Wait for all return receipts, than fill the second pages using information from the return receipts. Or you can just attach receipt to the second pages of the summons. Then file both pages with the district court. If you do not have a copy of the first page, do not worry, prepare a document titled "Proof of service", state that you are filing this as the proof that you've served the defendants and attach all the return receipts.
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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Wait for all return receipts, than fill the second pages using information from the return receipts. Or you can just attach receipt to the second pages of the summons. Then file both pages with the district court. If you do not have a copy of the first page, do not worry, prepare a document titled "Proof of service", state that you are filing this as the proof that you've served the defendants and attach all the return receipts.
I followed this example. I did not wait for the green cards to come back. Just printed the receipts from USPS web site. Check with your court if they would accept that. Sometimes it takes really long to get the green cards back.
Good luck.
summary judgement
I only filed OPP to MTD through my lawyer. Is it ok to file motion of summary judgement now before my judge rule? I also received a letter from FBI in response to my letter to First Lady Laura Bush two months ago. But unlike several other lucky members of this forum whose name check cleared after that, it seems to me this FBI letter is a standard one, saying they will get the result back to USCIS as quickly as possible, but it's been almost 4 years now, I really don't know how many more days or months I need wait before they finally clear the name check. Should I be optimistic about this 'as quickly as possible'?
I only filed OPP to MTD through my lawyer. Is it ok to file motion of summary judgement now before my judge rule? I also received a letter from FBI in response to my letter to First Lady Laura Bush two months ago. But unlike several other lucky members of this forum whose name check cleared after that, it seems to me this FBI letter is a standard one, saying they will get the result back to USCIS as quickly as possible, but it's been almost 4 years now, I really don't know how many more days or months I need wait before they finally clear the name check. Should I be optimistic about this 'as quickly as possible'?
halotinman
Registered Users (C)
Thank you so much for your quick response!
halotinman
Registered Users (C)
Wow...that is the exact example that I was looking for! It just happen that I have filed my civil action in the US District Court in Western District of Washington as well
Thanks again! Not sure if anyone has mention this yet but you guys are providing a tremendous help to a lot of people in the same circumstances like me.
Hello worried2007,
Although my case ended with a joint motion to dismiss (USCIS adjudicated my N400 appication during the first 30 days unopposed extendion requested fromt he court), I got fairly familiar with the lawsuits based on 1447(b). There were couple of successful cases in Michigan, mainly in the Detroit based Eastern Distict. I was in the Grand Rapids based Western District.
I perfectly understand your concerns, but you should know that most of this forum members also had no trouble with the law or USCIS and they still got stuck in this name check. Unfortunately the name check process gives too many false positive hits and the number of people suffering due to this is ever increasing.
Considering that there is a policy in effect that USCIS will not interview applicants till the name check is not complete (since May 2006), I assume that your name check was complete. If this is true, I think that you have a fairly good chance to avoid filing a lawsuit and if you have to go on that road, a good chance to win your case.
Of course, you should be optimistic, there is enough stress in your situation as it is. What does your lawyer says? Is it usual on unusual to wait for 3 months for a ruling? I thought MA district judges are very sympathetic to people like us. You can file for summary judgment now, but it may not be a good idea to push the judge. Lawyer should have more experience in regard to this matter. Let the lawyer talk to the judge and find out what's happening. I do not see why it would upset the judge if it is done politely.
Thanks, Lazycis, I talked to my lawyer, in fact, AUSA requested expedition of NC more than 3 months ago, and also indicated recently he would push for the NC result again. Basically my lawyer believes the judge also hopes the NC would clear soon, so he does not have to rule on my case, since each ruling becomes precedent for later cases. I try to hold positive hope especially after the very recent ruling of another very similar case in MA.
What now, NC passed, but Visa number not available?
Hi,
When I posted the attached message, I wasn't aware of the Visa Bulletin fiasco. Seems to me now I'm in a very vulnerable position, i.e. if the AUSA files MTD based on the fact that my NC is cleared, and there is no visa number available, I don't have much to fight back. Or do I?
Anyone can give any advise on what my strategy should be? Base on that strategy, what should I do at the ADR conference and in the Joint Case Management Statement?
Also, in my WOM Prayer for Relief section, I requested the Defendants to immediately adjudicate my I-485 application. Shall I change it to "requiring the Defendants to immediately adjudicate my I-485 application when the visa number is available?" If so, how can I change it?
