Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
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Nifty 97,
That's why I said I didn't think you can follow that-it was more of a wishful thinking on my part (like, if you could push appeals court to set precedent by ruling anyway)> I agree, it won't work in your case and now, in my husband's case either: I can't insist to keep the case in court once CIS said they are ready to adjudicate. If I do, judge would simply throw away our case back to CIS and be angry with us for wasting court's time. So you are right.
But one thing about negating the agreement-like the paralegal today confirmed to me: if you dismiss you case "without prejudice" it means not only that you can file the case again, but in case they break their promise to you, you can come back to court with the same complaint and judge will consider it. So you don't have to file again and pay-you can re-open your old case.
So good luck and congratulations, I am happy for you!
Shvili,
This is it, you are almost there! I'd change dismiss to remand (so that you could potentially recover filing fee under EAJA), but it does not really matter. You probably want to forget about the whole ordeal asap. After all, you did everything pro se so you did not spend much money. That's what I call "more bang for your buck"!
Enjoy your victory!
Desertbird
Registered Users (C)
Do not pass this opportunity-this will help us!
Great opportunity for us who stuck in the FBI name check to let the politicians, media and the American people know what kind of pain we are going through.
On July 23rd, CNN and Youtube will host a debate which features the Democratic presidential candidates. If every one of us make a video and submit to Youtube and say the same topic - FBI name check, the Youtube and CNN team will notice this topic and will ask the candidates to answer this question -- how will you make FBI be more responsive to the name check? By feature this question on the debate, more and more people will pay attention to this topic.
I am not good at words. If someone can write a script and every one of us can follow the script and make some minor changes and submit the video, that would be great. Also, when you submit your video, please post you video’s link on immigration.com and all of us should go watch the video. This way, your video will have many "views" which will help get politicians, media and people's attention.
The deadline to submit the video is July 22nd, but the earlier, the better, so you can have more "views". It is a great opportunity to make a difference for your own pending case! Do not let this opportunity pass!
http://www.youtube.com/debates
http://www.youtube.com/watch?v=A1x85nJ_Zbg
Great opportunity for us who stuck in the FBI name check to let the politicians, media and the American people know what kind of pain we are going through.
On July 23rd, CNN and Youtube will host a debate which features the Democratic presidential candidates. If every one of us make a video and submit to Youtube and say the same topic - FBI name check, the Youtube and CNN team will notice this topic and will ask the candidates to answer this question -- how will you make FBI be more responsive to the name check? By feature this question on the debate, more and more people will pay attention to this topic.
I am not good at words. If someone can write a script and every one of us can follow the script and make some minor changes and submit the video, that would be great. Also, when you submit your video, please post you video’s link on immigration.com and all of us should go watch the video. This way, your video will have many "views" which will help get politicians, media and people's attention.
The deadline to submit the video is July 22nd, but the earlier, the better, so you can have more "views". It is a great opportunity to make a difference for your own pending case! Do not let this opportunity pass!
http://www.youtube.com/debates
http://www.youtube.com/watch?v=A1x85nJ_Zbg
Selecting the Local District Office for the Oath
I have a question about the procedure of administering the Oath of Allegiance, and I think this thread counts quite a few knowledgeable folks.
While I am waiting for the interview, I am investigating the possibility under Sec. 310. [8 U.S.C. 1421] to inform the IO at the interview of getting the Oath at the District Court serving my residence (14B District Court in Washtenaw Couny) instead of Detroit Convention Center, which is 45 miles away from my residence.
Link to 8 U.S.C. 1421: http://law.onecle.com/uscode/8/1421.html
Prior to telling the IO about this request, I would like to do my homework and was wondering whether I should first contact this District Court to determine whether I can schedule to have the Oath Ceremony at their location. I am aware of the fact that this may slow down a little the processing of my case after the interview. Still, I am wondering whether anyone has experience about selecting the court to administer the Oath?
P.S.: I do not have a lawsuit related to my N-400. THis is just an inquiry about the procedure.
I have a question about the procedure of administering the Oath of Allegiance, and I think this thread counts quite a few knowledgeable folks.
While I am waiting for the interview, I am investigating the possibility under Sec. 310. [8 U.S.C. 1421] to inform the IO at the interview of getting the Oath at the District Court serving my residence (14B District Court in Washtenaw Couny) instead of Detroit Convention Center, which is 45 miles away from my residence.
Link to 8 U.S.C. 1421: http://law.onecle.com/uscode/8/1421.html
Prior to telling the IO about this request, I would like to do my homework and was wondering whether I should first contact this District Court to determine whether I can schedule to have the Oath Ceremony at their location. I am aware of the fact that this may slow down a little the processing of my case after the interview. Still, I am wondering whether anyone has experience about selecting the court to administer the Oath?
