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

Here you go:
Daniel Tzuken Huang
Law Office of Daniel Huang
506 N Garfield Avenue
Suite 100
Alhambra, CA 91801
626-289-0006
866-295-7308 (fax)
lawyer99@pacbell.net
Assigned: 02/16/2007
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

My office co-worker is using him.
Caution - he has very good experience, but is also very busy. So he may not be able to give you all attention that you might expect. Also he is based in california. In rare cases when the cases do come to court, he would represent you only once via some local lawyer. He would never come to your city to represent you. Another caution, 95% of his cases succeeded, but the remaining 5% are stuck.

Good side of him - his rates are reasonable (3K) and has worked on a no. of such cases.
aryin said:
Dear Mr. WTD,

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

crotonwang@hotmail.com
Click to expand...
 
Hey aryin.

If you are really distressed about your GC situation, I would really encourage you to open the link in my previous to prevous post and go through all the cases in your city. Find all the lawyers who represented people in 'writ of mandamus' cases. I'm not sure why you would not go through this exercise.

Personally I'd be more comfortable with a lawyer in same city, whose office I can just walk into. Although since I'm in NY city, it's hard to find a good lawyer for less than 5K.

aryin said:
Dear Mr. WTD,

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

crotonwang@hotmail.com
Click to expand...
 
NameCheck nightmare

Hi folks;
My application (N400) is stuck in the name check since Aug 05, my lawyer filed my case in Centeral IL in Oct 06, it seems that the US attorney is fighting hard as if its a personal issue with me and refusing to help at all, my problem now is the judge doesn't want to say a word, after filing MTD and the last reponse filed by my lawyer was in 4/23, since then the judge has been quiet and I don't know what should I do, just wait or there's something else to be done!!!!

thanks
----------------
PD: Jul 15, 2005
FP: Aug 12, 2005
IV: Jul 13, 2006
Filed 1447(b): Oct 2006
2nd FP: Mar 2007
?
?
 
1447b Victory!

Dear Paz, shvili, lazycis,786riz. logthhguy, MinJing and all other members!!

First, I am sorry for posting this late. I was extremely busy and exhausted at my work. Folks, finally, after three years of painful waiting and waiting, I had my day on this Saturday. CIS sent me an approval letter and an oath letter. My oath is goona be in June. They do work very very fast once you file the lawsuit.

But, this victory was not possible without this forum and without people like you. You folks do not know that you are saving lives. Special thanks go to our great friend PAZ1960 who helped me in each step when I was filing my lawsuit in March. I can feel the pain of each of you. Please keep doing the hard work and you will eventually prevail. I am glad I found this forum last year, and read as many posts as I could and then filed a lawsuit in March 2007.

I do not have words to express my gratitude. My heart goes for PUBLICUS who started this thread. I wish I could persoanlly thank him, but I guess he does not come to this Website anymore. Congratultions to Mingjing and all others who have recently won their battle. And best of luck to all who are still fighthing. I am with all of you as I know and can feel how hard and painful it is to go through this whole process. BEST OF LUCK AND THANK YOUUUU ALLLLLLLLLLL!!!!!!!!!!!!!!! REAGRDS, DUDE
 
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Mingjing said:
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
Click to expand...


Congratulation MingJing !!!

I filed my reply to the AUSA's Answer 7 weeks ago, but the judge has not made any decision yet. I'm not sure when the decision will be made, but 7 weeks seems really long and enough for him. Maybe judge won't make any decision for a year or two. Who knows?

Anyway, there seems nothing I can do right now.

take care.
 
The judge goes by the court's calendar....

melbashir said:
Hi folks;
My application (N400) is stuck in the name check since Aug 05, my lawyer filed my case in Centeral IL in Oct 06, it seems that the US attorney is fighting hard as if its a personal issue with me and refusing to help at all, my problem now is the judge doesn't want to say a word, after filing MTD and the last reponse filed by my lawyer was in 4/23, since then the judge has been quiet and I don't know what should I do, just wait or there's something else to be done!!!!

thanks
----------------
PD: Jul 15, 2005
FP: Aug 12, 2005
IV: Jul 13, 2006
Filed 1447(b): Oct 2006
2nd FP: Mar 2007
?
?
Click to expand...

What is the noting date for your case? The judge will rule within 35 days of the noting date. That's per the local rule in my district. You might want to find out when it's noted for ruling. You can then call the clerk and inquire about that.
 
This is very encouraging!

w&w said:
Three in a row in this month.
Click to expand...

