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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Snorlax,
Thank you for your encouragement and suggestions. I have proposed exactly those steps, but my lawyer strongly disagree and insist waiting on the ruling and my lawyer told that more than50% MTD across the country have been granted rather than denied, it's better to proceed carefully. That's why I don't know if it is bold to go ahead push for MSJ as AGC4ME and other members suggested or push to do the discovery as you suggested, or just simply wait.
Sometimes I wonder why we file WOM, we hope to resolve the unreasonable delay by law since we believe law is on our side. But now after filing and waiting for 7 months, it seems this WOM is really another waiting game.
Since your lawyer and AUSA seem to be in touch with each other, can your lawyer ask AUSA if CIS did anything on your case ? Sometimes these AUSAs work things out with Judges saying that CIS is working on it actively and hence the case might become moot.
My lawyer contact the court periodically and has been told the same that judge is aware of the pending MTD and is still under advisery.
Since your lawyer and AUSA seem to be in touch with each other, can your lawyer ask AUSA if CIS did anything on your case ? Sometimes these AUSAs work things out with Judges saying that CIS is working on it actively and hence the case might become moot.
Divorce by itself no longer is a factor in establishing Good Moral Character (GMC). According to the Adjudicator's Field Manual, the USCIS may legitimately have a second look at divorce cases on marriage-based petitions if a divorce occurs soon after a case is approved.Sorry to hear about your situation. Divorce may have an adverse effect as you have to prove "good moral character". Not sure what to advise. If possible, preserve your marriage. I do not believe you have to inform the USCIS or mention it in the interview unless specifically asked about you marriage status. When asked, though, be truthful.
Mercury369
Registered Users (C)
Mercury369,
Congratulations! Can you share which state you filed?
Bou,
I went through the same process of waiting for judge's ruling on MTD as you, you may find it from my timeline, even I am not in the same state as you. However, it took only 2 weeks for FBI and USCIS to finish my case after AUSA sent out the request. You may want to ask your AUSA to double check if USCIS received his/her request.
Hope you receive your approval soon! PM me if you I can be of any more help.
Mercury369,
Thank you, I'll check with AUSA. I don't know how long it takes to expedite a name nowadays, according to AUSA he asked for expedition back in April, why it takes so long even after his request (I hope he really requested)
Thank you, I'll check with AUSA. I don't know how long it takes to expedite a name nowadays, according to AUSA he asked for expedition back in April, why it takes so long even after his request (I hope he really requested)
Bou,
I went through the same process of waiting for judge's ruling on MTD as you, you may find it from my timeline, even I am not in the same state as you. However, it took only 2 weeks for FBI and USCIS to finish my case after AUSA sent out the request. You may want to ask your AUSA to double check if USCIS received his/her request.
Hope you receive your approval soon! PM me if you I can be of any more help.
confirmation if expedited NC request was approved?
After your AUSA requested for expedited name check, did he confirm later on that USCIS approved the expedited request, and that USCIS made the expedited request to FBI? In my case, back in April, AUSA had requested for expedited name check, but he told me later on that USCIS did not approve the expedited request, as my case was similar to a multitude of other cases for which they do not expedite the name check these days. Was your case in some way special? Or is it that USCIS has re-started making expedited requests for AOS and N-400 no-interview cases?
Mercury369,I went through the same process of waiting for judge's ruling on MTD as you, you may find it from my timeline, even I am not in the same state as you. However, it took only 2 weeks for FBI and USCIS to finish my case after AUSA sent out the request. You may want to ask your AUSA to double check if USCIS received his/her request.
After your AUSA requested for expedited name check, did he confirm later on that USCIS approved the expedited request, and that USCIS made the expedited request to FBI? In my case, back in April, AUSA had requested for expedited name check, but he told me later on that USCIS did not approve the expedited request, as my case was similar to a multitude of other cases for which they do not expedite the name check these days. Was your case in some way special? Or is it that USCIS has re-started making expedited requests for AOS and N-400 no-interview cases?
Mercury369
Registered Users (C)
MT100,
No, I do not think AUSA sent the expedition request due to my case is special. I was told nowadays, although NC expedite can not be automatically triggered by filing case in federal court, however, AUSA still can request limited amount request. And this is the case for my situation, my application approved in less than 2 weeks after the request was sent. So AUSA played a big role and contributed great to the approval of my 485.
I guess if your court already scheduled the case management conference for your case, AUSA and USCIS will feel the pressure, you know they do not like it. You may want to push them a little bit more.
Anyway, good luck and I am sure yours is not far from final approval.
No, I do not think AUSA sent the expedition request due to my case is special. I was told nowadays, although NC expedite can not be automatically triggered by filing case in federal court, however, AUSA still can request limited amount request. And this is the case for my situation, my application approved in less than 2 weeks after the request was sent. So AUSA played a big role and contributed great to the approval of my 485.
I guess if your court already scheduled the case management conference for your case, AUSA and USCIS will feel the pressure, you know they do not like it. You may want to push them a little bit more.
Anyway, good luck and I am sure yours is not far from final approval.