Thanks a lot!
Hi,
When I posted the attached message, I wasn't aware of the Visa Bulletin fiasco. Seems to me now I'm in a very vulnerable position, i.e. if the AUSA files MTD based on the fact that my NC is cleared, and there is no visa number available, I don't have much to fight back. Or do I?
Anyone can give any advise on what my strategy should be? Base on that strategy, what should I do at the ADR conference and in the Joint Case Management Statement?
Also, in my WOM Prayer for Relief section, I requested the Defendants to immediately adjudicate my I-485 application. Shall I change it to "requiring the Defendants to immediately adjudicate my I-485 application when the visa number is available?" If so, how can I change it?
Thanks a lot!
Last edited by a moderator:
GC-Pending
Registered Users (C)
Hi Imhrb,
Which District court are you filing at? I have seen several cases in Virginia District court that the judges has granted MTD (both naturalization and I-485). It seems as if Virginia favors government and USCIS position in that sense. But in Maryland, I haven't yet seen any order. There are some cases pending in the court but it seems as if the judges in Maryland have not made up which side to take.
I don't agree with you on this. If your PD is current they will find a visa number for you. I don't beleve there is such a thing as no visa numbers available. Look at the immediate relative case - there is always visa numbers available for them. I don't think you should change anything based on visa number availability. If the judge tells USCIS to adjudicate your case, they will find a number.
That's just my opinion. I'm not saying it's right.
second amendment
I have a factual error in my complaint. I said I have obtained 4 EADs and in the process of applying 5th one. It should have been 3 EADs and in the process for 4th one. Anyone wants to guess how serious this factual error might be in the eyes of the court ? This doesn't change other material facts of the case though. But given that the AUSAs are now fighting I485 WoMs they might ask the court to dismiss the complaint based on factual errors.
I have a factual error in my complaint. I said I have obtained 4 EADs and in the process of applying 5th one. It should have been 3 EADs and in the process for 4th one. Anyone wants to guess how serious this factual error might be in the eyes of the court ? This doesn't change other material facts of the case though. But given that the AUSAs are now fighting I485 WoMs they might ask the court to dismiss the complaint based on factual errors.
I agree with Ninyte, you should not worry about visa bulletin if you filed a lawsuit when visa number was available.
Annamalai96
Registered Users (C)
WOM Option - Please Help !!!!!!!!!!!!!!!!!!!!
Hi Paz and Other Experts - Please Help. Following is the summary of my case.
My Greencard and My Wife's application was in USCIS Philadelphia District office. My application was approved on April 20, 2007 and My wife did not get her approval. So we went to USCIS district office on April 30, 2007 and asked the USCIS supervisor about my wife's application. The officer checked her physical file and said She was also approved and stamped her passport also. They took away our EAD cards, Advance parole etc.
On July 3rd, I received a email message from USCIS that my card is mailed but My wifes application status did not change. So we went to the USCIS and inquired about it. They said that the Computers show that my wife's case is not "Approved" and the status shows "Under Officer Review". We were surprised as they had already stamped her passport and took away EAD cards, Advance Parole etc. We showed the passport stamping to the officer for which the officer was surprised and went to look for my wife's file and the officer came back and said that she could not find the file. Now I dont know what her legal Status is. As we have already giver her EAD cards and AP to the officer on the day of the Stamping, she is not on EAD card status but a Permanent resident as per her passport stamping. But the USCIS computer shows that she is not a permanent resident as they have not updated their computer and also seems like the Philadelphia office has lost her File.
When we call Vermont center they are saying that the file is in Philadelphia office. But the Philadelphia office seems to have lost her file.
Please let me know what are my options to find out where the file is? I am really getting very anxious about her legal status given the sensitive times nowadays. My immigration attorney has adviced her not to travel because at port of entry he indicated that they will verify their computer and can make it very painful for her to enter back into U.S.
Is WOM an option to force USCIS to locate her file and update their computers.
Please help.
Annamalai
Hi Paz and Other Experts - Please Help. Following is the summary of my case.
My Greencard and My Wife's application was in USCIS Philadelphia District office. My application was approved on April 20, 2007 and My wife did not get her approval. So we went to USCIS district office on April 30, 2007 and asked the USCIS supervisor about my wife's application. The officer checked her physical file and said She was also approved and stamped her passport also. They took away our EAD cards, Advance parole etc.
