thank you very much!
Is there any adverse effect for magistrate judge? What's your suggestion? sign it or not?
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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thank you very much!
Is there any adverse effect for magistrate judge? What's your suggestion? sign it or not?
I received an e-mail from CRIS this morning saying my I-485 pertition is approved. But my lawyer doesn't know about it. Then I forwarded him the e-mail and he checked with AUSA and the response was it is true. So, I am glad the whole thing is finished, but at the same time, I have a feeling that the law-suit didn't really trigger the result since both my lawyer and AUSA didn't know before me. 
Also, AUSA filed objection to the court against the judge's recommendation on Monday.
Anyways, today is the day to celebrate.
Also, AUSA filed objection to the court against the judge's recommendation on Monday. Anyways, today is the day to celebrate.
I received an e-mail from CRIS this morning saying my I-485 pertition is approved. But my lawyer doesn't know about it. Then I forwarded him the e-mail and he checked with AUSA and the response was it is true. So, I am glad the whole thing is finished, but at the same time, I have a feeling that the law-suit didn't really trigger the result since both my lawyer and AUSA didn't know before me.
Anyways, today is the day to celebrate.
Make no mistake, your lawsuit triggered it. The main reason AUSA filed the objections to F&R was because he wasn't sure that he could resolve your case within 30 days. If u read his objections, he just recycled most of his arguments and finally he said that the 30 day limit was unfair. By filing an objection he gets a little bit more time.
Congrat to xiaocao, Question for Lazycis
Congratulations to you xiaocao, we are very happy for you.
With regard to the closure of the case, I had a thought and I want Lazycis or others comment. My understanding is that the court of appeal in your case is supposed to reconsider the question of the subject matter jurisdiction and your appeal does not involve the secondary questions regarding the merits of your claims and the relief requested. Obviously, your case would be moot with regard to the latter (relief and merits). Therefore, I totally understand that your case in the district level would be moot since your case is adjudicated.
But the subject matter jurisdiction which is under consideration by the appellate court can still be addressed.
If my argument makes sense, then it might be a good idea to stay the course and continue the appeal since you have already paid the filing fees and prepared some of your briefs. Furthermore, you can have AILF/AILA to file Amicus Curiae brief on your behalf so you would not have to bother preparing your stuff. But in the end, you might be able to solve the problem of the 4th circuit all together and become the hero of VA, MD, NC, SC, WV.
Congratulations to you xiaocao, we are very happy for you.
With regard to the closure of the case, I had a thought and I want Lazycis or others comment. My understanding is that the court of appeal in your case is supposed to reconsider the question of the subject matter jurisdiction and your appeal does not involve the secondary questions regarding the merits of your claims and the relief requested. Obviously, your case would be moot with regard to the latter (relief and merits). Therefore, I totally understand that your case in the district level would be moot since your case is adjudicated.
But the subject matter jurisdiction which is under consideration by the appellate court can still be addressed.
If my argument makes sense, then it might be a good idea to stay the course and continue the appeal since you have already paid the filing fees and prepared some of your briefs. Furthermore, you can have AILF/AILA to file Amicus Curiae brief on your behalf so you would not have to bother preparing your stuff. But in the end, you might be able to solve the problem of the 4th circuit all together and become the hero of VA, MD, NC, SC, WV.
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It's probably the last thing on xiaocao's mind at this time, but this is a good question. Under Article III of the US Constitition, federal courts may only entertain actual "cases" or "controversies". The only exclusion from this rule are cases that are "capable of repetition yet evading review". Every kind of case is, as a literal matter, capable of repetition, but to qualify for the mootness exception, there must be some reason to think that cases will continually become moot before the legal system has had time to issue a final ruling. See Roe v. Wade, 410 U.S. 113 (1973). I will try to continue my appeal even if the USCIS makes a decison upon my application based on the mootness exception (that the USCIS acts before the court issues a decision). It may not work, but I'm willing to try (not to be a hero, just do not want my effort go to waste).
This is not to say that everybody should do the same
Congratulations to both xiaocao and yvesliu! Your approvals are very encouraging! My name check pending since late 2003, and filed WOM later January this year and still waiting for judge's ruling on MTD which was filed in april, I'm very frustrated about my case, this almost 6 months waiting for the ruling is very stressful, AUSA told he requested expedited name check twice in the past, and I wrote letters to congressman, first lady, FBI, USCIS director, ombudsman, anyone I can think of, but seems my case is DEAD, absolutely nothing happens no matter what I do, and my lagal fees pile up to 4,000$ now and can go up a lot higher if we need court hearing and my lawyer's pushing for it, I don't know what todo.