Mercury369,
After your AUSA requested for expedited name check, did he confirm later on that USCIS approved the expedited request, and that USCIS made the expedited request to FBI? In my case, back in April, AUSA had requested for expedited name check, but he told me later on that USCIS did not approve the expedited request, as my case was similar to a multitude of other cases for which they do not expedite the name check these days. Was your case in some way special? Or is it that USCIS has re-started making expedited requests for AOS and N-400 no-interview cases?
Hi Bou:Mercury369,
Thank you, I'll check with AUSA. I don't know how long it takes to expedite a name nowadays, according to AUSA he asked for expedition back in April, why it takes so long even after his request (I hope he really requested)
If you call the AUSA directly, s/he would probably tell that going around your lawyer is unethical, etc. If you were in 9th Circuit I would suggest considering firing your lawyer and hiring another one. If you trust your lawyer – it is better to follow his/her advice.
Getting second opinion might be the thing to try – first consultation is usually free – if you could find another lawyer and describe them your situation - they might be able to at least tell you if your lawyer's caution is warranted. This does not work in small cities though, where all lawyers know each other personally.
Best of luck,
snorlax
Snorlax,
Thank you for your suggestions. I contacted my lawyer expressed my concerns about the expedition request approval (at least according to one member here, USCIS did not approve the request) and he will check with AUSA.
Thank you for your suggestions. I contacted my lawyer expressed my concerns about the expedition request approval (at least according to one member here, USCIS did not approve the request) and he will check with AUSA.
Hi Bou:
If you call the AUSA directly, s/he would probably tell that going around your lawyer is unethical, etc. If you were in 9th Circuit I would suggest considering firing your lawyer and hiring another one. If you trust your lawyer – it is better to follow his/her advice.
Getting second opinion might be the thing to try – first consultation is usually free – if you could find another lawyer and describe them your situation - they might be able to at least tell you if your lawyer's caution is warranted. This does not work in small cities though, where all lawyers know each other personally.
Best of luck,
snorlax
BTW how do you quote Liu v. Chertoff in the legal documents. Westlaw has this 2007 WL 2023548 E.D.Cal. Jul 11, 2007 for the MTD denied document. Can we use the same format and change the date for Summary Judgment ?
No, westlaw assigns a different number to each doc. I could not find it in westlaw. It takes a couple weeks for opinion to appear. You can cite it using case #, ruling description, docket entry # and date.
Last edited by a moderator:
lazycis,
I'm still going through your brief. looks good so far. I have a question on the Prayer for relief. In MSJ can you request a relief not requested in your original complaint ?
Yes, but only if you are not asking for more than in original complaint. It's OK to ask for more specific relief in MSJ.
Yes, but only if you are not asking for more than in original complaint. It's OK to ask for more specific relief in MSJ.
Hi Lazycis,
I am writing my brief based on yours. But it is supposed to be more simplified, as the Order is very rough and short. I identified all the sentences from the MTD. Actually, I am filling out the Informal Brief form.
I have one question, hope to get your advice.
I am wondering if I have the right to request the Cir. court to adjudicate my case directly, instead of remanding to the district court.
Thank you very much.
No, westlaw assigns a different number to each doc. I could not find it in westlaw. It takes a couple weeks for opinion to appear. You can cite it using case #, ruling description, docket entry # and date.
Can we refer to orders denying MTDs in our MSJs ?
Hi Lazycis,
I am writing my brief based on yours. But it is supposed to be more simplified, as the Order is very rough and short. I identified all the sentences from the MTD. Actually, I am filling out the Informal Brief form.
I have one question, hope to get your advice.
I am wondering if I have the right to request the Cir. court to adjudicate my case directly, instead of remanding to the district court.
Thank you very much.
Hey xiaocao,
I do not think you can do that because the final decision to grant or deny AOS is not directly reviewable by appellate courts.
Can we refer to orders denying MTDs in our MSJs ?
Of course. Cases where the judge ordered the USCIS to adjudicate AOS within a particular timeframe are especially usefull for this purpose.
Alberto Gonzales Resigns
On Friday, I serve a summons on Attorney General Alberto Gonzales via mail. On that day, according to today's news, he resigns. Rumors are swirling that Chertoff will replace him, who I also serve as Sec of DHS.
Does anyone know if that affects my case, i.e. will it have to amended once the changes are known?
TIA
On Friday, I serve a summons on Attorney General Alberto Gonzales via mail. On that day, according to today's news, he resigns. Rumors are swirling that Chertoff will replace him, who I also serve as Sec of DHS.
Does anyone know if that affects my case, i.e. will it have to amended once the changes are known?
TIA
Stats32
IMO you don't have to do anything, for you are not serving Alberto Gonzalez the person but his office. It doesn't matter who sits there. The defense will let the court know that Alberto Gonzalez is no longer the boss at DOJ. What is more important is to serve your local AUSA.
IMO you don't have to do anything, for you are not serving Alberto Gonzalez the person but his office. It doesn't matter who sits there. The defense will let the court know that Alberto Gonzalez is no longer the boss at DOJ. What is more important is to serve your local AUSA.