Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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1447b should be no problem considering 4th Circuit ruling in Etape.
I'd say it's not a bad district. There is a couple of favorable rulings in CACD:
Hodjat v. Gonzalez, 2007 U.S. Dist. LEXIS 56045 (C.D. Cal. Jul 30, 2007)
Reyes et al. v. U.S. Dept. Of Homeland Security, et al., CV 06-6726 MMM (MANx) (C.D. Cal. Apr. 16, 2007)
Big Mistake !!!!!!!!
Guys,
You are committing a huge mistake here by asking whether your district court is friendly or not.... WHO CARES IF THEY ARE FRIENDLY OR NOT !!! THAT'S NOT THE POINT...
The goal from filing a law suit is NOT to win the case in the court, but to actually get the FBI and USCIS to pull up your file from some shelf collecting dust and get someone to take a look at it and put it in a different pile for either immediate expediate, or for in-line expediate.... REGARDLESS OF WHAT THE JUDGE RULES..
If you win the court order, then it is double the pleasure, but remember, when you file a law suit you should mentally be prepared for an extension, then motion to dismiss, and then an opposition to the motion to dismiss... as plain as that... even if your court dismisses your case and u lose your law suit, you still got the FBI and USCIS to get your file and move it to a different pile for adjudication... We can name you 100 of cases where plaintiffs lost the court order, then 2-4 weeks later got their green card or their citizenship... so don't waist your time asking yourselves if a court is friendly or not.... because even that would not tell u anything ... it all depends on the judge !!!! (not even on how good or bad your lawyer is)
Good Luck ! Stay Focused ! Get what you Deserve !
Guys,
You are committing a huge mistake here by asking whether your district court is friendly or not.... WHO CARES IF THEY ARE FRIENDLY OR NOT !!! THAT'S NOT THE POINT...
The goal from filing a law suit is NOT to win the case in the court, but to actually get the FBI and USCIS to pull up your file from some shelf collecting dust and get someone to take a look at it and put it in a different pile for either immediate expediate, or for in-line expediate.... REGARDLESS OF WHAT THE JUDGE RULES..
If you win the court order, then it is double the pleasure, but remember, when you file a law suit you should mentally be prepared for an extension, then motion to dismiss, and then an opposition to the motion to dismiss... as plain as that... even if your court dismisses your case and u lose your law suit, you still got the FBI and USCIS to get your file and move it to a different pile for adjudication... We can name you 100 of cases where plaintiffs lost the court order, then 2-4 weeks later got their green card or their citizenship... so don't waist your time asking yourselves if a court is friendly or not.... because even that would not tell u anything ... it all depends on the judge !!!! (not even on how good or bad your lawyer is)
Good Luck ! Stay Focused ! Get what you Deserve !
Z350, I think we both had our interview at same time. I strongly recommend you file 1447b. They seem to have decided that they will expedite 1447b cases and the sucess rate of 1447b is now close to 100%
This is exactly what my attroney said. "There is no use getting to the end of the 1447B case in a hurry, rather keep litigating till you get the oath."
I work in Boston, but I filed Wom in RI. During the course of appeal, however, I visited Boston federal courthouse quite often. The district court is located in the same building.
Another forum member, Bou has I-485 lawsuit pending in MAD. He has a lawyer. His experience is somewhat painful as he is waiting for 6 months for judge's ruling on MTD.
Here is a template for I-485 WOM
http://www.immigrationportal.com/attachment.php?attachmentid=17057&d=1191491072
Another forum member, Bou has I-485 lawsuit pending in MAD. He has a lawyer. His experience is somewhat painful as he is waiting for 6 months for judge's ruling on MTD.
Here is a template for I-485 WOM
http://www.immigrationportal.com/attachment.php?attachmentid=17057&d=1191491072
Hi, I just started going through this thread. I'm in Boston, still researching and finding how can I expedite my AOS.
Hi,
I filed WOM on Aug 28,2007. Now I get a RFE from Texas S.C. yesterday(where my case was transferred). It states
The medical examination(Form I-693) contained in your service file does not indicate that the required tuberculin skin test was conducted. You should return to the civil surgeon who first examined you (or another civil surgeon authorized by this service) to properly complete the Form I-693 medical examination to include the required skin test.
Signed - Director, TSC (one of the defendants on my WOM)
The medical test was conducted on Dec 2004 and submitted with my 485 in March 2005.
I like to believe that it was my WOM that caused them to finally look at my file.
The Skin test is interesting. Myself (& my spouse) received BCG vaccine(for Tuberculosis) when we were kids.
I remember doing the skin test as part of my medical examination. It came out positive and we did a X-ray(to prove that the TB is not currently active).
I don't understand the logic of USCIS.
Section 212(a)(1)(A)(i) of the act states that only Class A TB renders the applicant inadmissible. meaining clinically active and infectious(communicable). The chest X-ray proves the infection is inactive. why demand the skin test then..
Anyways.. I have asked the medical center to check my records and help me respond to the RFE.
