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

[aryin]

I need 06 Civ. 588 (PAC) case

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."

Hi Lazycis,

I want to read 06 Civ. 588 (PAC) case. This case was cited by Pool v Gonzales case. Could you post it if you have iy?

Thanks.

 

[AGC4ME]

If you amend a complaint should you send the complaint to all defendants or just to the AUSA (having already served the summons and original complaint to all the defendants).

 

[lazycis]

Hi Lazycis,

I want to read 06 Civ. 588 (PAC) case. This case was cited by Pool v Gonzales case. Could you post it if you have iy?

Thanks.

aryin,
I do have it, it is also available here:
http://www.aclu.org/images/general/asset_upload_file457_25990.pdf

 

[lazycis]

If you amend a complaint should you send the complaint to all defendants or just to the AUSA (having already served the summons and original complaint to all the defendants).

To AUSA only if you did not add new parties. And do not forget to file a copy with the clerk

 

[paz1960]

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?!

Although my comment has only theoretical value (the fact is consumed) but I have serious doubts about the likeliness that the judge would remand your case to USCIS and rule that you are the prevailing party and entitled for cost reimbursement. Because USCIS (through AUSA) signaled that they are ready now to adjudicate your husband's case (and they did this BEFORE the court ruled anything, and this is the key), you certainly would not qualify as a prevailing party. In other circuits, USCIS would simply adjudicate your case (even with a pending lawsuit)and notify the court that the case is moot.

I posted a while ago an opinion and order where the judge explains in great details how Plaintiff would qualify as prevailing party; if I didn't miss something, in a situation like yours, you would not qualify.

And USCIS (through AUSA) was right when they wrote in the joint stipulation that they are ready to adjudicate and they didn't use the word approve. You could not sue them why they didn't approve your case. See the exact wording of 1447(b).

I proposed to AUSA when he sent me a draft of the joint stipulation, to include one more sentence which gives me some extra protection (the original proposal contained a statement that USCIS approved my application and there was a copy of the first page of my N-400 form attached, with the big APPROVED stamp on it) "USCIS will schedule the oath ceremony as soon as possible but not later that 30 days after the date of the order".

In your case this sentence could be "USCIS will adjudicate the Planitiff's application as soon as possible but not later than 30 days after the order and in the case of approval, it will schedule the oath ceremony as soon as possible but not later than 30 days after the adjudication date". Remember, approval is a necessary but not sufficient step to become citizen. The process ends only when you have your oath ceremony and sign your citizenship certificate. My wife waited 5 months from approval till the oath ceremony, which was exactly two weeks after our daugther turned 18, so she didn't become automatically US citizen, she needs to apply by herself as an adult.

But these remarks are most likely only theoretical. Your husband will get his case approved as soon as USCIS gets the judge's order to dismiss the case and the oath letter will come soon.

 

[worried2007]

lazycis

aryin,
I do have it, it is also available here:
http://www.aclu.org/images/general/asset_upload_file457_25990.pdf

i passed my interview back on june 18 2007 and yet uscis stated they couldnt decide my case as they are waiting for my A file to transfer so they can consildate it with my N400 application.

however it have been 30 days now and no answe yet, went to info pass they are saying still waiting for file. My name check has cleared.

1.
what are my chances of winning by filing 1447b after the 120 days pass?

2. if the courts denied my case does that means uscis can deny my application?

3. what do u suggest in general?

4. congressperson just got me a case status and i dont think has any power over uscis delays.

 

[lazycis]

i passed my interview back on june 18 2007 and yet uscis stated they couldnt decide my case as they are waiting for my A file to transfer so they can consildate it with my N400 application.

however it have been 30 days now and no answe yet, went to info pass they are saying still waiting for file. My name check has cleared.

1.
what are my chances of winning by filing 1447b after the 120 days pass?

2. if the courts denied my case does that means uscis can deny my application?

3. what do u suggest in general?

4. congressperson just got me a case status and i dont think has any power over uscis delays.

I would not worry that much if I were you You are in a much better position than many of us (unless you have some special circumstances and you really need to become a citizen asap).

1. I think you have a very good chance at winning 1447b suit. This is the case where you can ask court to make you a citizen.

2. No. USCIS can deny it whether you file a lawsuit or not. You cannot force them to approve. But USCIS will have a difficult time denying your N-400 while lawsuit is pending.

3. I am suggesting bugging USCIS just to make you wait more bearable. Write letters to district director, USCIS director, DHS Director, CIS Ombudsman.

4. Agree that congressman cannot do much, but again, try to do what you can do - you have two senators as well, ask both of them to help.

