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

[lazycis]

I filed WOM with the Southern District of Florida on May 2nd 2007 and I have the following 3 questions.

1) The judge issued an order requiring joint scheduling and discovery report. I called the US attorney and spoke with the USA on my case and asked her about the joint scheduling and discovery report. She told me that she will file a motion to dismiss because of discretion action. What should I do? Should I wait until she files motion to dismiss and respond or should I inform the judge of her intend to file a motion to dismiss instead of joint scheduling and discovery report? (I had posted a question related to this one before, but could not retrieve the old post, I am sorry)

2) My wife and I are moving to Tennessee where my wife will attend dental school. Since my WOM is pending, can I transfer my WOM to Tennessee? Or Should I stay Florida until my case is resolved?
Note: I do not have a work permit nor an interim work permit, so I am not working at all and I am 100% supported by my wife. USCIS refused to issue me work permit or interim work permit until my I-485 is adjudicated. So, knowing this information, what should I do?

3) How to transfer a WOM from one District to another one?

Thank you in advance for your help!

Sincerely,
KBLI

Man, you have a lot of patience. Should've filed lawsuit to force USCIS to adjudicate H1-B in the first place. I think your case is a bit complicated so attorney may be needed to give an advice. On the other hand, you could not work so I understand if you cannot afford attorney at the moment.

1) No need to talk to judge about it. AUSA will do that and if you are moving, it will be a different judge and AUSA. Prepare opposition to MTD. If you included I-765/H1-B in your lawsuit, it is not a discretionary decision by all means. It's a strong case. Defending your position regarding I-485 is a bit different, but not impossible.

2) You should file emergency motion to expedite consideration of your case. You cannot work because of defendants' actions. That's serious. Ask court to compel USCIS to issue a temporary EAD while your case is pending. Ask court to request AUSA to respond to your complaint within 10 days.

3) File motion to transfer case to another district for your convenience. I'd talk to court clerk about it. I am not sure about timing (wheather you file it before you move or afterwards). This happens quite often and it's not a complicated procedure.

 

[nastena]

When you file discovery request here is my recommendation.

Do not ask AUSA about discovery documents. (You can ask but he will always resist and deny).

Get court subpeona for local USCIS office and FBI office and serve them disposition via process server. This will put immense pressure on them trust me it works. It puts them in bad position either they will resist hard if they believe they have some thing negative about you or your name check will clear before disposition due date. With court subpeona they have to respond to that.

I know few indivituals who have done it and it certainly worked for them. But remember if you have some thing bad in your background it can come back and hurt you too.

Thank you for your recommendations. I am learning on the fly. Friday we had hearing of MTD that was eventially dismiss. Now we have an order to confer and file discovery plan before the pre-trial on June 6, 2007. I got an order on May 22, but AUSA didn't propose any discovery plan so far. I call him couple of times, he sounds like a nice guy, but everytime told that he need to manage it with authorities (FBI and USCIS). So I send him email today in the morning with my proposal. Again, he promised to contact authorities and see what they will replay on that.
If I don't get results from this step I will file subpoena. I am sure it will put a pressure on them.

 

[KBLI]

Man, you have a lot of patience. Should've filed lawsuit to force USCIS to adjudicate H1-B in the first place. I think your case is a bit complicated so attorney may be needed to give an advice. On the other hand, you could not work so I understand if you cannot afford attorney at the moment.

1) No need to talk to judge about it. AUSA will do that and if you are moving, it will be a different judge and AUSA. Prepare opposition to MTD. If you included I-765/H1-B in your lawsuit, it is not a discretionary decision by all means. It's a strong case. Defending your position regarding I-485 is a bit different, but not impossible.

2) You should file emergency motion to expedite consideration of your case. You cannot work because of defendants' actions. That's serious. Ask court to compel USCIS to issue a temporary EAD while your case is pending. Ask court to request AUSA to respond to your complaint within 10 days.

3) File motion to transfer case to another district for your convenience. I'd talk to court clerk about it. I am not sure about timing (wheather you file it before you move or afterwards). This happens quite often and it's not a complicated procedure.

