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

congratulation!!! great news AGC4ME! Happy for you

I called AUSA first time this morning. At first, I just want to confirm the address he send to me in his Entry of Appearance. He asked me about my case. I briefly intruduced myself, my situation and status. He seems friendly, we even talked about his running habit, since I googled his name before talked with him and notice that he is a good runner and win some running competition. And I happened to be a sports medicine specialist in my home country and doing cartilage research. He said that he will do his best to help me, but he can't promise me anything at this moment. He asked me to send him my I-140 petition to him which was filed under NIW. Because in my complaint, I argued that "My application is under Section of 'Individual with Advanced degree or Exceptional Ability in the National Interest'. As the Section title implies, petitioner’s research has a strong impact on the U.S. biomedical research sector and as such the overall U.S. healthcare, and is an absolutely recognized national interest to the country. This statement was supported by the approve decision of USCIS itself. Thus, the delayed approval of the petitioner’s application is not only adverse to the petitioner but also to the national interest of American."
Overall, it's a pretty nice talk. The only thing negative is that he said he just represent USCIS. He will try to find something in my case fullfill the USCIS's expediate Criteria which all of us know it's not quite possible. And he said he had no way to contact to FBI and expediate my NC. So what's you guys opinion? He just say something nice or he will really help me? Any advices will be appreciated.
 
AGC4ME, I was trying to find your MSJ, can not find it. I'm preparing my own MSJ, do you mind sending me a copy, or point me to the post if you have it in another post, of course omit all your personal information. Thank you very much in advance.

AGC4ME said:
have u seen my MSJ yet ? What mistakes have I made ?
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dragon66, you got a good start with your AUSA, lot of people can hardly get hold of their AUSA not mentioning a good friendly talk. I believe he/she would help you if he/she could, but always remember AUSA represent defendants, not you. But keep a good relationship may help a lot as some members experienced already.


dragon66 said:
I called AUSA first time this morning. At first, I just want to confirm the address he send to me in his Entry of Appearance. He asked me about my case. I briefly intruduced myself, my situation and status. He seems friendly, we even talked about his running habit, since I googled his name before talked with him and notice that he is a good runner and win some running competition. And I happened to be a sports medicine specialist in my home country and doing cartilage research. He said that he will do his best to help me, but he can't promise me anything at this moment. He asked me to send him my I-140 petition to him which was filed under NIW. Because in my complaint, I argued that "My application is under Section of 'Individual with Advanced degree or Exceptional Ability in the National Interest'. As the Section title implies, petitioner’s research has a strong impact on the U.S. biomedical research sector and as such the overall U.S. healthcare, and is an absolutely recognized national interest to the country. This statement was supported by the approve decision of USCIS itself. Thus, the delayed approval of the petitioner’s application is not only adverse to the petitioner but also to the national interest of American."
Overall, it's a pretty nice talk. The only thing negative is that he said he just represent USCIS. He will try to find something in my case fullfill the USCIS's expediate Criteria which all of us know it's not quite possible. And he said he had no way to contact to FBI and expediate my NC. So what's you guys opinion? He just say something nice or he will really help me? Any advices will be appreciated.
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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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Congratulations, AGC4ME. I am so happy for you.
 
dragon66

Keep your AUSA engaged. Its good that he is approachable. He is right about his ability to get things expedited. Show that you suffer some form of psychological difficulty by not being able to care for your family members (which was true in my case). I mentioned this to my AUSA once casually and he wanted to know if I put it in my complaint. I didn't in my complaint but put it in my affidavit for MSJ. I don't know if he used it as a way of expediting it. So the AUSA has to bat both ways. He has to defend USCIS in front of you and the court and at the same time prevent adverse judgment against USCIS by mooting your case. Help him achieve it and things should go easy. This only applies to AUSAs who are approachable. Not to AUSAs in the 4th circuit.
 
xiaocao, bou and dragon66

Thanks. I have only crossed half the proverbial well, as we say in our country. I can rest only after I completely cross it.... But looks doable.

bou here's my MSJ. Remember I did do a discovery and FBI provided me with around 1300 pages of documentation about their internal processing which I have used extensively in my MSJ. So be careful about what you choose to include in your MSJ. All the FBI documents are available in PACER. If you are interested I can give you my case number.
 
slow_cis

yes 1574 should be replaced by 1571. Also I missed citing relevant statutes (28 U.S.C. 1361) for Mandamus only referring it to as Mandamus act.
 
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Agc4me

In my congratulation message to you which was buried under the wave of similar messages, I have already suggested that before you become a less frequently visiting member, it might be a good idea to upload all the orders/opinions that you have downloaded somewhere so that members have access to them. So far as I know, only the lists of the cases are indexed in a google spread sheet that lazy is maintaining. Is there anyway to do it?
 
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Slow_cis, I uploaded all the August judgments regarding I-485 that I downloaded from LexisNexis. I will do it for September also. I think someone should take over and continue to do that. Lazycis and I will still maintain the spreadsheet. I'll be glad if others want to join the effort. Here's what you need

1. Access to LexisNexis (if you are a student or you know someone who is a student, their university might provide free academic access to LexisNexis)
2. Access to Westlaw
3. Or patience to manually search the PACER for recent opinions. (Better yet use your skills to write a program that can data mine PACER)

We shouldn't just let this effort go by just because I drop out or lazycis drops out after his approval.

Any other suggestions to continue this is welcome.
 