Thank you for posting this! This is very encouraging to people in W.D.WA! :)

I wonder if AUSA in W.D.WA would think it wise to actually go ahead and work with USCIS and FBI to expedite the name checks and adjudicate these cases. Hmmm.... That would be helpful to them as well.
 
DUDE12190 said:
Dear Paz, shvili, lazycis,786riz. logthhguy, MinJing and all other members!!

First, I am sorry for posting this late. I was extremely busy and exhausted at my work. Folks, finally, after three years of painful waiting and waiting, I had my day on this Saturday. CIS sent me an approval letter and an oath letter. My oath is goona be in June. They do work very very fast once you file the lawsuit.

But, this victory was not possible without this forum and without people like you. You folks do not know that you are saving lives. Special thanks go to our great friend PAZ1960 who helped me in each step when I was filing my lawsuit in March. I can feel the pain of each of you. Please keep doing the hard work and you will eventually prevail. I am glad I found this forum last year, and read as many posts as I could and then filed a lawsuit in March 2007.

I do not have words to express my gratitude. My heart goes for PUBLICUS who started this thread. I wish I could persoanlly thank him, but I guess he does not come to this Website anymore. Congratultions to Mingjing and all others who have recently won their battle. And best of luck to all who are still fighthing. I am with all of you as I know and can feel how hard and painful it is to go through this whole process. BEST OF LUCK AND THANK YOUUUU ALLLLLLLLLLL!!!!!!!!!!!!!!! REAGRDS, DUDE
Click to expand...

Dude,
Congrats. Can you post your timeline. thanks
 
bsus said:
Congratulation MingJing !!!

I filed my reply to the AUSA's Answer 7 weeks ago, but the judge has not made any decision yet. I'm not sure when the decision will be made, but 7 weeks seems really long and enough for him. Maybe judge won't make any decision for a year or two. Who knows?

Anyway, there seems nothing I can do right now.

take care.
Click to expand...


BSUS,

I sent you a pm and Mingjing commented on the fact I haven't heard from you. I was trying to ask you about your experience now with AUSA Olsen. I filed for my husband on May 2nd and on May 14 the case was assigned to him. I read your April posts about trying to reach him in vain but I was hoping you got approved as you disappeared from the forum.

I am sorry to hear it's not the case! Is your case AOS or N-400 (WOM or 1447(B)) I would appreciate any comments you might share on your ordeal. Also, who is your judge? We have P. Trumbull.

It was nice to hear from you! HOpe you can comment. Also, check your docket schedule, it's strange (I think) if your judge just sits on your case, what does your docket have?

Good luck!

Shvili
 
lotechguy said:
Dude,
Congrats. Can you post your timeline. thanks
Click to expand...

Thank you lotechguy! and Best of luck to you!! Here is my timeline

March 2004 (N-400)
August 2004 (First FP)
May 2005( Interview, passed everthing but Name check was pending)
November 2005 (seconed FP)
Feb 2007 (Third FP)
March 2007 (1447b filed Pro Se)
May 2007( Recived an approval and oath letter)
Oath June 2007
 
Good question. I don't know how. All along I have been worried if I chose the right attorney. I guess there is no good way to ensure a good attorney. The criteria are too complex: knoledge about WOM, bandwidth available, attention to your specific case, personal chemistry, relationship with AUSA etc. Just too many vaiables. I can't say how my attoney's qualitification affect my case one way or the other. It is like doctor and patient relationship - blind trust.
Julius

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...
 
DUDE12190 said:
Dear Paz, shvili, lazycis,786riz. logthhguy, MinJing and all other members!!

First, I am sorry for posting this late. I was extremely busy and exhausted at my work. Folks, finally, after three years of painful waiting and waiting, I had my day on this Saturday. CIS sent me an approval letter and an oath letter. My oath is goona be in June. They do work very very fast once you file the lawsuit.

But, this victory was not possible without this forum and without people like you. You folks do not know that you are saving lives. Special thanks go to our great friend PAZ1960 who helped me in each step when I was filing my lawsuit in March. I can feel the pain of each of you. Please keep doing the hard work and you will eventually prevail. I am glad I found this forum last year, and read as many posts as I could and then filed a lawsuit in March 2007.

I do not have words to express my gratitude. My heart goes for PUBLICUS who started this thread. I wish I could persoanlly thank him, but I guess he does not come to this Website anymore. Congratultions to Mingjing and all others who have recently won their battle. And best of luck to all who are still fighthing. I am with all of you as I know and can feel how hard and painful it is to go through this whole process. BEST OF LUCK AND THANK YOUUUU ALLLLLLLLLLL!!!!!!!!!!!!!!! REAGRDS, DUDE
Click to expand...

