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

Congratulations AGC4ME

lazycis said:
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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Congratulations to AGC4ME on your approval. Your hard work finally paid off. Before you disappear from this forum and start enjoying a happy life, I think we should try to find a place to post all the opinions/orders that you were collecting so the next generation can use them.

And Lazycis, you should not be worried about being alone here. Most probably, the judge will grant MTD on my case :mad: within a few days and I will become your counterpart on the 6th circuit court of appeals.

And finally, we should request Xiacao not to voluntarily dismiss the case. In case he is understandably tired of dealing with it, he can contact the AILF and they will be more than happy to take over the jurisdictional discussion.

I actually called the AILF and they said they are interested in looking at the case in the 4th circuit. For that matter they need to look at Xiacao case and his briefs. Xiacao, if you are interested in contacting AILF please let me know.
 
Hiram said:
did u guys have to do a 2nd finger print before u got your I 485 approved?
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I think I have done about 4 fingerprints towards the I485 application. Since you said you gave your fingerprints 22 months back, I'm pretty sure this fingerprint is a result your WoM. Had it been an automatic FP it should have come 7 months earlier. It could be a good indication that approval might come soon but don't hold your breath.
 
AGC4ME said:
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,
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Wow, that happened so quickly ! Congratulations ! I know the whole thing was never ending for you, but for me it came as a surprise !
I'm so glad we are handling the cases one at a time, and succeed.
 
Hi AGC4ME, Last week I convinced my lawyer who finally filed something with the court to urge the judge to do something, to rule or give us the chance like court hearing so to move the case forward, I've been painfully waiting for judge's rule for almost 6 months. My lawyer has his own strategy, I guess that's the drawback when you have a lawyer, you spend the hard earned $$$, but you have to choose to trust him/her. I think I'll wait a bit and will urge to file MSJ or something equivalent. Please pray for me.

AGC4ME said:
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.
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question

from the day the AUSA files the MTD or from the day we file and Opp to MTD, how long would it take for the judge to take action?
 
Good news for citizenship cases in the 4th circuit

I was talking to my AUSA to convince him to expedite my AOS name check. He refused to do it for my case but said that if my case was a citizenship case, he would have been able to request name check expedite because of an appeal case ruling in the 4th circuit.

So, bottom line, if you have a citizenship case that has been pending for more than 120 days and you are in the 4th circuit court (Maryland, Virginia, etc) don't hesitate to file the lawsuit.
 
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Hiram said:
from the day the AUSA files the MTD or from the day we file and Opp to MTD, how long would it take for the judge to take action?
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Have you had scheduling conference yet ? It is in this conference do the courts usually set a timeline for various dispositive motions. Frankly the Judge is under no time pressure to rule on Opp to MTD. It all depends on the individual judge and local rules. I would suggest that you file MSJ. MSJ will spur the court to set a timeline for the defendants to reply and for you to reply to the defendant's reply and then the court has to rule on the MSJ. Again the number of days is governed by local rules.
 
lenaf said:
Wow, that happened so quickly ! Congratulations ! I know the whole thing was never ending for you, but for me it came as a surprise !
I'm so glad we are handling the cases one at a time, and succeed.
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Thanks lenaf. It was kinda surprising for me too. The AUSA is working overtime to moot the case.
 
change of venue

lazycis said:
That's a good point. Yes, it is possible to file the same case in another district. And it is not necessary to move. For example, if an application is pending in VSC, you can file a case in Vermont district, etc. In fact, it does not matter where you live if you are not a permanent resident to establish the proper venue.
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Hi LazyCIS,

I am trying to strategize my case and I hope, you and other members of the forum can help with your thoughts and suggestions. My case is AOS and I live in Maryland but work in Washington DC. Maryland is not a friendly state for AOS wom cases (neither the 4th circuit). I am planning to move to Washington DC in a couple of months. I have seen a favorable case in the District of Columbia which made me think of refiling my case in DC. Here are the options that I'm looking at but I'm not sure which one makes sense:

1. Voluntarily dismissing my case and then file again in DC

2. Continuing with my case even though there is a good chance it might be dismissed (I'm at the stage of preparing my response to MTD). However, my judge hasn't had any kind of ruling - favorable or not - on wom cases so far. So there is a slight chance that he might not be as pro-government as the other judges.

3. Convincing my AUSA to accept change of venue and file a joint motion to change venue. This is hard because I'm not sure when I'll move to DC and since the AUSA has already filed the MTD, there might not be any incentive for him to accept it.

I have heard from several people that judges scrutinize change of venue or filling a case in different district as they consider it "forum shopping". Have you heard anything about it? My case is pending in USCIS office in Maryland and the court can say that most of the activities that resulted in the wom occurred in Maryland (letters to congressmen, inquiries with USCIS, the AOS case itself, etc). I have seen some cases in the District of Columbia that AUSA has asked the judge (and the judge granted) to change the venue to a different district since most of the activities on the plaintiff case did not occurr in the district of columbia.

But on the other had, if I can change the venue or refile the case, I can use the favorable case in the district of columbia and have a stronger stand in my response and there is better chance of prevailing.

