Since you are in the appeals court, I'm not sure if there's a separate discovery phase for you to request documents. Even otherwise I don't recommend requesting documents as it's a lot of work reading through them. ..
AGC4ME,
Thank you so much for your explanation and advice.
Xiaocao
Xiaocao,
You cannot do the same request as AGC4ME at this stage....
Thank you so much for your concern and your advice. I do appreciate your help and kindness.
Actually, I have done the FOIPA request one year ago.
I do not know how many steps for a name chack they usually take. They never gave us any detail about our name checks.
Xiaocao
Dear AGC4ME,iv2101,
Let me understand the case here. You applied for your second I-485 which was denied because USCIS believes you accrued 224 days of unlawful presence when your first I-485 was denied. if your second I-485 has been denied you'll have to first use the administrative procedures. Did you appeal to BIA ? Have you gone through the Immigration Judge ? Only after this can you file a suit in the court.
Dear AGC4ME,
Our first I140 filed for me as primary beneficiary as a researcher of outstanding abilities, I485s for all family members were filed concurrently. I140 was denied and that's why I485s were denied, too. At the time of filing I had F1, kids had F2 and my husband had H1B. When my petition was denied, my husband's job immediately filed for a new H1B for him which was approved (premium processing) and we left the country and got H1 and H4s respectfully. Then his job filed I140 for him. This time we waited for its approval before filing the I485. When the I140 was approved we filed for adjustment of status. We have never worked illegally, nor have accrued 180 days of unlawful presence.
We are in H1 and H4 status now, we cannot appeal at BIA (the last sentence of the denial is "The regulations do not provide for an appeal to this decision") nor go to immigration judge since we are not in removal.
We have filed for the MOTIC requesting expeditious correction of the service error, it was submitted through a congressman's office and they got on July 23. the head of the constituent service said she saw to it be put into the system on the same date and that they told her it would be resolved in 30 days. They still have not open the case and there is no time frame for the MOTICs. Our status expires on March 31, 2008, there is not much time left.
Dear all,
I am trying to convince my employer to write a letter to FBI request expediting my name check. I want to know who is the person in charge of our name checks. I do not know what is the effective way to push FBI to expediate processing my name check.
Although I have asked my AUSA for help on pushing FBI, he does not think there is any delay on my case (more than four year pending under my name check).
Does anyone know that William L Hooton is still the Assistant Director in Records Management Division?
Many thanks in advance for your reply.
Xiaocao
Dear Friends, now I desperately need your help. I-130 was approved in 2003, I-485 is pending for more than 4 years because of FBI namecheck. I filed WOM in May 2007; AUSA filed MTD in August; I filed Opposition to MTD in August; on September 7 AUSA filed opposition to my opposition to MTD. Here I enclosed the last two documents as pdf files. I do not know what to do next. Should I file another 20 pages long opposition to opposition to ...etc? I am really bored with this because this is just senseless tautology, waist of paper. What do you think?
Should I file short MSJ instead? Or just short brief in opposition followed by MSJ?
Courts in Georgia are not as bad as in Maryland and not as good as in California.
Please, advice me what would be the best way to construct the response?
Thank you from the bottom of my heart, friends, good luck to all of you.
I have a question about serving.. I haven't sent out the copy of "Notice of availability of magistrate judge" paper and copy of the list with all judges from our District, which I received together with summons. These papers didn't seem important to me.
Shall I ignore it ? or should I resend the complaint+summons+ plus above additional papers again ?
I'm afraid that someone can claim that they haven't been serviced properly and cause some more delay and problems.
The handbook states that everything from clerk's office should be sent to defendants.
Lazycis and other members,
Through Infopass, the IO told us my wife's name check was clear. Should I still need to list my wife as a plaintiff in the WOM process for AOS? I really appreciate your advice.
Best regards,
Pengdi
xiaocao,
Isn't yours in appeal stage already ? Just wait for the appellate court's decision. But to answer your question, yes William Hooton is still in charge. But it might be worthwhile to include Michael Cannon.
Xiaocao,
I wrote to both Hooton and Cannon and did not get any response. Maybe employer letter will have more weight. I suggest writing to FBI agent in charge for your district and to Mr. Mueller.