 

[setmefree]

All,

This has been a profoundly edifying thread. I'm going to ask a lot of basic questions and if there are threads or posts that have already explained this do point me to those instead:

I just started the AOS process in June, but it is clear that I am not one of the lucky people whose name check cleared in the 72hrs Cannon, Garrity et al mention. Given that the Ombudsman's report says that out of people who are stuck 32% are stuck for more than 1 year, I figured I might as well learn how the WOM process works right away instead of hoping against hope for years before doing anything.

(1) In the AOS cases you have seen -- what was the lowest delay before filing WOM? Many of the AOS cases I saw on Pacer have delays of 2, 3 even 4 yrs before filing WOM.

(2) This is also related to the issue of "unreasonable delay."

8 USC 1571 states that "It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application." ​

(a) Have the courts accepted this argument? (I have not yet seen cases where this issue was raised).
(b) Are you aware of any other cases in which the courts have ruled that the delay was not "unreasonable" because only x months or z years had passed?​

[I did read the delicious ruling in the 5th circuit Yon Tang case, but that application was pending for almost 4 years, and the judge basically says that whatever fine line might exist between reasonable and unreasonable, this case clearly beyond the pale and clearly unreasonable.]

(3) Has the Feb 2007 memo changing the rules on expediting name checks had an effect on the govt's arguments and behavior in WOM cases?

I see a lot of cases filed in the Northern District of CA even in the months after that.

Thanks!!!

Setmefree

 

[worried2007]

yes

I would not worry that much if I were you You are in a much better position than many of us (unless you have some special circumstances and you really need to become a citizen asap).

1. I think you have a very good chance at winning 1447b suit. This is the case where you can ask court to make you a citizen.

2. No. USCIS can deny it whether you file a lawsuit or not. You cannot force them to approve. But USCIS will have a difficult time denying your N-400 while lawsuit is pending.

3. I am suggesting bugging USCIS just to make you wait more bearable. Write letters to district director, USCIS director, DHS Director, CIS Ombudsman.

4. Agree that congressman cannot do much, but again, try to do what you can do - you have two senators as well, ask both of them to help.

yes acyually i just got a degree in criminal justice and trying to apply for a federal job as a linguist,

i read some things about A file transfer and it stated that uscis can actually adjucate ur application through a T file or temporary file if ur file is not availbale but they prefer not doing so so they will be able to check how u got ur green card, how long do u think it will take before they will transfer my file and when should i start thinking lawsuit

 

[imhrb]

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."

Thanks Lazycis,

Yes this was it. My lawyer discussed this case in detail in our response to MTD, though I don't think he had quoted the things you quoted.

Thanks any ways.

 

[halotinman]

Has anyone heard of any recent successes in 1447(b) cases filed at the US District Court in the Western District of Washington? I have recently filed my civil action and received a notice on 7/16/2007 that they have assigned an assistant US attorney to deal with my case.

Thanks!

 

[duck008]

Has anyone heard of any recent successes in 1447(b) cases filed at the US District Court in the Western District of Washington? I have recently filed my civil action and received a notice on 7/16/2007 that they have assigned an assistant US attorney to deal with my case.

Thanks!

Get a pacer account and search for it.

 

[w&w]

Has anyone heard of any recent successes in 1447(b) cases filed at the US District Court in the Western District of Washington? I have recently filed my civil action and received a notice on 7/16/2007 that they have assigned an assistant US attorney to deal with my case.

Thanks!

I've been tracking AOS cases in this district but I've seen a lot of successful 1447b cases. Most of them are resolved within 2 months.

Good luck!

 

[w&w]

Thanks w&w!

Yes I am in the same district as you. In your response above, what exactly is "production of documents" mean? Could you elaborate? You also stated in the last paragraph that "I have no objection having the case assigned to a magistrate judge", do you actually mean that you do NOT want to have it assigned to a magistrate judge?

How did your conference go today. Would you mind to share more about it later?

I never got a chance to talk to my AUSA. He doesn't seem interested in taking my phone calls. Or may be he is too busy, or he thinks that it is still too early for him to talk to me. How did you get him to talk to you and what kind of questions did you ask?

Thanks again and good luck to you!

"production of documents" means asking the other party to provide certain documents. It's one of the methods in the discovery process. See chapter 11 of the CAND ProSe Handbook (http://www.cand.uscourts.gov/CAND/FAQ.nsf/60126b66e42d004888256d4e007bce29/14de5a2dfcdaa08c88256ebc0054574f/$FILE/ProSeHandbook-Rev4-06a.pdf).

I agree to have the case assigned to a magistrate judge. It doesn't really matter because the case can only be assigned to a magistrate judge if both parties agree.

The 26(f) conference was quite straightforward. We just went through every item in the court order. The AUSA told me government's opinion and I told him mine. When we didn't agree on an item, he told me to write my opinion in a document and send to him. The final report will contain both opinions on items that we don't agree.