A March 9, 2007 bulletin from CDC: the civil surgeon will receive a warning letter from USCIS if they do a X-ray without the skin test. If a civil surgeon receives two such letters of corrective action, the District Director may take appropriate steps to revoke the civil surgeon designation.
I filed WOM on Aug 28,2007. Now I get a RFE from Texas S.C. yesterday(where my case was transferred). It states
The medical examination(Form I-693) contained in your service file does not indicate that the required tuberculin skin test was conducted. You should return to the civil surgeon who first examined you (or another civil surgeon authorized by this service) to properly complete the Form I-693 medical examination to include the required skin test.
Signed - Director, TSC (one of the defendants on my WOM)
The medical test was conducted on Dec 2004 and submitted with my 485 in March 2005.
I like to believe that it was my WOM that caused them to finally look at my file.
The Skin test is interesting. Myself (& my spouse) received BCG vaccine(for Tuberculosis) when we were kids.
I remember doing the skin test as part of my medical examination. It came out positive and we did a X-ray(to prove that the TB is not currently active).
I don't understand the logic of USCIS.
Section 212(a)(1)(A)(i) of the act states that only Class A TB renders the applicant inadmissible. meaining clinically active and infectious(communicable). The chest X-ray proves the infection is inactive. why demand the skin test then..
Anyways.. I have asked the medical center to check my records and help me respond to the RFE.
A March 9, 2007 bulletin from CDC: the civil surgeon will receive a warning letter from USCIS if they do a X-ray without the skin test. If a civil surgeon receives two such letters of corrective action, the District Director may take appropriate steps to revoke the civil surgeon designation.
Completly Agree!
I completely agree with you and all these bad judges should never stop anyone to file a lawsuit, which is our right. Please remember that in this forum there were many cases that got dismissed and then went to the appeal court. And then, the Plaintiffs found out that their cases are approved and they got what they wanted.
Once, I was talking to a very good IO from USCIS and he told me that as soon as someone files a lawsuit, they start to work on your case. Now it is a matter of how you prepare you complaint. Make sure that you must, must add FBI as a defendant because this whole mess is actually created by FBI. I am not saying that USCIS is not responsible, but FBI must be on the defendants' list.
One last thing, for all these bad districts like Maryland and E. Virginia and specially when you have a AOS case, you must attach and prove that you exhausted all your remedies, which means writing to congressman, senators, senate judiciary committee, senate sub committee, DHS CIS Ombudsman, USCIS district directors, and the First lady's office. All this mailing must be done with USPS certified mail with return receipt and all letters and receipts must be attached. In this case, even if your case is dismissed, you will have a very strong case when it goes to the appeal court. .
Also, if you have compelling reasons to adjudicate the case, attach all the proofs. Make a complaint, so when these people receive the summons and your complaint, they get scare to see the size of it. I recommend everyone to use the Paz's format. It is because that format is easy to read and to the point. I used his format when I was making my complaint. Hope this info is helpful.
Those of you who have not seen that format, here is a copy again. It has been posted before.
Best of luck to all!! Please keep sharing!! Regards, dude
I completely agree with you and all these bad judges should never stop anyone to file a lawsuit, which is our right. Please remember that in this forum there were many cases that got dismissed and then went to the appeal court. And then, the Plaintiffs found out that their cases are approved and they got what they wanted.
Once, I was talking to a very good IO from USCIS and he told me that as soon as someone files a lawsuit, they start to work on your case. Now it is a matter of how you prepare you complaint. Make sure that you must, must add FBI as a defendant because this whole mess is actually created by FBI. I am not saying that USCIS is not responsible, but FBI must be on the defendants' list.
One last thing, for all these bad districts like Maryland and E. Virginia and specially when you have a AOS case, you must attach and prove that you exhausted all your remedies, which means writing to congressman, senators, senate judiciary committee, senate sub committee, DHS CIS Ombudsman, USCIS district directors, and the First lady's office. All this mailing must be done with USPS certified mail with return receipt and all letters and receipts must be attached. In this case, even if your case is dismissed, you will have a very strong case when it goes to the appeal court. .
Also, if you have compelling reasons to adjudicate the case, attach all the proofs. Make a complaint, so when these people receive the summons and your complaint, they get scare to see the size of it. I recommend everyone to use the Paz's format. It is because that format is easy to read and to the point. I used his format when I was making my complaint. Hope this info is helpful.
Those of you who have not seen that format, here is a copy again. It has been posted before.
Best of luck to all!! Please keep sharing!! Regards, dude
Dear Fighters Against USCIS,
With the help of Lazycis we filed a complaint under the APA against USCIS that found us "inadmissible" and refused to adjudicate our status. Congressional requests, AILA liaison contacts and motion to reopen did not help. On Sept. 27 we filed the complaint, on Sept. 28 served it upon the US Attorney in our district. Today the office of our lawyer got the notice that our petition was approved and we are lawful permanent residents. It happened exactly as the clerk at the court had told us - when they see that that they are going to lose the case they adjudicate it as if nothing had happened.
