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

1447b help

hi all,
if anyone is filing 1447b(Pro Se) or if u know someone who is filing, please PM me with your email address. I have all the files that u need. I will mail you everthing in detail what do u have to do. This is for all those people who are new to the forum or who want to file 1447b. If you are filing a WOM for AOS case, please ask other members who have filed and won a WOM case since my case was 1447b and I really do not want to give you wrong advise. Thank you all!!! and please keep up the good work. regards, dude
 
SLIS said:
In the scenario that MTD is granted and case is dismissed, you can either choose to file motion for reconsider or appeal to the circut court. It's also possible to refile the case in a different district court as long as you can establish venue.

I don't think there's any adverse effect on your I-485, at least that's the assumption at this point. However, I have seen a case where the I-485 application was denied. I read the denial letter from USCIS on that case from PACER. I guess the lesson is that if you are going the WOM route, you know the best whether there's anything in your history that would give cause for denial. Although I want to say that has nothing to do with filing a WOM case.



Definitely only use copies. And if you are filing electronically through the ECF system, you'll be filing pdf copies anyway.
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SLIS, thank you very much for your advice!

I am not familiar with filing electronically. It seems that most people in this forum followed the procedures on page 1, and filed lawsuit by submitting paperworks. How shall I go through the ECF system? Do I need to contact court to register first? Thanks.
 
Thank you for the FBI ph# for checking fingerprinting

Thanks Dude12190.

DUDE12190 said:
purlban said:
Snorlax,
Can you please list here the fbi customer service number for fingerprinting? This is for my wife's second finger printing status. It has been almost 2 months since the second fingerprinting but no commiunication from USCIS.

Thanks,
prulban



These r the numbers to check to FBI FP status

1-304-625-2000

1-304-625-5590
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immigration Bill

always.wired said:
Lazycis,

Can you please explain what you meant by "Congress is trying to do something regarding the USCIS_FBI Name Check mess" ? Are you referring to the Immigration Bill? Can you please post the specific piece of news you are referring to?
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I got this version of the bill from immigrationvoice.com. Can you see any reference to jurisdiction of courts in delayed background checks ?
 
US attorney uses Walji v. Gonzales against my Mandamus

melbashir said:
hello all;
I'm a long time reader for this forum since it started in 05.
my case is in a twist now, I filed my N400 7/05, FP 8/05, passed the interview on 6/06, second FP 3/07, filed my WOM on 11/06 (using a lawyer) in centeral IL, all the motions was done on 4/24/07 and the judge didn't say a word since then, I was scheduled for pre-trial conf on 6/30 and a bench trial on 7/30, first I dont know why the judge didnt rule on this case all this time!! also I though the judge will rule without a bench trial!!!
the US attorney tried all his tricks to delay my case and never cooperated with my lawyer and never bother to call the FBI to work it out.
The twist is this week is that the US attorney in my case filed for a 14 days to submit another motion based on a new appellate case from Texas was just decided. Attached case. This case found the exact opposite of what other common cases have found and, in essence, found that the person could not sue yet because, until the FBI has completed its exam, the 120 day time has not yet started, so what they say passing the interview is not the start of the 120 days.
This poor guy in the case (Shabir Hussein Walji) is being a lawful perm resident since 1980, and applied his N400 since 2003, and he got denied and now my US attorney wants to use his case against me.
so what do I expect !!!!
I'm in a shock cuz i guess the judge will find a good reason to deny my case now.
my lawyer is upset and he said he'll do his best but wanted to know if there's any other appellate case one of us has won.
any advice will be appreciated

thanks folks
melbashir
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I met the similar trouble. Here is my story

9/27/2004, filed I485. (With priority date of 8/25/2003)
12/11/2006, filed WOM .
2/9/2007, US attorney filed Motion To Dismiss
2/23/2007 filed opposition to Motion To Dismiss
4/18/2007, judge denied Defendant’s Motion to Dismiss, but directed both party to Motion for Summary Judgment
2/23/2007, filed Motion for Summary Judgment.
6/18/2007, Defendants filed their Motion for Summary Judgment, asked to
dismiss the case.
6/25/2007 Defendant submitted supplement using the recent 5 Circuit action
in Walji v. Gonzales, No. 06-20937 to against my complaint.

I don’t know why the US attorney uses Walji v. Gonzales against me, since Walji v. Gonzales is 1447b, while mine is Mandamus. However I believe he has his reason. Need I oppose defendants’ motion? If I should, how can I oppose it? Dear friends, please advice.
Thank you.
 
r_halder said:
After two years of FBI name check delay, my I-485 application has been ultimately approved. My application was in EB1 (outstanding professors and researchers) category. I am a Canadian citizen born in India. I filed a WOM on May 16, 2007 in Newark, NJ district court. FBI was my 1st defendant, followed by attorney general and USCIS. I could serve the summons to all the defendants, which were received by the defendants by May 23. However, unfortunately, on May 22, judge Chesler dismissed my case stating that this court has no jurisdiction on the matter. Fortunately, the dismissal letter was only sent to me and not to any of the defendants. I believe that the defendants did not know about the dismissal. I think that immediately after receiving the summons, FBI started working on my name check and cleared that. On June 20, I received an e-mail from AUSA that my adjustment of status has been approved and I should withdraw the court case. The following day I received the approval letter from Newark, NJ USCIS district office with approval date of June 13. Since, my I-485 application was filed at Vermont Service Center (VSC), I should receive the green card from VSC. However, there is still no update at VSC on my case status. I hope that VSC will do the update in few weeks and I will receive the card within another month.
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Very strange twist of things... Thank for sharing your story. It looks like AUSAs inefficiency worked to your benefit. Please keep us updated.