I noticed that several cases in our district have gone to the Summary Judgment stage. In the JSR, I suggested the court to set dates for Summary Judgment. I'm hoping this will make things move faster.

 

[41906]

Hi, everyone:
I got the approval notice yesterday from USCIS for our I-485. We are very happy after 3.25 years of waiting. I filed my WOM Jan 30, 2007, MTD 4/9/07, motion hearing 5/14/07, and since then I have not heard anything from the court and AUSA. I am in NJ. While I am extremely happy that my case is approved, I am still wondering how the court will decide.

I did all the documents myself, but without this forum and all the participants and "experienced", I don't think I could do it at all. So, thank you all very much!!!

I still think doing something for your case not just waiting is worthy, even though now the situation seems to be more complicated, you have to fight for it.

I have seen a message before asking after you got approval notice and how to deal with the court and AUSA, but I could not find it. Can anybody suggest what should I do now?? I also have applied to renew my I-485 and AP this year last week and paid the money. I guess I will not be able to get the money back. But, should I still go to the Biometrics for finger print??

Thank you all again.
41906

 

[gmlvsk]

Fp

FP is done 2 years ago and EAD biometrics 6 months ago.
Is FP still considered expired and needs to be redone?
Thanks

 

[lazycis]

yes acyually i just got a degree in criminal justice and trying to apply for a federal job as a linguist,

i read some things about A file transfer and it stated that uscis can actually adjucate ur application through a T file or temporary file if ur file is not availbale but they prefer not doing so so they will be able to check how u got ur green card, how long do u think it will take before they will transfer my file and when should i start thinking lawsuit

Check this out:
http://www.usdoj.gov/oig/special/0007/bappendix.htm#adjudication

The relevant piece is:
"Reduction in Wait-Time for A-file Requests

Under current procedures, an Adjudications Officer waits for 6 months from the time the applicant's A-file was requested to conduct an interview without the applicant's file. This procedure, however, unnecessarily delays the processing of naturalization applications and, for the majority of applicants, the entire record is not necessary in order to review the events of the last five or three years (residency requirement for naturalization). Many recent events or actions can be gleaned from records checks and applications review.

As a result, this process is being changed to permit district offices to wait only 30 days for a requested file before proceeding with the interview and adjudicating the applicant's N-400 based on a temporary file. On February 21,1996, the Office of Records sent a cable (HQRECIRPB 70144.2-C) to all field offices outlining the procedures to be followed for requesting and transferring A-files, including procedures for files that cannot be requested through the Central Index System (CIS). These new procedures speed up the A-file transfer process and ultimately, the amount of time it takes to schedule an applicant for an interview.

Effective with this memorandum, an office is allowed to create a T-file after the A-file request has been pending for 30 days."

The memo was issued in 1996.

So they supposed to wait only 30 days and then they can proceed with T-file.
30 days has already passed so you can go to local office and insist that they follow procedures. Explain that you have an urgent need.
Do not say that you are going to sue just yet but be prepared to file a lawsuit on the 121st day.

 

[lazycis]

Hi, everyone:
I got the approval notice yesterday from USCIS for our I-485. We are very happy after 3.25 years of waiting. I filed my WOM Jan 30, 2007, MTD 4/9/07, motion hearing 5/14/07, and since then I have not heard anything from the court and AUSA. I am in NJ. While I am extremely happy that my case is approved, I am still wondering how the court will decide.

I did all the documents myself, but without this forum and all the participants and "experienced", I don't think I could do it at all. So, thank you all very much!!!

I still think doing something for your case not just waiting is worthy, even though now the situation seems to be more complicated, you have to fight for it.

I have seen a message before asking after you got approval notice and how to deal with the court and AUSA, but I could not find it. Can anybody suggest what should I do now?? I also have applied to renew my I-485 and AP this year last week and paid the money. I guess I will not be able to get the money back. But, should I still go to the Biometrics for finger print??

Thank you all again.
41906

First of all, congratulations! What a relief for you!
You should not worry about the lawsuit, let ASUA take care of the rest. You do not have to do anything.

I do not see why you cannot request your money back when they have not started processing of your EAD/AP yet. Call customer service and ask about it. No need to go to FP for EAD.

 

[lazycis]

FP is done 2 years ago and EAD biometrics 6 months ago.
Is FP still considered expired and needs to be redone?
Thanks

I am afraid so. There are different types of biometrics. Very efficient, huh?

 

[ams_sim]

Here is my update,
I did the oath on july 18,2007. After the AUSA told me name check cleared, I signed the stip to dismiss the same day. thanks all for the help and guidance.

N-400 interview 7/15/2006
1447 filed in San jose 5/14/2007
AUSA said namecheck cleared 6/26/2007
case dismissed: 7/03/2007
oath letter received 7/03/2007
oath 7/18/2007