Hi Lazycis
Thank you very much for your help. I really appreciate it.

3) I am currently living in the district where I filed the case (Southern District of Florida). So I filed the case before I move. I am moving Saturday June 9, 2007 to Nashville which is the Middle District of Tennessee. How do I file a motion to transfer case to another district? Do I transfer the case after I move? Or can you point me to a location where I can find information about case transfer? I queried the web and the Federal court web several times but could not find any information about WOM transfer.
The court clerk in the district office where I filed my case is not nice and helping at all. She refused to answer all my questions and always asked me to seek legal help and she told me several times that she is not a lawyer and cannot advice me. Even though I told her I am a Pro Se and I explained to her my financial situation, she does not care. I don’t want to her any more questions if possible. So far I have done every thing without any help from the court clerk.

2) As soon as I transfer my case, I will file emergency motion to expedite. How do I file emergency motion to expedite?

1) I am not going to talk to the judge bout it. I already started to prepare my opposition to MTD. I also included I-765/H1-B in my lawsuit. I will sent you a private message with a copy of my complaint so that you can know more about it.

4) Do I need to file a change of address once I move? Or the motion to transfer will take care of that? Note: I do not know my new address yet.

Thank you very much for your help,
Sincerely,
KBLI

 

[lazycis]

Hi Lazycis
Thank you very much for your help. I really appreciate it.

3) I am currently living in the district where I filed the case (Southern District of Florida). So I filed the case before I move. I am moving Saturday June 9, 2007 to Nashville which is the Middle District of Tennessee. How do I file a motion to transfer case to another district? Do I transfer the case after I move? Or can you point me to a location where I can find information about case transfer? I queried the web and the Federal court web several times but could not find any information about WOM transfer.
The court clerk in the district office where I filed my case is not nice and helping at all. She refused to answer all my questions and always asked me to seek legal help and she told me several times that she is not a lawyer and cannot advice me. Even though I told her I am a Pro Se and I explained to her my financial situation, she does not care. I don’t want to her any more questions if possible. So far I have done every thing without any help from the court clerk.

2) As soon as I transfer my case, I will file emergency motion to expedite. How do I file emergency motion to expedite?

1) I am not going to talk to the judge bout it. I already started to prepare my opposition to MTD. I also included I-765/H1-B in my lawsuit. I will sent you a private message with a copy of my complaint so that you can know more about it.

4) Do I need to file a change of address once I move? Or the motion to transfer will take care of that? Note: I do not know my new address yet.

Thank you very much for your help,
Sincerely,
KBLI

KBLI,
Here is what I would do (please be aware that I am not a lawyer so it's up to you weather to follow my advice or not):
1. File notice of change address with your new address. When will you know your new address? Court has to have your contact info, otherwise they will not be able to notify you about the results of your motion to transfer. Maybe wait until you move and then file notice of change address and motion to transfer.
Having a new address would be a big help for you. Even if it's the address where you will stay temporarily. But if you cannot get it, have somebody monitor your current mailbox and ask to redirect all mail to you.
2. File "motion to transfer venue" in accordance with 28 USC 1404(a) and 28 USC 1404(b). Simply state that you are moving on 6/9 (or already moved) and ask for transfer for parties convenience. Note that defendants did not file a response yet. Nothing fancy. If you do not know a new address yet, state that you will file a notice of change address within 10 days after you move. Again, I do not know if you can ask for transfer before you move. If not, you do not lose anything, court will deny your motion and you will have to file another one after you move. If court grants it, you will save a trip to Florida.
3. motion to expedite. I'll send you a private message about it.

All the best to you in your quest!

 

[shvili]

Just an update of my case.

Filed AOS (pending for 3 years+) WOM in Jan, 07 in ND CA;
Got an Answer/[MTD] in March, 07,
Filed my Reply in April, 07.

After two months' wait, In June 07, the judge ordered and rejected the Defendants' Answer (similar to MTD), and asked for the below.