Dear AGC4ME, congratulations!!! You are great!
I will have a conference call with the judge and AUSA this Thursday, will tell you all about it. Tried to hire a lawyer but he is busy.
 
Oskar2203

Thanks. Nothing great. I just did what lazycis suggested. His knowledge is profound in both procedures and prior cases not to mention the ways of countering Govt.'s arguments. I wouldn't even have filed the complaint properly if not for his guidance. I'm just a little lucky....

Good luck with your conference call. Be confident. Speak slowly, clearly and don't interrupt the judge or AUSA. But when you are asked to speak, speak your mind.
 
opinons reference

AGC4ME said:
Slow_cis, I uploaded all the August judgments regarding I-485 that I downloaded from LexisNexis. I will do it for September also. I think someone should take over and continue to do that. Lazycis and I will still maintain the spreadsheet. I'll be glad if others want to join the effort. Here's what you need

1. Access to LexisNexis (if you are a student or you know someone who is a student, their university might provide free academic access to LexisNexis)
2. Access to Westlaw
3. Or patience to manually search the PACER for recent opinions. (Better yet use your skills to write a program that can data mine PACER)

We shouldn't just let this effort go by just because I drop out or lazycis drops out after his approval.

Any other suggestions to continue this is welcome.
Click to expand...

If we just upload everything here, we can put a link to the opinion as another cell in the spreadsheet. If anybody is interested in maintaining spreadsheet. let me know. I do not have free access to Lexis so if anybody can take care of that part, it would be great. On the other hand, I am not sure if we find better opinion than Dong. So maybe spreadsheet is enough?
Also, if somebody wants to do the same for N-400 cases, I can provide the initial spreadsheet.
Another option is to build a separate website dedicated to Wom and maintatin everything there.
 
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N-400 update and question:

After I filed a WOM case on Aug. 14 (Maryland), things got into motion.
I got a call from AUSA telling me that my name check is cleared and that USCIS is ready to adjudicate and approve my petition.
However, he told me that according to a recent reading in 4th Circuit Etape v. Chertoff, USCIS can't adjudicate while there's a federal case pending.
This is confirmed in
http://www.aila.org/content/default.aspx?docid=23065
AUSA suggested "administrative dismissal" and sent me drafts of
"Consent MtD without predjudice", to be filed by their office and citing my consent, and Court Order. The consent states that USCIS is ready to adjudicate immediately upon receipt of the Order but no later than within 30 days. The Order says that if this does not happen I may reopen the case within 60 days.

Should I agree? On the face of it this looks good, in the worst case, this will be a month's delay.


Timeline:
N-400 filed Feb. 2005, FP Apr. 05, Interview June 05.
WOM case filed on Aug. 14 2007, FP Aug. 29 2007
 
agc4me

AGC4ME,

thanks for the posting, at what stage did you request document discovery from USCIS/FBI, do you think it's good time I request discovery, I'm at stage OPP/MTD.

AGC4ME said:
Thanks. I have only crossed half the proverbial well, as we say in our country. I can rest only after I completely cross it.... But looks doable.

bou here's my MSJ. Remember I did do a discovery and FBI provided me with around 1300 pages of documentation about their internal processing which I have used extensively in my MSJ. So be careful about what you choose to include in your MSJ. All the FBI documents are available in PACER. If you are interested I can give you my case number.
Click to expand...
 
aben,
Talk to AUSA and tell him that you would like to keep the suit alive but have the court remand the case to USCIS with specific order that the N-400 be adjudicated within 30 days.

Bou,
I did my discovery within 1 month of filing my complaint. You can do it too while the court is considering your MTD. Talk to AUSA and see what he says. BTW aren't you engaging an attorney ?
 
lazycis

lazycis said:
If we just upload everything here, we can put a link to the opinion as another cell in the spreadsheet. If anybody is interested in maintaining spreadsheet. let me know. I do not have free access to Lexis so if anybody can take care of that part, it would be great. On the other hand, I am not sure if we find better opinion than Dong. So maybe spreadsheet is enough?
Also, if somebody wants to do the same for N-400 cases, I can provide the initial spreadsheet.
Another option is to build a separate website dedicated to Wom and maintatin everything there.
Click to expand...

Lazycis, I have access to LexisNexis academic. So I can take care of uploading the opinions at the end of every month. For the Westlaw, however, I have to drive a long way to the law school library. For the time being, having an additional cell in the spreadsheet with a link to the pfd files sounds fine. So please continue maintaining the spreadsheet and I will take care of downloading cases and post them here.
 
Slow_CIS said:
Lazycis, I have access to LexisNexis academic. So I can take care of uploading the opinions at the end of every month. For the Westlaw, however, I have to drive a long way to the law school library. For the time being, having an additional cell in the spreadsheet with a link to the pfd files sounds fine. So please continue maintaining the spreadsheet and I will take care of downloading cases and post them here.
Click to expand...

I have access to Westlaw. So it's not a big deal. The major part is searching for opinions and uploading them here. Let's do it on the first weekend of the month (upload all opinions from the previous month).
Slow_CIS, I will add you to the list of collaborators so that you can modify the spreadsheet if need be.
 
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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Congrats AGC4ME! Thats great news. Enjoy your PR. You have some time to go before your N400 so maybe things will get better by then. Americans for Family Unity (http://www.americanfamiliesunited.org/) is doing a lot a lobbying to address name check delays and its a good organisation to support and may help your cause years later!
 
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