Best of luck,
snorlax
 
AGC4ME said:
has there been any case where Plaintiff was allowed to recapture time towards naturalization. My 485 was filed March 2004 and has not been adjudicated yet. I'm debating whether in my prayer for relief I can include "Enable Plaintiff recapture time lost towards naturalization". Would this in any way work against me ?
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I've seen cases were plaintiffs included similar paragraph and it did not fly. The judge reasoning was that it is premature request because it's unknown when or if plaintiff will get a GC. So it's unclear from what date to recapture.
 
Flying123 said:
SLIS, thank you very much for your advice!

I am not familiar with filing electronically. It seems that most people in this forum followed the procedures on page 1, and filed lawsuit by submitting paperworks. How shall I go through the ECF system? Do I need to contact court to register first? Thanks.
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Do not bother with ECF, it will cost you more time and money. If you cannot file in person, just mail papers to the district court clerk.
 
w8ting4gc said:
After being stuck in name check for 21 months for my AOS, I am going to file a WOM immediately.
Can anyone point to me a good complaint that lead to success in getting the approval or victory in court?
Also does anyone think the coming immigration bill, if passed soon, would impact ourt ability to file WOM?
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Go to http://en.wikibooks.org/wiki/FBI_name_check
There is a sample complaint which was a success as well as other successfull cases. Register for PACER access: http://pacer.psc.uscourts.gov/psco/cgi-bin/links.pl

Look up successfull complaint in your district. Fork out $350, file complaint and enjoy the club membership :) It's hard to tell anything about the Immigration bill until we see the final version.
 
lazycis said:
Go to http://en.wikibooks.org/wiki/FBI_name_check
There is a sample complaint which was a success as well as other successfull cases. Register for PACER access: http://pacer.psc.uscourts.gov/psco/cgi-bin/links.pl

Look up successfull complaint in your district. Fork out $350, file complaint and enjoy the club membership :) It's hard to tell anything about the Immigration bill until we see the final version.
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lazycis, how do I narrow down to search complaints for AOS WOM? which category number shall I use?
 
Sorry for a dumb question. I am in Nor Cal and filed in San Jose. After you served the AUSA, how do you find out which AUSA is handling your case ? Phone calls to AUSA office seems to be an answering machine only.
 
Thanks lazycis

lazycis said:
I've seen cases were plaintiffs included similar paragraph and it did not fly. The judge reasoning was that it is premature request because it's unknown when or if plaintiff will get a GC. So it's unclear from what date to recapture.
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They can certainly add a rider saying in the event of approval..... As for as from what date to recapture, USCIS mandate is to adjudicate case in 180 days so add 180days to date of AoS RD..... :-0)
 
lazycis said:
Do not bother with ECF, it will cost you more time and money. If you cannot file in person, just mail papers to the district court clerk.
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ECF stands for Electronic Case Filing and is free to use. The benefit is that you get immediate confirmation after you've done any filing. Also, the system will send you an email notification each time something gets filed in the system so you don't have to log into PACER to check your docket sheet all the time.

The downside, of course, is that you'll have to convert everything into PDF before filing.
 
Flying123 said:
lazycis, how do I narrow down to search complaints for AOS WOM? which category number shall I use?
Click to expand...

Look for successful AOS cases listed on wiki, you'll be able to find a good sample among those. Again, you can just use a template posted on wiki. It's a good one.

Use free search http://dockets.justia.com to locate a particular case, then go to PACER.

Here is one of the latest cases:
Quan v. Chertoff et al
Case Number: 3:2006cv07881
Filed: December 26, 2006
Court: California Northern District Court
 
veryfree said:
I met the similar trouble. Here is my story

9/27/2004, filed I485. (With priority date of 8/25/2003)
12/11/2006, filed WOM .
2/9/2007, US attorney filed Motion To Dismiss
2/23/2007 filed opposition to Motion To Dismiss
4/18/2007, judge denied Defendant’s Motion to Dismiss, but directed both party to Motion for Summary Judgment
2/23/2007, filed Motion for Summary Judgment.
6/18/2007, Defendants filed their Motion for Summary Judgment, asked to
dismiss the case.
6/25/2007 Defendant submitted supplement using the recent 5 Circuit action
in Walji v. Gonzales, No. 06-20937 to against my complaint.

I don’t know why the US attorney uses Walji v. Gonzales against me, since Walji v. Gonzales is 1447b, while mine is Mandamus. However I believe he has his reason. Need I oppose defendants’ motion? If I should, how can I oppose it? Dear friends, please advice.
Thank you.
Click to expand...

As long as you are not in the Fifth Circuit, you should not worry too much. What are the reasons for dismissal in AUSA SJ motion? You can also file supplement with recent successfull AOS cases. Most of them are posted here, just check last 10 pages or so.
 
siguy said:
Sorry for a dumb question. I am in Nor Cal and filed in San Jose. After you served the AUSA, how do you find out which AUSA is handling your case ? Phone calls to AUSA office seems to be an answering machine only.
Click to expand...

As someone said: "Realizing that you need more information is a sign of being bright....that's not stupid and that's not dumb. Knowing that you want more knowledge shows that you are a clever and thoughful person. "

Check your case on PACER, you will find all necessary info about person handling your case. If you just filed recently, PACER may not have that information just yet. Remember, the government has 60 days to respond and they usually use all of them (job security, I guess :)) You are in a good district, but prepare to fight anyway.
 
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