So do NOT file the MOTICs (as our lawyer practically forced us to do), do file the complaint at the court - and they will move.
You do the complaint yourself, so you do it better than any lawyer, it is cheaper and quicker.
Many thanks to Lazycis and good luck to everybody.
Should you have any questions, feel free to ask.
With the help of Lazycis we filed a complaint under the APA against USCIS that found us "inadmissible" and refused to adjudicate our status. Congressional requests, AILA liaison contacts and motion to reopen did not help. On Sept. 27 we filed the complaint, on Sept. 28 served it upon the US Attorney in our district. Today the office of our lawyer got the notice that our petition was approved and we are lawful permanent residents. It happened exactly as the clerk at the court had told us - when they see that that they are going to lose the case they adjudicate it as if nothing had happened.
So do NOT file the MOTICs (as our lawyer practically forced us to do), do file the complaint at the court - and they will move.
You do the complaint yourself, so you do it better than any lawyer, it is cheaper and quicker.
Many thanks to Lazycis and good luck to everybody.
Should you have any questions, feel free to ask.
Lazycis, can you take a look at my questioin when you get a chance? if I work in CT, can I file my WoM in CT? Or it has to be where I live(NJ), how can I move my case to CT after filing in NJ? Given the slow processing time and no H-1 qouta situation, I have to somehow arrange the timing.
Thanks very much in advance.
Jeff,
You cannot file it in CT unless you move there (or if one of the defendants reside there). I agree with other members that one should not look for a perfect district and hold off filing a complaint. File it asap, the lawsuit will make the USCIS to look at your case.
If you move to CT, you can file a "motion to transfer venue" and ask the NJ court to transfer your case to CT for your convenience. It's easy to do.
Hello friends, my AUSA have got today a letter from M. Cannon that describes how hard they are working on my namecheck for the past 4 years, and saying that from the April 2007 it is in the dissemination stage. Any ideas? I think that letter means that it can be in dissemination stage for another 4 years, am I correct?
patricia_432
Registered Users (C)
Any suggestion for my case?
Thanks LazyCis. And I think Hiran "Big Mistakes" is absolutely right. I decide to file my lawsuit asap.
My husband was primary of I-140, which was approved Jan 2006. My husband and my kid both got their GC April 2006. I'm stuck by NC till now. Someone mentioned similian case, the AUSA argued this kind of pending starts from I-140 approval instead of the actual time USCIS submitted my NC to FBI. Any thing I should pay more attaintion? Any suggetion before I file my lawsuit? Thanks.
Thanks LazyCis. And I think Hiran "Big Mistakes" is absolutely right. I decide to file my lawsuit asap.
My husband was primary of I-140, which was approved Jan 2006. My husband and my kid both got their GC April 2006. I'm stuck by NC till now. Someone mentioned similian case, the AUSA argued this kind of pending starts from I-140 approval instead of the actual time USCIS submitted my NC to FBI. Any thing I should pay more attaintion? Any suggetion before I file my lawsuit? Thanks.
There is not much to be done before the dissemination stage (check this doc http://www.immigrationportal.com/attachment.php?attachmentid=17052&d=1191401824). That probably means that they did not start working on your NC untill January-February 2007. Is that the time when you filed a civil action? Also, all USCIS requests have a priority level 3 - requests from major customer without specific deadlines. So if you do not push them, it can easily take another 4 years.
lazycis,
Does the appendix contain anything more than the docket entries and the MTD hearing transcripts? As I understand, the district clerk is going to electronically send those to the appellate. Is there anything left for me to do?
I have also called the circuit clerk and they have my filed but been too busy to assign a docket number. They expect to do it by the end of the week.
Does the appendix contain anything more than the docket entries and the MTD hearing transcripts? As I understand, the district clerk is going to electronically send those to the appellate. Is there anything left for me to do?
I have also called the circuit clerk and they have my filed but been too busy to assign a docket number. They expect to do it by the end of the week.
Hi Lazycis, I have filed AOS mandamus on May 2,2007 and AUSA told me that they have sent expedite namecheck request shortly after that.
Make sure you can show that you've tried to resolved the situation outside of court. Include receipts of letters you've sent and responses, if any, as exhibits. Include the printout from the USCIS website with current processing times and reponses from USCIS to your status inquiries.
Use the complaint template posted on the forum, that'll save your time.
Don't hesitate to post questions.
By rules you have to agree with AUSA on the contents of appendix or you have to file appendix designation with the court. But AUSA will want all his filings to be in the appendix anyway so just include them and e-mail/call AUSA to let him know that. Include your complaint as well and exhibits (you can exclude some pages if you want to). Use docket report feature from PACER to print docket entries.
I can send you or post a template for Appendix contents, if you want.
I did not include my response to MTD to save money. Check with the clerk regarding number of appendicies required. In my court it's 5 (local rule).
Even though all record is being sent to the appellate court and you can refer to all docket entries, the appendix should contain essential filings and it will be the primary reference for circuit judges.