What do you think about these strategies?
 
GC-Pending,
Based on what you said, why complicate things by changing venue, especially DC judge had ordered cases change venue out of DC before, judge may order you to change venue back because of the same reason. You have to compare the pros and cons, your only gain is you can reference a few favorable orders, but you lose time you already at MTD stage, and besides judge may still order you change venue back after all the hassle including relocation. Why not save the time and energy to prepare OPP, MSJ to fight a good fight! Only my 2 cents.

GC-Pending said:
Hi LazyCIS,

I am trying to strategize my case and I hope, you and other members of the forum can help with your thoughts and suggestions. My case is AOS and I live in Maryland but work in Washington DC. Maryland is not a friendly state for AOS wom cases (neither the 4th circuit). I am planning to move to Washington DC in a couple of months. I have seen a favorable case in the District of Columbia which made me think of refiling my case in DC. Here are the options that I'm looking at but I'm not sure which one makes sense:

1. Voluntarily dismissing my case and then file again in DC

2. Continuing with my case even though there is a good chance it might be dismissed (I'm at the stage of preparing my response to MTD). However, my judge hasn't had any kind of ruling - favorable or not - on wom cases so far. So there is a slight chance that he might not be as pro-government as the other judges.

3. Convincing my AUSA to accept change of venue and file a joint motion to change venue. This is hard because I'm not sure when I'll move to DC and since the AUSA has already filed the MTD, there might not be any incentive for him to accept it.

I have heard from several people that judges scrutinize change of venue or filling a case in different district as they consider it "forum shopping". Have you heard anything about it? My case is pending in USCIS office in Maryland and the court can say that most of the activities that resulted in the wom occurred in Maryland (letters to congressmen, inquiries with USCIS, the AOS case itself, etc). I have seen some cases in the District of Columbia that AUSA has asked the judge (and the judge granted) to change the venue to a different district since most of the activities on the plaintiff case did not occurr in the district of columbia.

But on the other had, if I can change the venue or refile the case, I can use the favorable case in the district of columbia and have a stronger stand in my response and there is better chance of prevailing.

What do you think about these strategies?
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gc-pending

Option 1 has little sense. Why dismiss it voluntarily?
Option 2 is the easiest one and you will probably get the desired result (GC) faster if you appeal - see xiaocao case.you can use xiaocao's brief so it will be easy enough.
Option 3 is possible if you move to DC district and ask AUSA to transfer venue for your convenience. I agree that DC court does not like those transfers (it creates more work and all gov't agencies are located there) but it may accept it if you move.
MD is a tough district, but it all depends on the judge so there is hope for you.
 
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Could you tell me your district court?

AGC4ME said:
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,
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Congratulation! Your AUSA is so nice. Could you tell me your district court?
 
Congratulations

AGC4ME,
Congratulations !!! This is really a wonderful news !
Enjoy your victory ! Do not leave us, we will miss you. :)

liuym

AGC4ME said:
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,
Click to expand...
 
liuym said:
AGC4ME,
Congratulations !!! This is really a wonderful news !
Enjoy your victory ! Do not leave us, we will miss you. :)

liuym
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Thanks liuym. I'll be around. I now have obsessive WoM disorder. can't keep myself away from fellow WoMers. :-0)
 
Desperate for WoM help !!!!

AGC4ME said:
Thanks liuym. I'll be around. I now have obsessive WoM disorder. can't keep myself away from fellow WoMers. :-0)
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Dear AGC4ME,

It's always good to hear or see enthusiastic people like you.

You seem to have pretty decent knoweldge about the WoM, and I was hoping you could give me your opinion on my case..

N400 - Pending
PD 11/08/06
FP 12/07/06
ID ??????
OD ??????
one InfoPass and two service referrals => (Pending Background check)
With the help of good attorney here in Texas, do I have a good chance to win a WoM?
Will the judge accept one year as unreasonable delay and rule in my favor?
Do we know of any examples similar to my case where N400 applicants which were never interviewed had any success with their WoM?

Thanks a million and God Bless
 
N400-Misery said:
Dear AGC4ME,

It's always good to hear or see enthusiastic people like you.

You seem to have pretty decent knoweldge about the WoM, and I was hoping you could give me your opinion on my case..

N400 - Pending
PD 11/08/06
FP 12/07/06
ID ??????
OD ??????
one InfoPass and two service referrals => (Pending Background check)
With the help of good attorney here in Texas, do I have a good chance to win a WoM?
Will the judge accept one year as unreasonable delay and rule in my favor?
Do we know of any examples similar to my case where N400 applicants which were never interviewed had any success with their WoM?

Thanks a million and God Bless
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N-400 Misery,

You case is exactly like mine; I have been waiting for about a year for N-400 w/o IV. MT-100 had a very good example on this forum but he waited about 2.5 years before file WOM. I'm planning to file it earlier next year cuz one year is not very long to justify the time being unreasonable. I will wait around 15 months or so. Take care....
 
N400-Misery

Since it's been just 10 months I'm not sure if a WoM could really help you. As OK-Boy suggests you might want to wait a little.
 
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