" ...... It appears, however, that the issues raised in the complaint [WOM] likely are amenable to a resolution on summary judgment. The parties are directe, therefore, to file cross-motions for summary judgment as promptly as practicable".

So yet another case to have defeated MTD. I'll file my summary judgment as soon as I can. Case looks more promising now.

BTW, anyone has any good summary judgment as reference? I actually filed a "Proposed order ......", I may just change its title and use the similar content.

Anyway, cheers !

Bsus,

great news! Hope you'll get resolution shortly. I only found one very good MSJ text in Mohammed's case, judge granted it, but it's naturalization case (year-old). Also see orders considering MSJ in Singh and Razaq.

Good luck!

 

[shvili]

I have been reading through this thread and educate myself before i file wom.

I have a pending I-485 for 3.5 years(family based), I am located in chicago area. Did anyone know how good the court is in this area, do i have a very good chance to win? I tried to look for some WOM complaint samples, but most of them are employment based. I would highly appriate if anyone can provide a family based similar case complaint. I also tried to search in pacer account, but if i just put the name 'chertoff' on closed case, it will give me all the cases, will that be a lot? Can anyone give me some tips on how to search in pacer. I noticed, if i search by name, i can not put in a date range. Any advice is appreciated!

Thanks,

Vicky

Vicky,

here is the Justia site for Illinois cases:

http://dockets.justia.com/search?qu...year=2006&max-day=4&max-month=6&max-year=2007

From here, you can scroll backwards until you find a relevant case, then click on that case and you will see "Docket report" and "case history". Click on either of those using your Pacer acct. (-I use Docket Report). It will show you all docs filed in the case, then you can download what you want (Pacer will charge you, except for the judges' orders on a case, which you can download for free).

Good luck!

 

[shvili]

A useful paragraph to use in your complaint is the one used in a naturalization case couple of years ago:

"This action challenges the failure of Defendants to complete action on the application and issue the decision due to Plaintiff and does not challenge any discretionary act by Defendants. This action does not challenge the granting or denial of an application. Therefore, the jurisdictional limitations of INA § 242, 8 U.S.C § 1252, do not apply."

I used it in my complaint, in "jurisdiction" section. It shuts off defendant's argument that you ask for a specific decision (which is outside of courts' jurisdiction), but DO MAKE SURE THAT NOWHERE IN YOU COMLAINT you ask for "APPROVAL". You can only ask for decision, determination or adjudiaction.

 

[wait4luck]

Is it still an effective way to file WOM for Green Card case?

Hi everyone, I need your advice. My AOS name check has been pending for 2.5 years. I am thinking filing WOM through a lawyer. However after I read through this forum , it seems much more complicated now a days. I also see somebody mention "congress immigration reform" which may shut the door of using law suit to expedite FBI name check (I don't have any idea about the reform). Can anyone forward the link of the reform?

My question is: is it still worth and effective to file WOM for Green card case if I file now? Another question is the WOM attorney asks for 3k which does not include file oppostion to MTD or pre court conference. If there is any pre court conference and MTD, he needs to charge extra. Is it too much or normal?

Please give me some pictures of WOM for green card case now a days.

Thanks!

 

[nastena]

When you file discovery request here is my recommendation.

Do not ask AUSA about discovery documents. (You can ask but he will always resist and deny).

Get court subpeona for local USCIS office and FBI office and serve them disposition via process server. This will put immense pressure on them trust me it works. It puts them in bad position either they will resist hard if they believe they have some thing negative about you or your name check will clear before disposition due date. With court subpeona they have to respond to that.

I know few indivituals who have done it and it certainly worked for them. But remember if you have some thing bad in your background it can come back and hurt you too.

Absolutly like you told so. I just got replay to my proposed discovery plan. AUSA replay that they not going to anticipated any discovery:
"The defendants object to any discovery at this stage pending their filing of a motion for reconsideration and the Court’s ruling on that motion."
By the way motion was dismissed.
"At present, the parties do not consent to a trial before a United States Magistrate Judge. "
It seems like my AUSA not so nice and good guy... What should I do?
AUSA proposed discovery fully ignore my part that I proposed early to him.
In the JSR template was mentioned if parties do not agree each create separate paragraph for their opinions. Do I need to modify his proposal and add my paragraph?
Or just ignore it and move to subpeona? When can I file subpeona? Do I need to ask magirstrate judje during the conference if I can file it?