DUDE, CONGRATULATIONS!!!

So glad to hear of your victory!!! And you must be celebrating it yourself double since you did an attorney's work (plus saved yourself $$$!) Would you please tell your timeline (Although of course I remember your posts but please remind all the outlines.) Did AUSA file an answer/MTD? What communication have you had with him/her?

Again, it looks like they are trying to act fast this spring (Again, I just hope this trend would continue into the summer :) )

Have a happy ceremony and please, stay for a while and advise all of us and the new members.

Shvili
 
shvili said:
BSUS,

I sent you a pm and Mingjing commented on the fact I haven't heard from you. I was trying to ask you about your experience now with AUSA Olsen. I filed for my husband on May 2nd and on May 14 the case was assigned to him. I read your April posts about trying to reach him in vain but I was hoping you got approved as you disappeared from the forum.

I am sorry to hear it's not the case! Is your case AOS or N-400 (WOM or 1447(B)) I would appreciate any comments you might share on your ordeal. Also, who is your judge? We have P. Trumbull.

It was nice to hear from you! HOpe you can comment. Also, check your docket schedule, it's strange (I think) if your judge just sits on your case, what does your docket have?

Good luck!

Shvili
Click to expand...


Hi Shvili,

I have a I485 case and I didn't disappear, I was just waiting, and still waiting for the judge to make an final order.

I have never talked to Edward Olsen, and I think he purposely avoid phone calls which might be understandable to certain people.

I check my docket report everyday, and it says nothing. I also contacted the court, and was told basically not to make phone call to them. " You will be notified when judge make decision", I was told.

I think MingJing's case has nothing to do with his WOM, it's just a coincidence.

Hope this helps.
 
gmlvsk said:
i found tnis new draft of the bill, see page 74, it sounds much better
http://bibdaily.com/pdfs/SBEOIR draft 5-18-07.pdf
Click to expand...

w&w said:
Three in a row in this month.
Click to expand...

gmlvsk,

Thank you for the draft! I just wish they adopted the language on p. 74-75: to allocate extra sources to resolve nc stalled for more than 2 yrs. and to demand a course of action from FBI if the delay is longer than 180 days. This is what I hoped for (but the q-n is, are they also keeping the lang previously drafted, that delay may not be a ground for a law suit/WOM complaint? But even if they do, if both of them are really implemented, it still should work! (Of course in reality they may not follow these deadlines and then we wouldn't have any remedy to fight it. Then what???) Logically, I think they should not strip courts' power to hear the complaints. And if they do impose timelines on FBI they may amend the law to allow courts to hear delays similar to the 1447(b) statue in cases FBI fails to meet this deadline.

w&w,

thank you for the text! Pay attention to p.3 (top) where the judge says that extra exhibits may be considered when "considering MTD". It also means we can present supporting docs in our opposition to MTD.
 
You are welcome,
This is today compressed draft.
http://www.aila.org/content/default.aspx?docid=22389
It's to our advantage this bill to pass

shvili said:
gmlvsk,

Thank you for the draft! I just wish they adopted the language on p. 74-75: to allocate extra sources to resolve nc stalled for more than 2 yrs. and to demand a course of action from FBI if the delay is longer than 180 days. This is what I hoped for (but the q-n is, are they also keeping the lang previously drafted, that delay may not be a ground for a law suit/WOM complaint? But even if they do, if both of them are really implemented, it still should work! (Of course in reality they may not follow these deadlines and then we wouldn't have any remedy to fight it. Then what???) Logically, I think they should not strip courts' power to hear the complaints. And if they do impose timelines on FBI they may amend the law to allow courts to hear delays similar to the 1447(b) statue in cases FBI fails to meet this deadline.

w&w,

thank you for the text! Pay attention to p.3 (top) where the judge says that extra exhibits may be considered when "considering MTD". It also means we can present supporting docs in our opposition to MTD.
Click to expand...
 
bsus said:
Hi Shvili,

I have a I485 case and I didn't disappear, I was just waiting, and still waiting for the judge to make an final order.

I have never talked to Edward Olsen, and I think he purposely avoid phone calls which might be understandable to certain people.

I check my docket report everyday, and it says nothing. I also contacted the court, and was told basically not to make phone call to them. " You will be notified when judge make decision", I was told.

I think MingJing's case has nothing to do with his WOM, it's just a coincidence.

Hope this helps.
Click to expand...

Did you see other rulings by your judge? It may be s/he takes an extra long time. But there must be some timeline imposed on him/her, too. Check CA local rules, I really hope the judge isn't taking advantage of the fact you're going pro se, judges are often rather more cordial to pro se clients.

