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

encouraging!

Tang's wife's name check was cleared, but not Tang's.

This's a great victory for I-485 WOM, especially the WOM was filed after the 12/21/06 policy change. I'm so glad especially this is in my district, but my case was assigned a different judge and I'm waiting anxiously each day for my judge to rule favorably, I've been waiting almost 3 months after OPP to MTD, it's been almost half a year after I filed my WOM through lawyer, the waiting becomes another torture...



lazycis said:
AGC4ME is right, Tang only presented FOIPA response that FBI has no records, but there is no reference that his NC was cleared.
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Bou said:
Tang's wife's name check was cleared, but not Tang's.

This's a great victory for I-485 WOM, especially the WOM was filed after the 12/21/06 policy change. I'm so glad especially this is in my district, but my case was assigned a different judge and I'm waiting anxiously each day for my judge to rule favorably, I've been waiting almost 3 months after OPP to MTD, it's been almost half a year after I filed my WOM through lawyer, the waiting becomes another torture...
Click to expand...

Have u filed a motion of summary judgment ?
 
Folks,
I received the oath letter from USCIS today after I signed the stip. to dismiss last week. Thank you every one who contributed to this forum, Publicus and Paz and others.
my timeline is below
 
I still am not getting documents relating Al-Kudsi case. Can some post the final opinion from PACER. I dont see the case in dockets.justia.com either. Thanks. Got it through a google search. thanks
 
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Help!: Judge's Order for FRCP 26(f) Conf. for my 485 WOM case

Hi,

I filed my WOM about half a month ago and got a "Notice of Appearance" from the US Attorney and now an oder from my Judge to have a FRCP 26(f) Conference with the respondants. I'm filing the complaint Pro Se and really need your help. Anybody had the same experience and/or knows what to do in this case could you please give me your 2 cents?

Many thanks!
 
duck008 said:
Hi,

I filed my WOM about half a month ago and got a "Notice of Appearance" from the US Attorney and now an oder from my Judge to have a FRCP 26(f) Conference with the respondants. I'm filing the complaint Pro Se and really need your help. Anybody had the same experience and/or knows what to do in this case could you please give me your 2 cents?

Many thanks!
Click to expand...

"Notice of Appearance" is just a letter from the US Attorney that he will be representing the Defendants in the court.

FRCP Rule 26(f) is a conference to make sure that all the parties agree on the discovery plan. Since you have the Notice of Appearance, you know the attorney's name and number. Give him a call and ask him if we would like to discuss the issues with you before the conf. call.
 
duck008 said:
Hi,

I filed my WOM about half a month ago and got a "Notice of Appearance" from the US Attorney and now an oder from my Judge to have a FRCP 26(f) Conference with the respondants. I'm filing the complaint Pro Se and really need your help. Anybody had the same experience and/or knows what to do in this case could you please give me your 2 cents?

Many thanks!
Click to expand...

Check these two posts, you'll get a better idea about the course of action.

http://www.immigrationportal.com/showpost.php?p=1687830&postcount=11432

http://www.immigrationportal.com/showpost.php?p=1688498&postcount=11444

More likely though, AUSA will indicate that he is going to file MTD and the conference will be postponed.
 
Progresses and questions

Hi all,

Please see the end of the message for the history of my case. But in summary, I filed WOM pro se and got my name check cleared. Now I got the ADR phone conference scheduled for 7/12.

My question is what shall I do in the ADR conference? According to the letter, the options for ADR are: 1. Arbitration (non-binding or binding), 2 Early Neutral Evaluation, 3 Mediation, or to arrange Early Settlement Conference with a Magistrate Judge. Shall I accept any of the options? My gut feeling is that I should turn down any of the options.

Also the last day to file Joint Case Management Statement is 7/17. What shall I expect in it?

Thanks!


-----------------------------------------------------------------
Aug 2003: filed I-485, Fingerprinted 3 times, Numerous Infopass, name check stuck
Late March 2007: filed WOM Pro Se; wrote to First Lady; wrote for FOIPA.
5/13 2007: name check cleared (found out the date later through Infopass)
5/18 2007: AUSA told me that my name check was cleared, and want to have an extension for the case, to which I agreed. (Same time got a letter from FBI saying the letter to First Lady played a role in my name check, and they were still working my on NC. But I'm not sure if the letter to 1st Lady alone is enough.)
Early June 2007: Got USCIS Request of Evidence. Replied on 6/12 2007 and they received it on 6/15 2007
6/18 2007: end of the extension, AUSA filed an answer
7/3 2007: AUSA filed joint ADR Certification, basically saying we have not reached an ADR.
7/5 2007: got the ADR phone conference scheduling notice, phone conference scheduled for 7/12
 
Update on my status

Ninyte said:
GC-Pending, did you get an answer?
Click to expand...