 

[nastena]

I would really appreciate if somebody can share example of JSR adn Discovery plan. I can't find anything on Pacer. Please advise!!!!

 

[KBLI]

KBLI,
Here is what I would do (please be aware that I am not a lawyer so it's up to you weather to follow my advice or not):
1. File notice of change address with your new address. When will you know your new address? Court has to have your contact info, otherwise they will not be able to notify you about the results of your motion to transfer. Maybe wait until you move and then file notice of change address and motion to transfer.
Having a new address would be a big help for you. Even if it's the address where you will stay temporarily. But if you cannot get it, have somebody monitor your current mailbox and ask to redirect all mail to you.
2. File "motion to transfer venue" in accordance with 28 USC 1404(a) and 28 USC 1404(b). Simply state that you are moving on 6/9 (or already moved) and ask for transfer for parties convenience. Note that defendants did not file a response yet. Nothing fancy. If you do not know a new address yet, state that you will file a notice of change address within 10 days after you move. Again, I do not know if you can ask for transfer before you move. If not, you do not lose anything, court will deny your motion and you will have to file another one after you move. If court grants it, you will save a trip to Florida.
3. motion to expedite. I'll send you a private message about it.

All the best to you in your quest!

Thank you Lazycis! I will follow your advice. I will wait until i move and have a new address, file a change of address, file a motion to transfer venue, and file an emergency motion. I gralty appreciate your advice.
Sincerely,
KBLI

 

[paz1960]

Thank you Lazycis! I will follow your advice. I will wait until i move and have a new address, file a change of address, file a motion to transfer venue, and file an emergency motion. I gralty appreciate your advice.
Sincerely,
KBLI

KBLI, don't forget to file a Change of Address with USCIS in less than 10 days after you move. There are very serious consequences if you forget this and now that you have sued them, I'm sure that they will go after you if you change the venue of the lawsuit but forget to report with USCIS (form AR-11) the cange of address.

 

[ys0127]

Hello, Everyone,

I filed my WOM on Janurary 4, 2007. After some exchanges with the AUSA (she filed MTD and I filed the opposition), my case has been with the Judge for two months. Is there any way to ask the Judge to make his decision as soon as possible ? Any suggestion is greatly appreciated.

 

[iswim888]

AUSA's request - please help

Dear fellow WOMers:

Please kindly help me with this question. The AUSA filed a motion to dismiss my WOM. I then filed an opposition to his MTD. Today he called me and asked me if I can give him two more weeks so that he can get an FBI declaration letter for his reponse. He said if i do not agree, he would just file the response tomorrow. Shall i agree or not?

he said he wants this FBI declaration letter because i said in my WOM that FBI did not give me any progress status of my application.

Thanks.

 

[hopeforall2]

This bill is good for us, read May 24 review, search for "streamlining".
The bad part went away
http://www.aila.org/Content/default.aspx?docid=22422
Where do u see bad there?

lazycis Thank you , gmlvsk Thank you for the link.

From what I gather, the immigration reform act linked above is a complete bill with no strings attached , hopefully there will not be any attachment to it.

There is no reference that suggests that courts jurisdiction over delayed naturalization will be challenged by USCIS.

Your thoughts please.

 

[lazycis]

Dear fellow WOMers:

Please kindly help me with this question. The AUSA filed a motion to dismiss my WOM. I then filed an opposition to his MTD. Today he called me and asked me if I can give him two more weeks so that he can get an FBI declaration letter for his reponse. He said if i do not agree, he would just file the response tomorrow. Shall i agree or not?

he said he wants this FBI declaration letter because i said in my WOM that FBI did not give me any progress status of my application.

Thanks.

I'd agree just out of curiosity to find out what FBI has to say. After all, two weeks is not a big deal when you wait for years.