As for "coincidence", believe me, there is no such thing in our cases! Yes, Olsen may not have physically pushed FBI to complete Mingjing's nc, but he did contact CIS and CIS/FBI started to work as a result of his law suit. Of course, AUSA is not able to finish it himself, he can only do this much. But if it's not done, it means extra work for him (fighting us in court) and so it works according to Murphy's laws..."when a party is interested in the outcome, this party is a primary suspect of this outcome". In the very least, CIS itself did the job,- then again, see the above loose interpretation of one of the Murphy's laws.

Conclusion is, keep hoping for adjudication, given the recent trend it's even more likely than before (unless, of course there're some details of your case that make it extra complicated). And when you win (I hope that it will happen soon!) you can "blame" only yourself for that outcome!;)

Good luck and keep your spirits up!
 
my judge has also just made one order in december - issue summons.
After that there were several motions but she keeps silent

shvili said:
Did you see other rulings by your judge? It may be s/he takes an extra long time. But there must be some timeline imposed on him/her, too. Check CA local rules, I really hope the judge isn't taking advantage of the fact you're going pro se, judges are often rather more cordial to pro se clients.

As for "coincidence", believe me, there is no such thing in our cases! Yes, Olsen may not have physically pushed FBI to complete Mingjing's nc, but he did contact CIS and CIS/FBI started to work as a result of his law suit. Of course, AUSA is not able to finish it himself, he can only do this much. But if it's not done, it means extra work for him (fighting us in court) and so it works according to Murphy's laws..."when a party is interested in the outcome, this party is a primary suspect of this outcome". In the very least, CIS itself did the job,- then again, see the above loose interpretation of one of the Murphy's laws.

Conclusion is, keep hoping for adjudication, given the recent trend it's even more likely than before (unless, of course there're some details of your case that make it extra complicated). And when you win (I hope that it will happen soon!) you can "blame" only yourself for that outcome!;)

Good luck and keep your spirits up!
Click to expand...
 
DUDE12190 said:
Dear Paz, shvili, lazycis,786riz. logthhguy, MinJing and all other members!!

First, I am sorry for posting this late. I was extremely busy and exhausted at my work. Folks, finally, after three years of painful waiting and waiting, I had my day on this Saturday. CIS sent me an approval letter and an oath letter. My oath is goona be in June. They do work very very fast once you file the lawsuit.

But, this victory was not possible without this forum and without people like you. You folks do not know that you are saving lives. Special thanks go to our great friend PAZ1960 who helped me in each step when I was filing my lawsuit in March. I can feel the pain of each of you. Please keep doing the hard work and you will eventually prevail. I am glad I found this forum last year, and read as many posts as I could and then filed a lawsuit in March 2007.

I do not have words to express my gratitude. My heart goes for PUBLICUS who started this thread. I wish I could persoanlly thank him, but I guess he does not come to this Website anymore. Congratultions to Mingjing and all others who have recently won their battle. And best of luck to all who are still fighthing. I am with all of you as I know and can feel how hard and painful it is to go through this whole process. BEST OF LUCK AND THANK YOUUUU ALLLLLLLLLLL!!!!!!!!!!!!!!! REAGRDS, DUDE
Click to expand...

Congratulations DUDE!
You really deserved this great day. I remember well when you started to educate yourself in these legal matters, you were a real rookie (like all of us, at the beginning). But you had the perseverance and desire to learn these things and do it by yourself, and in the meantime taking time and patience to answer many questions here on the forum. This is the only way how this forum is still alive and generously helping the newcomers. Please keep up the good work and continue to return from what you learned from people who had to go through the same fight earlier.

Your case should be a model for all of us. With courage, determination, with the "I can do it" spirit and, most importantly, with hard work we will prevail.
 
Mingjing said:
Good question. I don't know how. All along I have been worried if I chose the right attorney. I guess there is no good way to ensure a good attorney. The criteria are too complex: knoledge about WOM, bandwidth available, attention to your specific case, personal chemistry, relationship with AUSA etc. Just too many vaiables. I can't say how my attoney's qualitification affect my case one way or the other. It is like doctor and patient relationship - blind trust.
Julius
Click to expand...

Mingjing, congratulation for your victory and I really commend you for the great work you did for the AOS applicants collecting and organizing the relevant court cases. Good to see that you were willing to dedicate obviously a lot of time to this problem, although you could simply rely on the attorney you hired. Great work for the community and I'm sure that you learned a lot from this and don't regret the time spent.
 
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