I received an e-mail from CRIS this morning saying my I-485 pertition is approved. But my lawyer doesn't know about it. Then I forwarded him the e-mail and he checked with AUSA and the response was it is true. So, I am glad the whole thing is finished, but at the same time, I have a feeling that the law-suit didn't really trigger the result since both my lawyer and AUSA didn't know before me.
Anyways, today is the day to celebrate.
Bou,
Thank you.
I totally understand you, as my case had been pending for more than 4 years and the district court dismissed my case for both of the two reasons. Our AUSA is very unfriendly. I only had chance to reach him and talk with him through phone once. He never retruned my call even I left message for me. He refused to ask CIS for expediating my case, as he claimed that the goverment does not have the duty to process my case at any particular pace. I was also very frustrated on the situation of our petitions.
But what I had done was that I was keeping bugging him through email every another week and showed the hint that I would definitely go to supreme Court if he was trying to convince the 4th Cri to dissmiss my case again, because I believe the delay is reasonable, and I have clear right to get my case decided within reasonable time. And I had also attached the last positive cases to him when I emailed. Finally, probably, he got tired, and asked CIS for expediating my case. He did not write the reply to response my Brief, that was why their reply got three days delay to reach me. I asked him yeaterday when he called me.
Please do not be that frustrated.
This is wonderful news, my friend! The Sun is shining again
Thank you for your congratulations, Lazycis, AGC4ME, Liuym, man400, Lenaf...
I have prayed for all of you. I do hope that your petitions will be granted very soon.
Please don't give up and try not to be upset. I believe if I won this game, anyone can win it.
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what does this email mean ?
On September 24, 2007, a duplicate notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. If this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. If this case is still pending, we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
On September 24, 2007, a duplicate notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. If this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. If this case is still pending, we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
it seems like they decided to change ur service center to nebraska
2nd finger prints
I-485 pending since Oct 2005
WOM April 07
MTD July 07
Opp to MTD Aug 07
today i received a notice for a 2nd finger printing appointment in 3 weeks... i read that this could be just routine procedure, but this is the first time i get such a notice to renew my finger prints, even though the original ones were taken 22 months ago.. any comments?
I-485 pending since Oct 2005
WOM April 07
MTD July 07
Opp to MTD Aug 07
today i received a notice for a 2nd finger printing appointment in 3 weeks... i read that this could be just routine procedure, but this is the first time i get such a notice to renew my finger prints, even though the original ones were taken 22 months ago.. any comments?
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It's been at Nebraska since day one.
not a clue
It was at the NSC to begin with. They sent a notice so that AUSA can say that the USCIS is acting upon AGC4Me's appication.
It was at the NSC to begin with. They sent a notice so that AUSA can say that the USCIS is acting upon AGC4Me's appication.
Approved
Just received this email from AUSA
Congratulations! Your I-485 application was approved (see attached). I understand Ms. XXX’s application is currently under review. I hope you will agree to dismiss the lawsuit once both applications are adjudicated.
Thanks,
Just received this email from AUSA
Congratulations! Your I-485 application was approved (see attached). I understand Ms. XXX’s application is currently under review. I hope you will agree to dismiss the lawsuit once both applications are adjudicated.
Thanks,
Congratulations!!! They did find a visa number for you! At this rate, I'll be talking to myself soon because I'll be the only one left. Time to move to the 9th Circuit.
Anyway, I am sure your lawsuit was not the reason for speedy resolution.
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Thanks Bou and lazycis
I guess they allocated the visa numbers back in July. I had two luds on my case and my wife's case on 26th of July. Then my wife's case was sent to local office for interview. lazycis you'll always find me to talk to. Most of us owe our approvals to people like you, paz, shvili etc. Bou, you should seriously file MSJ. I think my MSJ is what finally moved the things.
I guess they allocated the visa numbers back in July. I had two luds on my case and my wife's case on 26th of July. Then my wife's case was sent to local office for interview. lazycis you'll always find me to talk to. Most of us owe our approvals to people like you, paz, shvili etc. Bou, you should seriously file MSJ. I think my MSJ is what finally moved the things.