P.S.: I do not have a lawsuit related to my N-400. THis is just an inquiry about the procedure.
Congratulations on your victory
Hi shvili,
Congratulations on your well-deserved victory! I am so happy for you. And thanks for the help you gave me. Enjoy your new lives as citizens and I hope you will vote come November 2008!
Hi shvili,
Congratulations on your well-deserved victory! I am so happy for you. And thanks for the help you gave me. Enjoy your new lives as citizens and I hope you will vote come November 2008!
GC-PENDING,
thank you for your comment, it really helps to see a wider picture. What I think may happen here, in Naturalization cases (and may be in just the long ones) the CIS agrees to request to expedite ncs. So they also repeat FPs =done in conjunction with nc and so they speed up the decision.
In GC cases they do not expedite on regular basis, just sometimes, but they repeat FP if they either plan to expedite or already expedited nc or simply hope it clears on its own. Their main goal should be saving money-so they try to do it before extra AUSA work is involved, if possible (and so before the court deadlines). Perhaps in your case they did it also because FP expired and they want to have them ready in case your nc comes. So in GC cases there may be no correlation at all due to lack of nc expedite policy.
Perhaps they aren't ready to FP (can't get it ok-ed to expedite) But in your case, I really hope judge rules in your favor!
Lazycis,
perhaps it's a policy in N-400 cases and lack of it in GC cases (see my thoughts above). They still must update your FP and hope your nc also clears. (-how it looks like to me). By hey, in your case your decision is near, let's hope they have to act after your Appeals judge rules!
Thank you Bou! I hope so-let's see how fast CIS contacts us (it's 30 days after the judge signs the order-probably by this Friday) We'll see..
I feel ashamed it didn't cross my mind (about requesting remand instead of dismiss)
Now it's too late-my husband signed and faxed the forms. On the other hand-the probability that we'd push for fees reimbursement is next to nothing, and I just signed because this is the standard form signed in our district-even other USAs use the same form template to sign. But I still wish I thought of this before-where were you 5 hrs ago?!Missingpa,
thank you for your kind words! Yeah, my husband will definitely vote as soon as he can, you can bet on it
Still his oath isn't here yet, and I'm superstitious and not celebrating yet. I'll post when he is sworn. I'll hang around to see more victories and I hope your Opposition helps and judge decides for you! Please post your developments!lazycis,
Where did you get this from? According to the current bulletin, it's unavailable for all categories. I'm confused.
It's simple: go to http://www.uscis.gov/
Here is a direct link to the announcement:
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
August is a different story, but we are not there yet
another MTD denied in NJ (I-485)
Hey imhrb,
You were right! Here is the order for the other case: Pool v. Gonzales, 2007 WL 1613272 (D.N.J. June 01, 2007)
The judge made an interesting remark about "jumping in front of the line" argument: "However, in this particular case, at this stage of the proceedings, it is unclear whether Plaintiffs are waiting in line at all, or merely lost in a bureaucratic shuffle."
Hey imhrb,
You were right! Here is the order for the other case: Pool v. Gonzales, 2007 WL 1613272 (D.N.J. June 01, 2007)
The judge made an interesting remark about "jumping in front of the line" argument: "However, in this particular case, at this stage of the proceedings, it is unclear whether Plaintiffs are waiting in line at all, or merely lost in a bureaucratic shuffle."
It's simple: go to http://www.uscis.gov/
Here is a direct link to the announcement:
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
August is a different story, but we are not there yet
Then would it make sense to amend my case to include this pdf file as an exhibit to support the argument that this case is very time sensitive? What would you phrase in a JSR to force USCIS to adjudicate your case even after August? I'm just throwing some thoughts here.
I would definitely use the visa bulletin situation to ask for expedited ruling in all AOS cases. Because if it does not happen in July, we will face gigantic retrogression come October.
What stage are you in? I am not certain about your situation. It's obvoius that the case is time-sensitive. Can you ask CIS to put aside a visa number in your JSR? Probably not. However, there should be a way to force CIS to adjudicate case no matter what if court finds that CIS violated their own rules and regulations.
I filed my 485 3.5 years ago and has been stuck in name check for over 2.5 years. Filed my complaint late last month and is waiting for JSR conference mid next month. With this new mess, I feel like I'm dead in the mud already. Your suggestion to ask CIS to put aside a visa number in my JSR is a good one to try but I'm afraid it would be too late for me to put it into the JSR in August.
Do not worry, you did file your lawsuit when a visa number was available. In that case the court can order the government to find a visa number if you prove affirmative misconduct by the FBI/USCIS. I am doing some legal research on affirmative misconduct currently, will keep you posted.
Do you realize you probably know more about these stuff than about 75% of immigration lawyers ? :-0). You should be conferred an honorary law degree. BTW howz ur appeal going ?
Thanks lazycis! Cannot wait to hear your findings.