe someone has a better technique. If yes - please share.

jow said:
Can anyone recommend a good lawyer in Chicago to file a case based on 1447b? Thanks.
Click to expand...
 
Could you send the lawyer name to me?

Dear Mr. WTD,

Could you send the lawyer name that you found to my email. Thanks a lot.

crotonwang@hotmail.com


WhyThisDelay said:
First of all congrats to mingjing. I feel happy for you.

Question - How do I find an attorney's record in fighting mandamus cases. I've collected a bunch of lawyer's names from pacer in my district who are currently fighting mandamus cases, but I do not know what their record is, what their success rate is.

I remember Daniel Cheng (an immigration lawyer in CA) once said on some thread to check a lawyer's success record before hiring him/her.

Any ideas on how to do it?
Click to expand...
 
WhyThisDelay said:
After reading a couple of cases in NY dist. I notice that many of the cases were dismissed voluntarily by the plaintiff. Here i s what is written in 'docket report status'

ORDER DISMISSING CASE: Having read and considered Plaintiff's Notice of Voluntary Dismissal, it is hereby Ordered that the instant civil action is dismissed without prejudice and without costs. Ordered by Judge Edward R. Korman on 5/1/2007. (Abdallah, Fida) (Entered: 05/01/2007)

BUT what I do not know is whether the plaintiff really succeeded in getting his clearance from the govt. or not. Any idea on how to find thisone.
Click to expand...

Of course I cannot be 100% sure but I am ALMOST sure that this language indicates the Plaintiff's application was adjudicated/granted so that USA requested to sign the notice to dismiss. They obviously try to settle the case out of court which goes along the interests of judicial system (and USA-s also want their "success rate" numbers not to be damaged by cases where they'd most likely loose). So when I see this voluntary dismissal I read it as a victory for Plaintiff.
 
You must log in or register to reply here.
Top