Hi Guys,
Here is an update on my case:
The Defendants' response for my case was due today. I had a phone conversation with the AUSA last week to see if there was any update. He basically told me that there is no update on my namecheck and said that he can't do much about it but to check every now and then to see if it's been cleared. He asked me to give consent on another extension of time hoping that by then, the namecheck gets cleared. From that conversation I felt that the AUSA can't really do much. I specifically asked if he can request to expedite the namecheck and he said he doesn't have such authority. Anyway, I decided to give consent for another time extension. The problem is that in my district, there hasn't been any court order in favor of or against such cases. The cases that have been filed before my case are still waiting for judges to make a decision. My theory is that, even the judges want to delay judgment as long as possible in the hope that name checks gets cleared and these cases become moot.
 
Is this news good or bad?

All,

I just saw this message on www.immigration-law.com:

07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance

New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said."

The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. Additionally, such evidence may affect a huge number of mandamus action lawsuits which are pending in federal courts throughout the country. It appears that the July visa bullen fiasco has opened a pandora box and is going totally out of control and pushes the two agencies into an edge.

My question is whether this is good or bad news for us WoM litigants still awaiting NC. If USCIS has reportedly approved cases without security clearance, which of the following arguments will better serve us:

1) NC is not a mandated requirement for approving AOS applications otherwise USCIS would be in violation of the law
2) We are entitled to equal treatment as those who were approved without NC clearance

Guys, please share your thoughts.
 
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missingpa,
I took the printout of that news item for my personal records. 8 U.S.C 1255 doesn't mandate a background check on any adjustment of status applicants. As lazycis said in his opp. to MTD this is a discretionary move by the Attorney General. I intend to use this news item in my wom to argue that USCIS has indeed set precedent by approving cases without name check
 
How long after expedited

My lawyer told me 10 days ago that CIS has requested an expedite of your name check as a result of the filing of your federal case. :D Anyone has any idea how long it takes after this :confused: ? The conference call is set for mid july.

Appreiciate your help. :cool:

timeline
N400 Dec 06
Interview Apr 06
Filed suit thru lawyer in May 07
Oath????
 
plz help me

worried2007 said:
i need your help plz

i passes my citizenship test on june 18 and my 652 stated that a decision cannot be made awaiting original file?

can i sue based on ina 1447 b after 120 days and whats the chances that uscis will deny my citizenship just based on retailiation?

by the way my name check has cleared and thats based on what my congress person has foung out?

any help is greatly appreciated.
Click to expand...

any idea what should i do? plz answer me
 
worried2007 said:
any idea what should i do? plz answer me
Click to expand...

Take and infopass and find out if your name check has really cleared. Enquire about your case there. Has your interview been completed ? If your namecheck is cleared and 120 days has passed after interview then file WoM.
 
AGC4ME said:
"Notice of Appearance" is just a letter from the US Attorney that he will be representing the Defendants in the court.

FRCP Rule 26(f) is a conference to make sure that all the parties agree on the discovery plan. Since you have the Notice of Appearance, you know the attorney's name and number. Give him a call and ask him if we would like to discuss the issues with you before the conf. call.
Click to expand...

Thank you very much AGC4ME!
 
yes i complete my intrview

AGC4ME said:
Take and infopass and find out if your name check has really cleared. Enquire about your case there. Has your interview been completed ? If your namecheck is cleared and 120 days has passed after interview then file WoM.
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yes my name check have cleared and yes i completed my interview i thought i can file 1447b instead of WOM
 
worried2007 said:
yes my name check have cleared and yes i completed my interview i thought i can file 1447b instead of WOM
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It's better to use all available courses of action: 1447b, 28 USC 1361, 28 USC 1331 and 5 USC 555(b), 702,706. Look for sample complaints among winning cases. You can file a lawsuit on the 121 st day after the interview.
 
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