 

[lazycis]

Hello, Everyone,

I filed my WOM on Janurary 4, 2007. After some exchanges with the AUSA (she filed MTD and I filed the opposition), my case has been with the Judge for two months. Is there any way to ask the Judge to make his decision as soon as possible ? Any suggestion is greatly appreciated.

Of course. You can file a motion for accelerated decision. Explain that you've been waiting for so long, every day is hard to bear for you, if affects your health, etc. and respectfully ask court for expedited consideration of motion to dismiss in your case.

Since quite a few people asked how to do it, I am attaching a similar motion from another civil case.

 

[lazycis]

Hi everyone, I need your advice. My AOS name check has been pending for 2.5 years. I am thinking filing WOM through a lawyer. However after I read through this forum , it seems much more complicated now a days. I also see somebody mention "congress immigration reform" which may shut the door of using law suit to expedite FBI name check (I don't have any idea about the reform). Can anyone forward the link of the reform?

My question is: is it still worth and effective to file WOM for Green card case if I file now? Another question is the WOM attorney asks for 3k which does not include file oppostion to MTD or pre court conference. If there is any pre court conference and MTD, he needs to charge extra. Is it too much or normal?

Please give me some pictures of WOM for green card case now a days.

Thanks!

Filing WoM is still working and 3k is not too high for filing it. Check the trend in your district. Are cases being resolved without court ruling? Do majority of court rulings favor plaintiff? If yes, it makes sense to file WoM. Are cases being dismissed in bunches? If yes, prepare to fight for your rights. It is still possible to win. Check cases handled by your potential attorney.

 

[wait4luck]

Filing WoM is still working and 3k is not too high for filing it. Check the trend in your district. Are cases being resolved without court ruling? Do majority of court rulings favor plaintiff? If yes, it makes sense to file WoM. Are cases being dismissed in bunches? If yes, prepare to fight for your rights. It is still possible to win. Check cases handled by your potential attorney.

Thank you for your advice. In my district of federal court, 99% case got MTD whether it is pro se or through attorney. So far only one case the judge grant deny to MTD. Other cases (some are from Jan 2007) are still waiting for judge's decision. The picture is not clear.

The WOM attorney charges 3k, it only includes filing the initial complain. If the case can not be resolved and needs file opposition of MTD or other litigation, those are extra and will be calulated in hourly base. Seems the fee will be out of my control which concerns me a lot.

Another thing worries me that I will file EAD and APs very soon. If I file WOM, will USCIS stop process my EAD and APs, or just delay to process them? I don't know if WOM will have any negtive affect on our green case or any related cases with USCIS.

Please give your comments.

 

[lazycis]

Thank you for your advice. In my district of federal court, 99% case got MTD whether it is pro se or through attorney. So far only one case the judge grant deny to MTD. Other cases (some are from Jan 2007) are still waiting for judge's decision. The picture is not clear.

The WOM attorney charges 3k, it only includes filing the initial complain. If the case can not be resolved and needs file opposition of MTD or other litigation, those are extra and will be calulated in hourly base. Seems the fee will be out of my control which concerns me a lot.

Another thing worries me that I will file EAD and APs very soon. If I file WOM, will USCIS stop process my EAD and APs, or just delay to process them? I don't know if WOM will have any negtive affect on our green case or any related cases with USCIS.

Please give your comments.

I think hiring attorney is a good idea, but it does not guarantee the victory. If you have money to spend, go for it. Doing it pro se saves money, but eats your time. It's your choice. My impression is that a case will be considered quicker if it was filed via attorney. If the initial cost is 3k, total costs will not be higher than 4-5k as this type of cases does not usually goes deep into trial (if ever).

I do not think filing WoM will effect processing of EAD/AP. USCIS retains jurisdiction over EAD/AP/AOS regardless of district court action. It's different for some naturalization cases. If EAD is your concern, file it now. It's important to have it unless you do not need it to work. I do not see any drawbacks if you file EAD earlier. Plus, if USCIS fails to issue EAD within 90 days, you can add it to your WoM