On July 3rd, I received a email message from USCIS that my card is mailed but My wifes application status did not change. So we went to the USCIS and inquired about it. They said that the Computers show that my wife's case is not "Approved" and the status shows "Under Officer Review". We were surprised as they had already stamped her passport and took away EAD cards, Advance Parole etc. We showed the passport stamping to the officer for which the officer was surprised and went to look for my wife's file and the officer came back and said that she could not find the file. Now I dont know what her legal Status is. As we have already giver her EAD cards and AP to the officer on the day of the Stamping, she is not on EAD card status but a Permanent resident as per her passport stamping. But the USCIS computer shows that she is not a permanent resident as they have not updated their computer and also seems like the Philadelphia office has lost her File.
When we call Vermont center they are saying that the file is in Philadelphia office. But the Philadelphia office seems to have lost her file.
Please let me know what are my options to find out where the file is? I am really getting very anxious about her legal status given the sensitive times nowadays. My immigration attorney has adviced her not to travel because at port of entry he indicated that they will verify their computer and can make it very painful for her to enter back into U.S.
Is WOM an option to force USCIS to locate her file and update their computers.
Please help.
Annamalai
Do you know the name of the officer that stamped her passport? S/He might have her file with her EAD, AP, etc. If you do not know the name, maybe USCIS has a record whom you talked to. They should, since it was an infopass appointment.
Also, how long is the stamp valid nowadays? It used to be a year. So I would say, if you do not get her card in that period of time, then you should start worrying.
I don't think you should jump to WOM just yet. The delay is really not unreasonable. She has a stamp, so I would say she in LPR status.
FL attorney
THanks Lazycis for your response.
I am in the 7th congressional district. N-400
THanks Lazycis for your response.
I am in the 7th congressional district. N-400
Attorney in FL
You may check
Julie C. Ferguson, PA
1200 Brickell Avenue, Suite 1480
Miami, Florida 33131
Tel: (305) 358-0155
Fax: (305) 358-0133
Email: Julie@jcfimmigration.com
http://www.jcfimmigration.com
She handled Jones v Gonzales case 07-cv-20334, S.D.Fla.
It's I-485 case, but it should not matter to you.
You may check
Julie C. Ferguson, PA
1200 Brickell Avenue, Suite 1480
Miami, Florida 33131
Tel: (305) 358-0155
Fax: (305) 358-0133
Email: Julie@jcfimmigration.com
http://www.jcfimmigration.com
She handled Jones v Gonzales case 07-cv-20334, S.D.Fla.
It's I-485 case, but it should not matter to you.
Annamalai96
Registered Users (C)
The stamping is valid for 1 year. However since USCIS computer still shows her status as "NOT APPROVED". This is why I am getting worried. Any kind of verification "Employment" or while travelling, USCIS record is going to show her status as "UNAPPROVED". Even in the last USCIS INFOPASS appointment, it took us a while to convince the officer that its USCIS mistake not ours. All I want to do is set the record straight.
Can WOM be filed only for Unreasonable delays?
Thanks
Annamalai
Thanks Ninyte and lazycis.
But I really doubt that would be the case. First, it would be very hard to oppose MTD, (if they file MTD, that is.) Second if the judge rules in favor of me and the USCIS adjudicate my application when there is no visa number, it will basically invite more litigation all over the country on top of what AILF is doing. So I don't think they'll do so.
But I'll keep my fingers crossed.
BTW, my PD is not current anymore because the Visa Bulletin fiasco.
Thanks.
I think you are mistaken with respect to July Visa bulletin update. It says "No more new visa authorization will be made, as everything has been assigned to the service centers".
If you actually read between the lines, it never said its retrogressed (that means all pending application as of july 2nd) are current and they don't authorize any new visa petitions (They can't accept any new applications). This makes perfect sense.
I believe one of the reason they made it current, is to use the ROW spill over for high demand countries like India and china else it will go unused (like it happened for 2006 110K visas went unused). I think, USCIS has made a smart and bold move finally.
It also means visa numbers are availble and assigned to service center. Its now the "discretion" of each service centers how they assign and/or process the pettition. If your case is in adjudicating stage, they will adjudicate it. Just hope that whatever is stopping your case from being adjudicated is taken care like NC or security check.
Good luck